Fed. R. Evid. 107 — Illustrative Aids
Plain English
A 2024 addition. It sets standards for “illustrative aids”—demonstratives like timelines, diagrams, or animations used to help the jury understand the evidence or an argument. The court may allow them if their helpfulness is not substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, or waste of time. Crucially, an illustrative aid is not evidence and generally does not go to the jury room unless all parties consent or the court orders it for good cause; when practicable it must be entered into the record. True summaries of voluminous evidence are handled under Rule 1006, not 107.
From the Courtroom
This new rule finally draws the line between a demonstrative that helps the jury follow your story and a summary that is itself evidence. Use Rule 107 for the timeline you flash on the screen in opening or to walk a witness through a sequence—but remember it does not go back to the deliberation room and it is not evidence. If you want the chart to BE evidence and go back with the jury, you are in Rule 1006 territory, with its own foundation requirements. Get the aid into the record so the appellate court can see what the jury saw.
Key Points & Authority
- New in 2024. Express standards for illustrative aids (demonstratives).
- Balancing test (107(a)). Allowed if utility is not substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, or waste of time.
- Not evidence (107(b)). Generally not provided to the jury in deliberations unless all parties consent or the court orders for good cause.
- Record + Rule 1006 line (107(c)–(d)). Enter the aid into the record when practicable; summaries proving the content of voluminous evidence are governed by Rule 1006.
Florida Parallel
Florida Parallel: There is no direct Florida Evidence Code counterpart to Fed. R. Evid. 107—Florida governs illustrative and demonstrative aids through case law rather than a statute. Summaries of voluminous evidence in Florida fall under § 90.956, Fla. Stat. (compare FRE 1006, referenced in Rule 107(d)). Cross-reference is text-only for now; live links added in a later interlinking pass.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Permitted Uses. The court may allow a party to present an illustrative aid to help the trier of fact understand the evidence or argument if the aid’s utility in assisting comprehension is not substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time.
(b) Use in Jury Deliberations. An illustrative aid is not evidence and must not be provided to the jury during deliberations unless:
(1) all parties consent; or
(2) the court, for good cause, orders otherwise.
(c) Record. When practicable, an illustrative aid used at trial must be entered into the record.
(d) Summaries of Voluminous Materials Admitted as Evidence. A summary, chart, or calculation admitted as evidence to prove the content of voluminous admissible evidence is governed by Rule 1006.
Educational reference. Educational summary of the Federal Rules of Evidence, not legal advice.
What this rule means in plain English
A 2024 addition. It sets standards for “illustrative aids”—demonstratives like timelines, diagrams, or animations used to help the jury understand the evidence or an argument. The court may allow them if their helpfulness is not substantially outweighed by unfair prejudice, confusion, misleading the jury, delay, or waste of time. Crucially, an illustrative aid is not evidence and generally does not go to the jury room unless all parties consent or the court orders it for good cause; when practicable it must be entered into the record. True summaries of voluminous evidence are handled under Rule 1006, not 107.