Show and Tell:Using Demonstrative Exhibits in Opening

Dan ReillyJason Lynch

How to Construct an Opening

On Being a Guide

It’s an elevated status.

What the Jury Wants

· To do its job well.

· The truth about what happened.

· A guide they can rely on.

Striving To Be the Jury’s Guide

· You must earn the position of guide.

· To be a guide, you must be trustworthy.

· To be a trustworthy guide, you must be yourself.

· To be a trustworthy guide, you must alert the jury to danger.

On Being a Guide

A guide teaches:

· About the facts.

· About the law.

· About the process.

On Being a Guide (2)

A guide warns about the dangers:

· of being misled· of being confused· of being angry· of misunderstanding the

law· of forgetting common

sense

On Being a Guide (3)

· A guide does not preach.

· A guide does not withhold critical information.

· A guide uses emotion judiciously.

Guide/Advocate – A Dual Role

· Acknowledge the tension between the two roles.

· Tell the jurors they’ll see you in the advocate role during the trial.

· You’ll be a guide again at closing.

Images imprint information into memory

Most people prefer visual learning.

61.0%

20.5%18.5%

Source: Animators at Law Survey (2007) (available at www.animators.com/images/Effective _Demonstratives.pdf)

“Post-trial interviews with jurors consistently show that they identify and relate to people who help them understand facts and issues.”

Ronald J. Rychlak, Real and Demonstrative Evidence § 1-2 at 4

8 Parts to an Opening Statement

1. The Takeaway

2. Identify the Issues

3. Setting the Scene

4. Describing What Happened

5. The Basis for Liability

6. Damages

7. Debunking Your Opponent’s Case

8. Conclusion

Kantra Tells Allegiant to Exit the NPS Trusts

Kantra Tells Allegiant to Exit the NPS Trusts

Kantra Tells Allegiant to Exit the NPS Trusts

Working With Demonstratives in the

Courtroom

Explain, Show, Explain

· Introduce the demonstrative before revealing it.

· Explain what it will show before revealing it.

· Show the demonstrative – and pause.

· Use it, and explain again what it shows.

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