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.
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Frequently Asked Questions
What is demonstrative evidence?
Charts, diagrams, and other visual materials can serve different purposes. Distinguish an illustrative aid used to explain evidence from an exhibit offered as evidence. The chosen template does not determine that status; confirm the intended use and labeling requirements before preparing it.
What are FRE 1006 summary exhibits?
Federal Rule 1006 addresses summaries used to prove the content of voluminous admissible material. Its conditions include access to the underlying originals or duplicates. An illustrative aid is addressed separately by Rule 107. A Summary Exhibit stamp does not make a chart satisfy either rule.
Do I need to disclose demonstrative exhibits before trial?
Check the case order, applicable rules, and any specific ruling about visual aids or summaries. Record when and how the material must be shared. Do not assume a label such as Demonstrative avoids a disclosure obligation.
Can opposing counsel object to my demonstrative exhibits?
Yes. Accuracy, misleading presentation, or the proposed use may be disputed. Keep the supporting sources and explain how the visual was prepared. If a problem is identified, correct the content or address the court’s direction; changing its label alone does not fix the issue.
How should I label demonstrative exhibits?
Use the wording required for its intended use. ExhibitPrep offers specialized presets, including demonstrative and illustrative-aid wording. Check that the label matches the court’s direction and is readable without covering the visual. Keep an unstamped source copy for corrections.
Can the jury take demonstrative exhibits into deliberations?
Under Federal Rule 107, illustrative aids generally do not go to deliberations unless the parties consent or the court finds good cause. Admitted evidence and Rule 1006 summaries raise different questions. Confirm the ruling for the particular item rather than relying on its stamp.
Check the applicable rules
These references cover specific rules and jurisdictions. Check your court’s current local rules and case orders before filing.
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