Do I Need a Demonstrative Evidence Expert to Illustrate My Testimony? / by Jeff Drake

The article Expert Witness Trial Tactics: The Power of Visual Aids, by Dani Alexis Ryskamp, J.D. explores the advantages and practicalities for attorneys and expert witnesses to consider in utilizing visual aids during expert testimony. Highly skilled, experienced expert witnesses are well qualified to teach the judge and jury about the subject on which they are offering opinions, and they can greatly enhance their presentations by utilizing visual aids but producing quality visual exhibits may well be outside of their area of expertise.

What is a Demonstrative Evidence Expert’s expertise?

The demonstrative evidence expert’s education and background are usually based in the visual arts or design fields. Skills include graphic design, architectural/engineering drawing, 3D computer modeling, animation, and scene reconstruction. Much as technical experts provide lists of certifications and publications to qualify them as experts in their field, the demonstrative evidence expert has a portfolio of work that shows their approach and experience in the visual design of trial exhibits.

Working with Technical Experts

The demonstrative evidence expert typically works closely with attorneys and technical experts to conceptualize and produce the visual evidence that best explains and presents the circumstances, facts, and complexities of each case. An experienced demonstrative evidence expert will have worked with a variety of technical experts during their career and be facile with the process of translating technical subjects into visual presentations geared toward a non-technical viewer.

Orienting Viewers to the Scene or Subject of Litigation

The purpose of the visual story is to orient your audience; judge, jury, or mediator to the physical configuration of the matter being litigated whether it is a fire loss, construction accident, vehicular accident, structural failure, or even a slip and fall. It is greatly helpful if the context of the incident is presented with visuals that show rather than tell. The extent to how many images are required to provide the complete story can be wide-ranging and depends entirely on the complexity of the story. The more complex the story, the more valuable visual storytelling will be to prevent viewers from becoming lost or confused during the expert witness’ testimony.

The Design Process

The demonstrative evidence expert works with all available case information. Investigator’s photos of the post-incident condition, security camera video, site notes and measurements, engineering drawings, deposition testimony, exemplar testing, and on-site inspections are synthesized into compelling visual exhibits. The demonstrative evidence expert takes direction from the technical expert and provides preliminary design drafts to the expert and attorney as the presentation is developed. A typical presentation begins with an overall view to orient viewers and then zooms in to illustrate the specifics of the case. For example, in a product liability case the product is shown within the context of the incident and views progress to show the specific issues with the product, sometimes to the extent of incorporating microscopic images showing the root of a material failure. Terminology and labeling are added to the graphics to highlight specific items of significance.

Placing the Evidence in the Context of the Case

One of the key functions of a solid demonstrative visual presentation is the incorporation of case evidence. Documents, photos, diagrams, test results, video, etc. in evidence are incorporated into the presentation to clarify the context of the evidence thus reinforcing its significance to the expert witnesses’ opinion.

Visuals Enhance Expert Testimony

The testimony of the expert witness is often the key persuasive element of an attorney’s case. A professional visual presentation is one way to make sure the viewers understand the information provided by the expert but goes further to provide clear, compelling graphics that reinforce the expert's message.