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How do we get a photograph into evidence during the course of trial? Would you like to learn
the answer? Come join me as I share with you this great information. Hi. I'm Gerry Oginski.
I'm a New York medical malpractice and personal injury trial lawyer practicing law here in
the state of New York. During practically every trial, whether it's an accident case,
whether it's a medical malpractice case or whether it's a wrongful death case, we will
at some point introduce into evidence a photograph. And it could be a photograph of many different
things. A photograph of your injury, a photograph of an accident scene, a photograph of the
person who died. And now we actually have to go through a brief process that allows
us the ability to not get this photograph into evidence and then once we do that I can
then show it to the jury. Otherwise, I can't show it to the jury. So now let's say I have
a photograph of the accident scene that I need to get introduced into evidence. So what
I'm going to do is I'm going to hand it to my witness. Ms. Jones, would you be so kind
as to take this photograph please? Ms. Jones, I'd like you to take a look at the photograph
that's just been marked as 'Plaintiff's 1' for identification. Do you recognize what's
contained in that photograph? "Yes, I do." Tell the jury please what is contained in
that photograph. "Oh, it's a photograph of the accident scene where this accident happened."
Oh, Ms. Jones, are you familiar with the location where this accident happened? "Yes." You've
been at that location many times, true? "Yes." And you've gone there every day going to work,
isn't that right? "Yes." And you've gone there coming home from work every single day, isn't
that true? "Yes." And does this photograph accurately represent the condition of the
intersection at the time that your accident happened? "Yes it does." Your Honor, at this
time I offer this photograph into evidence. And now he'll turn to the defense attorney.
"Defense counsel, any objections?" And now the defense attorney has to decide whether
or not to object. And if he does object, the judge is going to ask what's your objection?
"Your Honor, I don't believe that the photograph accurately portrays the location of where
this accident occurred." And because Ms. Jones has said that the photograph does accurately
portray the location, the judge is going to overrule the attorney's objection and allow
that photograph to go into evidence. Your Honor, at this time may I publish or show
this photograph to the jury? "Yes you may." And now the court officer will take the photograph,
go over to the jury and show them. Each one will have an opportunity to look at it, one
by one. And when they're done, I'll now have the photograph back. So why do I share this
great information with you? I share it with you to give you an insight and an understanding
into one key trial strategy that's used when we try and get a photograph into evidence
at trial. You know, I realize you're watching this because you have questions or concerns
about your own particular matter. Well if your matter happened here in New York and
you do have legal questions, what I encourage you to do is pick up the phone and call me.
I can answer your legal questions. This is something that I do every single day and I'd
love to talk to you. You can reach me at 516-487-8207 or by email at Gerry@Oginski-law.com. Well
that's it for today's quick video. I'm Gerry Oginski, have a wonderful day!