W H I T E PA P E R | J U N E 2 0 0 9
The Case for Using 3D Animation:
Table of Contents
The Case for using 3D Animation: 1
How 3D Animation Should be
used in Trial:
Accident / Injury:
Medical / Biological:
Product Liability:
Patent Infringement:
Construction Defect:
Toxic Tort:
Animation Do’s and Don’ts:
Animation’s Strengths:
Animation Misuses:
Admissibility of 3D animation in
the Courtroom:
How 3D Animation is Created:
Planning with Expert Witnesses:
Storyboard Generation:
Scene Generation:
Static and Motion Tests:
Final Production:
Tips to Create a Successful
Animation:
Summary:
While 3D animation is still in its infancy, the advances in 3D technology are progressing
at an exponential rate. In just the last 30 years, 3D has progressed from simple wireframe
static images, to photo-realistic organic forms almost indistinguishable from living
creatures. These hyper-realistic images are now becoming applicable to courtroom
presentation, the fact that juries are viewing, and accepting these images in their daily
lives, cannot be ignored as a powerful means of visual persuasion.
A measure of the public’s acceptance of 3D graphics can be seen in the advertising
industry, where automobiles are routinely sold to prospective buyers in commercials,
1 without the viewer ever actually seeing the product they’re considering purchasing.
1 Many automobile commercials show a purely digital representation of the vehicle, which
2 can be easily idealized with manipulated reflections, lowered chassis and blacked out
2 regions of the 3D model to present the product in an idealized portrayal. Yet the public
2 never notices the difference in the showroom, and often doesn’t know that this is the
3 first time they’ve actually seen the product they intend to buy. The undeniable ability of
3 3D graphics to suspend the viewer’s disbelief is a powerful factor when trying to “sell”
an audience on your point of view.
3
3 The case for using 3D in trial is essentially the same. The look and feel of 3D graphics is
4 something that has become ingrained in our daily lives, and is now expected, rather than
being the exception. It is inescapable, and is seen everywhere from TV, video games and
movies, to iPod’s and cell phones. But beyond it’s obvious appeal to our visual way of
4 thinking, as a medium it is more flexible than any other form of moving media.
4 Virtually any subject matter created in digital media can be carefully crafted to convey
4 highly-complex concepts, scenarios and processes to the lay jury. When the foundation
5 of a case is based on technical analysis, industrial processes or events that are outside
5 the scope of the average juror, 3D graphics can clearly explain extremely difficult
5 concepts to the non-technical person. While the foundation of your argument has to be
5 established by a knowledgeable, and usually highly educated, expert witness, his or her
analysis and testimony could be completely lost on the layman. So the ability to convey
unfamiliar concepts, as well as presenting a visually appealing image to focus the jury, is
5 why 3D graphics should be considered as demonstrative evidence.
6 How 3D Animation Should be Used in Trial:
Computer animation’s uses in trial are only limited by the presenter’s imagination.
3D lends itself to several specific subjects, but by no means is limited to the following:
Accident / Injury:
While this is the most common topic for 3D in the courtroom, it is actually not the most
powerful use of the medium. 3D does excel in safely placing the jury in a position to
closely experience a traumatic event. It is basic human nature for the viewer to then
associate themselves with the victim, and assess how they would have reacted to the
www.scenesystems.com
 S C E N E S Y S T E M S W H I T E PA P E R
situation themselves. Viewing constraints, timing issues, and
judgment are instantly made clear in a way that no static exhibit
or live testimony can. This is a typical example of showing a time
ordered sequence of events to a juror, giving them the closest
representation of the actual event. It could be argued that one
could have videotaped the accident, with similar results. But
many scenarios cannot be re-created safely, and 3D animation
has the unparalleled flexibility of placing the viewer’s vantage
point anywhere in the scene, including inside solid objects if
desired. But because an accident recreation is subjective, and
must be based on foundation data generated by a qualified
accident reconstructionist, the animation can only be used as a
demonstrative in support of expert testimony.
Medical / Biological:
As the logical adjunct to Accident/Injury, Medical animation can
also be used for medical malpractice or pharmaceutical purpos-
es as well. But the main benefits are similar to all applications.
Due to the complexity of biological systems, few laymen
understand the complex workings of basic biology, from the
chemical, electrical or cellular level, with regard to the function
of the major organs in humans or animals. The additional
consideration that many jurors consider surgical procedures and
accident scenes unpleasant, 3D animation excels at “sanitizing”
the explanation of an operation or an accident/crime scene. The
detached nature of animation allows the jury to concentrate on
the injuries or medical procedure, without eliciting the emotional
response associated with seeing an actual person with severe
injuries.
In addition, 3D allows the viewer to experience microscopic
interactions that could not be seen otherwise. Illustrating how a
new drug interacts with specific cells, or how the endocrine or
nervous system functions can easily be shown without requiring
an extensive medical, or research background.
Product Liability:
This topic often consists of a combination of the above two
subjects, but 3D graphics has other benefits to Product Liability.
Once again, it can be used to place the juror in the position of
someone injured by a product, and show the injuries incurred.
But in addition, 3D can also educate the juror on the operation
of the product, its design and manufacturing process, as well
as design flaws.
Typically the jury is introduced to the product in question, if
possible showing the actual article to the jury in trial. If it’s not
| JU NE 2009
feasible to bring the device into court, or it may even be obsolete
and unavailable, then 3D graphics is the closest method of
showing the jury what the device is, and how it operates. But
even if the object is small enough to bring into the courtroom, it
is often helpful to show how it’s manufactured, and assembled;
easily and clearly accomplished with 3D animation.
To illustrate the failure mode of the device, it may once again
