Demonstrative Evidence: FAQ Guide
Demonstrative exhibits help explain complex information to judges and juries. This guide covers the rules and best practices for creating and using visual aids, summaries, and illustrative exhibits.
Frequently Asked Questions
What is demonstrative evidence?
Demonstrative evidence illustrates or explains other evidence or testimony. Common examples include charts, diagrams, timelines, maps, photographs, animations, and summary exhibits. Unlike substantive evidence, demonstrative exhibits typically aren't retained by the jury during deliberations unless admitted as evidence.
What are FRE 1006 summary exhibits?
Federal Rule of Evidence 1006 allows summaries, charts, or calculations to prove the content of voluminous writings that cannot be conveniently examined in court. The originals must be made available for examination. These summaries can be admitted as substantive evidence, unlike illustrative demonstratives.
Do I need to disclose demonstrative exhibits before trial?
Disclosure requirements vary. Some courts require pre-trial disclosure of all demonstratives; others only require disclosure of those you intend to admit into evidence. FRE 1006 summaries typically must be disclosed. Check local rules and the pre-trial order for specific requirements.
Can opposing counsel object to my demonstrative exhibits?
Yes. Common objections include: inaccurate or misleading representation, not fairly depicting testimony, prejudicial impact outweighing probative value, or improper attempt to admit as substantive evidence. Prepare to establish foundation showing accuracy and fairness of the demonstrative.
How should I label demonstrative exhibits?
Use clear designations like "Demonstrative Exhibit D-1" or "Illustration 1" to distinguish from substantive exhibits. Some attorneys use color-coded labels. ExhibitPrep offers a Demonstrative Exhibit template specifically for visual aids and illustrative materials.
Can the jury take demonstrative exhibits into deliberations?
Generally, demonstrative exhibits that are merely illustrative (not admitted into evidence) don't go to the jury room. However, if admitted as substantive evidence (like FRE 1006 summaries), they may be available during deliberations. Clarify the status of each demonstrative with the court.
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