How Demonstrative Evidence Can Change Your Trial

As the expert witness begins to explain about the C2-C3 and L4-L5 location on the spine, the attorney watches the jury nod off because they have no idea what he/she is talking about. Jurors are easily bored or confused by numerous dates or facts in a particular case. We are an age of interactive technology, HD television, and streaming media. Everything is at our fingertips. It has been proven that jurors retain 20% of oral evidence versus 80% when oral testimony is accompanied by demonstrative evidence. This is a key point, especially when a trial is set to last a week or longer. You want to be sure that jurors will remember important facts from your case during deliberations.

When it comes time to think about your demonstratives, you will want to determine what you need to highlight in your graphics. If a demonstrative is poorly designed, it could do more damage to your case and leave a negative impression. It is important to consider what type of demonstrative will best work for you and your case. It is very rare to have a case where demonstratives cannot be used. Below are commonly used demonstratives that can take your case to the next level.

• Medical or Technical Illustrations
• Photographs or X-Rays
• Timelines
• Models
• Video Site Inspection
• PowerPoint Presentations
• 2D-3D Animation
• Day-in-the-Life Video Documentaries

Enlargements that you display in front of the jury are effective for important records because they are kept on display throughout the testimony and therefore embedded into the juror’s memory. When thinking about trial board enlargements, you should never exceed life-size as there may be an objection for being overly prejudicial and, therefore, inadmissible.

Ultimately it is important to communicate the injury your client has suffered. As the voice of your client, it is your responsibility to tell the store to support your client’s claim. If you are an attorney who is knowledgeable in the use of demonstratives in your case, imagine the advantage you would have over your opponent.