Learning About Demonstrative Evidence and Exhibits

7th June, 2007

by Stephen Acker

Although theoretically an expert could prepare a chart or demonstrative exhibit for use at trial after the deposition, by asking whether the expert has any charts or exhibits he or she intends to use as an aid to presenting expert opinions at trial, two benefits are obtained.  If the materials have already been prepared, they should be presented at the deposition.  If they have not been prepared, a basis for objection will have been created which may aid counsel at time of trial in obtaining time to preview the exhibit, perhaps prepare something in response, or even argue that it should be excluded as not having been disclosed during the deposition.

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