Personal Injury Law

Use of Demonstrative Aids At Trial-Revisted

By John A. Day

Did you know that there was a statute that permits you to use demonstrative aids during closing argument (and probably during opening statement as well)?  Here is a  statute for your trial notebook.

T.C.A. Sec. 20-9-303 permits a lawyer "to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with his argument to the jury for the purpose of illustrating his contentions with respect to the issues which are to be decided by the jury...." The statute prohibits a lawyer from making an argument "in writing" that could not properly be made orally.

I believe that Powerpoint constitutes  a "similar device" in the 21st century.  Therefore, if you get an objection like "she can't use that Powerpoint presentation - its not in evidence" your argument is "I am permitted to illustrate my contentions under Sec. 20-9-303."

Full post as published by Day on Torts on March 24, 2008 (boomark / email).