Bench Trial vs Jury Trial Exhibit Management: Strategic Differences

Bench Trials: Expedited Admissibility

In a bench trial, judges typically apply the rules of evidence more flexibly, on the theory that a trained jurist can disregard inadmissible hearsay. Exhibits are frequently admitted subject to the court's weight determination.

Jury Trials: Strict Evidentiary Gatekeeping

In a jury trial, evidence cannot be published to the jury until the judge formally admits it. Having extra juror binder copies or electronic document displays (ELMO / courtroom monitors) is essential to maintain juror engagement.