CACI 5020 Demonstrative Evidence

California Civil Jury Instructions CACI

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.

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 § 7.30 (Cal CJER 2019)