Most lawyers, Judges, legal administrators and participants are regular users of IT in their daily life and increasingly expect to rely upon modern systems in their daily practice (Jeremy Barnett). "Someone said recently we’ve seen more changes in the last four to 10 days than we saw in the last four to 10 years,” said Hank Greenberg, president of the New York State Bar Association. This is as true around the world as it is in New York. For example, there were 550 hearings in the U.K. using audio or video technology on March 23, the day Britain announced its social distancing lockdown, according to data published by the government on Tuesday. By April 6, the last day of the study, that figure had surged to nearly 3,000, or 85% of hearings (Bloomberg).
"Some court systems see an important future role for the technologies currently getting them through the pandemic." (Bloomberg)
Virtual courtrooms and trials may have been rushed in by the COVID-19 lockdown, but the experts are telling us that they are here to stay. If you are a lawyer, judge, or court administrator, you should know these useful and, in many cases, essential courtroom technologies.
What is a virtual courtroom?
A virtual courtroom is essentially a traditional courtroom that takes place online. According to the SCNSW, "A Virtual Courtroom brings the physical courtroom to a virtual space. It is a digital method for court cases to be progressed without the need for participants to attend in person." The proceedings take place as they traditionally have, but the participants are gathered via video or teleconference rather than in a physical courtroom.
Read more: How to Host a Virtual Trial
"Many technology enthusiasts claim that a party using technology to present argument and evidence may have the upper hand when compared with those who use no technology to aid their presentation." (ABA)
Essential virtual courtroom technology
According to the American Bar Association and eTrialToolkit, these are the essential virtual, or technology-enhanced, courtroom technologies:
- High-speed, stable internet connections. Since the courtroom will be taking place via videoconference, it is essential that all participants have fast (over
- Video displays for all participants. The presentation of evidence takes place via video or eTrial software (see below) so each participant should have access to a video display or monitor. If you use a laptop or computer, this will not be a problem.
- High quality webcam (and microphone) for all participants. Most laptops and many PCs and Macs have a built in webcam, but if yours doesn't then you should consider purchasing a USB webcam. In addition to a webcam, all participants should have a high quality microphone for addressing the court. The built-in option or a good set of headphones should suffice.
- Evidence camera. When it comes to entering new, non-electronic exhibits during trial, it is useful to have a high-resolution camera for taking photos for the record. If you are using an eTrial tool, they can be immediately uploaded during the trial.
- Electronic storage of exhibits. When coordinating a virtual trial, having a central database of the exhibits and other documents is essential. This can either be provided and managed by the parties, or the court administrators can provide and manage the central database of evidence. Being able to display and stamp exhibits brings rigor to the process, and creates a solid record of the proceedings. These features are commonly included in eTrial software.
As they say in the article, "Technology-based evidence presentation, once learned, is substantially faster than moving a physical exhibit around the courtroom." This is true not only of technology-enhanced traditional courtrooms, but also of virtual trials. And with the right hardware comes the need for the right software.
Useful virtual courtroom software
In addition to hardware, we highly recommend these useful virtual courtroom apps and software:
- Videoconferencing (Zoom, Microsoft Teams, Skype, GoToMeeting). This is necessary for a video-enabled virtual trial. Many eTrial software has integrations for videoconferencing tools, but if you are not using an eTrial tool you can still use any secure video communication software.
- eTrial software. eTrial or eCourt software is designed to manage electronic and virtual trials from end-to-end. By using an eTrial software you will simplify the process of collecting evidence, managing case files including transcripts and case law, and much more. It makes virtual trials much more smooth and efficient for all parties (Read more: Top eTrial Software).
- Digital Case System. Many courts are using DCS to manage multiple cases and trials. While they make the process easier for individual trials, they also simplify the management of courts with multiple ongoing virtual hearings (Read more: What is a DCS?)
If you are preparing for an upcoming virtual trial and would like some assistance, or if you are looking for an eTrial software provider trusted by courts like yours, please contact us.
