effective use of demostrative evidence at trial robert w. kerpsack, esq. robert w. kerpsack co.,...
TRANSCRIPT
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 43215
Telephone: (614) 242-1000
Facsimile: (614) 242-3948
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
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 . . .
2. THE EVIDENCE WILL SHOW . . .
3. WHAT WILL HAPPEN (DURING TRIAL)?
TRIAL BOARD SUMMARIZING INJURIES (USE MEDICAL TERMS)
1.“ACUTE” INJURIES
2.AGGRAVATION OF PRE-EXISTING INJURIES
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”
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
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 JURYINTERROGATORIES