The Online Courtroom

Name: The Online Courtroom | Leveraging Remote Technology in Litigation
Brand: American Bar Association
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Leveraging Remote Technology in Litigation

Richard Gabriel Kenneth Broda-Bahm(Herausgeber*in)

American Bar Association (Verlag)

Erschienen am 6. April 2022

378 Seiten

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Beschreibung

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Inhalt

Intro
Title Page
Copyright Page
Contents
Introduction
Acknowledgments
About the Editors
About the Authors
Part One Challenges and Opportunities of Online Litigation
Chapter 1 Why Take Litigation Online? Disruption and Innovation
A Year of Disruption
New Challenges, New Opportunities
Additional Future Benefits of Online Litigation
Chapter 2 Views from the Bench
Summary
Procedural Justice
Hearings
Trial Courts
Appellate Courts
Bench Trials
Jury Trials
The Debate
The OCP Demonstration Civil Jury Trial
The Alameda County Experience
Hybrid Trials
Conclusion
Chapter 3 Views from Counsel Table
Introduction
Selection and Control of Trial Technology
Jury Selection
Court Reporter
Jury Attention
Trial Exhibits and Evidence
Opening Statements/Closing Argument
Jury Deliberations
Observations of Appellate Counsel
Counsel's Perspective
Chapter 4 Views from the Witness Box
Online Courts Remove Geographic Limits for Witnesses
Online Trials Aid Witness Convenience
The Virtual Waiting Room
Online Testimony Requires a Technology Check
Online Testimony Requires Adaptations in Communication
Online Testimony Requires Special Considerations in Evidence Handling
Online Testimony Saves Money
Online Testimony Adds Comfort and Convenience
Conclusion
Chapter 5 Views from the Jury Box
Juror Support for Online Trials
Broadly, It Works
The Justice System Is Able to Carry On
There Are Some Efficiency Advantages
Being at Home Is More Comfortable
The On-Screen Visual Field Has Some Advantages
Deliberation Is Still Effective
Social Connection (Bonding) Is Still Possible
The Jurors' Perceived Challenges of Online Trials
Attention Can Be More Difficult
Body Language Reads Differently
Interaction Is More Challenging
There Is a Learning Curve
Sound and Video Glitches Can Occur
There Are Delays
Some In-Person Features Cannot Be Easily Replicated
Conclusion
Chapter 6 Meeting the Technical Challenges of Online Litigation
Introduction
How This Chapter Is Organized
Courtroom Technology Pre-COVID
"Online Trials Cost Too Much"
Court Technology Costs
The Hidden and Not So Hidden Costs of In-Person Trials
Why Budget for Online Trials When the Pandemic Is Almost Over?
Reimagining the Courtroom
Costs of Data Storage
"Costing Too Much" Is a Value Judgment, Not a Fact
Party Technology Costs
Juror Technology Costs
"The Learning Curve Is Too High"
"Managing Online Jury Selection Is Too Hard"
"You Cannot Pick a Jury through a Screen"
"Monitoring Online Juries Is Too Hard"
"Document Handling Is Too Hard"
"Public Access Is Too Hard"
"Online Trials Are Too Insecure"
Program and Data Security
Reconciling Public Access with Privacy and Security Concerns
"Online Trials Cannot Reproduce the Gravitas and Power of In-Person Trials"
Where to Go from Here
Chapter 7 Addressing the Legal Permissibility of Online Litigation
The Question of Permissibility
Analysis
Public Trials
The Seventh Amendment and State Equivalents
The Confrontation Clause
Arraignments
Federal Rules of Civil Procedure and State Analogues
Recent Developments
Western District of Washington
Supreme Judicial Court of Massachusetts
Supreme Court of New Jersey
Conclusion
Chapter 8 Preserving the Representativeness of Jury Pools in Online Trials
Introduction
The Promise and Realities of Representation Pre-COVID
What Is a "Representative" Jury Pool?
Barriers to Jury Service
Pre-COVID Juror Show Rates Vary Widely in Both State and Federal Courts
Summary
What Is the Current State of Broadband and Computer Access in the United States?
Access to "Computers" in the Home
Broadband Internet Access
"Off-Line" Americans
Summary
Jury Pools in Online Trials
Some Judges Are Opting for Online Jury Selection and In-Person Trials
Data from Online Trials
Texas
King County, Washington (Seattle Metro Area)
Maricopa County, Arizona
Florida
Best Practices to Ensure Representative Jury Pools in Online Proceedings
Conclusion
Part Two Best Practices in the Online Litigation Process
Chapter 9 Online Client and Witness Meetings
Online Meetings Generally
Provide a Reminder and a Record on Confidentiality and Attorney-Client Privilege
Do an Equipment Check in Advance
Make Meetings Shorter, but More Numerous
Potentially Include More People
Make Sure All Active Participants Are on Camera
Best Practices Specifically for Witness Preparation Meetings
Address Confidentiality and Protected StatusSet the Foundation
Prepare the Witness for Questions about Off-Camera Resources
Pay Attention to Setup and Camera
Check Their Space in Advance
