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5 Tech. for Litig. 13 (2011)
Effective Use of Technology at Bench Trials

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You may think it a grand strategy that opposing counsel not know that you are planning to use
technology as you plan to bring your own equipment and deal with your own technical support
issues and somehow catch them off guard. Courts frown heavily on redundant equipment
installations (e.g., dual screens, dual monitors, and dual projectors) and the permission to do so is
rarely granted. The setup, maintenance, and breakdown of equipment can be expensive, and
anything you can do to reduce costs will be greatly appreciated by the clients you represent.
What about Courthouse Security?
Getting equipment into the courtroom can be a battle itself. Passing the building security process
can be accelerated in most situations by providing the court clerk or deputy with a letter outlining
the proposed equipment being installed, the names of the installers, and all trial team members
that will be bringing laptops or needing access to cell phones. Request that the judge sign the
letter and provide it to security in advance. Also provide copies of the signed letter to your trial
support team to avoid costly delays to your presentation.
Using technology and a complimentary mix of visuals can help your presentation leave a lasting
impression and convey the points you are trying to make with the trier of fact. However, proper
planning is the key when using technology in court, or any other venue, and planning ahead will
save you time and money and keep technical delays at bay.
Keywords: Litigation technology, courtroom technology, rules
John M. Eamigh is a senior technology consultant at Zagnoli McEvoy Foley, LLC in Chicago, Illinois.
Effective Use of Technology at Bench Trials
By Jonathan Lomurro
The wave of the future clearly lies in the use of electronic technology both in discovery and
courtroom presentation. Fanelli v. Centenary College, 211 F.R.D. 268, 271 (D.N.J. Nov. 27,
The most persuasive arguments use a combination of verbal and visual presentation. Presenting
visually, using modern technology, offers many benefits over presenting with traditional visual
methods. An officer's verbal description of a crime scene can be enhanced with the presentation
of an enlarged or interactive image of the actual scene. An expert's explanation of a complex
surgical procedure may benefit from a storyboard or video animation. A stack of 30,000 pages of
documents can be better explained using electronic searching, highlighting, and annotations, and
the documents can be well summarized with trial presentation software.
© 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any
portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database
or retrieval system without the express written consent of the American Bar Association.

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