A Picture is Worth a Thousand Words: Using Visuals at Trials and International Arbitrations

SPONSORED BY IMMERSION LEGAL

A critical component of expert witness testimony is succinctly establishing the basis for the expert’s opinions in a manner that is easily understood. This is particularly important for scientific expert witnesses where jurors or the tribunal may be unfamiliar with the subject matter.

Visualizations are one of the best means for experts to convey principles, methods, and data. Images can make testing come to life, schematics can lay out concepts, and plots can relay data more convincingly than verbal descriptions. Additionally, numerous methods of scientific imaging are becoming more accessible and understandable. Examples range from micro-CT scanning at sub-millimeter resolution to electrical methods such as lock-in thermography. Computational methods can also be used to illustrate events through animations. Having familiarity with the range of scientific measurement and imaging techniques, including their strengths and limitations, is important during expert discovery and aids in accurate and engaging expert testimony. In addition, having in mind the visualizations desired for trial or arbitration during the time the expert report is prepared is important to ensure that the disclosure requirements are met. Methods of portraying and relating to data, along with discussion of budget and timing associated with relevant imaging techniques, will be presented during the panel.

Furthermore, the recent Rule 702 amendments increase the importance of being able to thoroughly explain an expert’s principles and methods. Visualizations can again be critical to explain an expert’s work, demonstrate that the expert’s knowledge will assist the jury, and that scientific principles and methods were reliably applied.