what does presentation mean in court

What is a Trial Presentation? Everything You Need to Know

by Carolina Barbalace | Jul 31, 2023 | Present in Court | 0 comments

Attorneys go to court ready with a trial presentation. So should you. 

You may be asking yourself, what is a trial presentation?

A trial presentation is a visual and legal aid designed to present your evidence, argument, and legal analysis in a way that is easy for the judge to follow and understand. 

Why is it important to use a Trial Presentation?

Make your case stronger: .

You want to be as persuasive as possible when you’re in court. A trial presentation helps you present your evidence in a way that’s easy for the judge to understand and see the strength of your case.

Preparing a Trial Presentation not only helps you present your evidence effectively but also assists you in organizing your thoughts and arguments. With a well-structured outline and identified key points, you can ensure that you cover all the important information in a logical and easy-to-follow way.

Show the Judge You’re Credible:  

When you’re in court, it’s important to come across as credible and prepared. With a trial presentation, you can showcase your evidence professionally and organized. The judge will see that you’ve made the effort to build a strong case and deserve their serious attention. It also demonstrates that you value the judge’s time and are conscientious.

Also, a trial presentation can make the judge more engaged and focused. By using visual aids, such as graphs, charts, and photographs, you can capture the judge’s attention and help them to better understand your argument. These visuals bring your case to life and make it easier for the judge to follow along.

What should be included in a Trial Presentation?

Opening statement:.

The beginning of your trial presentation is crucial. It all starts with an opening statement that sets the stage for your case. This statement introduces the judge to the important facts, aligning them with the specific legal elements involved. It’s your chance to clearly state what you seek from the judge.

When crafting your opening statement, remember that it shapes the impression of your entire case. You want to convey confidence, organization, and preparedness. Keep it concise, focusing on the key facts that support your argument. Avoid overwhelming the judge with unnecessary details.

Include a chronological timeline of the events and evidence in your case. This timeline is a valuable asset that helps the judge follow the events leading up to your case. By visually organizing your evidence on a timeline, you can demonstrate when crucial facts occurred and how they connect. Doing this gives the judge a deeper understanding of your case’s context and empowers them to make an informed decision.

To make the most of your timeline, ensure that each piece of evidence on the timeline is assigned a page number corresponding to its location in your trial presentation. This way, the judge can easily navigate to the relevant evidence, facilitating a smooth and efficient review of your case.

Damages Table:

A damages table is a vital component that showcases all the damages you claim in a neat and structured format, complete with accurate calculations. This table plays a crucial role when presenting your case to the judge, allowing you to show the exact amount of money you deserve

Think of the damages table as a handy list that outlines the money you seek. By having a damaged table, you can ensure that you cover all the different types of money you need to ask for, leaving no important details behind. This organized approach presents a compelling case and helps the judge understand your arguments easily, making a favorable decision more likely.

Finally, include copies of all the evidence supporting your case in your trial presentation. From documents and text messages to emails, photographs, and videos, leave no stone unturned in presenting the full picture.

Also, ensure that each piece of evidence is clearly labeled. Moreover, organize your evidence logically and chronologically so the judge can easily navigate each piece.  

In conclusion, a trial presentation can help strengthen your case and be more persuasive. It allows you to organize your thoughts, gain the judge’s trust, and keep everyone engaged in the courtroom. By following the steps and including these important sections in your presentation, you can clearly present your case and increase your chances of winning. Take advantage of this opportunity to confidently share your side of the story, leave a lasting impression, and achieve a favorable outcome in your legal journey.

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Though many people choose to plead guilty or settle before trial, anyone is within their right to take their disagreement to trial.  After voir dire , the trial begins.  Each step of the trial process is part of a rigorous system driven by a single purpose – to protect the rights of citizens by resolving disputes fairly.

