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RULE 107. ILLUSTRATIVE AIDS

Effective Date: 3/1/2026

(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.

Rule 107 was adopted, effective March 1, 2026.

Rule 107 is based on Fed.R.Ev. 107. The rule governs the use of illustrative aids. An illustrative aid is any presentation offered not as evidence but rather to assist the trier of fact in understanding evidence or argument.

SOURCES: Joint Procedure Committee Minutes of January 24, 2025, page 5; Fed.R.Ev. 107.

CROSS REFERENCE: N.D.R.Ev. 1006 (Summaries to Prove Content).

Effective Date Obsolete Date
03/01/2026 View