Effective Use of Courtroom Technology : A Judge's Guide to Pretrial and Trial

Although various forms of courtroom technology have been around since the 1970s, little scientific research has been done in the field and relatively little case law exists. This book is part of a larger Federal Judicial Center (FJC) project examining the impact of technology on the adversary process. The FJC, together with the National Institute for Trial Advocacy (NITA), produced this guide for judges, drawing upon the expertise of judges who work in courtrooms equipped with technology, law professors who teach trial advocacy and evidence, and practitioners who have trial experience using technology in civil and criminal cases. The project was directed by Deanne Siemer, a NITA author who has written books, case files, and teaching materials on courtroom technology.

Effective Use of Courtroom Technology: A Judge's Guide to Pretrial and Trial describes the substantive and procedural considerations that arise when lawyers bring electronic equipment to the courtroom or use court-provided equipment for displaying or playing evidentiary exhibits or illustrative aids during trial. The guide sets out what lawyers are normally trying to accomplish, the objections opposing counsel may raise, and the considerations of fairness that may attend the various uses of courtroom technology.

The book begins with an overview of the equipment used in courtrooms, the nature of the questions most often raised in pretrial and trial proceedings, and a summary of the experience to date. Part II deals with certain aspects of discovery that affect trials using technology, including discovery of documents, photographs, video, digital format materials, and internet discovery repositories. The book then covers the effective use of courtroom technology during pretrial proceedings and examines disclosure issues, equipment issues, making the record, videoconferencing, and other uses of technology by the court during pretrial. Part IV focuses on technology issues during the trial, including preliminary matters, jury issues, opening statements, real-time reporting, video conferences for witness testimony, use of illustrative aids, objections, and briefs. A CD-ROM contains the entire text of the book together with samples of the kinds of exhibits that may be used by lawyers in conjunction with courtroom technology. The samples contain transitions, animations, color, sound, and special effects.

The book is organized for quick reference without the need to read the entire volume, and to assist in the conduct of trials using technology from the initial phases of discovery through post-trial briefing. An important guide for judges, Effective Use of Courtroom Technology points out the reasons why lawyers take particular positions with respect to the use of technology, the options for resolving disputes, and some of the consequences of not resolving them at an early point in the proceedings. It suggests that judges actively manage technology matters rather than awaiting the parties' identification and argument of the matters.