Leveraging Technology in the Courtroom: Planning and Creating - - PowerPoint PPT Presentation

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Leveraging Technology in the Courtroom: Planning and Creating - - PowerPoint PPT Presentation

Oct 21, 2022 50 likes •711 views

Presenting a live 90-minute webinar with interactive Q&A Leveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presentations Strategies for Using 3D Animation, Trial Software, iPads, Video, Mobile Apps,

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Presenting a live 90-minute webinar with interactive Q&A

Leveraging Technology in the Courtroom: Planning and Creating Winning Digital Trial Presentations

Strategies for Using 3D Animation, Trial Software, iPads, Video, Mobile Apps, Wearables and More in Courtroom Presentations

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific THURSDAY, JULY 7, 2016

Jason Barnes, Partner, Barnes & Roberts, Dallas Elizabeth M. Sorenson Brotten, Shareholder, Lind Jensen Sullivan & Peterson, Minneapolis Bob Garrey, Of Counsel, Polsinelli, Dallas Dave Maxfield, Attorney, Columbia, S.C.

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Leveraging Technology in the Courtroom

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Planning and Creating Winning Digital Trial Presentations

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BOB GARREY Polsinelli ELIZABETH BROTTEN Lind, Jensen, Sullivan & Peterson DAVE MAXFIELD Dave Maxfield LLC JASON BARNES Barnes & Roberts

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Rules – Authentication – Admission

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Types of Evidence

  • Substantive – evidence used to prove a fact. Can include website

data, social network communications and postings, email, text messages, computer stored documents, and computer simulations.

  • Demonstrative – evidence used to illustrate the testimony of a

witness or assist jurors. May includes computer generated evidence such as computer animations.

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Necessary Steps

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  • Relevance
  • Rule 401: Does it have any tendency to make some fact that is
  • f consequence to the litigation more or less probable than it
  • therwise would be?
  • Authentication
  • Rule 901: Can the proponent show that the evidence is what it

purports to be?

  • Hearsay
  • If offered for substantive truth is it hearsay under Rule 801? Is

it covered by an exception? (Rules 803, 804, 807).

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Necessary Steps

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  • Original Writing
  • Is it an original or duplicate? If not, is there secondary

evidence to prove its contents (Rules 1001-1008)?

  • Probative Value
  • Rule 403: Is the probative value of the evidence substantially
  • utweighed by the danger of unfair prejudice or one of the
  • ther factors identified by Rule 403, such that it should be

excluded despite its relevance?

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Authentication – Electronic Evidence Generally

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  • In order to authenticate, a proponent must offer “evidence

sufficient to support a finding that the matter in question is what its proponent claims.” Fed. R. Evid. 901(a).

  • Federal Rule 901(b)(1)-(10) provides non-exclusive list of

examples of how authentication of electronic evidence can be accomplished.

  • Authentication can also be made under Rule 902—the self-

authentication rule—which identifies methods by which documents, including electronic ones, may be authenticated without extrinsic evidence.

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Authentication- Computer Generated Evidence

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  • Two common forms of computer generated evidence today are

computer animations and computer simulations.

  • Computer animations are demonstrative evidence. It will

generally be admitted if authenticated by testimony of a witness with personal knowledge of the content of the animation, upon a showing that it fairly and adequately portrays the facts, and that it will help to illustrate the testimony.

  • Will generally require a sponsoring witness.
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Authentication- Computer Generated Evidence

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  • Computer simulations are substantive and treated as scientific
  • evidence. The proponent need show:
  • the computer is functioning properly;
  • the input and underlying equations are sufficiently complete

and accurate (and disclosed to the opposing party, so that they may challenge them); and

  • the program is generally accepted by the appropriate

community of scientists.

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Case Examples

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  • Bryant v. Trexler Trucking (D. So. Car. 2013)
  • Bullock v. Daimler Trucks North America, LLC (D. Colo. 2011)
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Technology Options

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Plaintiff’s Perspective

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ADVANTAGES DISADVANTAGES

You get to go first most of the time. (Trial, Mediation) You’re the first one in the pool. You have the freedom to be creative. Your budget is probably less; DIY can cause problems. Technology options exist – particularly for IOS – that level the playing field greatly (or even tilt it a little for you). No check on your getting carried away with the shiny, fun tech.

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What Kind of Proceeding?

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(6) Records of Regularly Conducted Activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness; provided, however, that subjective opinions and judgments found in business records are not admissible. The term "business" as used in this subsection includes business, institution, association, profession,

  • ccupation, and calling of every kind, whether or not conducted for profit.
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Example of “Map” for Motion Argument

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Defendant’s Perspective

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ADVANTAGES DISADVANTAGES

You go second: Opportunity to see Plaintiff’s themes and technology use. You go second: May be too late in the game to change your strategy to respond. Opportunity to visually evaluate how decision maker reacts to Plaintiff’s use of technology. You go second – jurors/decision makers not as “wowed” by your technology use. Organize and highlight themes of case. Technology use may play into Plaintiff’s themes to Plaintiff’s advantage.

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Defendant’s Perspective

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Why use technology or a particular type of technology?

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Defendant’s Perspective: More Practicalities

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OR

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Defendant’s Perspective: More Practicalities

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Planning Your Presentation

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Who am I trying to convince?

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What am I trying to show?

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Using Digital Exhibits at Trial

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Cutting Edge Technologies

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LETTERBOXED STRETCHED

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$7,000

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Working with Vendors

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1. Establish a relationship based on trust and communication 2. Demand commitment to your case 3. Involve them early in the case 4. Use them as a fresh set of eyes and ears 5. Communicate – they need to understand your whole case 6. Treat them as members of your team – they are 7. Give them the freedom to do their job 8. Don’t throw them under the bus 9. Don’t squeeze them (too hard) on price 10. Say thank you

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Questions

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BOB GARREY Polsinelli bgarrey@polsinelli.com ELIZABETH BROTTEN Lind, Jensen, Sullivan & Peterson elizabeth.brotten@lindjensen.com DAVE MAXFIELD Dave Maxfield LLC dave@consumerlawsc.com JASON BARNES Barnes & Roberts jason@brtrial.com