PA335 Unit 3

Courtroom Protocol and Technology

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

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.

…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.

What is demonstrative evidence?

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

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.

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.

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.

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.

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.

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?

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)

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) http://www.ncsconline.org/

The court technology bulletin:

• http://www.ncsconline.org/d_tech/archive/Bulletin/bulletinarchive.htm

offers insight into new technologies that court systems are exploring and implementing.

Unit 3 Project

• Your research paper should be 4 - 6 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).

Unit 3 Project

• HINT: From the main NCSC tech site http://www.ncsconline.org/D_Tech/

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:

Unit 3 Project

• Length should be 4 - 6 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

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

Next week: Unit 4

SMARTDRAW

SOFTWARE