(c) Sam Fentress, Courtesy of HOK

1. Opening Statements

Every trial proceeds in basically the same way.   Both parties are seated in the courtroom.  In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney .  In civil cases, both the plaintiff and defendant , and their respective attorneys, if any, need to be present.

The attorneys will begin by making their opening statements .  The attorneys use this time to give the jury an overview of the case they intend to present.  They are just statements, however, and cannot be considered as evidence by the jury.  The side bringing the case is the side that bears the burden of proof , and thus always goes first.  This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case.  The defense then follows with their opening statement.

As the trial moves forward, the prosecutor or plaintiff presents their case, but the defense has an opportunity to respond.  This process of two sides going back and forth, is the heart of our trial procedure, and is based on an adversarial system .

2. Presenting the Prosecution/Plaintiff's Evidence

Opening statements are followed by the case-in-chief .  The prosecutor or plaintiff’s attorney again goes first.  They present evidence in the form of physical evidence or documents and also the testimony of witnesses.  A witness is someone who has personal knowledge of a situation that may be helpful to the jury in deciding the outcome of the case.  This personal knowledge is shared with the judge and jury through a series of questions between the witness and the plaintiff’s attorney or prosecutor.  This is called direct examination .

Once the direct examination is finished, the defendant’s attorney gets an opportunity to question the witness.  This is called cross examination .  When the cross examination is complete, the judge may allow the plaintiff to ask more questions in response to things mentioned during cross examination.  This is called re-direct examination .

Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.

3. Presenting the Defense's Evidence

The defendant then presents their evidence and witnesses in the same fashion; by direct examination.  The plaintiff or prosecution is allowed to cross-examine, and the defendant gets to ask further questions on re-direct.

In a federal criminal case, because the burden of proof is always on the prosecution, the defendant never has the burden of doing anything.  This means that the defendant does not have to present any evidence whatsoever.  Additionally, the defendant has a constitutional right to remain silent in order to prevent self-incrimination when testifying.  If the defendant doesn’t think the prosecution has proven the case, they may chose not to take the witness stand or to present any further evidence.

On the other hand, in civil cases , it is almost always in the defendant’s best interest to disprove the claims of the plaintiff.  Therefore, the defendant will usually testify in a civil trial.  Sometimes, the plaintiff calls the defendant as a witness.  When this happens, the defendant is called a hostile witness .

Evidence is used by the parties to prove or disprove unresolved issues in the case.  There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.

If you watch television programs that depict the legal process, you may incorrectly think that physical evidence is the most common type.  Actually, the most common type of evidence is provided by witness testimony .  Often witness testimony may be the only evidence presented.  It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.

• Eyewitness testimony – The testimony of someone who observed the actual event taking place.
• Witness testimony – Testimony of a person who has personal knowledge of relevant information.  Because this witness is not an eyewitness, inferences will need to be made by the jury or judge based on the testimony.
• Expert witness testimony – Testimony of a person who is qualified to help the jury or judge understand specialized details of the case.  Expert witnesses are asked to express their professional opinion during the trial.
• Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues.  An example would be DNA, fingerprints, or a photograph.

All witnesses must swear or affirm that their testimony will be truthful.  If a witness makes false claims while under oath , they can be charged with perjury , which is itself a crime.

If you’ve watched a fictional trial on television, you’ve probably heard a character scream “I object!”  Objections do happen in the courtroom, though they are usually less dramatic.  During testimony, the opposing party can formally object if the questioning is not following the rules of evidence.  Unlike on television, the attorney making the objection has to state a legal reason for interrupting the testimony.  There are many kinds of standard objections.   The following are examples:

• Hearsay – Even if a witness didn’t directly observe the event in question, they still may only testify from their own personal knowledge.  Discussing something that was said by another person is called hearsay, and is prohibited.
• Irrelevant – Witness testimony must be related to the issue or event in question.  Off-topic testimony is not allowed.

