Electronic and virtual trials are becoming more and more commonplace in courtrooms and tribunals around the world. But what does it really mean to run an electronic trial (or eTrial)?
In this post we will answer the following common questions about eTrials:
- What is an electronic trial (eTrial?)
- Is there a difference between eTrials and electronic trials?
- Is there a difference between eTrials and paperless trials?
- Is there a difference between eTrials and virtual trials?
- What does an eTrial look like in practice?
What is an electronic trial (eTrial)?
According to Kate Gower, an eTrial specialist, "An E-Trial is a trial that uses electronic technology, hardware (computers and monitors) and software (the programs that run on them and agreed-to protocols and processes), in place of some – or all – of the traditional paper processes."
Essentially, eTrials use electronic evidence rather than physical evidence. The parties, judge, and court administrators all work in a shared database of evidence and court records,
Is there a difference between eTrials and electronic trials?
There is no difference between eTrials and electronic trials. The word eTrial is simply a contraction of the phrase "electronic trial".
Is there a difference between eTrials and paperless trials?
eTrials are paperless by nature, so there is no difference between paperless trials and eTrials. Any hearing that uses electronic evidence rather than boxes and binders of paper is a paperless trial. However, paperless hearings are usually not called eTrials unless they use specific eTrial software like eTrialToolkit.
Is there a difference between eTrials and virtual trials?
There is a difference between eTrials and virtual trials. eTrials can take place in a physical courtroom or via videoconference, whereas the 'virtual' in virtual trial indicates that the hearing takes place over teleconference or videoconference with parties in separate locations. (Read more: How to Host a Virtual Trial)
What does an eTrial look like in practice?
In an eTrial, documents are submitted and presented electronically in an electronic court book controlled by a central operator, while also allowing remote participation in real-time. High-definition screens are placed around the courtroom, so everyone including the judge, witness, counsel and clients have the same document in front of them at all times. Paginated hardcopies in tabulated folders are replaced by the presentation of documents on monitors located at the bench, bar tables, and witness box. As a result, eTrials negate the need for paper documents in preparation and throughout the course of a hearing, leading to massive reductions in both cost and duration of a hearing (NuLegal).
The benefits of an eTrial are summarized by NuLegal as:
- Fast and secure access to documents
- More efficient work processes
- Simple and effective evidence presentation
- Uninterrupted cross-examination
- Hyperlinked transcript
- Confidential and secure
It's important to plan in advance for eTrials. Court registrars and lawyers should know and understand the various eTrial software options before going to trial (now is a good time to get a free demo). As Stuart Rudner, founder of Rudner Law in Toronto, says, “You can’t just show up on the first day of trial and say you want to do it electronically and then figure it out that morning." However, it's clearly worth putting the time in to learn, because eTrials benefit everyone involved.
“A number of us have iPads now, and I can’t tell you the last time when I’ve taken a cart home or a box home or one of those big legal briefs with the wheels.” Benjamin Na, Partner at Gowling WLG
Are you interested in running electronic trials? Contact us or get a demo to learn more about how eTrialToolkit makes electronic trials simple.
