A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: FRE 107

I have no image for this. Here are some turtles that live just across the PA/DE border, in Chadds Ford, PA (presumably for the public schools).
I have no image for this. Here are some turtles that live just across the PA/DE border, in Chadds Ford, PA (presumably for the public schools). Andrew E. Russell, displayed with permission

There were a few interesting notes this week that didn't quite warrant their own posts, so here is a combined update. We should really be on X / Twitter / Bluesky / Trends or something—I'm not sure any of these updates really warrant more than 140 characters. But here you go:

  • As the Court pointed out last week, the new 2024 Federal Rules went into effect on December 1. It looks like the changes to the FRCP are not significant, but there are some interesting changes to the Rules of Evidence, including a brand new Rule 107. We've already discussed that rule, but in short, it renames "demonstratives" to "illustrative aids" and says that "[w]hen practicable, an illustrative aid used at trial must be entered into the record." The new rules have other changes as well, including nice clarifications to FRE 1006.
  • The Associate Press reported yesterday that the JUDGES Act, which would add two new D. Del. judges, is in peril and facing a veto threat. Please keep it in your thoughts...
  • Chancellor McCormick, chief judicial officer of the Delaware Court of Chancery, is active on LinkedIn. She recently shared helpful briefing tips, including about overuse of acronyms and that you should use non-breaking spaces.
  • Delaware recently announced new CLE rules, complete with a handy explanatory document. Beware—it looks like, under the new rules, Delaware attorneys now will be fined immediately if your CLE credits aren't completed by December 31 of your compliance year and reported by January 10 of the following year. No more makeup plans! There is a transition period for this year where the dates are a bit different.
  • The Delaware FBA announced last week that Delaware Bench & Bar conference will be September 25-26, 2025. Mark your calendars, and remember that the Court sometimes issues an order bumping any filing or service deadlines that are set for those days.
  • Judge Albright of the Western District of Texas has confirmed that he is moving from Waco to Austin, pending 5th Circuit sign-off. Law360 also reports that he named his dog Mandamus, which is awesome.
  • The District of Delaware's website, like many other courts across the country, added a warning recently about fake notices of electronic filing ("NEFs") that have malicious links. Sadly I can't seem to find any more detail on this, such as what to look for. Be careful out there!

Illustrative Aid
AI-Generated, displayed with permission

Last week, Nate wrote a post titled "Demonstrative Lost" about an instance where the Court rejected the parties' attempt to lodge demonstrative exhibits used at trial in the record.

In response, we heard from a reader about an upcoming and brand-new rule of evidence, FRE 107, that may address exactly this point, plus some other issues regarding demonstratives at trial.

Here is the text of the new rule, which is projected to take effect on December 1, 2024:

Rule 107. Illustrative Aids
(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 …