Navigating the complexities of maritime litigation presents unique challenges distinct from other areas of law. The cases are often steeped in technical detail, involving complex vessel operations, intricate navigation principles, and highly specialized equipment. For judges and juries—many of whom may have little or no maritime experience—grasping the nuances of such cases can be a daunting task. This is where demonstrative aids help to transform dense, technical evidence into clear, compelling presentations that illuminate the facts and arguments at the heart of a dispute. Drawing on recent developments in the Federal Rules of Evidence and illustrative case law, demonstrative aids can be the difference between confusion and clarity, disengagement and persuasion, and, ultimately, between losing and winning a case.

Legal Framework: Federal Rules of Evidence and Demonstrative Aids

The use of demonstrative aids is governed by the Federal Rules of Evidence (“FRE”), local court rules, and case law. Two rules are particularly central: FRE 107 and FRE 1006.

FRE 107: Illustrative Aids

Enacted on December 1, 2024, FRE 107 clarifies the distinction between demonstrative aids (also called illustrative aids) and demonstrative evidence. Demonstrative aids are not evidence; they are presentations designed to help the trier of fact understand the evidence or argument. 

FRE 107 establishes a balancing test: a demonstrative aid may be used if its utility in assisting comprehension is not substantially outweighed by the danger of unfair prejudice, confusion, misleading the jury, undue delay, or wasting time. The rule also provides guidance on discovery, notice, instruction, and preservation of demonstrative aids, and restricts their use during jury deliberations unless all parties consent or the court orders otherwise.

FRE 1006: Summaries to Prove Materials

FRE 1006, recently amended, governs the use of summaries, charts, or calculations to prove the content of voluminous admissible writings, recordings, or photographs that cannot be conveniently examined in court. Such summaries are admissible as evidence, provided the underlying materials are admissible and available to the other parties. Importantly, if a summary functions only as an illustrative aid, it falls under FRE 107, not FRE 1006.

Other Relevant Rules

• FRE 401 & 402: Define and govern the admissibility of relevant evidence.
• FRE 403: Allows exclusion of relevant evidence if its probative value is substantially outweighed by risks such as unfair prejudice or confusion.
• FRE 611: Grants courts control over the mode and order of presenting evidence.
• FRE 901 & 902: Address authentication and identification of evidence.

Case Study: SCF Waxler Marine L.L.C. v. Aris T M/V

The successful use of an accident reconstruction video in litigation, incorporating automatic identification system (“AIS”) footage into the video, is exemplified in SCF Waxler Marine L.L.C. v. Aris T M/V, 24 F.4th 458 (5th Cir. 2022). 

On the evening of January 31, 2016, the Aris T was upbound on the Mississippi River at the same time towboats Elizabeth and Loretta, each pushing loaded red-flagged (petroleum) barges, were downbound. An allision occurred in the Hahnville Bar, a bend between mile markers 124.5 and 126 in the Mississippi River where a number of moorings are located. Aris T was passing Loretta and Elizabeth at the same time Loretta was overtaking Elizabeth. Given their relative positions, there simply was not enough room for the three vessels to be adjacent to each other simultaneously. Id. at 466. To avoid colliding with Loretta’s loaded petroleum barges, Aris T veered to starboard and allided with docks owned by Valero and Shell, causing a massive amount of damage.

A video reconstruction of the allision was used as part of Valero’s case-in-chief. The video reconstruction of the allision showed the path of the vessels and included relevant audio recordings from Aris T’s vessel data recorder (“VDR”), which recorded all transmissions sent or received by Aris T’s VHF radio and all voices recorded on the four microphones located on Aris T’s bridge. At the inception of trial, the court admitted the video reconstruction into evidence and no party contested its accuracy. Id. at 466, n. 2. In effect, the court accepted the video, not just as an illustrative aid, but as an admissible summary of the evidence. The video dominated the ensuing two weeks of trial.

On appeal, the Fifth Circuit affirmed the district court’s causation findings as not clearly erroneous. In doing so, the Fifth Circuit outlined that the district court did not err in discounting eye-witness testimony about the timing of the failure of certain equipment and instead crediting other expert testimony and evidence (e.g., radar and video footage) that the equipment failed earlier and contributed to the allision. Id. at 474.

The accident reconstruction video played a pivotal role in shaping the Fifth Circuit’s decision in SCF Waxler Marine L.L.C. v. Aris T M/V. By combining AIS data with audio from the Aris T’s VDR, the video provided a comprehensive and accurate depiction of the events leading to the allision. Its unchallenged reliability allowed the court to weigh it heavily over contested eyewitness testimony, reinforcing the district court’s findings. This case underscores the value of demonstrative evidence in litigation, as accident reconstruction videos can distill complex scenarios into clear and compelling evidence, enabling courts to make well-informed decisions.

Conclusion: The Strategic Value of Demonstrative Aids

In the high-stakes, technically complex world of maritime litigation, demonstrative aids are invaluable. They educate, engage, and persuade, transforming intricate evidence into compelling narratives that resonate with judges and juries. The legal framework—anchored by FRE 107 and FRE 1006—provides clear guidelines for their use, while case law demonstrates their potential to shape outcomes. 

The power of demonstrative aids derives from careful planning, creativity, and strict adherence to evidentiary standards. In the end, the strategic use of demonstrative aids can be the key to navigating the complexities of maritime litigation, turning the tide in favor of clarity, comprehension, and justice.