How to Turn Photographs Into Evidence For Trial

So often in small claims court litigants bring in pictures of something as their evidence and the judge refuses to allow them in. Are you are heading to trial with photographs that you believe are necessary to prove your case? Here are a few suggestions of how to submit photographs for your trial.

Instructions

Difficulty: Easy

Things You’ll Need:

• Camera
• Photographs
• Photographer
• Affidavit

1. Hire a photographer to take pictures of the object(s) that is at issue.
2. Fet a friend or family member, who is capable of taking pictures of every possible angle of the object(s), to take the pictures for you.
3. Have whomever took the pictures go to the courthouse and swear an affidavit verifying it. This will confirm that this person took these pictures and on what date. See eHow article, "How to Write an Affidavit."
4. If the pictures can’t be developed by an official photographer, then you will need to have them developed at a photo store that prints the date on each photograph.
5. If the person taking the pictures cannot swear an affidavit, they will need to give testimony at trial confirming that they took the photographs and when.
6. A copy of all the photographs along with the original affidavit from the photographer must be filed with the court, with an identical copy of the photographs and copy of the affidavit being served on the other party(s) in the acceptable time period before trial.

Tips & Warnings

• It would be wise to have four prints of each photograph made rather than making photocopies of the originals. If there is a perception difference or a color difference between the copies and the originals, the opposing lawyer could challenge the validity of the photographs.
• You should not take the pictures yourself if it is at all possible, as it leaves too many questions open as to the validity of the pictures.