A simulation may consist of some speculation if there is expert testimony supporting it. A proponent of a simulation may depict any element argumentatively, as long as that is pointed out to the jury. Code 352 requires the court to engage in a balancing test. Computer simulations have an aura of credibility that may subject such evidence to rigorous scrutiny by the court under Evid. Counsel should rely on his or her experts, who will be preparing the simulation, to know what limits will apply to the use of the simulation.
Computer imaging allows a party to recreate a scene which no longer exists.
There is less chance of a computer simulation incorporating erroneous assumptions than a videotaped reconstruction. Computer-generated simulations do not yet have a legitimate place in the courtroom. The counsel's error in Anello v. Southern Pacific Co. Normally, the court need not indicate any reasons on the record why the prejudicial impact of excluded evidence substantially outweighs its probative value. This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.