Ruling on objections.   Because it’s the job of judges to interpret and apply the law, they rule on each objection.  If the objection is sustained , the attorney must stop that line of questioning and move on to the next question.  If the objection is overruled , the attorney can continue with the question.  All objections and rulings are recorded in the official record of the trial by the court reporter.

4. Closing Arguments

Once the attorneys for both sides have presented their evidence, they each will give closing arguments .  This is their opportunity to summarize for the jury, and draw attention to the facts that support their side.  The closing arguments are not evidence. The plaintiff or prosecutor goes first, followed by the defendant.

5. The Jury's Verdict

After closing arguments, the judge will give final jury instructions to the jury

The judge will instruct the jury to select a foreperson who will act as their organizer and spokesperson.  The judge will give them a verdict form to complete, and they will then retire to the deliberation room to decide upon their verdict.  All deliberations of the jury are private and confidential, and do not become part of the official court record.

Once the jury has reached a verdict , the foreperson alerts the court it has done so.  This may take one hour, one day, or one week; there is no time limit or deadline.  In federal court, all jury verdicts must be unanimous.  All parties are called back to the courtroom and the foreperson or the clerk officially announces the verdict in open court.  A criminal verdict can only be guilty or not guilty on each of the charges.   When defendants are found not guilty, they are free to go and can’t be tried again for the same crime.  This is called protection from Double Jeopardy , found in the 5 th Amendment .  If the defendant is found guilty, the punishment is to be decided by the judge, at a later date.

A civil verdict can be much more complicated, and may include whether or not the defendant’s actions or lack of actions caused injury to the plaintiff, and, if so, then the amount of compensation or penalty the plaintiff has to pay.

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Resources and information all Self-reps need.

15 skills for effective presentations in court.

Representing yourself requires a certain skill set. We’re providing you with a set of 15 skills that you need to be persuasive in presenting your case. Keep these in the back of your mind throughout the process and you’ll be ready to rock the courtroom.

Part of the benefit of working with The Family Law Coach is that we can provide you with the assistance you need to gain these skills before and during the process. When you’ve gone through this list, check out the Services offered by The Family Law Coach to see how we can help you help yourself.

Skill 1. Telling the judge why you’re in court, and what you want, in just one or two sentences.

Many self-reps feel that finally being in front of a judge gives them the chance to “tell my story” and get a whole lot of grievances and complaints off their chest. They want to vent about all of the injustices and wrongs done to them and how bad the other party is. The judge may look interested, but is this effective? No.

Just because a judge is being patient, and waiting until you get to the point, doesn’t mean he or she is agreeing with you. They’re working hard to pull out the relevant details to help them make a decision. The harder the judge has to concentrate to get the information he or she needs, the more difficult it is to make a decision in your favour.

You need to be concise and practice the skill to put your complaints aside and deal with only 2 questions: Why are you here? What result do you want?

Make sure to take the time to rehearse the answers to each question so you can state your position in a loud and intelligible voice. Here are some concrete examples.

“Judge, I’m here to change the access arrangements from the existing order to the terms set out in the schedule attached to my notice of motion. Essentially I’m asking for a more flexible arrangement than the one now in place.”

“Your Honour, I’m here because In lost my job 6 months ago and the best new job I could get pays less than what I was earning when I agreed to child support of $879 per month. I need an order for reduced support payments, but my former wife won’t agree.”

“Judge, my former wife is asking that she be allowed to move to a different city because she’s planning to marry her boyfriend who lives there. But that will have a disastrous effect on the time the children and I have together and the nature of our time together, and I’m opposing her request for that reason.”

“Your Honour, my former partner has been interfering with my access to our children by making last minute changes in arrangements to suit her/his convenience without consulting me, cancelling visits unilaterally, and generally refusing to comply with the terms of our access order. I’m asking that she/he be found in contempt and that the order require that the terms be complied with or the residential arrangements for the children are to be changed to me.”

In each case it took only 2 sentences to give the court a good idea of what the matter is about, both side’s positions, and your suggested solution.

