Demonstrative Evidence

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Demonstrative evidence can be objects, pictures, models, displays, or other devices used in a trial or hearing to support facts that the party is trying to prove. The Federal Rules of Evidence serve as a potential limit to the admissibility of demonstrative evidence, although its broad language would likely allow most forms of relevant demonstrative evidence to be admitted (see Rule 402). For example: papers in evidence, and admitted to be in the handwriting of a certain person, may be compared by the jury with a paper in dispute, to determine whether the latter is in the handwriting of the same person (see Stokes v. U.S.);  in actions for personal injuries, autoptic preference is always proper unless reasons of policy apply to exclude it (see Rich v. Ellerman & Bucknall S.S. Co.); when age of person before triers of fact is in issue, triers of fact may draw inference as to person's age from his physical appearance (see U.S. ex rel Fong On v. Day); and introduction of tire and rim in a wrongful death action against a tire manufacturer for a defective tire design (see Walker v. Firestone Tire Rubber Co.). 

[Last updated in December of 2020 by the Wex Definitions Team]