When introducing demonstrative evidence, which factors must be addressed to ensure admissibility?

• A. It does not need authentication
• B. It requires relevance and authentication, lay a proper foundation, avoid misrepresentation, and provide copies or explanations to the court and opposing counsel
• C. Copies are never required
• D. It can be admitted without explanation

Answer: (B)

Demonstrative evidence must be treated like any other evidence in terms of reliability and fairness: it has to be relevant to a fact in issue, properly authenticated, and presented with a solid foundation so it isn’t misleading. That means you need to show what the exhibit is and that it accurately represents the underlying facts, usually through witness testimony or foundational testimony. You also have to guard against misrepresentation by ensuring the exhibit doesn’t distort or omit important details, and you may need to accompany it with explanations or cautions to prevent confusion.

Providing copies or explanations to the court and to opposing counsel is essential so the other side can inspect and challenge the exhibit if needed, and the court can assess its accuracy and relevance. Without this, the demonstrative could unduly influence the jury or mislead, which jeopardizes admissibility.

So the best approach includes relevance, authentication with a proper foundation, avoidance of misrepresentation, and giving copies or explanations to the court and opposing counsel. The other options fall short because they omit authentication, misstate the need for copies, or allow admission without sufficient explanation, which could undermine fairness.