If Preparing for Remote Testimony, Use the Same Platform
Play to the Uniqueness of the Format
Keep Some Informal Conversation
Practice the Testimony
Do Not Overload
Consider Recording Practice
Conclusion
Chapter 10 Taking and Defending Online Depositions
Introduction
Adoption and Mastery of Remote Technology
Equipment
Exhibits
Video Recordings
Background and Lighting
Technical Glitches
Adaptation to New Strategies
Witness Preparation
Defending Remote Depositions
Taking Remote Depositions
Other Considerations
Chapter 11 Online Arguments to the Court
First Step: Set Up Your Courtroom or "Studio"
A Strong Internet Connection
Free of Distractions, Including Your Background
A Place to Present Where You Can Be Properly Lit, Framed, and Heard
Second Step: Learn and Practice with the Technology
Third Step: Learn and Practice New Protocols and Judicial Preferences
Fourth Step: Figure Out Where to Put Your Materials and How to Communicate with Co-Counsel or Client
Fifth Step: Plan and Prepare as You Normally Would with All of the Above in Mind
Final Step: If Something Happens, Relax or Employ Your Backup Plan
Conclusion
Chapter 12 Credibility and Communication in an Online Environment
Eye Contact
Body Language and Nonverbal Communication: "The Camera Will Read Your Mind"
Gestures
Sitting or Standing
Voice
Setup
Other Considerations
Notes
Assistance
Clothes
Eyeglasses
Final-but Vital-Tips
Relax, and Accept That You Cannot Control for Everything
Do Not Forget Your Witnesses
Chapter 13 Implementing Technology for Remote Trials
Introduction
Courtroom Setup Options: In Person, Remote, Hybrid
The Traditional In-Person Trial
Remote Trial
Hybrid Trial
Personnel
For the Courts: Technical Bailiff-Implementation
For Counsel: Hot Seat-Electronic Display of Evidence
Cost of Doing Business
A Room with a View: A Studio Primer
Location
Camera
Microphone
Lighting
Monitors
Speakers and Headphones
Backgrounds
Optional Accessories
Implementation
Viewers
Presenters
Hosts
Best Practices for Technology during Online Proceedings
Online Trials Require You to Be Online
The Presenter Always Connects Twice
Share and Share Alike
Streamlining the Presentation
Customizing Your View
Framing Your Shot
What You See Is What You Get
Testing, Testing
Now That Everything Is Perfect, Lower Your Standards
Chapter 14 Managing Jurors in the Virtual Courtroom from Summons to Deliberation
The Virtual Courtroom: An Overview
What Does the Virtual Courtroom Look Like?
Virtual Courtroom Staff
The Jury Summons
How Many Jurors to Summon?
Making First Contact with the Jurors
Screening for the Ability to Serve Virtually
Accommodating Jurors Who Cannot Report Virtually
Pretrial Technical Check
Why the Need?
Timing
Staffing and Breakout Rooms
The Technical Check Process
Voir Dire
Options for Managing Jurors during Jury Selection
Checking In for Voir Dire
Instructions to Jurors
Move to Courtroom
Selecting the Jury
Seated Panel
Trial
Arrival Time
Daily Check-In Process
Conduct in the Jury Room
Arranging Jurors in the Courtroom
Handling Exhibits
Observing Jurors throughout the Trial
What If You Lose a Juror during Trial?
Deliberation
Conclusion
Chapter 15 Online Jury Selection
Online Juror Questionnaires
Online Juror Summons
Online Supplemental Juror Questionnaires
Benefits of Online Supplemental Juror Questionnaires
Use and Analysis of Supplemental Juror Questionnaires
Recommendations and Best Practices
Online Voir Dire and Jury Selection
Struck Method
Sequential Method
Distinction between Mixed and All-Virtual Jury Selection Procedures
Conducting Virtual Voir Dire
Recommendations and Best Practices
Court
Attorneys: Technical and Procedural
Attorneys: Voir Dire Questioning
Final Thoughts
Chapter 16 Online Testimony
Using the Pretrial Order to Set Ground Rules for Testimony
The Remote Witness Stand
Trial Exhibits
"Courtroom" Decorum
Trial Objections and Sidebars
Organizing Your Trial Exhibits for Direct and Cross-Examination
Organizing Your Workspace for Effective Witness Examination
Preparing for Direct Examination
Preparing for Cross-Examination
Expert Witnesses
Conclusion
Chapter 17 Online Use of Trial Exhibits and Demonstratives
Box.com versus ShareFile
Handling Exhibits Remotely
Illustrative Materials
Displaying Exhibits
Physical Exhibits
Demonstratives
Types of Demonstratives
Bigger Is Better
Less Words, More Pictures
Annotations
Video Playback
Chapter 18 Instructions for Online Juries
Conclusion
Chapter 19 Socially Distanced and Online Jury Deliberations
Introduction
The New Challenges for Jury Deliberations during the Pandemic
What We Know about Jury Deliberations in the Socially Distanced Courtroom
What We Know about Jury Deliberations in the Virtual Jury Room
Best Practices for Remote Deliberations
Chapter 20 The Future of Online Litigation
Efficiency and Economy
Technology
Access
The Great Equalizer
Conclusion
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F

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