This is called the Tim Horton’s Pitch: what you tell the person in line for morning coffee when they ask what you’re doing today so you can be finished before it’s their turn to order.

But more than simply being brief, it shows that you respect the system and the court’s time by being clear and to the point. So long as what you say is truthful and supported by the evidence, it shows that you’re a trustworthy person to whom the judge should pay attention. It’s a terrific way to be effective.

Skill 2. Practice, practice, practice

It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences. They try doing it different ways. And they practice saying it out loud.

Some of us convince ourselves that we know our case so well that we don’t need to practice anything. Others convince ourselves that our matter is so complex and involves so many details that we can’t get it into a couple of sentences. We think the judge needs to hear everything in order to understand what the case is about. And some of us convince ourselves we’re just no good at talking on our feet and we won’t be able to tell the court what we want it to know.

That sort of thinking creates mental blocks that hold us back. One trick to overcoming this is practice.

Write down what you want to say. Read it over and change it to what the judge needs to know. Try different ways to present your case to see what works best for you. Then shorten it until you get what the judge needs to know into 2 -3 sentences.

Write down whatever you want to say in point form. Make each point only one or two sentences. Re-arrange the points into a logical sequence. Look at what you’ve written for each point and see if it can be shortened. Then practice saying it out loud in front of a mirror or to someone you trust and can give you feedback.

The more you practice the easier it will be to tell the judge, and the more comfortable you’ll be in court. Pro athletes practice before every game. So should you.

Skill 3. Avoid the nasty

Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.

Spending time to complain about the other person and all the nasty things that they did hurts your case. If it’s not relevant, you’re wasting the judge’s time and making it harder for him or her to understand the important information. If you turn off the judge with your whining and complaining, he or she might miss hearing the important things you have to say.

If, however, the conduct of the other party is really relevant to the issue, make it clear why the information is important to the judge’s decision. For example, if the behaviour shows that the other party says inappropriate things front of the children, or if he or she acts without judgement.

Making things relevant to the issues the judge has to decide, instead of leaving them as a personal attack on the other person, makes your comments far more powerful and effective. Judges don’t like hearing negative personal attacks.

Skill 4. Writing in an clear and logical way

Much of the key work in creating an effective case is done before you stand up to speak. It’s in the written material the judge reads in the file. What you write and how you write it is the first step in showing the judge why the court should give you what you want.

Are you able to set out your story, what you want, and why you should get it, in a clear and understandable way? You need to be able to organize what you need to say in a way that makes sense to the judge. Just like what you say to the judge when you’re speaking, what you say to the judge in your writing needs to be clear and easy to understand.

The key to good legal writing is re-writing. Go over what you’ve written and then ask yourself: “If a stranger didn’t know anything about my case would they get a good idea of what it’s about and why they should agree with me, or would they find parts of what I’ve written confusing? Will they get my point? Is what I’ve written difficult to read or easy?”

Then start over and re-write everything. Show it to someone. Ask them to help you be more clear and focussed. Remember why you’re writing the document – it’s not to get everything of your chest, it’s to give the judge the information he or she needs to understand what you’re asking for and to encourage them to give it to you.

If you can do this, you’ll find your written material to be a really effective way of getting a judge to want to help you, even before your case is called.

Skill 5. Gathering the relevant information and staying on top of the materials you need

You may have to gather information as part of your case. You may need to get correct bank statements to show what money was in different bank accounts, or account statements to show the value of investments or RRSPs, at key dates. You may need copies of Insurance policies or property ownership papers, or tax and utility bills. Perhaps you’ll need information from your employer or doctor.

They key to gathering information effectively is to create a list and check it off as it’s collected. Keep it in one place and keep it organized and you’ll be good to go.

Skill 6. Being Organized

It’s important to be able to organize your material. Do you have the various exhibits and supporting material you need to support your story? Can you collect the documents and evidence you need to support your position? Can you put your material into a sensible and organized structure?

