Skip to code content (skip section selection)
Compare to:
Sec. 20-113. Preserving evidence of litigation purposes.
   (a)   Maps, diagrams and sketches.
      (1)   Accuracy. The paper must correctly represent the situation as it existed at the time of consideration. It is not necessary that the map or sketch be drawn to scale provided it is a fair representation.
      (2)   Verification. It is usually held that it is not necessary that the person making the map, diagram or sketch testify as to its correctness, but any person acquainted with the facts may do so.
   (b)   Photographs.
      (1)   Instructive. Whenever the appearance of a person, place or object is relevant, a photograph or picture is admissible to explain the evidence and aid in its application and to assist the court or jury in understanding the case.
      (2)   Accuracy. The photograph must be a fair and accurate reproduction of the things or conditions as they were when the photograph was taken. Where a photograph is offered, not as a mere general representation of the thing or condition, but to show distances, colors, relative sizes, or locations of objects, it may be very deceptive and misleading, therefor, much more convincing proof of its accuracy is required.
      (3)   Verification. It is best if the photograph is verified by oath of photographer who took it; however, sufficient verification may be furnished by the testimony of any competent witness who has sufficient knowledge to testify that the photograph fairly represents what it purports to represent. The presence of a verifying witness when the photograph was taken may be a factor in determining the sufficiency of the accuracy.
      (4)   Notice to adverse party. It is not essential to the admissibility of the photographs that the adverse party should have been notified of the intention to take them.
      (5)   Inscription on picture. When an otherwise admissible picture has an inscription on it or on the reverse side of it, before the photograph can be admitted, the handwriting must be identified or concealed so that only the picture itself, and not the message inscribed on it, can be considered as evidence.
   (c)   Samples; identification. Samples are admissible on an issue as to the properties or qualities of the substance involved in the case where they are sufficiently identified as to their source and that they reflect the condition of the substance or articles as of the time involved in the issues.
   (d)   Documents; existence and genuineness. The document must be produced in court, together with witnesses to identify it.
(Prior Code, § 16-105; Ord. No. 96-83, 12-13-1983; Ord. of 9-22-1992)