delivered the opinion of the court:
This is a medical malpractice case brought by a brain-damaged infant against a hospital and others. As part of plaintiff’s case in chief, her counsel intends to produce a motion picture of plaintiff which would depict a typical day in her life. The purpose of the movie is to give the jury a grasp of the full extent of plaintiff’s disabilities and handicaps.
Defense counsel asked for and obtained from the trial court a protective order giving them advance notice of the filming, the right to be present at the filming, and a copy of the finished film as well as all edited out and unused footage. The appellate court modified the protective order in some respects. 193 Ill. App. 3d 41.
Viewed in its proper light, a so-called “Day in the Life Movie” is merely a type of demonstrative evidence. In such respect, it is comparable to a still photograph, a graph, a chart, a drawing or a model. The preparation of such evidence falls within the work product of the lawyer who is directing and overseeing its preparation.
Demonstrative evidence has no probative value in itself. It serves, rather, as a visual aid to the jury in comprehending the verbal testimony of a witness. (M. Graham, Cleary & Graham’s Handbook of Illinois Evidence §401.2 (5th ed. 1990).) Because a “Day in the Life” film is a form of motion picture it is admissible evidence on the same basis as photographs. (Amstar Corp. v. Aurora Fast Freight (1986), 141 Ill. App. 3d 705.) Consequently, before a “Day in the Life” film can become evidence at trial it must first pass a two-prong test. First, a foundation must be laid, by someone having personal knowledge of the filmed object, that the film is an accurate portrayal of what it purports to show. (People v. Donaldson (1962), 24 Ill. 2d 315, 319.) Second, the film is only admissible if its probative value is not substantially outweighed by the danger of unfair prejudice. Barenbrugge v. Rich (1986), 141 Ill. App. 3d 1046; Georgacopoulos v. University of Chicago Hospitals & Clinics (1987), 152 Ill. App. 3d 596.
Defense counsel argues that since “Day in the Life” films are intended “to demonstrate a parade of horribles,” they should be subjected to more stringent discovery guidelines than other types of evidence, in order to afford all parties a measure of fairness. We disagree. As correctly pointed out by plaintiff’s counsel at oral argument, defense counsel has the right to bring before a trial court anything that is objectionable about the film. Indeed, Illinois courts, including this court, have been willing to exclude motion pictures that are unfairly prejudicial. See, e.g., Amstar Corp. v. Aurora Fast Freight (1986), 141 Ill. App. 3d 705 (videotape taken properly excluded from evidence since it offered vantage point different from that of witness whose testimony was sought to be impeached); French v. City of Springfield (1976), 65 Ill. 2d 74 (error to admit plaintiff’s film of accident scene that is prejudicial where it is inaccurate and tends to support plaintiff’s theory).
We believe that opposing counsel has no right to intrude into the production of this demonstrative evidence. The test of this evidence will occur when and if it is offered into evidence. That is the proper time for the trial court to deal with its admissibility.
Accordingly, we reverse both the trial court and the appellate court as to the appropriateness of the protective order. We affirm the appellate court as to the reversal of the contempt order which was entered against plaintiff’s counsel for refusal to comply with the trial court’s order. The cause is remanded to the circuit court of Cook County for further proceedings consistent with the views expressed herein.
Appellate court affirmed in part and reversed in part; circuit court reversed; cause remanded.
JUSTICE BILANDIC took no part in the consideration or decision of this case.