Courtroom Technology:  Creating your Checklist

Technology in the legal profession has become second nature.   Going to trial is no different.   Many courtrooms in the U.S. are now equipped with the technology for presenting case material.   If  you are the Paralegal or IT person tasked with the trial technology piece, here are a few pointers on creating a checklist that will become your trial technology bible. 

Before Trial

Whether you will be the hot seat operator or you have a vendor providing this service, make sure you understand the technology needs for your trail team.  For example, will your team be presenting documents, videos with audio, physical items, which will require technology to display to the court?

Be in contact with the court and ask about:

• Existing technology (Digital Evidence Presentation System - not all courts use the same terminology for built in presentation systems) – does the courtroom have fixed equipment (projector, screen, audio, Elmo), or equipment available?  Is there preferred equipment?
• If technology is installed in the courtroom, are parties required to have technology training?
• Does the court require approval to bring equipment into building? Is there a preferred security process for bringing equipment into court?
• Are you allowed to setup courtroom the day before trial? (How soon can team get in to setup and test?)
• If the courtroom technology does not include monitors, will the Judge need a monitor? Witness? Court reporter?  Counsel table and hot seat? Will the Jury need monitors/iPads?   It is important that everyone who needs to see the presentation are able to see
• Ask if previous teams had any specific questions that you have not asked – you’ll be surprised at the information you can learn from asking a court clerk or deputy. For example, I was told that the Judge does not allow water bottles in the court room. Counsel must use water carafes and paper cups provided.   
• Make sure your presentation equipment is compatible with the courtroom technology – for example, what type of connection does the courtroom equipment have – VGA? HDMI? Make sure your device (laptop) can accommodate that connection.

If possible, do a site inspection of the courtroom prior to your trial –

• Ask about previous technology configurations – what have other teams done?
• If available, is there a courtroom diagram? Make notes on the physical diagram.  Plan the execution of setup using the diagram – if setup time is limited, the advanced planning will help.
• Who would be the best contact person for courtroom setup, issues? Often, pre-configured courtrooms have in-house technology departments.
• Is there enough room for the legal team and hot seat? The hot seat operator should be able to see presentation and hear the attorney, but not interfere with any foot traffic or line of site for Judge or Jury.
• Counsel table size and number of chairs – consider what material Attorneys will need at the table and if you will need monitor and court reporter live feed equipment.
• Make sure you have enough room for presentation equipment. Is the gallery large enough to house flip or white board? (these pieces may be needed as a backup for the presentation if technology fails)
• Pay attention to the Judge, witness, reporter area – is there enough room for monitors (if needed)?
• Is there appropriate lighting?  Getting creative with space may require your backup system (flip board and markers) to be in a location with lower lighting.
• Can equipment be left over-night, over weekends? Court start time – tech start time (always good if you can get in before court each day and test equipment)
• Location of electrical outlets – in relation to equipment, hot seat, counsel table. This is helpful to mark on diagram.
• Does the court have an existing internet connection? If so, is there any charge or restrictions on use? Are you allowed to bring in MiFi devices?

Courtrooms without Technology

• Bring your own equipment or hire a trial technology company.
  • If the technology plan in the courtroom is large and has several points of display, it is highly recommended that you use an experienced vendor. Equipment can be expensive and the setup exact.  It is less stress for you to put this task in the hands of experts. 
• Communicate with your vendors – be specific about equipment you need, or ask the vendor to help you choose the right equipment.  Making sure you understand the technology needs of the trial team is important - you need to communicate the requirements to the vendor.
• It is good practice to always have a backup – backup projector (or bulb) backup screen, backup monitors, backup video splitter, video switch, etc. If using a courtroom technology vendor, ask them what their backup plan is.
• Is opposing side planning on using technology? If so – split the cost of renting/hiring equipment and setup person.   Most courts will encourage both sides to work this out.  
• Working with vendors – if you are an out-of-town firm, check with court clerk or court IT if they know of any local setup/equipment vendors.  
• If your presentation will have audio – make sure you have speakers that can be heard in the courtroom
• Have a BACKUP plan for your presentation. If the technology fails – how will you present the information?   Have a flip or white board with markers handy (tripod if needed).   
• TEST the audio – have a test file to play, make sure it can be heard. Test, test and test again.
• Arrive EARLY – test your equipment. You may have setup and tested the day before, make sure no one has unplugged anything overnight.

