The requirement to make the underlying records available at a reasonable time and place has been satisfied when the prosecution produced the records just three days before trial. Moreover, to have the demonstrative aid admitted into evidence, the lawyer must be able to satisfy the test for admissibility, which includes a competent witness with personal knowledge except experts, relevant information, and a proper foundation for the exhibit’s admissibility. Demonstrative evidence is used to explain, illustrate or clarify a witness’ testimony and to provide the jury with a greater understanding of the facts at issue in a pending trial. Demonstrative Evidence (1) Definition. It's admissible when it fairly and accurately reflects the witness's testimony and is more probative than prejudicial. It must be helpful to the factfinder and have a tendency to “make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Fed. materials are available for deliberations and other materials are not. 3d 53, 61 (3rd Dist. at 845. v. Michael Werdiger, Inc., 2007 U.S. App. Also attendant to opinion summaries are Rules 701, and 702, governing the admission of opinion testimony for lay witnesses and experts, respectively. The admissibility of demonstrative evidence rests within the sound discretion of the trial judge. This includes evidence which is admitted into evidence and thus becomes part of the record and material which does not go out with the jury To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. The foundational requirements for admissibility of demonstrative evidence are different from those requirements for substantive evidence. v. Michael Werdiger, Inc., 2007 U.S. App. Demonstrative evidence often serves as the simplifier in those situations. R. Evid. Demonstrative evidence must be relevant under Rules 401 and 402. United States v. Isaacs, 593 F.3d 517, 527-28 (7th Cir. Part 1 of the Day in the Life Video Admissibility Series. Ultimately, though, the sound discretion of the trial judge will determine the admissibility of demonstrative evidence. Recognizing the potential danger of a jury confusing the animation with reality and the challenge in limiting those impressions, the Tenth Circuit warned that courts should “carefully and meticulously examine proposed animation evidence” to ensure that it is truly relevant and not unduly prejudicial. 2013 U.S. Dist. It is well settled that demonstrative evidence is admissible for the purpose of illustrating and clarifying a witness’s testimony. The calculations went beyond the data they summarized and included several assumptions, inferences, and projections about future events, which represent Mr. Crowley's opinion, rather than the underlying information. 2013). 2011) (“Rule 1006 provides that only the underlying documents, not the summaries themselves, must be produced to the opposing party.”). Demonstrative evidence is a very powerful trial tool especially in cases that would be complicated for jurors without the assistance of such evidence. The admissibility of the evidence will reflect the type of evidence it is: (1) demonstrative evidence or (2) substantive or real evidence. Demonstrative evidence can be real or substantive evidence or simply a visual aid used to illustrate a concept. Those exhibited to the Court or observed by it during the trial1. It is this flexibility that makes them powerful tools of persuasion. LEXIS 20475, *5 (2d Cir. Infra at 986. III. A summary of the plaintiff’s damages was admitted in State Office Systems, Inc. v. Olivetti Corp. of America, 762 F.2d 843 (10th Cir. Pac. Even where only portions of the underlying source material constitute improper hearsay, those defects may be imputed to the summary exhibit as a whole. Maintenance Associates, Inc. v. 510 Fifth Ave. LLC, 18 A.D.3d 333, 795 N.Y.S.2d 535 (1st Dept. The state has the burden of proving guilt beyond a reasonable doubt, while the defendant may present evidence to challenge the state’s case. As cases become increasingly complicated for a jury, or even the Court to follow, it is necessary to find ways to simplify the issues. 1996); Robinson v. Mo. See id. CACI 101 sets out the admonition regarding opening statement: Courts, however, treat expertise in the creation of an exhibit differently than expert testimony depicted in an exhibit: Furthermore, the fact that the summary was created using a computer program does not automatically transform the evidence into "expert" testimony. Demonstrative evidence may be properly excluded if it is offered solely to elicit a dramatic effect or to arouse feelings of sympathy or antipathy. Judges and counsel must be vigilant in vetting that which is substituted to ensure that the demonstrative is not used as a means to introduce otherwise inadmissible material. Summary exhibits under Rule 1006 can be substituted for actual evidence “to prove the content of voluminous writings … that cannot be conveniently examined in court.” Fed. (“The obligation of establishing the applicability of a hearsay exception for [summarized] records falls upon the government as the proponent of the evidence.”). Computer Technology in Civil Litigation, 71 Am. Generally, the exhibit should be introduced through “the witness who supervised its preparation.” United States v. Bray, 139 F.3d 1104, 1110 (6th Cir. Demonstrative evidence is “representative” or “illustrative” evidence that serves as an aid to the comprehension of facts and testimony (e.g., by way of diagrams, maps, or charts), but which otherwise has no probative value in itself. The probative value must outweigh the prejudicial effect and the likelihood of causing injury, confusion or undue delay. Despite the fact that an aid may be relevant, to have it admitted into evidence requires an additional showing that the evidence … Id. Physical representations of numerical values should have relative proportions that are commensurate with those values. Demonstrative exhibits, which are the creation of the parties, must be carefully crafted and carefully revi… at 403. For evidence to be admitted at court, it must be: 1. R. Co., 17 F.3d 1083, 1087 (10th Cir. Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury —to establish or … By the same token, the use of demonstrative exhibits to show a change in the value of money over a period of greater than one year should reflect realities of inflation. Like all other evidence, demonstrative evidence must also satisfy the threshold mandates of Rules 401 – 403, must avoid improper hearsay or satisfy an exception, must be properly authenticated, must be based on personal knowledge of the testifying witness, and must pass the criteria in Rules 701 or 702, to the extent it includes opinion testimony. See Needham, 639 F. 2d at 403 (“Before a summary is admitted, the proponent must lay a proper foundation as to the admissibility of the material that is summarized and show that the summary is accurate.”); see also Rule 602. I. The purpose of the evidence, rather than its form, distinguishes demonstrative evidence from other types of evidence. In United States v. Chhibber, 741 F.3d 852 (7th Cir. See, e.g., Peat, Inc. v. Vanguard Research, Inc., 378 F.3d 1154 (11th Cir. Gold, 31 Federal Practice and Procedure § 8045, at 549 (2000)). Demonstrative evidence is generally admissible if it is shown to be relevant, if it will assist a witness in explaining his or her testimony, and if its probative value outweighs its prejudicial effect. Hansen v. Coca-Cola Bottling Co. of New York, Inc., 78 A.D.2d at 848, 432 N.Y.S.2d at 723; see also, Johnson v. Michelin Tire Corp., 110 A.D.2d at 824, 488 N.Y.S.2d at 78. Aside from withstanding the probative balancing test germane to the admissibility of all evidence, computer generated evidence must surpass other considerations: Computer generated evidence must be disclosed to opposing counsel in enough time to allow for cross-examination; Computer generated experimental evidence is admissible with a proper, expert based, foundation. It is well settled that demonstrative evidence makes a presentation more memorable to the jury. 3d at 62. 2008). Similarly, another “representative” summary chart was properly admitted where “it simply catalogued instances of objective characteristics and added those instances together to create totals.” White, 737 F.3d at 1136. Courts have also equated a case’s complexity with volume: “The complexity and length of the case as well as the number of witnesses and exhibits is also considered in determining whether summary evidence is appropriate.” Tsoa, 2013 U.S. Dist. admissibility of demonstrative evidence. Ultimately, the decision regarding the admission or exclusion of demonstrative evidence is left to the discretion of the trial court. Demonstrative evidence explains or illustrates the already admitted substantive evidence in a case. In People v. White, the Court held that the introduction of tissue from the remains of a rape victim’s aborted fetus was not reversible error, despite the gruesome nature of the remains, as the DNA evidence contained in the remains was relevant and not offered to inflame the passions of the jury. The purpose of the summary exhibit, of course, is to more persuasively present the evidence of the case. Demonstrative exhibits that summarize underlying objective facts are rarely excluded based on fairness concerns. Even if the calculations are mistaken, the chart is itself admissible, since admissible evidence may be unpersuasive and a defendant has the opportunity to rebut it.”) (internal citations omitted). or other demonstrative evidence during the trial to assist in understanding complex. 2014), the district court’s admission of four summary charts of defendant’s medical records was affirmed: “[T]he charts accurately portrayed the data culled from his records, and were not misrepresented to the jury as anything other than what they actually were.” Id. The power of demonstrative evidence to persuade underscores the critical importance that the demonstrative exhibit to fairly and accurately depict the underlying information. If mathematical or scientific principles are used they must be valid and applicable to the facts of the case; The software program and the hardware must be authenticated; and. The foundational requirements focus on whether the demonstrative evidence can accurately and helpfully explain the other related evidence… The primary component of admissibility of evidence, in general, is relevance. Admissibility of evidence doesn’t mean the evidence must necessarily make a fact unprovable—but it needs to support its likelihood or unlikelihood. Rule 701. 2009). Courts have also held that it is not improper to admit demonstrative evidence because it is gruesome or because it may influence emotions provided there is a good and just reason for the use. Furthermore, merely proffering a Rule 902(11) certificate is not sufficient to gain admission of a summary exhibit; rather the certificate must be entered into evidence along with the summary. The use of multiple dimensions and vanishing point perspectives, by nature, distort numerical information. Federal Rules of Evidence 611 and 1006 are the only rules specifically targeting the admission of demonstrative exhibits. Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. Evidence is deemed to be relevant if it has a tendency to prove or disprove the existence of any material fact making the determination of the action more probable or less probable than it would be without the evidence. Object as evidence. 2002), the prosecution introduced a summary exhibit in a mortgage fraud trial that listed allegedly undisclosed debts, but without any evidence of the defendant’s obligation to disclose the full amounts of those debts. In order for computer generated evidence to be admitted, it must be directly related to the testimony of the witness that it is meant to clarify. Invoking the business records exception obligates the proponent to lay a proper foundation, not just for the summary exhibit itself, but also for the underlying records. See Wright & Gold, 31 Federal Practice and Procedure § 8043, at 527. 37, 50 (4th Cir. Must establish that evidence is: • Relevant • Authenticated • And where appropriate, an adequate foundation was laid for admissibility. Expert opinion testimony requires a qualified witness under Rule 702. By comparison, opinion and assumption testimony related to future profit projections was properly held to be admissible when the testifying witness had supervised preparation of the summary and was qualified as an expert to testify to the projections. Prior Results do not guarantee similar results. The admissibility of demonstrative evidence is something that is hotly debated within the judicial system. Demonstrative exhibits, which are the creation of the parties, must be carefully crafted and carefully reviewed to ensure a fair presentation of the evidence. Substantive evidence is generally admissible if it tends to make a fact of consequence more or less probable. The purpose of the instruction is to explain to the jury why certain. They are the “sensual evidence” and are grouped into: A.
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