A brief discussion on admissibility of demonstrative evidence is contained in this section. For a detailed discussion, see the Michigan Judicial Institute’s Evidence Benchbook, Chapter 6.
“Demonstrative evidence is admissible when it aids the fact-finder in reaching a conclusion on a matter that is material to the case.” People v Bulmer, 256 Mich App 33, 34-35 (2003) (trial court properly admitted a computer-animated slideshow simulation illustrating “what happens to [a] baby’s brain during a shaken-baby episode[]”).
“The demonstrative evidence must be relevant and probative[, and] . . . when evidence is offered not in an effort to recreate an event, but as an aid to illustrate an expert’s testimony regarding issues related to the event, there need not be an exact replication of the circumstances of the event.” Bulmer, 256 Mich App at 35. If the evidence bears a “substantial similarity” to an issue of fact in the case, it may be admissible. Lopez v Gen Motors Corp, 224 Mich App 618, 627-634 (1997). “The burden . . . is on the party presenting the evidence to satisfy the court that the necessary similar conditions exist.” Duke v American Olean Tile Co, 155 Mich App 555, 561 (1986).