1. Courtroom Protocol and Technology
PA335 Unit 3
Courtroom Protocol and Technology

2. Courtroom procedure and evidence
Be sure to read the lecture notes on “Steps in a court trial”.
Let’s go over it briefly here.
Criminal v. Civil
Discovery process
Settlement
Trial

3. What is demonstrative evidence?
Check your state’s Rules of Evidence
Here’s a sample from Arizona:
Rule 401. Definition of "Relevant Evidence" "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

4. What is demonstrative evidence?
…trial exhibits, or visual aids, that depict evidence for the trial. They are used to explain to the jury or judge the facts of the case in a visual way. Examples include diagrams, timelines, photographs, or documents.

5. Before trial
Be sure to go through your exhibits and make sure you have them all at court
Have the clerk mark them ahead of time
Look through your opponent’s exhibits before court starts – makes trial go more smoothly

6. Demonstrative evidence
The opponent can object to evidence. When demonstrative evidence is presented, the attorney must establish the validity of the exhibit through testimony. Under the rules of evidence, the item being exhibited must be authenticated and the evidence identified (“foundation”). This evidence must be relevant.

7. Examples of foundation
You want to get some phone records admitted to show that the defendant called the victim on the night of the murder.
You have previously subpoenaed those records and you have them in your possession.
You must have a witness help you introduce these records.

8. Examples of foundation
For phone records, you need to have the custodian of records for the phone company testify that these records are true and correct copies, kept in the regular course of business (business records.) The witness explains how the records are kept, and explains what these particular records say.

9. Demonstrative evidence
An example of this is where an attorney may bring some document into evidence. The attorney will ask the witness to verify that it is the original document. He will hand the document to the witness and ask the witness if he recognizes it. He will then ask the witness to verify that the document is valid.

10. Demonstrative evidence
If a witness is not able to verify its validity, then the demonstrative evidence is not admissible. The opponent will object because the evidence is not accurate or necessary. The attorney may also object because the demonstrative evidence will cause confusion or mislead the jury. The judge is the person who decides if the evidence will be admitted.

11. Paralegal’s duties re: use of presentations in the courtroom
Depends on lawfirm where you work
Powerpoints for opening statement/closing argument
Videotaped depositions that will need to be presented because the witness is unavailable
Prepare arguments for admission
What else can you think of?

12. Duties of the paralegal
Back up the presentation with at least one alternate plan (USB, disk, hard drive etc.)
Do practice runs with the attorney
Be available in court to help
Have a back up person to help (depends on staff where you work)

13. Unit 3 Project
For your Unit 3 research project, you will research the use of technology in the “court community.” A good place to start your research is The National Center for State Courts (NSCS)
The court technology bulletin: tm
offers insight into new technologies that court systems are exploring and implementing.

14. Unit 3 Project
Your research paper should be pages and should cover at a minimum:
1) the historical development/events (a timeline so to speak) that has influenced the court systems' move to use technology for any number of tasks and services,
2) the types of technologies employed (e.g., case management software, eDiscovery),
3) standards, and
4) collaborative partnerships (joint ventures).

15. Unit 3 Project
HINT: From the main NCSC tech site
click on Joint Tech to get started on developing the historical sequence of events and what has led to what.
In addition to fulfilling the specifics of the assignment, a successful paper will meet the following criteria:

16. Unit 3 Project
Length should be pages, excluding cover page and references page
Viewpoint and purpose should be clearly established and sustained
Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
Writing should be well ordered, logical and unified, as well as original and insightful

17. Unit 3 Project
Your work should display superior content, organization, style, and mechanics
Appropriate citation style should be followed
More details can be found in the PA335 grading rubric, located under DocSharing

18. Next week: Unit 4
SMARTDRAW
SOFTWARE