The objective of this topic is for you to understand the principal technologies used in litigation, both from the perspective of the parties to litigation, and from that of the Court and its workflow.

1.2. Overviews and brief history of Australian developments

Greenleaf and Mowbray Information Technology in Complex Criminal Trials (1993, AIJA), although now relatively old and definitely pre-Internet, was the first major report on courtroom technologies in Australia - see A summary of the AIJA Report and the Recommendations . The summary sets out the issues surrounding the main technologies used in Courts. The full Report is at Information Technology in Complex Criminal Trials [1993] COL 1

These questions follow on from the 1993 Report, and should be considered when reading the later documents:

How much progress has been made since 1993?
To what extent have courtroom technologies changed since 1993?

Greenleaf and Mowbray Trial technology - A national strategy? (Three years after the AIJA 'IT in Complex Trials' Report) IIR Conferences (1996) is a brief update to 1996, notable mainly for advocating use of internet protocols as a means of resolving the problems of standards that featured throughout the 1993 Report.
Australian Law Reform Commission (ALRC) Issues Paper 23 Chapter 2. Technology and dispute resolution -- an overview (1998) gives a version of developments to 1998, including a summary of the current case management projects in various Federal and other Courts. The discussion is at a general level.
Allison Stanfield Cyber Courts (or the Dark Queens Domain)' (1998) - an overview article

1.3. General resources

The following resources provide information about many aspects of court technologies and litigation support:

Australia

The Computerisation of Law (CompLRes) database on AustLII has many articles on litigation support issues and court technologies, some from AustLII's Law via the Internet Conferences.
The Australian Institute of Judicial Administration (AIJA) Technology for Justice Conferences Substantial collections of papers are available from the 1998 Conference and the 2000 Conference (only a few as yet).
World Law Index:Computerisation of Law:Litigation Support
Greenleaf and Mowbray (1993) Information Technology in Complex Criminal Trials [1993] COL 1
Australian Law Reform Commission Issues Paper 23 Technology - what it means for federal dispute resolution (1998)

USA

Selected articles from the Court Technology Bulletin (National Center for State Courts, USA)
In 1998 the National Center for State Courts, USA asked representatives from the private and public sectors to answer five questions related to court technology. The responses are at Reflections on Technology in the Courts - summary and Reflections on Technology in the Courts - complete responses (National Center for State Courts, USA)

2. The main technologies for litigation support

The key technologies for litigation support and computerised courtrooms can be grouped as follows:

Technologies for handling the transcript of a case while it is running (and that of previous related cases). The same technology may be used to deal with witness statements.
Exhibit management technologies, particularly systems for classifying exhibits, and document imaging systems.
Presentation graphics to summarise and simplify the presentation of evidence in Court (and in pre-trial negotiations).
Court filing systems allowing Court process to be filed in electronic form, thereby creating the possibility of completely computerised records of the course of litigation, both pre-trial and (using the preceding three technologies) during the trial. An 'electronic appeals book' then becomes possible.

The other factor that must always be kept in mind is the need to effectively integrate these different technologies, so as to allow interconnections between different categories of information used in litigation.

2.1 Examples of 'computerised courtrooms'

'Computerised courtrooms' are just implementations of the various technologies relevant to litigation, either on a permanent basis for all matters heard in a particular courtroom, or in a courtroom converted on a 'one off' basis for a trial which will make heavy use of technology.

Courts administrations in Australia and elsewhere have been slow to implement permanent computerised courtrooms, but this has now started to occur with at least one courtroom in most Australian jurisdictions. Far more common to date has been the courtroom fitted for the particular needs of a very large trial / inquest / royal commission, and then decommissioned once it is concluded (eg the Wood Royal Commission into the NSW Police Force).

The following papers discuss particular computerised courtrooms:

~~<IMG ALIGN=MIDDLE SRC="http://www2.austlii.edu.au/itlaw/required.gif">~~ Courtroom 21 at the College of William & Mary and the National Center for State Courts (NCSC), Virginia, USA. This facility modestly claims to be 'The most technologically advanced courtroom in the world'. Is it?
Foo Chee Hock, Senior Deputy Registrar, Subordinate Courts, Singapore Judicial Philosophy in Information Technology Strategy (AIJA Technology for Justice Conference 1998)
Justice Tim Smith, Supreme Court of Victoria and. Ian Chivers, Systematics Pty Ltd The Estate Mortgage Court System (AIJA Technology for Justice Conference 1998) [see further papers on this courtroom below]
Davidson and Warren http://www2.austlii.edu.au/cal/papers/davidson_warren.html Using Internet Technologies To Facilitate Court Processes (1997) AustLII Law via the Internet '97 Conference reports on the Gretley Colliery enquiry, one of the first extensive tests in Australia of internet technologies for litigation support.

