"Immunize" Your Demonstratives Before Using Them

You don't want to slow down a trial by being met with objections to your demonstrative exhibits.  Here is how to "immunize" your demonstrative exhibits before using them in direct examination:

• Disclose your demonstratives to opposing counsel before trial;
• If you are met with objections, file a motion in limine seeking the introduction of the exhibit you want to use;
• If you do not want to give your opponent advance notice or do not have your exhibit ready before trial, maintain the goal of disclosing the exhibit at some point before its use during direct examination, outside the hearing of the jury.

Such "immunization" of demonstrative exhibits will insure that you can keep the trial moving without sidebars or breaks requiring the jury to leave the courtroom.

Source: "Add Dynamics to Direct Examinations," by Thomas J. Vesper (Trial 9/03)

Related post: "Use Demonstrative Exhibits in Opening Statements."