Trends in Trial Technology
By Connie Janise
The writing is on the wall. Or, rather, the monitor. Venues across the country are increasingly
integrating electronic presentation hardware into the infrastructure of the courtroom.
Judges are encouraging the use of non-obtrusive, built-in equipment and banning
bulky trial boards, easels, foldout screens and the like - so much so that the use of technology
in the courtroom is becoming less a question of style and more a matter of compliance.
Research on jury attentiveness and individual learning styles indicates that a majority
of people process information presented visually better than if the same material is heard
or read. Not only do they understand the information better, they also stay more focused
on the given task. Because juries, ideally, comprise a cross-section of the public, it stands
to reason that the typical jury pool contains more visual learners. So courts are encouraging
legal teams to bring their arguments to life in the medium most familiar to the
jury and most likely to hold their attention.
Which brings us to that most
inescapable of courtroom innovations—
the flat-screen television. The modern
courtroom is filling up with monitors,
with several mounted in front of the jury
box, and others at the lectern, at counsels’
tables, in the witness box, in the gallery
and on the bench. These built-in monitors
dispose of the awkward scenes that can
accompany the set-up of portable screens
and they satisfy the multiple viewpoints of
judge, jury, witness, counsel and audience.
In order to keep the jury from seeing
evidence before it is admitted, these systems
are typically controlled from the
bench. When a party is proving up an
exhibit, it may be displayed to opposing
counsel, the witness and the judge. Only
after the document is admitted does the
judge activate the jury and spectator monitors,
officially publishing the exhibit.
What’s more, courtroom monitors
sometimes provide additional functionality
uniquely suited to the display of evidence.
In some courtrooms, monitors at
the witness box and lectern have touchscreen
annotation capabilities, allowing
the witness or examining attorney to mark
up or point out portions of a document.
At its best, integrated courtroom technology
makes bringing electronic evidence
to trial as simple as plugging in a laptop to
the inputs at counsel’s table. So each party
is allowed the freedom to choose from any
number of trial presentation software programs
or slideshow applications best suited
to the evidence. Sanction®, Trial Director
® and PowerPoint® are among the most
widely used programs for presenting
demonstrative evidence and documents.
But wait—there’s more. Newly built or
redesigned courtrooms often feature integrated
audio systems to provide a natural
diffusion of sound. Special headsets for the
hearing impaired or jurors who require an
interpreter are available in some venues.
Even the lectern is going high tech – in
some courtrooms, the lectern features a
panel that allows the examining attorney
to select the source of the video and audio
feeds. Time indicator lights may warn
when a speaker is nearing their allotted
time at the podium. And video conferencing
capabilities are also becoming a fixture
of the electronic courtroom, ushering in
the ability to call witnesses to the stand
from anywhere in the world.
Every courthouse is different, and the
available technology will vary even from
one courtroom to another. Consult the
court’s website to get an overview of what,
if any, hardware is integrated into the
assigned courtroom. Some venues even
provide a guidebook describing the technology
available and how to use it. The
website of the USDC for the District of
Minnesota provides an excellent example
of such a manual—see www.mnd.
uscourts.gov/Courtroom_Technology/cou
rttech.shtml. Follow up by setting a conference
with the court’s technology contact
to confirm the information on the website
and find out if permission from the judge
is required to bring in additional equipment.
This is also a great opportunity to
schedule a training session for the legal
team on the use of the court’s equipment.
Most courtroom technologists are happy
to facilitate a test of the law firm’s laptops
on their system, train attorneys and staff
on use of the technology and troubleshoot
any issues prior to a party’s appearance.
So get to know the new face of modern
evidence presentation. And leave your trial
boards at the office.
Connie Janise is a litigation/trial paralegal
at the law firm of Fulbright & Jaworski
L.L.P. and serves as the litigation technology
liaison for Fulbright’s San Antonio office.
Connie attended Texas State University’s
graduate-level Legal Studies program and is
a certificated Texas mediator and active
member of the Alamo Area Paralegal Association
and the Paralegal Division of the
State Bar.
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