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ARTICLE · 28 MARCH 2022

Using Demonstrative Exhibits As Admissible Evidence Under California Law

Proskauer Rose LLP
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During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present...

United StatesLitigation, Mediation & Arbitration

During trial, lawyers make many strategic decisions to try to appeal to a jury. For example, they consider not only the substance of the evidence they present, but also the emotional impact of that evidence. But the impact of a witness' testimony can be blunted if your jury is not following the testimony, so the use of demonstrative exhibits can be a useful tool to ensure the jury remains focused on the testimony.

Demonstrative exhibits can be powerful ways to present evidence to a jury. Multimedia presentations are more likely to keep a juror's interest, so mixing up your evidentiary presentations is a good idea in general. Additionally, some jurors may be better visual learners than audio learners, which means that some people may not absorb oral testimony as well as others. Visual learners, who learn best by reading or seeing images and diagrams, will be better served by visual representations of testimony.

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