Trial Aids in Highway Condemnation Cases

This discussion of the various objects and devices to supplement oral testimony and argument in eminent domain cases, reviews some of the problems of admissibility of evidence and suggests a course based on general rules. In the opening statement, the use of plans, drawings, maps or aerial photographs is almost mandatory for orientation of the court or jury. Jury view of the premises is the best of all trial aids. There are instances, however, when a jury view would not aid the trier of the fact. It is noted that rejected offers of exhibits are much more frequently grounded on the basic principles of competence, materiality and relevance, than on the object form of evidence. The counsel should put an exhibit in proper perspective even though it may be admitted. The use of aids in cross-examination is discussed and comments are made on the closing argument. The preparation and choice of exhibits are discussed. Several techniques are available for the addition of relevant details. These include: plastic overlays, scale models, diagrams, charts, graphs, maps, photography, renderings, and videotape.

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  • Supplemental Notes:
    • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
  • Authors:
    • Johnson, Delbert W
  • Publication Date: 1979-4

Language

  • English

Media Info

  • Media Type: Digital/other
  • Features: References;
  • Pagination: 11p
  • Serial:
  • Publication flags:

    Open Access (libre)

Subject/Index Terms

Filing Info

  • Accession Number: 01684116
  • Record Type: Publication
  • Report/Paper Numbers: NCHRP Project 20-6
  • Files: TRIS, TRB
  • Created Date: Oct 24 2018 2:45PM