A Picture is Worth a Thousand Words… But is it Worth The $ ? Robert A. Stutman, Thomas Paolini & Dana R. Bowling

Make opening/closing statements more effective. Locate and display exhibits in less time. Ability to utilize a greater number of exhibits/demonstratives. Move trial at a faster pace; reduce overall trial time. Meet judges’ and jurors’ expectations. More effectively persuade jurors to agree with your side of the case.

Is there an increase in trial costs? Lawyers must familiarize themselves with the technology being used. Additional trial preparation/planning may be necessary to incorporate technology. Does the courtroom setup lend itself to the use of technology?

9/1/07 – Abbott ordered 1,000 Christmas trees from Chinese manufacturer. 9/1/07 – Abbott ordered 500 computer servers from Korean manufacturer. 9/1/07 – Abbott ordered 10 dishwashers from Swedish manufacturer. 10/20/07 – dishwashers arrived in Bayonne, NJ and were shipped to distribution center, where they were sold, and later shipped, to The House Depot bearing manufacturer’s labels. 11/15/07 – computer servers arrived in Los Angeles and were delivered to distribution center in Anaheim, where they were labeled and shipped to The House Depot, a retail outlet. 12/1/07 – UCLA purchased a computer server online from The House Depot. 12/1/007 – Christmas trees arrived in San Francisco and were delivered to distribution center in Anaheim, where they were subsequently labeled and shipped to retail stores around the country. 12/1/07 – dishwasher purchased by Mr. Clean at The House Depot failed and caused a water loss in Mr. Clean’s apartment building. 12/20/07 – Jones purchased a Christmas tree from Bill’s Pharmacy. 12/21/07 – Jones family decorated their Christmas tree. 12/22/07 – fire erupted in Jones family’s home.

Courtroom Equipment Diagram Laptop (Primary and backup) LCD Projector (3500+ lumens) Projection Screen (sized for room) Flat-screen monitors Touch-sensitive monitor DVD/VHS player Speakers Not Shown Portable scanner/printer Document Camera Wiring/Switchers Laser pointer

Illustrative Aid: These exhibits are simply used to convey information to jurors in an easily understandable way. Evidence: Exhibits must be formally moved/accepted into evidence. Items in evidence are actually relied on by jurors in reaching verdict

Many judges believe technology reduces trial length. Some judges encourage, or even require, electronic or digital presentation of documents. Source: The Federal Judicial Center and the National Institute for Trial Advocacy. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial February

Jurors have likely viewed highly publicized trials on television, online, etc. Source: The Federal Judicial Center and the National Institute for Trial Advocacy. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial February Most jurors have never been inside a courtroom – they may assume or expect sophisticated technology to be used.

The presence of visual displays suggest to jurors that the courtroom activities will be informative and easy to understand. Juror involvement increases when they can easily follow along with courtroom presentations and see exhibits clearly. Source: The Federal Judicial Center and the National Institute for Trial Advocacy. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial February

Jury Memory Recall TellShow Short Term (3 hours) Long Term (3 days) 70% 10% 72% 20% Show & Tell 85% 65%

50,000 Pages 1 GB 18,000 pages (about 9 bankers boxes) 650 MB (1 CD) Source: Physicalvs.Digital

How can technology be utilized? Photographs (with or without emphasis on important items) Diagrams

How can technology be utilized? Present documents on displays. Highlight/blowup important clauses in documents.

At trial, showing a video of the deposition may carry more impact than simply reading the transcript. On the other hand, reading the transcript may be better, depending on your witness… If the witness’ speech is difficult to understand, it may make sense to synchronize the video to the transcript.

Animations help jurors visualize scenarios. In one study, participants rated animations as having a higher level of importance than other demonstrative exhibits and witness testimony! Source: Dunn, Ph.D., Meghan. “Technology in the Courtroom: An Examination of the Effects of Computer Animation.” Proceedings of the Law and Society Association Conference, June 2002.

Who should operate the software during trial? In-house personnel, or hired professional? In some courthouses, court personnel may take control of some portion of the technology, such as the “kill switch”. Will the parties share technology hardware/software, or bring their own? What software should be used? Sanction TrialDirector Visionary PowerPoint

Purchase software? Or rent? Familiarity vs. Troubleshooting Quality Obsolete vs. state-of-the-art What equipment should be used? Depends on courtroom setup & case-specific needs

Research local rules regarding courtroom technology – they may vary greatly from jurisdiction to jurisdiction. Exchanging items in advance, in the format they will be utilized at trial, may reduce likelihood of disagreements and delay during trial. Familiarize witnesses with the types of technology that you plan to use during their examination at trial. It may be necessary to create and/or agree on additional jury charges, such as addressing the availability of illustrative aids in the jury room, differences between actual evidence and illustrative aids, etc. Source: The Federal Judicial Center and the National Institute for Trial Advocacy. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial February 2001http://

Visual acuity (distance vision, close-up vision, color blindness, depth perception) Hearing impairment (may need to use amplification systems/assisted-listening devices to hear audio-recordings played back in the courtroom) Level of technological savvy (it is believed that jurors who are accustomed to watching a lot of television are more comfortable with faster pace than those who do not. Source: The Federal Judicial Center and the National Institute for Trial Advocacy. Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial February 2001http://

Choose the most effective method of presentation that is appropriate for your case. Think about sharing equipment & operating personnel to minimize courtroom clutter and manage expenses. Consider what can be used as “evidence” and what is simply an illustrative/demonstrative aid. Take into account whether you will need to duplicate any exhibits in a format that the jury can utilize in the jury room. Plan for back-up methods of presentation and/or additional equipment in advance, for use in the event of a technical malfunction. Practice!