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EFFECTIVE USE OF DEMOSTRATIVE EVIDENCE AT TRIAL

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. PRE-TRIAL PREPARATION. DEVELOP THEMES . EXAMPLES:

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EFFECTIVE USE OF DEMOSTRATIVE EVIDENCE AT TRIAL

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  1. 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

  2. PRE-TRIAL PREPARATION

  3. 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

  4. THEMES MUST BE SIMPLE “SOUND BITES”

  5. ILLUSTRATE/REINFORCE THEMES WITH DEMONSTRATIVE EVIDENCE

  6. DEMOSTRATIVE EVIDENCE ORGANIZES/SIMPLIFIES YOUR CASE

  7. VOIR DIRE MINIMAL USE OF DEMONSTRATIVE EVIDENCE APPEAR SPONTANEOUS: USE FLIP CHART, INSTEAD OF TRIAL BOARDS

  8. 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

  9. 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

  10. TRIAL BOARDS SHOULD ANSWER THE FOLLOWING QUESTIONS: 1. THE PLAINTIFF WILL PROVE . . . 2. THE EVIDENCE WILL SHOW . . . 3. WHAT WILL HAPPEN (DURING TRIAL)?

  11. TRIAL BOARD SUMMARIZING INJURIES (USE MEDICAL TERMS) 1. “ACUTE” INJURIES 2. AGGRAVATION OF PRE-EXISTING INJURIES

  12. TRIAL BOARD(S) SUMMARING MEDICAL EXPENSES/LOST EARNINGS

  13. TRIAL BOARD SUMMARIZING COMPENSATORY DAMAGES

  14. TRIAL BOARD(S) WITH PHOTOGRAPHS, RECORDS, X-RAY’S, ETC.

  15. ANATOMICAL MODELS: INJURIES CAN BE “TOUCHED”

  16. MEDICAL ILLUSTRATIONS 1. USE WHEN PHOTOGRAPHS OF INJURIES ARE TOO GRAPHIC 2. USE TO SIMPLIFY “COMPLEX” INJURIES

  17. VISUAL PRESENTER/POWERPOINT RESENTATION 1. EVIDENCE ON SCREEN APPEARS “LARGER THAN LIFE” 2. BE CAREFUL NOT TO LOOK TOO “SLICK”

  18. PRESENTATION OF EVIDENCE LAY WITNESSES: RECORD “SOUND-BITES” OF TESTIMONY ON FLIP CHART

  19. 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

  20. 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?

  21. OBJECTION: NOT THE “BEST EVIDENCE” RESPONSE: NOT BEING OFFERED AS AN ACTUAL DEPICTION OF THE CONDITION BEING ILLUSTRATED

  22. PREPARE SUMMARY OF EXPERT OPINIONS HAVE EXPERT “AUTHENTICATE” AS FAIR AND ACCURATE SUMMARY OF HIS/HER OPINIONS

  23. MOVE TO HAVE SUMMARIES ADMITTED INTO EVIDENCE SEE EVID. R. 1006 DO THE JURORS’ WORK FOR THEM

  24. CLOSING ARGUMENT BE ENTERTAINING AND DRAMATIC USING DEMONSTRATIVE EVIDENCE TRIAL BOARD(S) WITH TRANSCRIPTS OF IMPORTANT TESTIMONY TRIAL BOARD(S) SUMMARIZING EVIDENCE DURING TRIAL

  25. CLOSING ARGUMENT TRIAL BOARD OF SPECIAL JURY INSTRUCTIONS: EXAMPLE: (“DEFENDANT TAKES PLAINTIFF AS HE/SHE FINDS HIM/HER”)

  26. CLOSING ARGUMENT TRIAL BOARD OF SPECIAL JURY INTERROGATORIES: TAKE THE JURORS THROUGH DELIBERATIONS STEP BY STEP FILL IN THE BLANKS OF THE JURY INTERROGATORIES

  27. CLOSING ARGUMENT USE PER DIEM ARGUMENTS FOR FUTURE DAMAGES SUGGEST REASONABLE “FORMULA” FOR NON-ECONOMIC DAMAGES

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