Real and Demonstrative Evidence Away from Trial
21 Pages Posted: 3 Jun 2013 Last revised: 4 Jun 2013
Date Written: 1993
Real and demonstrative evidence are nothing more than forms of visual aids that help lawyers (and witnesses) better explain complex matters. To be an effective trial attorney, you must give the judge and jurors the equipment they need to understand your presentation. When you do, they will better relate to your argument and be more likely to render a favorable result. While all attorneys tend to think of exhibits and various forms of real or demonstrative evidence as for use during trial, a number of ways exist for such evidence to come into play before the trial itself.
By integrating demonstrative evidence into the pretrial phases of litigation, you can affect the parties’ perceptions as to the merits of the case and greatly enhance the likelihood of a favorable settlement. Additionally, use of the exhibit during discovery and motion practice can greatly enhance its value at trial. There are important times and places to use real and demonstrative evidence away from the trial.
Keywords: Real evidence, demonstrative evidence, pre-trial, models, graphs, photos, videotapes, settlement negotiations, discovery, motions, witness preparation, appeal, post-judgment
JEL Classification: K1, K41
Suggested Citation: Suggested Citation