be too dangerous, or graphic, to video tape. And identifying the
design flaw that caused the accident may require that the jury
be educated on the material properties of a small part that failed
inside the device. Disassembling the object in 3D, and zooming
in to the atomic level (if necessary), and cutting the device along
an arbitrary axis are all possible in 3D, if identified early in the
project. Even the jay juror with no mechanical, metallurgical, or
manufacturing background can easily understand the failure
mode of a complex mechanism when they can see it happening
before them.
Patent Infringement:
Although this subject might be considered somewhat non-emo-
tional and mechanical in nature, it can also include the above
uses. While this is often the most technical subject in trial, and
perhaps the most appropriate use of 3D graphics, it can also
require ancillary animation to explain a biological or medical pro-
cess related to the infringement.
A mechanical device would clearly require that the lay jury
understand how the original device operates, was designed
and manufactured. The infringing device would then be explicitly
described in the exact same terms, but visually highlighting
the infringing characteristic for the jury. Once again, if either
device were unwieldy, obsolete or only in the prototype stage,
3D graphics could represent it as clearly as if it were in the
courtroom. If the case involved a medical device, the medical
procedure may need to be illustrated, to show the jury the
similarities and differences of the infringed device.
Another facet of 3D graphics in patent infringement is for
nonphysical infringement topic, like software or electronic
patents. Educating the jury on non-physical concepts is
particularly challenging, especially when physics or computer
programming is involved. Illustrating the nuances of signal
compression, digital imaging, bar code scanner software
operation, or laser technology to the lay jury can be extremely
difficult. But illustrating these concepts at the component, or
even atomic level, is easily accomplished in 3D. With the right
www.scenesystems.com
 S C E N E S Y S T E M S W H I T E PA P E R
approach, even the lay juror can understand the most subtle
points of your argument.
Construction Defects:
From a purely mechanical point of view, Construction Defects
can be well-documented and made easily understood using 3D
animation. The average juror has little knowledge of construction
techniques, materials, and site preparation requirements.
Grading considerations, drainage, fill requirements, along
with concrete, steel and wood construction methods can be
clearly demonstrated. Compressing time and showing the
jury construction phases, quickly saves them the tedium of
actual construction schedules. Delays in schedules, errors in
construction, and improper use of materials or failure to adhere
to building codes can all be clearly shown, regardless of how
large the construction project is. The ability to move the camera
to any location on the site, cut away
layers of soil or building materials,
or compare “as-built” plans to the
final construction all help the jury to
visualize the complexities of large
construction techniques.
Toxic Tort:
This subject matter is ideal for 3D
animation, by its very nature. Often
most of the damage due to a toxic
spill is, by definition, not visible to
the naked eye. This type of litigation involves showing the jury
what cannot be seen in any other way, and requires substantial
technical data in the form of borings, soundings, etc., to identify
the extent of the contamination. Once established, the jury can
then see the magnitude, and propagation, of the underground
plumes. This often leads to showing how the contamination
finds its way into the underground water aquifer, and into the
local supply.
By extracting subsoil sections from the surrounding topography,
the lay juror can clearly be shown the extent of the damage, and
the often high cost of cleaning up the site. Once again, the
ability of 3D to move the camera anywhere in space, and show
a micro, or macro view of the subject matter is key to using the
medium to its maximum potential.
Animation Do’s and Don’ts:
As mentioned above, 3D animation has particular strengths and
when used properly, is often the most compelling exhibit for
| JU NE 2009
many cases. But it definitely should not be use for everything,
and if used improperly can be ineffective.
Animation’s Strengths:
First and foremost, 3D animation should be used to illustrate a
time ordered sequence of events. That may seem obvious, but
all too often animation is used simply because the requester
believes the “look” of 3D graphics will add weight to his or her
presentation. As described below, creating 3D animation is an
involved process. To build a complex object in 3D, only to then
show a static image of the object, is not cost-effective. A pho-
tograph, video footage, or artist’s conception of a static object
should always be used, if possible.
The virtual camera is one of the most valuable capabilities in 3D.
You can move though out your scene at will, through objects,
below ground, from a macro view of the Universe, to the sub-
atomic level. You can make apparently
solid objects appear transparent,
cut objects open, or fly through the
smallest spaces within a mechanism to
show how it operates. Once a scene
is created, you can replay the object
motion exactly viewed from any angle.
This allows you to place the viewer’s
eye point anywhere in the scene, to see
what the event would have looked like
from multiple perspectives.
Because all objects in the virtual world have to be created
from scratch (i.e. modeled similar to a CAD object), you can
create variations on a single object, create objects that are
obsolete, or that have been designed but do not yet exist, or
turn normally solid objects into partially transparent ones, to see
their inner workings (including biological representations of the
Human body).
Sanitizing unpleasant medical or accident scenes is often used
to help the jury focus on the injuries or procedures, not the
sensationalism of the images. And non-physical systems, such
as electrons moving through a wire or drug interactions inside a
microscopic virus can readily be illustrated.
In short, almost any physical, non-physical, mechanical, or
procedural system can be explained to the lay jury, without
having to rely on the jurors interpreting the highly technical, and
often tedious, testimony of expert witnesses. Even non-intuitive
securities and contract cases can benefit from using animation,
www.scenesystems.com
 S C E N E S Y S T E M S W H I T E PA P E R | JU NE 2009

