Navigating Maritime Evidence: The Power and Practice of Using Demonstrative Aids in Litigation
DOUGLAS J. SHOEMAKER, KEITH B. LETOURNEAU, AND HOLLI B. PACKER
DOUGLAS J. SHOEMAKER PARTNER
KEITH B. LETOURNEAU PARTNER
HOLLI B. PACKER ASSOCIATE
Navigating the complexities of maritime litigation presents unique challenges distinct from other areas of law. The cases are often steeped in technical detail, involving complex vessel operations, intricate navigation principles, and highly specialized equipment. For judges and juries— many of whom may have little or no maritime experience— grasping the nuances of such cases can be a daunting task. This is where demonstrative aids help to transform dense, technical evidence into clear, compelling presentations that illuminate the facts and arguments at the heart of a dispute. Drawing on recent developments in the Federal Rules of Evidence and illustrative case law, demonstrative aids can be the difference between confusion and clarity, disengagement and persuasion, and, ultimately, between losing and winning a case.
Legal Framework: Federal Rules of Evidence and Demonstrative Aids The use of demonstrative aids is governed by the Federal Rules of Evidence(“ FRE”), local court rules, and case law. Two rules are particularly central: FRE 107 and FRE 1006.
FRE 107: Illustrative Aids
Enacted on December 1, 2024, FRE 107 clarifies the distinction between demonstrative aids( also called illustrative aids) and demonstrative evidence. Demonstrative aids are not evidence; they are presentations designed to help the trier of fact understand the evidence or argument.
FRE 107 establishes a balancing test: a demonstrative aid may be used if its utility in assisting comprehension is not substantially outweighed by the danger of unfair prejudice, confusion, misleading the jury, undue delay, or wasting time. The rule also provides guidance on discovery, notice, instruction, and preservation of demonstrative aids, and restricts their use during jury deliberations unless all parties consent or the court orders otherwise.
FRE 1006: Summaries to Prove Materials
FRE 1006, recently amended, governs the use of summaries, charts, or calculations to prove the content of voluminous admissible writings, recordings, or photographs that cannot be conveniently examined in court. Such summaries are admissible as evidence, provided the underlying materials are admissible and available to the other parties. Importantly, if a summary functions only as an illustrative aid, it falls under FRE 107, not FRE 1006.
Other Relevant Rules
• FRE 401 & 402: Define and govern the admissibility of relevant evidence.
• FRE 403: Allows exclusion of relevant evidence if its probative value is substantially outweighed by risks such as unfair prejudice or confusion.
• FRE 611: Grants courts control over the mode and order of presenting evidence.
• FRE 901 & 902: Address authentication and identification of evidence.
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