If you can do this, great. If that’s not what you do well, ask a friend or family member to help you organizing everything. Taking the time to organize your materials helps you to organize your case and present it to the judge in an effective way.

Skill 7. Being a good researcher

In some cases a bit of research is needed to collect the information and evidence that supports your story. You may also need to gather legal information. Will you be able to do your own research? Do you know how to do it?

Skill 8. Being on time and knowing how to wait

Court matters are filled with deadlines. Are you able to get your papers filed on time and show up in court when scheduled?

Do you have the time to get to the court office and to get the information you need? Are you able to explain what you want and do you have the patience, if needed, to go from one court office to another until you get it?

If you’re late submitting documents or in showing up to court, this could have a very serious impact on your outcome.

It’s not uncommon for a self-rep to find that they’ve gone to the wrong counter or wrong office are in the wrong line or have the wrong papers with them. It’s important that you recognize this at the beginning, give yourself lots of time and have patience.

And patience is an important thing to bring with you whenever you have to deal with the court offices. Often the lines are long. Give yourself lots of time. The family court process is going to have a long-term impact on your life and it’s worth taking extra time so you can avoid being late.

Skill 9. Paying attention to detail

Are you able to pay attention to detail? For example, before beginning to fill in a blank on a form do you read the instructions to be sure you’re filling it out properly? Have you attached all the documents you refer to in your materials? When you refer to a section of some legislation, have you checked to be sure you’ve got the right number and reference?

If you’re missing any details or fill out a form wrong, it will be harder for the judge to rule in your favour. So it helps your case if you’ve been careful about everything before you file it with the court office.

Skill 10. Understanding the appropriate Guidelines that affect your case

Have you looked at the Child Support Guidelines or the Spousal Support Advisory Guidelines to be sure that what you’re saying about them is accurate? Have you checked out the sections you’ll be referring to and do you understand them?

There are guides available for each the Spousal Support Advisory Guidelines and the Child Support Guidelines. Read and understand them. It will help you be effective in presenting your case.

Skill 11. Distancing yourself

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

So the skill here is to be as objective and realistic as possible. Be practical and rational instead of emotional. You can only be effective if you’re not all worked up about the case. This isn’t easy. But it’s important. Can you do it?

Try to look at the case from the perspective of a person who doesn’t know you and doesn’t know the other party.

Acting rationally includes recognizing the weak parts of your case and dropping them. This will help you maintain realistic expectations and help you focus your presentation. Think about what stranger would need to know to give you what you want, and if that person would think you deserve it.

You need to be objective about the case and your positions.

Skill 12. Knowing your motivation and remove the destructive elements from your position

Are you motivated to fight so that the other person doesn’t “win,” or get an “easy victory”? Are you motivated by jealousy or revenge? Do you want to punish the other person for what they did to you or your family? Tough. Those aren’t reasons to fight in court and won’t get you anywhere. Do you have the skill to remove these factors from your thinking?

Knowing why you’re really taking your positions will help you shape a more effective presentation. If your positions are motivated by one of the factors mentioned above – re-think your approach. At least, re-frame it so that you can present a more positive position that will get you the results you want.

Skill 13. Separating money issues from the kids

Do you have the skill to consider what’s best for the kids even if that means getting less money, or paying more money, than you wanted?

Not everyone is able to admit when continuing the fight will be harmful to the children. Can you put their interests ahead of yours?

Very often that’s what the case comes down to, and you’ll do better if you recognize this before a judge does.

Skill 14. Standing up to a bully

Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses:

• manipulation
• personal attacks

You may have given in lots of times in the past to keep things together, but do you have the skill now to say enough is enough? A bully knows what sort of tactics worked well in the past and will try to use them against you in court. Can you stand your ground now? That doesn’t mean you need to retaliate. It means maintaining your position and clearly stating that position to the judge.