showing for example, the chain of custody of a contract during the animation trial consulting expert need only state that no
approval at the time a claim was being made. The application liberties, artistic or otherwise, were used to put the technical
of 3D animation is only limited by the imagination of the experts data into motion, and the technical expert agrees that
requestor. the animation is a fair and accurate representation of his or her
data, it’s rare that the exhibit would be rejected. Naturally if the
Animation Misuses:
court is biased against 3D (some have been known to state that
As briefly stated above, creating 3D animation is an involved
it looks “too compelling”, but that will be known beforehand),
process. If there is a more cost effective way to represent
or the animation is too dramatic and gives the appearance of
your position other than 3D, use it. If you can photograph an
bias, then it could be rejected. It is critical that the animation be
object, or video tape the events you need to show, do so. Using
factual, and informative; not sensational, or dramatic.
animation for animation’s sake can backfire in court. If your
animation looks “too Hollywood”, with gratuitous explosions, But as courtrooms become more digital, and judges more
sound effects, blood, etc., there is a good chance it will have accustomed to seeing high quality animation on a daily basis,
to be re-worked to appear more objective. Juror’s expectations the parameters for “Hollywood-style” animation could likely
may be constantly increasing, due to the level of sophistication change sometime in the future.
of animation they see every day. But it seems doubtful that the
courts will tolerate the “entertainment factor” of such work
products.
How 3D Animation is Created:
Although most clients are unconcerned with the details of how
When using 3D, it’s beneficial to balance your presentation by
3D animation is created, it is definitely in their best interest (and
interspersing 2D animation, static images (photos), and video.
the best interest of their clients paying the bills), to understand
Rather than try and represent every minute point graphically,
the basics of how the exhibit they’re requesting is created.
allow the expert whose data was the basis of the animation
One minute of animation is 1,800 static images shown in
to explain the minutia on the witness stand. Keep the pace of
quick succession, to give the illusion of motion. But each of the
the animation moving to show the overview of your argument,
1,800 images that comprise that animation are created in a very
concentrating on emphasizing the difficult concepts in clear
different way, as compared to a single static image that most
images that the jury will understand, and retain.
litigators are familiar with.
3D Animation is best suited to explain concepts that are difficult
Planning with Expert Witnesses:
to visualize outside the scope of the everyday experience of the
It is essential to plan early with your expert witnesses regarding
jurors. A simple example of a poor use of 3D are the numerous TV
the use, and purpose of the animation that will support their
commercials showing toothpaste being squeezed from a tube.
testimony. Once the experts have been determined, all materials
This action is something we all do several times a day, and hardly
in support of their testimony should be collected for a first
something that is difficult to visualize, even in simple words. It
meeting with your animation firm. Those materials may include,
is no more compelling than viewing toothpaste squeezed from
but are not limited to:
a tube on video tape, and adds no more comprehension of the
process to the viewer.
1) Photo’s and video (crime scene, accident, site walkthroughs, etc.)
2) Blueprints
Admissibility of 3D Animation 3) Topographic maps
in the Courtroom: 4 Bore sample cross sections
5) As built drawings
Concerns about admissibility are diminishing; 3D animation
6) Police Reports
is rarely a concern and is treated like any other demonstrative 7) Depositions
exhibit, if it is created properly by an experienced trial consulting 8) Accident reconstruction plots etc.
firm. It is critical that it not be misrepresented as foundation. As
long as the requestor understands that the animation firm’s role Depending on the nature of your case, the animator will need
is to accurately represent the technical data provided by the all relevant data to produce a fair and accurate representation
expert witness, the animation will be considered by the courts of the expert’s data. Collecting this material before the first
as any other piece of demonstrative evidence. If called to testify,

