Quick Tip: Admissibility of Photographs in Court

Happy World Photography Day! As you appreciate the beauty of photographs today, remember that in the legal world, photographs can also play a crucial role as evidence. For those preparing for the bar exam, it's important to understand the rules governing the admissibility of photographs in court.

To admit a photograph into evidence, it must first be authenticated. This means that someone with personal knowledge of the scene depicted in the photograph must testify that the photo accurately represents what it purports to show. This person is often the photographer, but it could also be a witness familiar with the scene.

The photograph must be a "fair and accurate" representation of the subject at the relevant time. The witness doesn't need to have taken the photo themselves, but they must be able to confirm its accuracy based on their knowledge of the scene.

For example, in a personal injury case, a witness might testify that a photograph of the accident scene accurately depicts the road conditions at the time of the incident. Once authenticated, the photograph can be admitted as evidence to help the jury understand the facts of the case.

Photo by Rosie Kerr on Unsplash