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Continued... Page 3 > Story Boards Storyboards have the unique capability of recreating the events at issue in a way that shows the jurors why a client should win a case. The storyboard draws upon the testimony of plaintiffs, eye witnesses and expert witnesses alike to show what happened, any physical impact, the actual mechanics of the injury and how it could have been prevented by defendant's exercise of due care. Done effectively, a modest number of storyboards tell the jury all they need to know in order to reach their decision. Through storyboards, the lawyer can isolate and visualize the factual pivot points on which a case turns. The actual seeing of an event on a storyboard is more credible and interesting to the jury than a mere verbal description of the event through trial testimony alone. The use of storyboards, when combined with effective language that triggers the jurors' five senses, becomes a powerful tool for the effective communication with a jury. In a personal injury case, jurors can literally step into the experience of the plaintiff as though they were there. Archetypal fears such as being burned, falling, and dying, are all brought into focus. This establishes rapport between the jury and the plaintiff, anchoring the facts of the case deep within the jurors' consciousness. Their use also allows the jury to step into the accident and experience for themselves the sights, sounds, and feelings as described the plaintiff, witnesses and experts. Evidentiary Questions - Laying the Foundation for Admission of Storyboards Most state courts welcome the use of demonstrative evidence of all kinds, assuming that the lawyer has done the necessary homework and laid a sufficient foundation. All demonstrative evidence must be shown to be "fair and accurate" prior to admission. Given proper foundation, storyboards are admissible just like every other type of courtroom visual aid. Systematic pretrial preparation increases the chance of success. It is absolutely essential that the lawyer provide the storyboard artist with all of the depositions of witnesses with any information about the event or fact that you are trying to illustrate in the storyboard. Too often, the lawyer merely summarizes things in a letter to the artist, which may or may not contain everything. If the artist takes the time to go through all of the relevant depositions, there can be no allegation that the lawyer "spoon fed selected materials to the artist." By reviewing the depositions, the artist can say that he or she has taken all relevant evidence into account. |
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