Demonstrative Evidence
A chart, diagram, model, or other visual presentation used to explain a point. Its legal treatment depends on whether it is evidence or only an illustrative aid.
What You Need to Know
In federal court, Rule 107 governs illustrative aids used to help explain evidence or argument. Such an aid is not evidence. A summary admitted under Rule 1006 has a different purpose and different requirements. Confirm which use is intended and obtain the court’s direction before showing or distributing the material.
Put this into practice
Use the step-by-step help to prepare and check your files. Definitions explain the terms; the rules and orders for your matter determine what is required.
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Frequently Asked Questions
What is the difference between demonstrative evidence and trial exhibits?
The intended use matters. An illustrative aid under Federal Rule of Evidence 107 helps explain evidence or argument and is not itself evidence. A chart or summary admitted under another rule may be evidence. Do not infer the status from the word demonstrative or from a stamp.
Do demonstrative exhibits go to the jury room during deliberations?
For an illustrative aid under Federal Rule of Evidence 107, the default is no. The rule permits an exception when all parties consent or the court, for good cause, orders otherwise. An admitted summary under Rule 1006 is different; confirm the court’s directions for the actual item.
Do I need court approval to use demonstrative evidence?
Follow the court’s instructions for disclosure and permission to use the material. Federal Rule of Evidence 107 gives the court authority to permit illustrative aids subject to its standard. Identify the intended use and resolve objections before displaying the aid.
When It's Used
Helps clarify complex testimony or technical concepts
Example
"A timeline chart showing key events in the case, or a diagram of an accident scene."
References to check
Related Terms
Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
Summary Exhibit
A summary, chart, or calculation offered to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court (FRE 1006).
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