5.9 Use of Technology in Presenting Evidence at Trial

• Library: Federal Civil Practice in Virginia (Virginia CLE) (2023 Ed.)

5.9 USE OF TECHNOLOGY IN PRESENTING EVIDENCE
AT TRIAL

5.901 The Fact Finder's Retention Problem.

Studies show that typically after 72 hours people only remember about 10 percent of information presented to them orally. ¹⁴¹¹ An individual's retention rate jumps to between 65 percent and 80 percent when the same information is presented both visually and orally. ¹⁴¹²

5.902 Methods of Presentation.

A. Traditional Methods.

1. Poster boards;

2. LaserDisc presentation;

3. CD-ROM;

4. Overhead projectors; and

5. Charts.

B. More Modern Methods of Presentation.

1. Computers;

2. Evidence cameras;

3. Digital projectors;

4. Annotation equipment;

5. Video; and

6. Computer animation or re-creations in real time.

C. Developing a Trial Strategy for Technology Use.

1. Define the case and its themes;

2. Determine opportunities for visual illustration;

3. Do not use one type of visual evidence;

4. Select the most appropriate technology medium;

5. Base selection on what will persuade jurors or judge, not on what the expert witness feels will be helpful;

6. Prepare to properly use technology during the trial;

7. Consider using technology in settlement discussions; and

8. Identify issues regarding admissibility. ¹⁴¹³

D. Admissibility and Permissible Use of Technology Services at Trial.

The Federal Rules of Evidence provide the following requirements for use of videotapes and other technology services at trial:

1. F ed. R. Evid. 1001: The admissibility of videotapes is governed by the same rule as photographs;

2. F ed. R. Evid. 901: Videotapes must be authenticated either on their own or as supporting evidence to an expert's testimony;

3. F ed. R. Evid. 402: Videotapes must be admissible and relevant; and

4. F ed. R. Evid. 403: The probative value of videotapes must outweigh possible prejudicial effect.

Satisfaction of these requirements should permit the use of technological device evidence.

5.903 Courtroom Technology.

A. Eastern District.

The Eastern District now has evidence presentation systems available in Alexandria, Norfolk, and Richmond. ¹⁴¹⁴ The court's evidence presentation systems enable attorneys to present evidence simultaneously to everyone in the courtroom via a network of LCD display monitors. The court's evidence presentation systems consist of a digital document camera, laptop computer input connections, and LCD display monitors for the judge, witness, counsel tables, and jury.

According...