For example, is the witness an expert? Was the witness at the scene? Did the witness create the exhibit? Have a witness testify concerning his or her relation to exhibit.Mark the chart, diagram, graph or map for identification.
#Witness sketch trial how to#
How to Lay a Foundation For a Chart, Diagram, etc. Label each piece of demonstrative evidence with a brief description that is not argumentative so the jurors will understand how it relates to your presentation of the case. Use different colored pensfor witnesses or separate clear plastic overlays for each witness. If a chart or visual aid contains too much material, it will confuse the jury and they will ignore it. If you want to use a diagram later in argument or have the jury consider it during deliberations, do not allow it to be so excessively marked that no one can understand the points to which the witnesses were referring and conflicts in testimony are emphasized. When the witness refers to a diagram, make sure the record is clear as to where the witness is pointing, or ask the witness to use a marker to identify specific locations.ĭo not put too much information on a single exhibit or chart. Do not use a blackboard or whiteboard unless you are prepared to make a copy for the record. Tips For Creating and Using Charts, Diagrams, etc.Ī diagram or map should be in a form that can be used by the jury and the court of appeal.
Later the map or diagram is an effective aid in closing argument to remind the jury of the testimony. The demonstration breaks the monotony of the witness’s testimony and allows the witness to repeat essential evidence in a way jurors can visualize. When you ask a witness to step to a map or diagram to show the jury how an event occurred, you signal the jury that these details are important. A physician might use a diagram or model to explain medical testimony. A layperson may use or draw a map to describe where an incident occurred.
For example, a surveyor may use a map to demonstrate where boundaries begin and end as an aid to expert testimony. Lawyers commonly use charts, diagrams, sketches, graphs, and maps to explain, simplify, or supplement oral testimony at trial.
Excerpted from California Objections: Civil and Criminal