A simulation represents a physically accurate re-creation of an incident, based on scientific analysis, and may be used as part of the proof of the case. Though the term “animation” is often used as an umbrella term to include any motion graphics, it is more correctly used as a portrayal of something that is not based on an expert’s scientific analysis and is not probative. Examples may include an illustration of a witness to a car crash, or a portrayal of how a tire is constructed. In this context, an animation is used for illustrative purposes. The more general term “video graphics” is a useful term to use to include both simulations and animations.

Examples of simulations may include video graphics that portray the output of vehicular dynamics simulators such as EDSMAC and H.V.E., a recreation of a shooting based on an expert’s trajectory analysis, and a video graphic portrayal of a fire based on fire modeling software. The video graphics portrayal of the simulations must be created based upon the simulation data, and the testifying expert must be able to testify to this fact. Because these simulations and their video graphics portrayal are based on scientific analysis, and become part of the proof of the case, they may be entered into trial as evidence. This of course assumes that the underlying expert analysis is accurate. If the analysis is flawed, the subsequent portrayal of it will also be flawed and both are at risk of being excluded.

Animation exhibits are typically used as illustrative aids, and not admitted as evidence. It is important to clearly define which kind of demonstrative evidence you will be using at the beginning of the development process so there is no confusion at the time of admittance.  Clearly stating what the demonstrative evidence is and is not to the opposition may also pre-empt some of their efforts to exclude it. If you try to admit an illustrative portrayal of an expert’s opinion without proper explanation, and they claim you are trying to admit an exact reconstruction of an event, you run the risk of having the portrayal excluded.