Chapter 1 - § 1.12 • PRACTICAL CONSIDERATIONS WHEN USING

• Jurisdiction: Colorado

§ 1.12 • PRACTICAL CONSIDERATIONS WHEN USING EXHIBITS

The manner in which exhibits and other visual aids are used during a trial can be as important as their content. The most important consideration is that the jury is able to see the visual aid and discern the necessary information from it. Depending on the information you are seeking to convey, and the format in which the information is maintained, a number of important practical issues should be considered as you determine your trial presentation.

§ 1.12.1—Courtroom Dynamics

It is important to familiarize yourself with the layout of the courtroom prior to the day of trial. To aid in your preparation of trial exhibits, be sure to view the courtroom as early before trial as possible. (Will blow-ups be needed? How many? How can exhibits be shown to the jury? Will the jury be able to see or hear a video exhibit?) You should attempt, if at all possible, to spend some time in the courtroom as you begin preparing for trial. Each courtroom, with its particular layout, will lend itself to the employment of certain types and quantities of exhibits. You should also familiarize yourself with the courtroom's resources so you are not scrambling to take care of logistics on the first morning of trial. If you know you will need electrical outlets, make sure they are available where you will be able to use them. If you want to place something on a table in front of the jury, make sure there is an appropriate table in place.

Practice Pointer
Both judges and juries dislike when a trial is delayed due to attorney incompetence. A little investment of time can go a long way in ensuring the smooth presentation of evidence at trial.

§ 1.12.2—Displaying Exhibits to the Jury

There are an ever-increasing number of ways to present evidence to a jury, from the use of foam-core blow-ups to an electronic camera displaying the exhibits on a television screen or projector, such as the Elmo Visual Presenter; relatively simple computer programs, such as Microsoft's PowerPoint or Trialpad; and more sophisticated computer programs, such as Trial Director and Sanction. There is no magic system — what might be right for one case would be wrong for another.

A number of considerations may bear on how you choose to present exhibits. First, consider your budget. The more sophisticated trial presentation systems can be very costly. It does not make sense to use one of these systems on a case that does not have much at stake. Second, consider...