What is Demonstrative Evidence? Evidence other than testimony that is presented during the course of a civil or criminal trial. Demonstrative evidence includes actual evidence (e.g., a set of bloody gloves from a murder scene) and illustrative evidence (e.g., photographs and charts).

Many trial attorneys view the presentation of evidence to the jury as analogous to the presentation of information by a teacher to students. As in the classroom, the involvement of more than one of a juror's senses in the courtroom increases the amount of information retained by that juror. For example, combining verbal testimony from witnesses with before and after X rays, or introducing a defective machine part that jurors can hold in their hands for inspection, makes for compelling courtroom or arbitration hearing activity. In a modern, "show-me" society, the ability of a trial lawyer or an subject expert to use demonstrative evidence effectively can make the difference between winning and losing a case/arbitration.

Graphs and charts, such as Gantt Charts, are perhaps the most useful forms of demonstrative evidence. These tools can vividly illustrate a schule impact and delay. Graphs and charts can be presented to a jury in a variety of ways. In addition to offering the standard large prepared poster board on an easel, some attorneys prefer to create charts as they speak to the jury, using large blank pieces of poster board and colored marker pens. Other attorneys like the dramatic effect of dimming the courtroom lights and using an overhead projector or computer screen to focus visual attention on their illuminated charts and graphs. Whatever the style of presentation, well-constructed charts and graphs that make good use of color and are clear and easy to understand are appreciated by jurors or arbitrators and can have a big effect during deliberations.

Computers and computer-generated displays are at the cutting edge of demonstrative evidence. Computer-enhanced graphics can demonstrate almost anything. With the use of modern document management systems, evidence can be available at the touch of a computer key and revisited quickly at appropriate times throughout a proceeding.

No matter the technology, demonstrative evidence must still conform to standard evidentiary rules. The trial court or arbitrator may disallow any item of demonstrative evidence that is inaccurate or incomplete. Courts can also strike evidence if it is unnecessarily cumulative: for example, 30 photographs of one subject that can be seen clearly in one or two photographs constitute evidence that is unnecessarily cumulative.

An attorney must keep in mind that demonstrative evidence is not real evidence: it merely illustrates the points being argued to the jury, court or arbitrator. Computer-generated animation may only portray evidence that has been properly presented to the jury through testimony or as physical evidence. A chart or graph may only present numbers, amounts or schedules that have been properly prepared and proved. No matter how exciting the "show," the attorney must remember that items of demonstrative evidence are merely props, and that the witnesses and their testimony are still the primary method of presenting evidence to a jury.

Vision Consultants has many years of experience and feedback from evidence prepared to prepare your required demonstrative evidence.