Can the Jury Actually See the Text of Your Document? Make Sure They Can!
Demonstrative exhibits are intended for the jury. Infographics such as timelines and flow charts are intended for juries to better understand the case. But ... IF THE JURY CAN'T READ IT, HOW CAN THEY UNDERSTAND IT? A big issue that many attorney struggle with is limiting the information that they place on a demonstrative. The reality is that:
** a timeline does not need the entire Plaintiff's medical chart.
** the entire statute does not have to be placed on a demonstrative.
** too much information may overwhelm the jury and drown out your message.
** if you are not going to reference it in your argument, don't put it on the exhibit.
Now if you are creating aboard for mediation or a bench trial, placing more information on your demonstrative may be helpful to your case. Below is an example of a large board created for the purposes of mediation. The board included injuries, a medical illustration, photographs, findings and future treatment. The board was approximately 8' x 4'. However, the attorneys, mediator and adjusters were close to the board and available to inspect the information on the board. This board actually facilitated a smoother mediation.
If the case is complex and there is a lot of information that the attorney is not willing to redact, the timeline or infographics and can be broken down into multiple boards. In addition, rather than using a board, the demonstrative can be displayed electronically where you have the ability to zoom into information.
The reality is that you are investing the money to create demonstratives that allow a jury to understand your client's case and point of view. If they cannot read the information on your demonstratives, you are not getting the full return on your investment. If you are headed to mediation or trial, please contact us to discuss how we can help you. We look forward to hearing from you.