Demonstrative Evidence

VERIFICATION OF A DIAGRAM

Other Demonstratives

1. Day-in-the-Life Video

2. Photos - for the purpose of portraying a particular situation, explaining certain testimony, or enabling the jury to apply the testimony to the facts of the case

3. Video Animation

4. Experiments / Demonstrations - The videotape of the experiment will assist the jury in understanding the expert witnesses testimony

The Elements of the foundation:

1. The Diagram depicts a certain area or object

2. The witness is familar with that area or object

3. The witness explains the basis for his or her familiarity with the area or object

4. In the witness's opinion, the diagram is an accurate depiction of that area or object

OBJECTIONS

NIGERIAN HOME

1. O.C.G.A. § 24-4-402

2. O.C.G.A. § 24-4-403

3. O.C.G.A. § 24-4-403

4. O.C.G.A. § 24-4-403

5. O.C.G.A. § 24-1-105

1. The evidence is immaterial or irrelevant;

2. The evidence will confuse the jury or mislead the jury;

3. The probative value of the demonstrative exhibit is outweighed by its potential for undue prejudice;

4. The demonstrative exhibit must be excluded because it is cumulative of other evidence.

5. The demonstrative evidence is not to scale

A - While you were in Nigeria, did you provide improvements and rennovations to Plaintiff's home

CL - As I said, I completely rennovated his home

A - I'm showing you what's been marked as Defendants exhibit 1. What is it?

CL - its a diagram of Plaintiff's house in Nigeria

A - Are you familar with Plaintiff's house?

CL - yes

A - how did you become familiar with plaintiff's house

CL - I rennovated this house for nearly two years. I know every inch of it.

A - how accurate of is the diagram

CL - well it looks ok but the rooms do no look to scale

A - other than the scale, how accrute is the diagram

CL - its good. it shows everything roughly in the right place

A - your honor I now offer what has been marked as defendant's number 1 into evidence.

Imwinkelried

Sometimes you may want to use an item that has no connection to the case

The item helps to demonstrate or illustrate oral testimony

O.C.G.A. § 9-10-183

In the trial of any civil action, counsel for either party shall be permitted to use a blackboard and models or similar devices in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the jury, provided that counsel shall not in writing present any argument that could not properly be made orally.

Demonstrative Evidence

IN GENERAL

Black's Law Dictionary:

real evidence that doesn’t depend on a testimony as it can be seen by the jury and the court.

MODELS

Models are becoming increasingly common in courtrooms. The proponent may use a skeletal model or a model of a house or machine

Some judges are more reluctant to permit the use of models. Before resorting to a model, the proponent must affirmatively show that the witness needs the model to adequately explain his or her testimony

MARKING A DIAGRAM

VERIFICATION OF A MODEL

To effectively use a chart, a proponent will sometimes have the witness mark the chart. Further, if a diagram is not marked it may be confusing when reviewing the record.

The Elements of the foundation:

1. The witness needs the visual aid to explain his or her tesimony

2. the aid depicts a certain scene or object

3. the witness is familar with the scene or object

4. the witness explains the basis for his or her familiarity with the scene or object

5. In the witness's opinion, the aid is a "true," "accurate," "good," or "fair" model of the scene or object

A - Defendant you previously stated that you made repairs to the entire house. What were those repairs

Cl - There were so many its hard to describe

A - why?

Cl - Well I completely rennovated the interior and exterior of the home. The difference is night and day

A - How could you explain the detailed repairs more effectively

Cl - It would be much better if I were permitted to use the house models

A - Your honor I have what has been marked as defendant's exhibit number 2 and defendant's 3.

A- Defendant I am now showing you what has been marked as defendant's 2 and 3. What are they

Cl - they are before and after models of the home in Nigeria.

A - how do you know that?

Cl - They were designed based off the pictures and collages I took of the home before and after its rennovations. I supervised the repairs myself.

A - how accruate are these models

Cl - they are very accurate. They show the signifcant changes to the exterior of the house.

A - how helpful would these be to illustrate your testimony about the specific repairs and rennovations you made to the home

Cl - very helpful. I can point out where the exterior changes were made, how the garden area was changes and what structural changes were made.

A- your honor I now offer def's exs. 2 and 3 into evidence as def.'s exs. 2 and 3

A - I now request permission to use the model to illustrate Defendant's testimony

It was "here" and that was "there"

Bedroom

A - Defendant you previously stated that you made repairs to the entire house. Can you please identify where the bed room is

CL - (complies) there

A - can you please take this black pen and mark where the bedroom is

CL - (complies)

A - let the record show that the witness has complied with my instructions. Now what was repaired in the bedroom

CL - well a lot. Firstly there was a hole in the bedroom

A - Can you please ust this blue pen and indicate on teh diagram where in the bedroom the hole was located

CL - (complies)

A - please let the record reflect that the witness has complied with my directions

Add a Legend

Don't mark after entering into evidence