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Demonstrative Evidence: 1006 vs. 611

In a recent Fourth Circuit opinion, the court explains the difference between two types of demonstrative evidence rules - 1006 and 611(a).





The court explains that rule 1006 is used as a "surrogate" for voluminous records that are otherwise admissible in court. Rule 611(a) is used to help facilitate and assist the jury with evidence that is already admitted (e.g., charts and graphs).

Even though the court held that the government improperly introduced the charts using 1006, the court held that the charts could have been admitted under 611(a), therefore, no reversible error.


For an explanation on the difference between demonstrative evidence and substantive evidence click here and here.

And here is a chart I created that can be used as a guide when it comes to demonstrative evidence:



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