2.15 Charts and Summaries Not Received in Evidence

Certain charts and summaries not admitted into evidence [may be] [have been] shown to you to help explain the contents of books, records, documents, or other evidence in the case. Charts and summaries are only as good as the underlying evidence that supports them. You should, therefore, give them only such weight as you think the underlying evidence deserves.

Comment

This instruction applies only when the charts and summaries are not admitted into evidence and are used for demonstrative purposes. Demonstrative materials used only as testimonial aids should not be permitted in the jury room or otherwise used by the jury during deliberations. See United States v. Wood, 943 F.2d 1048, 1053-54 (9th Cir. 1991) (citing United States v. Soulard, 730 F.2d 1292, 1300 (9th Cir. 1984)); see also Ninth Circuit Judges’ Trial Manual § 3.20.2: Summary Exhibits (2025).