Cope v. Sevigny, 289 A.2d 682 (Me. 1972)

Cope v. Sevigny, 289 A.2d 682 (Me. 1972)

Regardless that the evidence reveals uncertainty as to whether the Thomas collar had been initially prescribed by a physician or had been used by the plaintiff on his own, and independently of whether there might have been a sufficient acknowledgement by an attending physician of its therapeutic benefit to plaintiff, [2] the admissibility into evidence of an object or article which testimony tends to make relevant as an evidentiary exhibit in the nature of 'demonstrative' or 'real' evidence, lies, essentially, in the discretion of the presiding Justice. While such discretion should generally be exercised liberally to admit relevant 'demonstrative' or 'real' evidence which tends to have probative value, in accordance with the general basis principle favoring the admissibility of evidence of probative force, there remains a large discretion invested in the presiding Justice to evaluate whether the probative benefits of allowing an object or article into evidence as an exhibit are fundamentally minimal or trivial or, even if substantial, are nevertheless overridden by other extraneous nonprobative factors.
    • Related Articles

    • T.H. Leland v. D.R. Leonard, 112 A. 198, 95 Vt. 36 (Vt. 1921)

      The value of photographs and photographic enlargements of questioned signatures and documents is everywhere recognized. [95 Vt. 38] It is attested by this Court in Rowell v. Fuller's Estate, 59 Vt. 688, 10 A. 853. They must be properly verified, to ...
    • State v. Hardy, 489 A.2d 508 (Me. 1985)

      The results of experiments are admissible if they are conducted under circumstances which bear a "substantial similarity" to those surrounding the event placed in issue at trial. See Sucrest Corporation v. M/V Jennifer, 455 F.Supp. 371, 385 n. 22 ...
    • Commonwealth v. Harvey, 397 Mass. 351, 359 (1986)

      When, as here, the demonstrative photograph is generated as a digital image or video image, the judge must determine whether the image fairly and accurately presents what it purports to be, whether it is relevant, and whether its probative value ...
    • State v. Irving, 818 A.2d 204, 2003 ME 31 (Me. 2003)

      An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the ...
    • State v. Irving, 818 A.2d 204, 2003 ME 31 (Me. 2003)

      An illustrative aid is a depiction or object which illustrates testimony or argument. M.R. Evid. 616(a). It does not go into the jury room unless counsel agree or by order of the court for good cause. Id. 616(d). While it does not have to meet the ...