A new rule, FRE 107, will be added to the Federal Rules of Evidence (FRE) effective December 2024. This rule addresses the distinction between demonstrative evidence and illustrative aids, which has been a frequent issue in legal proceedings.
FRE 107, titled "Illustrative Aids," aims to clarify the use of materials that help the trier of fact understand evidence but are not admitted into evidence themselves. The Advisory Committee initially considered amending FRE 611 but decided on a new rule under Article I (General Provisions) due to its broader applicability outside witness testimony contexts.
The new rule sets standards for admitting illustrative aids and allows their use during jury deliberations with all parties' consent or by court order for good cause. It also mandates that such aids be entered into the record when practicable. Voluminous materials remain governed by FRE 1006.
FRE 107 intends to permit illustrative aids unless their utility is substantially outweighed by risks such as unfair prejudice or misleading the jury, mirroring FRE 403's language. This should provide clarity in an area previously marked by ambiguity.
The text of the new rule is as follows:
Rule 107. Illustrative Aids
(a) Permitted Uses. The court may allow a party to present an illustrative aid to help the trier of fact understand the evidence or argument if the aid’s utility in assisting comprehension is not substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time.
(b) Use in Jury Deliberations. An illustrative aid is not evidence and must not be provided to the jury during deliberations unless:
(1) all parties consent; or
(2) the court, for good cause, orders otherwise.
(c) Record. When practicable, an illustrative aid used at trial must be entered into the record.
(d) Summaries of Voluminous Materials Admitted as Evidence. A summary, chart, or calculation admitted as evidence to prove the content of voluminous admissible evidence is governed by Rule 1006.