chapter 18 eighteen the electronic courtroom and trial presentation
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Civil Litigation:Process and Procedures
Chapter EighteenThe Electronic Courtroom and Trial
Presentation
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.2
The Electronic Courtroom Equipped to
Present videotaped depositions Present evidence on monitors
Jury Judge Counsel tables Court support personnel Spectators
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.3
Litigation Support Software
Organizes & displays Evidence Graphic presentations Simulations or reenactments
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.4
The Wired Courtroom Must determine in advance of trial
Court & judge rules Wiring, internet access & equipment
already available Placement of mics, location of operator Compatibility of courtroom equipment
with legal team’s software Procedures for bringing outside
equipment into the courtroom
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.5
Advanced Courtroom Layout
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.6
Litigation Presentation Programs Software that provides a
comprehensive approach to presenting Documents Photographs Graphic images Video presentations Recorded depositions
Databases, most using Windows
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.7
Sanction Dual Monitor Mode
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.8
Presentation and Trial Graphics Poorly designed graphics can
detract from the “message,” or even mislead
Presentation programs are flexible and can prepare slide shows or hard copy Graphics & photographs Video & audio clips Animation & sound effects Data charts
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.9
Electronic Graphic Creation Must be able to be clearly seen by
everyone Can use graphics programs that offer
templates for common trial graphics Can be used in the courtroom to create
professional-looking material “on the fly”
Can keep back-up on a laptop in case display boards or posters are delayed or damaged
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.10
Typical Trial Graphics
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.11
Accident Scene Graphic
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.12
Benefits of PowerPoint Can prepares
presentations in different formats
Tutorials are available online and help within the program
A variety of templates & content slides are available
Graphics (photos, charts, clipart) are easily incorporated with “drag & drop” mouse clicking
Sounds & animation may add interest
Compatible with Office Suite
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.13
Presentation Tips Viewability – colors & contrast enhance the
message, not detract from it Density – use of bullets & phrases instead of
paragraphs Sounds – should not be startling, but rather
subtly create interest Stand aside – be sure not to block the screen Imagery – graphics can enhance text, clarify a
concept
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.14
SmartDraw Graphics creation program Includes
Icons & templates An intuitive interface Predesigned legal situation graphics “Drop & drag” click insertion
Graphics can be exported to a variety of other programs, e.g., PowerPoint or Word
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.15
Export Tab
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.16
Electronic Trial Presentation Programs Allow the legal team to
Organize & control the Documentary evidence Depositions Photographs and other data
Display transcript & video simultaneously
The team must be aware of the types of native formats supported by the presentation program
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.17
Limitations Must have correct equipment
available Must anticipate technical
difficulties Back-up programs Hard copies of vital evidence
Can be very expensive, and may not be justified in a cost/benefit analysis If new or different equipment is
required If experts must be consulted
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.18
Video Viewing Monitors may be placed around
the courtroom, on carts A single large screen may be used,
requiring a projector Individual monitors may be
installed between every other juror Size & proximity must be taken
into account when preparing graphics
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.19
Media Center or Cart Annotation monitor – permits on-screen
notes with the touch of a finger Document camera – displays a live image of
documentary or 3-dimensional evidence, with zoom capacity
Infrared headphones – assisted listening device
Laptop port – at the counsel tables Interpreter box – permits translations from
an interpreter VCR & dual cassette player – permits audio
& visual playback
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.20
Presentation Preparation Research the courtroom electronic
capacity, meet with court IT staff Run-through with attorney
Practice in courtroom, if possible Have backup equipment, files, cables Use a separate operator, often the
paralegal Be sure to have the necessary
passwords
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.21
Courthouse IT Staff Can help make the process easier
Knows the capacity of the courtrooms Can solve problems in a run-through May be helpful in getting equipment
through security May even be able to “pre-clear” it Can help with emergency repairs,
replacements (bulbs, bad monitors, etc.)
Civil Litigation: Process and Procedures Goldman/Hughes
© 2009 Pearson Education, Upper Saddle River, NJ 07458.
All Rights Reserved.22
Electronic Courtroom Overview