B. A NOTE ON PROCEDURE

The immediate effect of the jury viewing a graphic is virtually the same as if it were admitted into evidence, which may inject prejudicial error into the trial if the graphic is later denied admission. To avoid any potential problems, counsel should advise the court and opposing counsel of the intention to use a visual aid, either at a pre-trial conference or during trial outside the presence of the jury. If a surprise at trial is desired, the graphic should be kept away from the jury until a foundation for it is established and the judge either admits the graphic into evidence or grants leave to display it to the jury. ²⁶

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written by Ron Kurzman Litigation Consultant / Partner
	Click for a full biography Ron Kurzman, Esq., is a Member of Magna Legal Services, LLC. He is an expert in assisting counsel in developing trial strategy for large, complex matters, based on behavioral research and jury analysis. As a litigation and trial consultant his activities include the development of trial strategy and tactics, jury selection and voir dire, implementing shadow juries, witness communication training, ordering of evidence, opening /closing statements, development of themes and arguments, demonstrative evidence preparation, and teaching persuasion techniques. He works with members of the trial team to develop themes and case strategies that will be persuasive to juries, judges and arbitration panels. Mr. Kurzman has worked on cases ranging from toxic tort and product liability to intellectual property and contract disputes. He has successfully worked with some of the top law firms in the nation such as; Sheppard, Mullin, Richter & Hampton LLP, Pryor Cashman Sherman & Flynn LLP, DLA Piper Rudnick Gray Cary, Troutman Sanders LLP, Patterson Belknap Webb & Tyler LLP and Kelley Drye & Warren LLP. Mr. Kurzman has been associated with many highly publicized trials, most recently: US v. Richard Scrushy, Final Analysis v. General Dynamics and various national asbestos and brand name drug cases. Mr. Kurzman has a Jurist Doctorate from Nova Southeastern University School of Law and received a Bachelor of Arts in Political Science from Florida State University. He is a member of the New York Bar Association, New York Trial Lawyers Association and the American Bar Association. Mr. Kurzman continues to be committed to volunteer work through his association with the New York Lawyers for the Public Interest.