 It is important to learn as much as possible about the equipment and connections.   You may be the only technology person in court.   Even if you use a vendor to setup the equipment, you should be present and learn how everything connects.  Make notes.

 Build a rapport with the court Bailiff and court clerk.   A gracious, pleasant, and helpful attitude will go far and, can make the difference in the time the court will let you in to test and setup equipment. 

 Have a list of any and all support contacts with you – a contact for your equipment vendor, court reporter, court clerk, court security, courier service, etc – get cell phone numbers and establish a mode of communication - for example, asking a vendor if texts are faster than emails.   This can be a life saver when you need something immediately but cannot make a phone call.

Printers in Court

I have no official stats on how courts feel about printers.   In my experience, it seems that most courts will allow a printer as long as it does not create noise.   If you feel you need a printer in the courtroom – ask for approval and use a low profile, quite device.  Here are a few to review - new printers are always coming to market, so read, review and test before purchasing:

 Inkjet printers

• HP Officejet Pro 8000
• HP Officejet Mobile
• Canon PISMA
• Epson XP

*HP OfficeJet 150 (Mobile) all in one.   I have not tested this device, but like the fact that HP has built this for mobile use.  

Any of the printers that have memory card readers may be a good backup of your exhibit documents.  If you have any issue printing from your laptop or storage device, a copy of exhibits on memory cards can be helpful.  

• Always make sure that you have the proper drivers installed on any laptop that may want to use the court printer and you have tested printing.
• Bring extra ink and paper.   It is helpful to ask the court if there are any printers/copiers available for use.
• Have an empty box on hand to toss in any printed material (or other) that you will need to remove from the courtroom.

 Court Reporter

Make sure to communicate with the court reporter prior to trial.  

• Does your team require a live feed from the court reporter?
• If so, does the court reporter have a wired or wireless connection?
• What software does your team use and is it compatible with the court reporter? Most court reporter systems can communicate with Bridge (eclipsecat.com).   Allow time to setup and test with the Reporter. 
• You may also ask the court reporter if they provide devices pre-configured to display the feed. 
• Whatever software you use, make sure you can download/copy a draft of the feed. This may save your client cost of expedited transcripts.  
• Cost and delivery of transcripts – both sides should agree to the cost and delivery of transcripts.

 Packing for trial

Along with the items you will pack for the courtroom – pens, paper, mints, aspirin – you will want to consider adding the following:

• Power strip – or two: Long and short.  This is where noting electrical outlets on a courtroom diagram can come in handy. 
• Extra power cord for your laptop (and, if any of your Attorney’s need an extra – seems there is someone who always forgets there power cord). 
• Gaff tape – remember, safety first. Always tape down your power cords. 
• Thumb drives. 
• A hard drive with a backup of your presentation database (the hot seat should always have a backup - backup data, backup machine), backup copies of exhibits and any other documents you may need.
• Backup copies of databases – do you need a copy of your databases? Some teams prefer to have local copies to be able to search for items quickly.   Some teams do not find it necessary since the amount of data has been significantly trimmed by trial go date.   If you need a copy, make sure you have a local stand alone version of whatever tools you need.   TEST, test and test again.
• Breath mints – not a technology option, but an important need :)

The Unexpected

There will always be ‘something’ that was forgotten or a ‘nice to have’ for next time. Keep a working list of those things so you can build a better checklist for tomorrow.

• PRACTICE, PRACTICE, PRACTICE – it may not be easy to get your Attorney’s focus at trial. But, for the hot seat person – the practice is essential for success.   Help make sure the hot seat and Attorney have time to practice.
• Bring two of everything – two laptops, two power strips, two backup copies of data, two copies of software (just in case you need to reinstall), etc – keep a list of what you need two of.
• Be prepared to make video clips on the fly – I bring electronic copies of all depositions just in case. I also make sure that I have the appropriate sync files for all depositions (.cms, .dii or .mdb depending on your presentation software).

With time and practice, you will be as prepared for trial as you possibly can.   The important thing to note is that the checklist is a living and breathing part of trial preparedness.   Technology will change, software will advance and team needs will dictate the direction of your support.   Create your own list and continuously review.   It is helpful to share your list and experiences with others in your field.  The tips and tricks you learn from others may save you in court.