The interesting thing about bullies is that they get away with their conduct so often that they assume you’ll give in again. If you stand up to a bully, a judge can usually see what’s happening and put that bully in their place.

Often, standing up to a bully starts with just saying “No. Enough. I’m not giving in again.”

Skill 15. Knowing what you’re good at

The truth is that not everyone is terrific at each of these things. Not even lawyers. The trick is to recognize which skills you have and are good at and which ones you need to work on. Keep in mind that that all of us can use some help from time to time and don’t hesitate to ask for it. You may have a family member or a friend who is better at one of these skills than you. See if they’ll help you out. If they can’t, maybe they know someone who can.

Use your strengths as best you can and don’t pretend to be good at something you’re not. Get the help you need so you can present your case as effectively and persuasively as possible.

Unbundled services

If you need help with one of the skills listed above, it’s a smart move to get some assistance – to seek out someone to offer coaching about how to handle yourself, or to get advice about strategy, or some help with preparing the documents you need, or to give you the legal advice you’re missing.

If you can’t afford, or don’t want, to hire a lawyer to take over your case in the traditional full retainer model, then seeking out fixed fee services, also known as “unbundled services” could be the solution you need.

With unbundled services, a lawyer will agree to help you with part of your matter but not take over all of your case. It might be to prepare documents for you or to appear in court for you. Or it might be to spend time with you going over your documents and discussing strategy.

The Family Law Coach

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No up-front retainer. No need to travel to a lawyer’s office. No uncertainty about the cost.

With just a computer or a phone you access to a lawyer who can provide coaching in the skills you need to succeed in the courtroom.

Check out our Services and choose the one that’s right for you.

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A Practical Approach to Effective Litigation (8th edn)

• Table of Cases
• Table of Statutes
• List of Abbreviations
• 1. The Growing Focus on ‘Effective’ Litigation
• 2. An Overview of the Litigation Process
• 3. Dispute Management, Project Management, and Risk Management
• 4. ADR, Settlement, and Part 36 Offers
• 5. Legal Practitioners and the Developing Professional Context
• 6. Financing Litigation
• 7. Defining Objectives, Advising a Client, and Taking Instructions
• 8. Establishing and Analysing Facts
• 9. Making Best Use of Law to Define Issues
• 10. Legal Letters and Opinions
• 11. Making Strategic Use of the Pre-Action Stage
• 12. Drafting Statements of Case
• 13. Joining the Right Parties
• 14. Pursuing Appropriate Remedies
• 15. Issuing Proceedings, Track Allocation, and Directions
• 16. Defending an Action
• 17. Active Case Management and the Use of Sanctions
• 18. Costs Management and Budgeting
• 19. Evidence and Disclosure
• 20. Witness Statements
• 21. The Potential Roles of Experts
• 22. Procedural Rules as Practical Tools
• 23. Preparing a Case for Trial and Drafting Skeleton Arguments

24. Presenting a Case in Court

• 25. Costs Orders and Assessment
• 26. Challenging a Judgment
• 27. Enforcing a Judgment
• Susan Blake Susan Blake Director of Studies and Associate Dean, Inns of Court School of Law
• https://doi.org/10.1093/law/9780198715948.003.0024
• Published in print: 05 March 2015
• Published online: June 2015

This chapter discusses the process of presenting a case in court. It begins with an overview of the trial process, covering the timetable, the claimant's case, the defendant's case, closing speeches, and judgment. It then explains the importance of good presentation and advocacy in winning a case. This involves focusing on the issues on which the judge needs to reach a decision; presenting the case clearly, coherently, and concisely; developing and presenting an overall theory for the case — a single story can be more convincing than a lot of separate arguments; and developing persuasive arguments that pull elements of the case together and deal with any gaps. The remainder of the chapter covers the judgment of the case; the drawing up of orders; and the form of orders.

