Technology in the Courtroom for Expert Witnesses

Attorney Timothy Tomasik of the Clifford Law Offices recently spoke on “How to Use Technology in the Courtroom to Support Your Expert Witness Opinion.”

He stated that for demonstrative evidence to be admissible, it must be a fair and accurate depiction and it is relevant.

The kinds of demonstrative evidence that expert witnesses can and do use include:

  • Photographs
  • Videos
  • Diagrams/models/maps
  • Animations
  • Simulations

Attorney Tomasik concluded:

The evidentiary principles that govern the admissibility of expert opinions and the use of demonstrative evidence at trial are fundamental.  It is mandatory for seasoned trial counsel to spend adequate time educating retained experts of these principles to ensure the effectiveness of their testimony at trial.  A failure to do so can result in otherwise admissible and compelling testimony from being introduced into evidence leading to a potentially adverse result at trial.  Experts who can confidently testify to the foundation requirements of photographs, models, diagrams, artifacts and videos greatly enhance the probability of a favorable verdict.  Equally true, a failure to grasp these fundamental concepts can result in disaster at the time of deposition or trial.  When an expert is firm in their testimony in support of the use of all demonstrative exhibits, they are in control of the critical evidence and visual aids that ultimately support their testimony.

Attorney Tomasik spoke on April 27, 2013 at the SEAK National Expert Witness Conference in Chicago, IL.