Tuesday, June 12, 2007

Demonstrative Evidence in Construction Disputes

Construction disputes are resolved more easily by using visual aids because demonstrative evidence helps everyone see the issues. For example, the dates of events are often critical, so one of the most effective tools an attorney can use is a timeline that illustrates the important events. (Richard Flake, “Mediating Construction Disputes,” American Arbitration Association, May-Jul 2003.)

Demonstrative evidence is any display that is principally used to illustrate or explain other admissible evidence (testimony, document, or real) or judicially noticed fact. (Brain, Robert D., Broderick, Daniel J., "The Derivative Relevance of Demonstrative Evidence: Charting its Proper Evidentiary Status." UC Davis Law Review, Vol. 25, p. 957; 1992.) It could be presented in timelines, charts, graphs, photos, slide shows, animations, scale models, or any number of formats.

expert imageThe testimony of an expert witness is greatly enhanced by visual aids. A blowup of a blueprint, a callout from a document, or a cutaway of a product will help the hearer to better understand the tes­timony. Also testimony is more memor­able when it is both heard and seen—retention increases 400% when information is presented in an Audio Visual format. (National Training Laboratories, 1998, Online.) If a specialist is employed to run the AV equipment, it is important for the expert to rehearse his testimony with the specialist, so that the presentation is free of technical glitches. (Robert F. Cushman, Esq., John D. Carter, Paul J. Gorman, Douglas F. Coppi, Construction Disputes: Representing the Contractor. Aspen Publishers, 2001; p. 466.)

The careful use of demonstrative evidence enables “the trial attorney to shape the form in which the evidence is presented as well as the se­quence of the documents, which may be important to an understanding of the problem in the minds of the jury.” (Thomas J. Kelleher, Brian G. Corgan, William E. Dorris. Construction Disputes: Practice Guide with Forms. Aspen Publishers, 2002; pp. 840 – 841.)

Demonstrative evidence that is shown to be relevant, material, and competent, may be admitted into the record, at the courts discretion. This ensures that the jury will have full access to the exhibit during deliberation and that the exhibit will be considered in the event of an appeal. So, whenever applicable, provide letter-sized copies of the demonstrative evidence for the court’s convenience.

Resolving construction disputes is facilitated by demonstrative evidence because much of the information is better presented and understood in visual form.

1 comment:

Anonymous said...

Good games to a nail, lost a(wow gold) war.(wow gold) In a particular press to see(wow power leveling) such a foreign minyan: In order to (wow gold)receive a nail, we have lost a mati Tie In order to(wow power leveling) get a piece of mati Tie, we have lost a Pi Junma In order to get(wow gold) a Pijun ma, we (wow power leveling)have lost a(wow gold) jockey; To be a jockey, we lost a war victory. This is the first (Rolex)under general minyan at(World of Warcraft gold) first glance, but careful consideration, you(wow power leveling) will find that it contains a layer of the important essence of life: learn to give up, have a maturity. To a mati Tie and eventually lead to (wow gold)lose a war, this is not know how early to give up the consequences. Wise said: two disadvantages of the value comes light, the right to( World of Warcraft gold)choose the two-phase benefit. a folder to be the tail of the gecko already know how to give up the tail, the preservation of(wow power leveling) life, let alone we are full of (power leveling)the wisdom of mankind? ! in everyone's life, always (powerleveling)have in the face of choice, a choice, there is bound to give up, we have to learn is to( power leveling)pay a painful price, to give up local interests and preserve the overall interests. In chess, there are not "abandoning single-car" this trick? as the saying goes: not old, not new. sometimes, even (power leveling)the most precious things to know in good time to give up. when you( powerleveling)graduated from junior high school, in the face of a sincere friendship, you(powerleveling )will Yiyibushe. But think back, and only bid farewell to middle school, high school usher in a(rs gold )new life, can meet new friends. The recent shift is not on this? Finally, a celebrity's life motto In( gold wow)conclusion: Life is like theater, everyone is their own lives in the only director. Only Institute of choice, people will know how to give up the Chewu life, Xiaokan life, the life Habitat has Seasky.