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In a crash case, the defendant offers a computer animation showing the plaintiff running directly into the road. No witness testified that the plaintiff ran, and the animation does not disclose that the running speed is an assumption. The plaintiff objects under Rule 403.
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The court may exclude or require changes to the animation if its unsupported assumptions make it likely to mislead the jury and that danger substantially outweighs its probative value. The court must admit the animation because demonstratives are never evidence. The court must exclude the animation unless both parties prepared it jointly. The court must admit the animation because Rule 403 applies only to photographs.

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