EFFECTIVE USE OF DEMOSTRATIVE EVIDENCE AT TRIAL Robert W. Kerpsack, Esq. ROBERT W. KERPSACK CO., L.P.A. 21 East State Street, Suite 300 Columbus, OH Telephone: (614) Facsimile: (614)

PRE-TRIAL PREPARATION

DEVELOP THEMES EXAMPLES: a. AGGRAVATION OF PRE-EXISTING INJURIES b. DEFENDANT TAKES PLAINTIFF AS FINDS HER c. FULL, FAIR AND JUST COMPENSATION d. CLAIM IS LIKE A BUSINESS DEBT e. DAVID V. GOLIATH

THEMES MUST BE SIMPLE “SOUND BITES”

ILLUSTRATE/REINFORCE THEMES WITH DEMONSTRATIVE EVIDENCE

DEMOSTRATIVE EVIDENCE ORGANIZES/SIMPLIFIES YOUR CASE

VOIR DIRE MINIMAL USE OF DEMONSTRATIVE EVIDENCE APPEAR SPONTANEOUS: USE FLIP CHART, INSTEAD OF TRIAL BOARDS

VOIR DIRE MODERATE DISCUSSION AMOUNG JURORS BY ASKING OPEN-ENDED QUESTIONS: 1. HOW DO YOU “FEEL” ABOUT...? 2. WHO FEELS THE SAME/DIFFERENT AS JUROR NO. 1?... WHY? a. DON’T ASK “WHO AGREES/DISAGREES?” RECORD “SOUND-BITES” OF DEVELOPING THEMES ON FLIP CHART

OPENING STATEMENT USE SERIES OF TRIAL BOARDS INSTEAD OF WRITTEN NOTES YOUR OPENING STATEMENT IS PRESENTED BY REVIEWING (NOT READING) YOUR TRIAL BOARDS WITH THE JURY

TRIAL BOARDS SHOULD ANSWER THE FOLLOWING QUESTIONS: 1.THE PLAINTIFF WILL PROVE THE EVIDENCE WILL SHOW WHAT WILL HAPPEN (DURING TRIAL)?

TRIAL BOARD SUMMARIZING INJURIES (USE MEDICAL TERMS) 1.“ACUTE” INJURIES 2.AGGRAVATION OF PRE-EXISTING INJURIES

TRIAL BOARD(S) SUMMARING MEDICAL EXPENSES/LOST EARNINGS

TRIAL BOARD SUMMARIZING COMPENSATORY DAMAGES

TRIAL BOARD(S) WITH PHOTOGRAPHS, RECORDS, X-RAY’S, ETC.

ANATOMICAL MODELS: INJURIES CAN BE “TOUCHED”

MEDICAL ILLUSTRATIONS 1.USE WHEN PHOTOGRAPHS OF INJURIES ARE TOO GRAPHIC 2.USE TO SIMPLIFY “COMPLEX” INJURIES

VISUAL PRESENTER/ POWERPOINT RESENTATION 1.EVIDENCE ON SCREEN APPEARS “LARGER THAN LIFE” 2.BE CAREFUL NOT TO LOOK TOO “SLICK”

PRESENTATION OF EVIDENCE LAY WITNESSES: RECORD “SOUND-BITES” OF TESTIMONY ON FLIP CHART

EXPERT WITNESSES HAVE THEM “TEACH” THE JURY DEMONSTRATIVE EVIDENCE IMPROVES COMMUNICATION HAVE EXPERT USE A LASER POINTER IF TRIAL JUDGE DOES NOT PERMIT EXPERT TO LEAVE WITNESS STAND

HAVE EXPERT “AUTHENTICATE” DEMONSTRATIVE EVIDENCE: a. ARE YOU FAMILIAR WITH...? b. IS (DEMONSTRATIVE EVIDENCE) FAIR AND ACCURATE REPRESENTATION OF...? c. WILL (DEMONSTRATIVE EVIDENCE) ASSIST YOU IN EXPLAINING YOUR OPINIONS TO THE JURY?

OBJECTION: NOT THE “BEST EVIDENCE” RESPONSE: NOT BEING OFFERED AS AN ACTUAL DEPICTION OF THE CONDITION BEING ILLUSTRATED

PREPARE SUMMARY OF EXPERT OPINIONS HAVE EXPERT “AUTHENTICATE” AS FAIR AND ACCURATE SUMMARY OF HIS/HER OPINIONS

MOVE TO HAVE SUMMARIES ADMITTED INTO EVIDENCE SEE EVID. R DO THE JURORS’ WORK FOR THEM

CLOSING ARGUMENT BE ENTERTAINING AND DRAMATIC USING DEMONSTRATIVE EVIDENCE TRIAL BOARD(S) WITH TRANSCRIPTS OF IMPORTANT TESTIMONY TRIAL BOARD(S) SUMMARIZING EVIDENCE DURING TRIAL

CLOSING ARGUMENT TRIAL BOARD OF SPECIAL JURY INSTRUCTIONS: EXAMPLE: (“DEFENDANT TAKES PLAINTIFF AS HE/SHE FINDS HIM/HER”)

CLOSING ARGUMENT TRIAL BOARD OF SPECIAL JURY INTERROGATORIES: TAKE THE JURORS THROUGH DELIBERATIONS STEP BY STEP FILL IN THE BLANKS OF THE JURY INTERROGATORIES

CLOSING ARGUMENT USE PER DIEM ARGUMENTS FOR FUTURE DAMAGES SUGGEST REASONABLE “FORMULA” FOR NON-ECONOMIC DAMAGES