Using demonstrative exhibits at trial can sometimes be problematic. They can generate objections from opposing counsel. Those objections may be that either they contain hearsay, there is a lack of foundation, they do not comport with the evidence or a host of other objections. Assuming you can overcome those objections, they can be very effective.
Demonstrative Trial Exhibits-Dealing with Objections
If an exhibit is admitted simply as a demonstrative exhibit then keep in mind it is not coming in as substantive evidence. That is, the jury cannot consider it as being substantive proof of what it may say or contain. The jury can simply consider it as a demonstration.
These types of exhibits can come in a number of forms. In terms of proving damages, you may want to use a scale. On one side, you list all of the plaintiff’s injuries. On the other side you simply state that there is no contrary evidence from the defendant.
Another alternative is to list the plaintiff’s injuries. On the other side state what you say the plaintiff’s verdict should be.
Highlighting medical records can be very effective. This is especially effective if a defendant has said one thing, but that is directly contradicted by what is in their own medical records. In that instance you may want to have the medical record highlighted. On the other side of your exhibit, set forth the testimony.
Demonstrative Trial Exhibits-Excerpts of Testimony
Excerpts of deposition testimony can likewise be used for purposes of contrast. You may contrast the deposition testimony with what is in the medical records. You may contrast it with what the other party has said during trial for purposes of a closing argument. If you do that, you need to be sensitive to the Rule of Completeness.
What that rule says is that if you take some testimony out of context, the other side may be entitled to put it into proper context. That is, they may at least be entitled to put it into what they say is the proper context.
Charts or Summaries
There are a host of other types of demonstrative exhibits that may be used. One of the more effective ones I think is a summary. Under Rule 2:1006, summaries or charts may be admissible. The requirements are that they indeed be a summary or a chart and that the underlying information from which the chart is derived is admissible.
A good place to find a variety of different types of images that might be used as demonstrative exhibits is from Google Images, 123RF.com, Pexels.com and Unsplash.com.
Call, or contact us for a free consult. Also for more info on demonstrative trial exhibits see the Wikipedia pages. Also see the post on this site dealing with damage issues.