www.scenesystems.com
 S C E N E S Y S T E M S W H I T E PA P E R
meeting will save time and billing for your client. Some experts
will expect that every detail of their analysis be represented in
the animation. But that would constitute a simulation, not an
animation. (Simulations are created using the actual equations
of motion that the expert used in his or her analysis. That included
friction, drag, interference and collision detection, mass, center
of gravity, wind, etc., etc...) This would result in an exhibit that
would be much more difficult to defend, and could be fairly
easily undermined. An animation illustrating the key points of
the expert’s argument, clearly showing visually what his rigorous
data proves, is far easier to be admitted, and defended.
Storyboard Generation:
A storyboard is a visual vignette of
your final work product. It will be
the “blueprint” the animator uses
to create every scene in your video.
It must be closely checked for
accuracy, before final approval. Each
frame of the storyboard must be
scrutinized for form, color, camera
angles, motion and interaction to
ensure that the final video product
will closely support the expert’s testimony. The importance of
this process cannot be over stressed. In order to control costs,
a detailed storyboard will keep the project from being an open
ended billing process, resulting in cost over runs.
Scene Generation:
Every object in a scene of an animation is constructed by hand,
or by using commercially available 3D models. All elements in
the scene are created similar to CAD (Computer-Aided Design)
models. All objects are fully modeled in 3 dimensions, so that
they can be viewed from any angle, and can interact as they
would in the physical world. (A static exhibit is drawn from a
single perspective. To view another angle requires re-drawing
the object. This is not the case with a CAD model.) Anatomical
and automobile models are generally purchased commercially.
Due to the organic nature of human anatomy, it is more cost-
effective (and accurate) to purchase models digitized from
actual organs, rather than build them from scratch. Similarly,
digitized automobiles are often used to ensure correct visibility
constraints. They are the same cars seen in TV commercials;
digitized from the actual full scale automobile. This ensures
correct body lines, windshield opening, hood and pillar line
of sight obstructions, etc., to accurately show what the driver
could, and could not see, during an accident.
| JU NE 2009
Static and Motion Tests:
After the required models are purchased or built by hand, static
images of all elements should be carefully checked for form,
proportions, surface qualities, etc... Any discrepancy should be
identified before any motion tests begin. If errors are found late
in the animation process, it may require substantial re-work to
re-create all the scenes with a corrected model.
Once the elements are arranged in a digital scene, the objects
can be put in motion to test their interactions. As the individual
scenes are built; they should be reviewed individually for timing,
speed, correct interaction, lighting and
camera motion. Once each scene has
been finalized, it can be integrated into
the final presentation.
Final Production:
Once all the models and motion are
approved as per the storyboard, the
individual scenes will be edited together
to include transitions, titles, labels,
arrows, etc., before being transferred to
a DVD for playback.
Tips to Create a Successful Animation:
The single most important factor that will contribute to the
successful creation of your animation demonstrative is to plan
early; at least 4-6 weeks before the exchange date (if applicable)
to allow for a detailed storyboard, and adequate time to generate
the thousands of images that will comprise your exhibit. This
applies to a fairly basic animation, and large projects may require
considerably more lead time, a good portion of which will be
spent on the storyboard. If you are trying a large case, and
expect 15-20+ minutes of animation to explain your position, it
can take weeks to generate a final storyboard, and weeks more
(sometimes months) to then create the final product. Few cases
require more than 5-7 minutes of final footage; 2-3 for some
basic cases. If properly planned, five minutes of a well thought
out video can present an enormous number of concepts, and
data, that the jury will readily comprehend.
Explain to your experts how the animation is going to support
their testimony. It should not reflect every number in their
analysis, or be used as foundation in your case. A Simulation
(using actual physics equations using friction, wind, drag,
gravity, etc.) could be created at great cost. But it would be
subject to strict scrutiny, if presented as foundation.
www.scenesystems.com
 S C E N E S Y S T E M S W H I T E PA P E R | JU NE 2009

