A trial technician puts all your exhibits, video and other evidence on-screen at your command. They will enlarge the paragraph you need (called a “call-out”), and highlight the lines if necessary. A tech may play clips from synchronized deposition video, which display the transcript text playiong in synch with the testimony. Clips are typically created in advance, but can be made on the fly.

The tech has everything you could show to a jury in their computer, managed by specialized software, ready to present. You simply have to ask for the exhibit number, a page and a paragraph, and they will make it appear. The trial tech manages this database, and that’s all they do during the trial.

2. What does a trial technician do prior to trial?

Pre-trial, the technician prepares the deposition video by synchronizing, edits other video and audio files, checks files to ensure they work properly and solves problems with anything that needs to be shown to the jury. They get the final set of exhibits from you and load them into the database. They frequently create graphics for opening statements, such as document call-outs or timelines. They also consult with the attorneys about potential presentation issues to ensure fewer hiccups during trial. Rehearsing the presentation process is also a good idea if one has never used a trial technician before.

3. Why should I hire a dedicated trial technician for my trial?

The trial technician saves you valuable time by having every exhibit ready and up on the screen when you ask for it. They take that task off the attorney’s plate so the attorney can focus on the case, the judge, the opposition and the jury. Less time spent digging through banker's boxes means more time for more evidence. By using an experienced trial tech, you can make use of every tool and feature available, in the quickest time possible. The presentation looks professional and distraction-free. An inexperienced staffer, simply cannot keep up with the demands of trial.

4. Is there a tutorial about working with a trial technician available?

Yes, DCM can provide you and your trial team with a live tutorial and demonstration of how exhibits are presented in a trial presentation environment, how deposition clips are handled and how to incoporate other media files. You'll learn the language and the routine of trial presentation, and you may learn about some tools and options that you didn't know were available.

Working with a trial tech is like riding a bike: Not difficult, you can do it without thinking, but you do have to take a little time to learn the basics. Then, a little bit of practice makes it easy.

5. Are trial technicians using special software for trial presentation?

Yes, they use dedicated software designed for presenting documents, video, transcripts and more, as well as having annotation tools. But you, the trial attorney, do not need to learn how to use the software. You should, however, take some time to learn how to best exploit your trial technician.

6. When should I bring a trial technician onboard the trial team?

1st Answer: A competent trial technician can respond to an emergency call and show up the same day to begin presenting your exhibits.

2nd Answer: Ideally, a trial tech will start in on pre-trial work one or two weeks ahead of the anticipated trial start date, depending on how many depositions need synchronizing, any other technical issues, and give the trial team a tutorial/demo.

3rd Answer: It doesn’t hurt to consult with a trial tech well in advance, to make sure you’re aware of what you need to do when trial looms near. Have a particular concern? Want to practice working with a trial tech? Do you have to present depo video in lieu of live testimony? Need to record a site inspection? A trial tech can help you.

7. What are “Impeachment Clips”?

An impeachment clip is a edited piece of video taken from a witnesses’ deposition that covers one question and answer. If a witness gives a different answer in court than they gave in deposition, the deposition clip is played back for the jury, thus impeaching the witness. It is not unusual to have dozens of clips prepared before trial, to be used if and when needed.

8. How do I get deposition video clips prepared for courtroom playback?

Depo video prep is the most time-consuming aspect of trial presentation, so I’m glad you’re reading this now. If your deposition video hasn’t been synchronized, contact DCM – Digital Case Management to get it synchronized. Synchronizing a depo can be completed in a few hours, depending on how long the video is and how many you have. You may want to do this now, before your tech is busy with other prep tasks. (You’ll also need an ASCII, text or .ptx version of the transcript.)

You’ll need to designate what sections you want clipped for use as potential impeachment. A back-and forth exchange follows in which, together, we hone your clips to their final form. Schedule a tutorial with us to learn how and make the best use of your time.

But, if you need to use depo video in lieu of live testimony, that’s a whole different question!

9. How do I use deposition video in lieu of live testimony?

Video used in lieu of live testimony can come about because it was planned all along, or due to exigent circumstances at trial. Expert testimony is routinely recorded with the intent to show in lieu of a live appearance. Sometimes the number of witnesses make video testimony more practical. Sometimes a witness falls ill or dies. Some depositions are video recorded with these possibilities in mind.

However, you will not be simply playing the deposition video from beginning to end. Courts usually won't allow that, and its not very practical for your case, either. Only the necessary parts of the video will be shown.

Your first step is to create a designation list with everything you want to present. Give this to your trial tech and you’ll get back a clip report with all the clips’ text, and nothing that was excluded. (This is a handy document with many uses.) The other side will also get to include their choice of designations. You will negotiate with opposing counsel and come to terms as much as possible. Ultimately the trial judge will rule on your outstanding objections at a special hearing, so be sure to include this step in your pre-trial motions.

For more details about this process, check out our video tutorial on the topic. (Coming soon!)

10. Can a trial technician create graphics & help with my opening presentation?

Your trial tech can create a screen image containing any document with passages called-out and lines highlighted, and save that as an image for your PowerPoint slideshow. This includes: documents with call-outs and annotations; depo clips played back with synched transcript; any multi-media files edited to purpose; timelines to show a clear sequence of events. A trial technician is usually competent with the graphing and charting functions of Powerpoint.

Your trial tech can also make sure you have adequate equipment for best presentation, and can run the slideshow on their computer. You have the option of running the slides with a clicker yourself, if so desired.

11. Doesn’t high-tech presentation make my client look too sophisticated, wealthy and unrelatable?

In a word: No. In fact, the opposite is true.

Everybody in your jury has been living on Earth the past few years, and have seen high-tech presentation become a crucial part of nearly every thing we do in our daily lives, or see on television and films. Before the showed up for jury duty, jurors have been using photo & video software to post their own creations on social media. The jury is expecting a competent presentation using modern tools.

There was a time when an attorney could start out their tech-free defense with the statement, “Well, I’m a simple country lawyer and I don’t got none of this fancy electronic stuff…” and maybe score some points. Today, not having a competent presentation is likely to just irritate the jurors.

12. Does the trial tech provide the multimedia equipment?

DCM – Digital Case Management can provide the multimedia equipment necessary for a sophisticated trial in a large courtroom. Anything we don’t have in-house we will coordinate with outside vendors to provide. We’ll work with the court to schedule the set up and break it all down when trial is over.

Please make arrangements to have us take the lead with providing equipment for both sides. The equipment we provide is the best quality and impartial, working equally well for whoever uses it. The last thing you want is competing setups in the courtroom.

13. What does a trial technician need from the trial attorney to ensure a better presentation?

Reach out to your trial tech early. Tell them what you plan to present, whether you have video depositions, other types of video or audio files, and how many documents you expect to show. Discuss any pictures or documents that you think might need special handling.

Provide your depositions for synchronizing earlier rather than later. Provide all of your video and audio files earlier rather than later, so they can be checked and edited, if needed.

Only provide exhibit documents in digital form, with exhibit numbers, after the list and content is finalized. Provide the digital set of opposing counsel's exhibits as soon as they are available.

If you have never done so, schedule a tutorial to learn how to use a technician in a trial setting. There are a few new steps involved, and its kind of like learning how to ride a bike with slightly different steering system.

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