Witness is familiar with the scene, etc.
Witness recognizes the scene, etc.
The defendant may object on the ground of hearsay, stating that the film presents assertions made out of court, offered in evidence to prove the truth of the matters contained therein. The Court felt that the film permitted the jury to consider evidence which was more authoritative on the material issues of pain and suffering and loss of the enjoyment of life than any other evidence which the plaintiff could produce through reasonable efforts. The decision also held that the trustworthiness of the film was guaranteed by having the plaintiff and other witnesses present at trial so the defense could cross examine if it so desired. Federal Rule 807, on which the ruling in Grimes was based, is not incorporated into most state Rules of Evidence, including Texas, although sound reasoning should produce the same result. If, however, the tape does have a tendency to prejudice or inflame, the court will examine it with great care to determine whether its probative value exceeds its prejudicial effect.