The rules of civil procedure, specifically Federal Rule of Evidence 107 and its state law equivalents, sharply limit the use of illustrative legal exhibits in jury rooms. Although they highlight admitted evidence and are based on admitted evidence, legal timelines and other such displays usually aren’t considered “evidence” and therefore “must not be provided to the jury during deliberations.” However, FRE 107 and many state law equivalents contain two key exceptions, which we outline below.
Admitting evidence into the record is an important part of any trial, but that importance can be limited if it isn’t presented to the jury in a way that they understand, like a Case Crafter-generated timeline. Many lawyer-designed courtroom visuals look great to lawyers, but do not effectively sway jurors, who often think differently from lawyers. Case Crafter is the end result of a lengthy collaboration between lawyers and non-lawyers. So, the litigation software produces a robust timeline that can help to overcome the Rule 107 hurdle, yet is easily digestible to jurors.
What Are Illustrative Aids in Trial?
An illustrative aid, previously referred to as a “demonstrative exhibit,” is a tool used by attorneys in trial such as a timeline, diagram, or map designed to aid the jury in understanding the evidence. They are not actual exhibits, since they are not true evidence, but are used in tandem with admitted exhibits to demonstrate a point or simplify complex evidence.
The difference between courtroom visuals and admitted evidence is clear. For example, in a car accident case, admitted evidence usually includes medical bills, eyewitness statements, and official reports. Electronic evidence, such as the information in a vehicle’s Event Data Recorder, is admitted evidence as well. Vehicle EDRs resemble the black box flight data recorders in commercial jets.
Demonstrative exhibits have some probative value but are not direct evidence of a car crash or other personal injury event. Demonstrative exhibits include video accident reenactments, diagrams of the vehicle’s trajectory, and out-of-court experiments.
According to one federal judge, illustrative aids are “pedagogical devices to assist the jury in comprehending the testimony of a witness or other evidence.” In other words, an illustrative aid is an educational or instructional tool which focuses on the learning process, not on evidence of negligence or other pertinent legal issues.
FRE 107 Explained: Understanding the Scope and Intent
The commentary to Rule 107, which sheds light on this rule’s scope and intent, splits evidence into two categories.
The first category includes evidence that is offered to prove a disputed fact. These are the items we typically think of as evidence, such as photographs of the scene or injury, writings, murder weapons and other physical objects, or other items admitted into the record to help prove the facts of the case. These items must pass rigorous evidence standards including hearsay, relevance, and reliability standards.
The second category, the category that Rule 107 was designed to regulate, includes items offered for the sole purpose of helping the jury understand the evidence or testimony. These are referred to as “illustrative aids.” These include items such as drawings, diagrams, video depictions or re-enactments, charts, and graphs.
Under this standard, a litigation software-produced timeline is clearly an illustrative aid. Lawyers and their partners create the timeline during the pretrial process to sway jurors and/or mediators. Lawyers control Case Crafter timelines and emphasize certain points as the trial or settlement negotiation session unfolds.
Why Illustrative Aids Usually Can’t Go to the Jury Room
Rule 107 keeps most illustrative exhibits out of the jury room for good reason. Jurors must decide cases based on evidence presented at trial, not on illustrative tools litigators prepare before trial.
Regardless of whether a Case Crafter legal timeline is allowed in the jury room, the timeline will have already impacted the jurors. Simply put, the timeline sticks with jurors.
A witness’ testimony is a good example. Verbal recall is a right brain function. Visual recall is a left brain function. So, a good case timeline sears key parts of a witness’ testimony into the minds of all jurors, not just some of them.
Many jurors forget brilliant cross-examinations. But if a lawyer uses Case Crafter’s real-time display functions to highlight parts of that brilliant cross-examination, jurors are more likely to remember it.
Exceptions and Gray Areas in Applying FRE 107
FRE 107 and many state law equivalents have two built-in exceptions that allow pedagogical aids to go to the jury room: consent of both parties and court order based on good cause.
The other party’s consent is admittedly hard to obtain, especially when the subject is something as compelling as a Case Crafter timeline. However, the first rule of litigation is you don’t get anything unless you ask.
Many parties consent to the use of illustrative aids if they get something in return, such as the ability to send their own visual aids to the jury room.
A good cause determination is up to the judge’s discretion. Generally, the rather ambiguous standard is defined as “a legally sufficient reason” to grant or deny a request. Parties who use Case Crafter have an especially strong case for inclusion in complex cases, as Case Crafter timelines present the evidence in a clear and easy-to-understand manner that can help a jury understand the evidence.
Best Practices for Using Illustrative Aids Effectively in Court
Even if a judge doesn’t allow demonstrative evidence in the jury room, effective visuals can often make the difference between winning and losing, as long as attorneys honor a few key practices.
Rule number one is clarity. Use visuals to simplify complex information, not overwhelm it. Charts, timelines, diagrams, and demonstratives should focus on one key point at a time, using plain language, readable fonts, and consistent color schemes. Avoid clutter and unnecessary detail that confuses jurors or distracts them from witness testimony.
Integration with oral advocacy is a close second. Pedagogical aids must reinforce key parts of spoken arguments, not replace them. Moreover, instead of just pushing play, attorneys should guide the jury through the illustrative aid, clearly explaining what it shows and why it matters.
For best results, try the Case Crafter timeline on mock jurors and practice using the aids beforehand to ensure seamless transitions and effective pacing.
FAQs About Illustrative Aids and the Rules of Evidence
What are illustrative aids in court?
Charts, graphs, and timelines are the best examples of illustrative aids in court. These visuals highlight key bits of evidence for jurors.
Can demonstrative or illustrative aids be taken into the jury room?
Under FRE 107, an illustrative aid or demonstrative exhibit can be taken into the jury room if both sides agree or the court approves the aid based on a good-cause showing. Other state Rule 107 equivalents may have additional exceptions.
What is the difference between evidence and an illustrative aid?
Evidence includes anything used to prove the truth of the matter asserted, including but not limited to oral testimony, written documents, and multimedia (video, still photos, audio, etc.). An illustrative aid is a trial presentation instrument that helps jurors understand the evidence.
Under FRE 107, when can illustrative exhibits be admitted?
The Court will evaluate the exhibit under Rule 403 to determine its admissibility. If the aid’s utility in assisting comprehension is not substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time, a party will likely be allowed to admit the exhibit in court.
How can attorneys use visual aids effectively without violating FRE 107?
To effectively use visual aids during trial presentation without violating FRE 107, attorneys must show that the demonstrative evidence fairly and accurately represents the evidence and does not mislead the jury. Moreover, attorneys should avoid overly selective editing, misleading graphics, or glaring omissions that distort context.
This article is for informational purposes only. It is not intended to provide legal advice.