3. Computerised transcript

Greenleaf and Mowbray Chapter 4. Transcript - supplying 'clean water' in (1993) Information Technology in Complex Criminal Trials [1993] COL 1 - This Chapter describes the various steps (and alternatives) in the use of transcript in litigation, from data capture to retrieval software, and issues such as defence access in trials, and concludes:

The most important factor determining the extent to which computerised retrieval of transcript will improve the conduct of complex trials is the timely provision of transcript in a standardised form which can be used by as many retrieval programs as possible. Second in importance in the informed choice of retrieval software by prosecution, defence and the court, and the availability of sufficient resources and training for each to make effective use of this technology. Third in importance is the provision of courtroom facilities for retrieval and display of transcript, whether or not real-time CAT is used. A further factor of general importance is access by the defence to litigation support facilities.

Have these factors changed since 1993?

Vicky Harris, Director, Lexetch Pty Ltd Overview of Computerised Transcripts (AIJA Technology for Justice Conference 1998)
Dave Harrison, Future Technology Resources Pty Ltd Digital Audio Transcripts (AIJA Technology for Justice Conference 1998)
Chris Priestley, Ringtail Solutions Pty Ltd Real-time Transcripts (AIJA Technology for Justice Conference 1998)

3.1. Examples of transcript provision

Longford Royal Commission - iTranscript - Internet Realtime Transcript - Demonstration of internet provision of transcript via the internet (Victoria) iTranscript from Ringtail Solutions and the real-time transcript from Victorian Government Reporting Service (VGRS)
Auscript - see their Court Reporting Services and Legal Support Services for both generation and retrieval of transcript.
High Court of Australia Transcripts (on AustLII) - an example of internet provision of transcript.
Examples collected by Archie Zariski (Murdoch).

4. Document imaging and exhibit management

Greenleaf and Mowbray Chapter 5. Exhibits and other documents - managing paper mountains in (1993) Information Technology in Complex Criminal Trials [1993] COL 1 - This Chapter describes the different

4.1. Examples

Articles on the Estate Mortgage Case (Ringtail Solutions site) - see particularly 'Netting The Paper Deluge' - Note the use of the internet, and the extent of integration between the different technologies.
James Wilson (Ringtail Solutions, Vic) Cyber courts and justice information portals 999] CompLRes 8 (Paper presented at AustLII's "Law Via The Internet '99" conference)

4.2. Additional reading

Carter C. Cowles - Court Technology Reports Volume 5 Document Imaging (1995)

5. Presentation graphics

Greenleaf and Mowbray 7. Presentation graphics and summaries - simplifying complex evidence n (1993) Information Technology in Complex Criminal Trials [1993] COL 1

5.1. Examples

Animators at Law (USA), including their Services and Samples, and particularly the articles written about their work
Litigation Graphics Technology (USA), particularly the pages on forensic animation

6. Court filing systems / electronic appeal books

6.1 Australian developments

The Council of Chief Justices of Australia and New Zealand Electronic Appeals Project (1998) is probably the most significant initiative to come from the Courts themselves, and goes beyond technology used in the Courtroom to the complete flow of a matter through the appeal process.
Work on the project includes [The CCJ site was down at the time last checked]:

Tony de la Fosse (Senior Deputy Marshall, High Court of Australia) and Bruce Finlay (Assistant Director, IT Policy and Planning, Federal Court of Australia) hThe Council of Chief Justices Electronic Appeals Book Project. [1997] CompLRes 6 - early background
Jo Sherman and Allison Stanfield Electronic Appeals Project - Final Report (1998)
Electronic Appeal Book Prototype, with two examples
\tThirteen recommendations to the Council of Chief Justices, on some of which there have been decisions.

6.2 Overseas developments

News Mexico State Judiciary Electronic Filing System - An extensive trial is underway (presentation at AIJA Technology for Justice Conference - not yet on web)