A demonstrative (i.e., a fair and accurate representation of the photos, documents, and video into your presentation. It’s more
key points of the expert’s testimony), is far easier to admit, and cost effective to use existing conventional resources, than to
carries just as much weight, as long as create an entire presentation in 3D.
the expert states that it fairly represents It will also keep the audience more
his analysis. It should illustrate the difficult engaged, and create a more balanced
concepts of the expert’s testimony that the presentation.
lay jury would probably not understand, if all
they were presented with was the expert’s
numerical data. For long presentations,
combine 3D and 2D animation, scanned

Summary:
In summary, use animation when it’s not cost effective to create the demonstrative in any other way. Use the visual power of animation
to convey technical concepts to a non-technical audience in a clear visually appealing manner. Exploit the ability to move the camera
through a scene to any location, and represent objects that may be too large, too small, obsolete, or non-intuitive to the jury.

Use animation to show a sequence of events over time, and take advantage of the ability to compress or stretch time as needed, to
keep the jury focused on the point you want to make. Always allow more lead time to plan animation than would be needed for a series
of static exhibits. Spending the needed time on a detailed storyboard will always pay off in the final deliverable, in presentation quality,
comprehension and cost.

Avoid trying to include too many aspects of your case in the animation. It’s tempting to want to “throw the kitchen sink” into the
production, and show the jury as many concepts of your argument as possible. A good test is to ask if a particular portion of the
animation could be shown in clear static exhibits. If a photograph if the failed part is sufficient, use it. It is necessary to show every step
in the manufacture of an object, or only the step where the design flaw is machined? Does the jury benefit from seeing all the internal
organs of a human body, when just the heart is the focus of your argument? These types of questions will result in a more concise, clear
presentation at reduced cost.

Some predict that in the near future, no self respecting attorney will appear at trial without 3D animation. It may well become the
“PowerPoint” of the future, but that doesn’t preclude the likelihood of simply having lots of bad animation entered into evidence. For
animation to be effective, it must be carefully planned, and executed by an experienced courtroom animation provider. Their ability to
comprehend, and communicate effectively with technical experts in the language they are familiar with, and distill their complex data into
a clearly understood moving image that the lay jury will grasp immediately cannot be over stressed. Because we learn most effectively
with visual input, a well-designed and executed animation will be retained by the jury above all else, and something they will rely heavily
on in the deliberation phase of the case.

Written by Barbara Cronan, Managing Director and Brad Kolacinski, Graphics Consultant, of Scene Systems Inc. Barbara is based out
of Scene Systems’ New York office and Brad is based out of the Los Angeles office.

For more information about Scene Systems, please contact getintouch@scenesystems.com or visit www.scenesystems.com.

New York Los Angeles London Cambridge, UK

1120 Avenue of the Americas
Suite 4046
New York NY 10036
t: 1-212-626-6779
e: ny@scenesystems.com
1500 Rosecrans Ave., 175-185 Gray’s Inn Road 9a Church Lane
Suite 500 London, WC1X 8UE Cambridge, CB21 5EP
Manhattan Beach CA 90266 United Kingdom United Kingdom
t: 1-310-706-4122 t: +44 (0)1223 471222 t: +44 (0)1223 471222
e: la@scenesystems.com e: london@scenesystems.com p: cambridge@scenesystems.com

www.scenesystems.com