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demonstrative evidence

Not every visual aid shown in a case is the original proof of what happened. A chart, timeline, model, animation, or marked-up photograph may be used to explain testimony or organize other evidence, even when it is not the underlying document, object, or record itself. That is demonstrative evidence: material created or arranged to help a judge, jury, or hearing officer understand facts that are being proved through other evidence.

Its value is practical. In an injury case, a body diagram can show where burns spread, a plant-floor sketch can show where a worker slipped, and a timeline can make treatment history easier to follow. In a truck-crash case on Delmarva roads, a scale diagram may help explain vehicle positions better than words alone. Good demonstrative evidence can make technical details clearer without changing the actual facts.

That also means it can be challenged. If a graphic is misleading, not supported by the record, or more dramatic than accurate, the other side may object based on foundation, relevance, or unfair prejudice. In Delaware, these issues can arise in court and in workers' compensation hearings before the Delaware Industrial Accident Board in Wilmington. Demonstrative evidence usually works best when it closely matches the testimony, medical records, photos, or other admissible evidence already in the case.

by Maria Santiago on 2026-03-24

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