Kyle Teal, an attorney in Gunster's business litigation practice, recently co-wrote a primer on the use of demonstrative evidence at trial, which was published in the December issue of the Florida Bar Journal. Ervin A. Gonzalez, a litigator with Colson Hicks Eidson in Coral Gables, is the co-author of the article. 
According to the article, litigators often depend on demonstrative evidence and exhibits to help make a persuasive argument, and to help increase understanding and retention levels of juries. However, it is often the case that too little time and effort is spent on the creation of such demonstrative evidence, Teal says – especially when, to be effective, demonstrative evidence requires meticulous preparation. Complicating matters are a host of admissibility considerations, such as whether the visual aids are relevant, accurate, and not misleading. The selection of medium will also prompt particular analyses. Notably, Tyle says in the article, demonstrative aids (unlike "real evidence") are not allowed in the jury room during deliberations. Thus, distinguishing between aids and evidence is critical. The article includes useful information for Florida litigators including:
- The risks associated with motions in limine that are barely concealed motions for summary judgment
- Statutory reasons to exclude relevant evidence
- Doctrine of substantial similarity
- Expert testimony and exhibits
- Objections
Read the entire article now: No ideas but in things: A practitioner's look at demonstrative evidence (Florida Bar Journal, December 2015 issue) Kyle Teal works out of Gunster's Miami office and he focuses his law practice on property rights litigation, including the representation of owners and businesses in eminent domain, inverse condemnation, regulatory takings and Bert J. Harris claims. He also assists clients in commercial and insurance litigation, as well as land use, development and acquisition matters. Image courtesy of Stuart Miles via FreeDigitalPhotos.net
