New Federal Rule of Evidence 107: Illustrative Aids

By Marissa Boling

As of December 1, 2024, the Federal Rules of Evidence introduced an entirely new rule, Rule 107, “Illustrative Aids.” FRE 107 aims to provide guidelines on using materials designed to help the fact-finders understand evidence or arguments during trials.

The newly added rule reads:

(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.[1]

What are Illustrative Aids?

Illustrative aids are presentations, such as charts and graphs, offered solely to assist the trier of fact in understanding the evidence or arguments presented before them. It is crucial here to clarify that illustrative aids themselves are not to be given as evidence, like “demonstrative evidence,” which is substantive evidence introduced to prove a disputed fact.

How Can Illustrative Aids Be Used?

Under FRE 107, courts may allow a party to present an illustrative aid to the jury. The test courts will use is whether the illustrative aid’s value in assisting comprehension is not outweighed by potential risks such as unfair prejudice, misleading the jury, or causing undue delay. Since these aids are not considered evidence, they are generally not permitted in jury deliberations unless all parties consent or if the court, for good cause, decides otherwise. Courts may require that illustrative aids be entered into the record when practicable, and a greater level of transparency is needed. Additionally, FRE 107 differentiates illustrative aids from summaries of voluminous materials, which fall under FRE 1006 when admitted as evidence. FRE 1006 permits a party to introduce summaries, charts, or calculations as actual evidence when the underlying information is too voluminous to be conveniently examined in court. Conversely, under FRE 107, illustrative aids are not considered evidence at all. Instead, illustrative aids are used purely for explanatory purposes. Thus, illustrative aids do not need to be exact representations of underlying data and do not require the same evidentiary foundation as FRE 1006 summaries. They aim to help the judge or jury understand evidence already admitted into the trial rather than serving as standalone proof of any fact.

Conclusion

FRE 107 aims to make complex facts, technical evidence, or intricate timelines more digestible for juries. The new rule also attempts to bring clarity and consistency across federal courts. FRE 107 helps ensure a uniform approach by providing guidelines, reducing disputes over whether a particular aid is permissible.

How this rule will ultimately shape courtroom strategy and judicial decision-making remains to be seen, but we’ll be watching closely as it unfolds.

[1] https://www.law.cornell.edu/rules/fre/rule_107