These capabilities make CGE a powerful litigation tool whether it is used by or against you. To a great extent, they follow the traditional evidentiary standards, which depend on the intended use. The following is an excerpt from a longer piece. If you would like the full-length brief, please contact James Boudreau . Distinguishing demonstrative CGE from substantive CGE requires examining the relationship between the CGE and the fact finder.
Demonstrative evidence is a familiar courtroom tool.
Charts, graphs, and models are customarily used to assist testifying witnesses in conveying complex information. When these aids are used merely as testimonial props, they are considered illustrative aids and are not admitted into evidence. While demonstrative CGE is a reiteration of testimony, substantive CGE is a reworking of admitted evidence, for the purpose of arriving at a conclusion. Examples of substantive CGE include recreations, simulations, and computer-enhanced photographs derived from information already in evidence. Once the court characterizes a piece of evidence as substantive or demonstrative, the next step is to evaluate the distinct standards for admissibility.