subject: Considerations for Designing Demonstrative Evidence for Use during Trial Testimony [print this page] Considerations for Designing Demonstrative Evidence for Use during Trial Testimony
Consider and prepare for how best to describe your opinions to a layman on the jury during your testimony. Conjuring up visual designs and exhibits, usually called "demonstrative exhibits," is your job. These exhibits can take different forms and the choice is up to you primarily, although you should listen closely to your lawyer about their effectiveness with the jury. The jurors may use these exhibits in the jury room during their deliberations, so design your exhibits with this in mind. They should be easy to understand, and should convey the precise message you want jurors to know. Correlating a single exhibit with a single opinion is an excellent strategy. Some ideas for exhibits might be:
A colorful graph to represent boring and extensive data. Use this strategy to summarize a large quantity of data in an easily digestible way. Each graphical summary must be completely accurate. If the graph that you create is new and creative, and meant to be symbolic of a portion of the data, show it to the attorney and others on the team. Ask them if is clear and accurately depicts the data.
* A video of a laboratory model or reconstruction of an event. By showing the court a video of your model or reconstruction, you can better control the conditions, avoiding possible equipment problems in the courtroom.
* Blowups of photographs, maps, or medical films such as x-rays. These are completely factual, well received, and can guide the jury engagingly to the precise visual nature or location of the facts you want to discuss. You can also use an exhibit to highlight a small portion of numeric or textual data from other evidence that has been introduced in printed form.
* Whiteboards, blackboards, or overhead transparencies are low-tech devices on which you can write to make points during a standup presentation.
Your attorneys will probably hire a professional to prepare the exhibits, based on your designs. To be sure they are ready for trial, design the exhibits far enough in advance to review them to ensure they have been created correctly and according to your instructions. Test them to determine if they are readable, pleasing or even exciting to use, and quickly and easily understandable. Additionally, they must be shown to opposing counsel well before the trial.
If time is limited, or if you are not confident that your lawyer has personnel to prepare your exhibits, then you should hire your own graphic consultant to prepare the exhibits for you. Remember that the exhibit has to be designed to demonstrate your data, metaphor, or other data. Verify that the final exhibits are accurate and that they are similar to the precise subjects they represent in the litigation
Regardless of who prepares the exhibits, they are yours as long as you oversaw or directed their preparation. Your lawyer is ultimately responsible to ensure that they are admissible to the court as evidence. Your attorney should know the legalities, such as obtaining a stipulation from the opposing counsel or a court order approving them for use during the trial.
Work with the lawyer. Between you, make sure that your demonstrative exhibits meet this criterion.
Review any exhibit concepts with your attorney in advance, before money has been spent, to make sure that each exhibit contains the proper foundation for your use during testimony.
