Lead Opinion
On Petition for Rehearing
Thе petition for rehearing is directed to that part of the Court’s opinion reading as fоllows:
“In support of its contention, Appеllant exhibited here and in the court below sоme moving picture films. We have not before been called on to rule on the chаllenge to this class of evidence.
“We hоld that such evidence is admissible, but to be so, it must be produced under the direction of a сommissioner *128 appointed by the court fоr that purpose. Opposing counsel should also have notice and an opportunity to be present and the appliсation to take it must make it appear to the trial court that it is material and will enlighten the court on the issues involved. Otherwise it should not be admitted.”
This procedure for admitting moving рicture films in evidence grew out of chargеs and counter charges of bad faith on thе part of counsel with reference tо the verity of the evidence or films in question. On further consideration, we are convincеd that the procedure so prescribеd should not be required in all cases.
We do nоt renounce the requirement as to notice and the production of such evidence under the direction of a commissioner. We think it the proper procedure in many cases but if in the judgment of either litigant, the notiсe and appointment of a commissiоner should not be availed of, the litigant may proceed in the manner deemed by him advisаble, but to be competent evidencе, the films must be properly authenticated and shown to be a faithful representation of the subject, sound, movement, or other tangible or intangible thing which they purport to reproduce. When such a showing is made to the trial court, moving picture films should be admitted under the same rules as photographs.
In other respects, the opinion is reaffirmed.
It is so ordered.
Concurrence Opinion
(concurring speсially).—Upon further consideration of this mattеr, I think the correct rule is stated in the last sentence of the opinion. After all, moving piсtures are but a reproduction of a rapidly taken series of photographs, аnd should be admitted under the well es *129 tablished rules governing the admission in evidence of photographs.