Evidence

In this age of the Internet, iPhones, and other forms of interactive media, our society disburses and digests information on a multi-faceted level - visually, tactically and aurally. It should come as a no surprise, therefore, that "[s]tudies show that when people merely hear information, they recall only about 10 percent of what they heard . . . [while] approximately 85 percent of information is retained by those exposed to the combination of testimony and visual images." The use of demonstrative tools has become mainstream in certain types of jury trials, i.e. personal injury trials, but can also have a huge impact in a non-jury trial, a final evidentiary hearing or even a pre-trial mediation.

Evidence tools can serve a multitude of purposes, including (i) focusing the trier of fact's attention on relevant facts, (ii) highlighting significant portions of a relevant document, such as in a contract dispute, (iii) emphasizing relevant testimony, (iv) comparing facts of controlling law to those of the instant case and (v) creating a complete picture from the evidence presented.

There are numerous types of evidence tools which can be utilized, such as charts, blowups, transparencies, Powerpoint, electronic graphics, electronic simulations, or document projections. There is a whole industry of trial consultants who can develop and assist with the electronic presentation of evidence during a trial.

- Elena Paras Ketchum
  Stichter, Riedel, Blain & Prosser, P.A.

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