Influencing the Jury Using and Objecting to Demonstrative Exhibits

This CLE webinar will instruct counsel in current best practices for using and objecting to demonstrative exhibits in depositions and at trial. The program will review the necessary foundations for allowing both traditional media and technology-created visuals to be sent out with the jury and when they can be substantive evidence. The panel will discuss concerns about proposed changes to Federal Rule of Evidence 611 that could make it more difficult to use demonstrative aids and exhibits.

Lawyers throw away an important opportunity to influence the jury if they do not offer their own demonstrative exhibits and object to misleading or inaccurate exhibits offered by their opponents. Jurors routinely create their own diagrams, charts, lists, etc. to visually organize and understand what they believe they heard and saw in the courtroom.

Creating both an affirmative and defensive "visual strategy" for trial is as important as picking the theme for trial and requires planning and the proper foundation. Demonstrative exhibits are powerful tools that can be inaccurate or misleading--accidentally or intentionally. Too much, and the jury can be overwhelmed.

The issue of misleading and inaccurate demonstrative exhibits and visual aids has fueled proposed amendments to Federal Rule of Evidence 6ll that could curtail their use or at least heighten the hurdles to using them.

Listen as this panel of trial veterans offers counsel a thorough understanding of the use of demonstrative evidence and the necessary evidentiary foundations, outlines how to recognize and object to improper exhibits, and discusses the issues under FRE 611.