Demonstrative evidence

Demonstrative evidence is evidence in the form of a representation of an object. This is, as opposed to, real evidence, testimony, or other forms of evidence used at trial.

Examples of demonstrative evidence include photos, x-rays, videotapes, movies, sound recordings, diagrams, forensic animation, maps, drawings, graphs, animation, simulations, and models. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. See Federal Rules of Evidence 901, 902, and 1001-1004 for an example from United States law.

Other examples of demonstrative evidence include case specific medical exhibits, colorized diagnostic films, general anatomy and surgery exhibits. These forms of demonstrative evidence are commonly used as a personal injury lawyer resource. Demonstrative evidence with dramatic impact can maximize the value of a case by effectively depicting catastrophic/traumatic injuries, complex surgical procedures, surgical mistakes or summarize injuries suffered by an individual. These examples of demonstrative evidence are used for settlement conferences, arbitration, mediation, medical expert depositions and trial presentations.

Before photographs and other demonstrative evidence, lawyers relied on purely testimonial or substantive evidence. Melvin Belli and Earl Rogers helped change that by introducing more demonstrative evidence. Scientific evidence emerged in the 1960s.

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