Legal Question in Business Law in California

Re: Digital Photos

Questions about admissibility always hinge on the issue of what the evidence is supposed to show. Evidence that would be admissible to prove fact A might not be admissible to prove fact B. Likewise, evidence that would be admissible to prove fact A under one set of circumstances might not be admissible to prove the same fact under different circumstances.

There is nothing special about digital photographs which makes them more or less admissible than traditional photographs made with film. There may be more arguments to be made about whether the photos have been altered, but those arguments only come up after the photo has already been admitted.

Re: Digital Photos

It is not question of digital vs. film, photo vs. tape or any of that. Everything is allowable in court as long as the judge, after a proper foundation is laid up proves that it is offered for evidentiary purposes. Basically, the discretion of the court is very wide in allowing or disallowing anything as evidence. It becomes very technical and a layperson should not worry about since they will not have to deal with the in a substantial majority of situations. Their lawyer will deal with it appropriately.

Re: Digital Photos

Thank you for your posting.

If proper foundation can be laid, i.e., that the pictures are not forged or faked, and depict what they say, they can be admissible in court, yes, just as film is.

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Re: Digital Photos

I agree with all three prior answers. Admissibility has largely to do with usefulness to a judge or jury and absence of capacity to mislead. The only thing I can add is that a photo (or copy) of any kind may be inadmissible if the original is available, on the theory that the original is more reliable....e.g., the jury may not be allowed to view a photograph of the murder weapon if the real weapon is available. On the other hand, the photo may be admissible if it shows something not visible on the original, e.g. if photography under special lighting reveals the suspect's fingerprint which cannot be seen under ordinary conditions.