Evidence – demonstrative exhibits

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United States Court of Appeals For the Seventh Circuit

Civil

Evidence – demonstrative exhibits

When an exhibit is demonstrative and is not actually admitted into evidence, it was an abuse of discretion for the district court to send the exhibit to the jury.

“The district court repeatedly made clear to both parties that the exemplar ladder was being offered and used only as a demonstrative exhibit. Even if the defendant might have been able to have the ladder admitted as substantive evidence (a question we do not decide), both parties were entitled to notice of that possibility and the opportunity to raise objections. The decision to allow the ladder to go to the jury room during deliberations after it had been treated during trial as a demonstrative exhibit, and not as evidence, was therefore an abuse of discretion.”

Reversed and Remanded.

12-2019 Baugh v. Cuprum S.A. DE.C.V.

Appeal from the United States District Court for the Northern District of Illinois, Pallmeyer, J., Hamilton, J.