Chapter 17 - § 17.10 USE OF AND DEMONSTRATIVE EVIDENCE

• Jurisdiction: Colorado

§ 17.10 USE OF EXHIBITS AND DEMONSTRATIVE EVIDENCE

Colorado

➢ Demonstrative Aids May Take Many Forms. "Demonstrative aids should be encouraged since they give the jury and the court a clear comprehension of the physical facts, certainly much clearer than one would be able to describe in words." Intermill v. Heumesser, 391 P.2d 684, 686 (Colo. 1964). Whether illustrations, diagrams, maps, props, animations, models or mock-ups, demonstrative aids serve to "illustrate admitted evidence and thus to render it more comprehensible to the trier of fact." 2 George E. Dix et al., McCormick on Evidence § 214 (Kenneth S. Broun ed., 6th ed. 2006) (McCormick).

➢ Demonstratives Defined. A demonstrative aid may be used so long as it (1) is authentic under CRE 901, (2) is relevant under CRE 401, (3) is a "fair and accurate representation of the evidence to which it relates," and (4) has a probative value that is not substantially outweighed by the danger of unfair prejudice under CRE 403. People v. Cauley, 32 P.3d 602, 607 (Colo. App. 2001).
➢ Use of Chart Summarizing Evidence Appropriate Demonstrative Aid in Closing. A chart entitled "Things Mahoney Knew" and "Things Mahoney did NOT Know" was an appropriate demonstrative aid that could be used during closing arguments to summarize the evidence received at trial. Murray v. Just in Case Bus. Lighthouse, LLC, 374 P.3d 443, 458 (Colo. 2016).

➢ In General, an Exhibit Admitted into Evidence May Be Used in

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