California Civil Jury Instructions (CACI) (2017)

5020. Demonstrative Evidence

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5020.Demonstrative Evidence
During the trial, materials have been shown to you to [help explain
testimony or other evidence in the case/[specify other purpose]]. [Some of
these materials have been admitted into evidence, and you will be able
to review them during your deliberations.
Other materials have also been shown to you during the trial, but they
have not been admitted into evidence.] You will not be able to review
them during your deliberations because they are not themselves
evidence or proof of any facts. You may, however, consider the
testimony given in connection with those materials.
New December 2011; Revised June 2012
Directions for Use
This instruction may be given if the jury has been provided with charts, summaries,
or other demonstrative evidence during the trial to assist in understanding complex
evidence. The purpose of the instruction is to explain to the jury why certain
materials are available for deliberations and other materials are not. Include the
bracketed sentences if some materials have been admitted into evidence.
Secondary Sources
7 Witkin, California Procedure (5th ed. 2008) Trial, § 161
Cotchett, California Courtroom Evidence, Ch. 2, Words and Phrased Defined,
§ 2.09 (Matthew Bender)
Cotchett, California Courtroom Evidence, Ch. 27, Demonstrative and Experimental
Evidence, § 27.01 (Matthew Bender)
Johnson, California Trial Guide, Unit 65, Presentation of Demonstrative Evidence,
§§ 65.01, 65.10 (Matthew Bender)
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure,
Ch. 11, Questioning Witnesses and Objections, 11.109 et seq.
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) § 7.34A (Cal CJER
2010)
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