How to Best Use Demonstrative Exhibits During Trial Testimony
How to Best Use Demonstrative Exhibits During Trial Testimony
During a trial, there are various ways to make effective use of demonstrative exhibits. Remember that these kind of exhibits are different from the attachments to your expert report. An exhibit of this nature is by and large much larger so the jurors can easily view it. Think about creating one exhibit for each major opinion that you suggest to the jury. Do not clutter it with excessive graphical or textual or numeric facts. It demonstrates the essence of your opinion in a few seconds -- hence the name 'demonstrative exhibit.'
In a trial, a picture is unquestionably worth a thousand words because so much more rests on your ability to describe the facts. Exhibits of a visual nature become more and more beneficial when the issues and your specialty are more scientific or complicated. Some people learn better from pictures than words or numbers. Deliver expert witness testimony in both visual and verbal ways so the jurors who figure out either way will understand you. Eye-catching, colorful, and easily understood visual aids will complement the greater detail of your text, tables or spreadsheets.
Realize that the jurors may look at your exhibits on their own, well after you have presented them. The meaning of your exhibits should be evident to the jurors when they look back at them. This suggests that you should design your exhibits so that they can be easily looked at afterwards.
You might be tempted to create a flashy, three-dimensional, moving exhibit that reconstructs events for the jurors. Unfortunately, though, you just never know when machinery or materiel in the courtroom may not work. Create your exhibit in advance, make a video copy, and introduce the video as your demonstrative exhibit. The jury can easily review such a video, whereas they would not be able to reconstruct a live demonstration.
Here is your opportunity to be a great teacher. When you present demonstrative exhibits you have an opportunity to be active, frequently to leave the witness box, to have your voice express your enthusiasm, and to be physically more engaging to the jury. Let your enthusiasm and excitement for the subject matter, your exhibits, and your results just spill over from you to the jurors. Don't overact, but realize the opportunity for some acting.
Have your demonstrative exhibits covered until you are ready to use them. If they are visible to the jurors before you are ready to discuss them, they will distract the jurors from your testimony. On the other hand, leave them uncovered after you use them during direct testimony. They will continue to affect the jury by being visible. Also, you will be able to refer to them during cross examination if you wish. A skilled cross examiner will not let you go back to your demonstrative exhibits during his cross examination. It will be to your benefit if you have 'neglected' to cover them up and if he has neglected to remove them from the jury's view.
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