• civil cases
• civil trials
• civil litigation
• trial process
• legal practice

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date: 02 May 2024

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How to Develop and Present Visuals in the Courtroom

Join me as I talk tips for upping your trial performance. I’ll cover all aspects of the trial, including jury selection, opening statements, direct witness testimony, cross-examination, closing arguments, jury instructions, and verdicts. Discussions are welcome in the comments section.

— Tad Thomas

Whether you’ve been handling courtroom cases for decades or you’re just getting started, it’s important to understand the usefulness of visual aids. With the right visual aids, coupled with good public speaking skills, you can give a convincing and credible presentation.

Creativity is not a skill everyone possesses, so establishing visual aids can be frustrating at times. Any special time you spend developing and presenting courtroom visuals will affect how successful you are to the judge and jury.

Tips for Creating Visuals for Trial

If you don’t take the time to create useful visuals for your courtroom presentation, the jurors won’t understand what’s important, and they will quickly lose focus—which is detrimental for your client. Graphics and animations need to flow with the presentation to help the jurors understand the key facts. To create useful visuals, consider the following:

• Focus and Objective. The most important part of creating courtroom visuals is establishing your objective. Once you can do that, you can prepare material that supports the objective in a simplified and organized manner. You don’t need to go for the “wow” factor when your visuals are easily digestible and purposeful.
• Audience. Who is your audience? Once you can answer that question, you can select the points you want to emphasize, know how to provide a useful level of detail, prepare the appropriate visual aids, and create a tone that is sensitive to your audience’s circumstances.
• Length and Pace. The human attention span is not where we’d like it to be. It’s important to remember that when planning your presentation, the longer you go on, the less likely it is that jurors will remember your key points. It can be nearly impossible to regain the jury’s attention once mental fatigue has kicked in. Judges also appreciate the use of graphics that reduce the length of time required for trial.
• Theme and Simplicity. If you’re presenting a large number of graphics, it’s important to have a common style or look throughout the presentation. When you’re thinking about that theme, consider what the jurors’ expectations might be. You also want to ensure the graphics you’re using to convey key points are simple and appealing. If you put too much information into one animation, jurors might not be able to follow along. If you’re discussing complex matters, make sure the big picture is clear.
• Consider Colors. For a visual graphic to be eye-catching, it needs to be high contrast. This means that text needs to stand out to the background, as do any animations, sketches, or other graphics. It’s often recommended to use blue backgrounds with yellow text.

Bringing Graphics and Animations to the Courtroom

While we’ve discussed the importance of utilizing demonstrative aids in the courtroom, we also need to consider the possibility of overusing media. By doing so, you could risk losing the direction and personal connection between you and the jury. While your visual aids are important, remember that you can’t build rapport if your face is always behind a screen.

To maximize your media impact, vary the use of your media through the trial. For example, consider using a simple PowerPoint in your opening statement to anchor your key points. During direct and cross-examination, the flexibility of trial presentation applications will let you move from any exhibit or video clip quickly and efficiently.

While poster enlargements and flip charts can seem outdated, there’s something to be said for using them to serve as quick reminders for key terms and definitions. When it comes to supporting your expert’s testimony, this is a good time to bring in high-powered computer animations and graphics. Finally, consider closing with another PowerPoint that will complement the testimony and bring the jurors back to the fundamentals of your case.

Electronic visuals aids can be highly effective for presenting a case to the jury when you know how and when to use them. When it comes to courtroom visuals, the old cliché “seeing is believing” bears some truth. Jurors expect that much of what they encounter will be visual, so you can leverage that expectation with useful visual aids to provide better education and create a bigger impact—one that is hopefully favorable for your client.

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The Court Presentation

When the date of a drawing room was announced, letters poured into the Lord Chamberlain, suggesting names of ladies for presentation. Everyone who had kissed the Queen’s hand was able to nominate another for presentation. But it wasn’t guaranteed that any name submitted was accepted. The list underwent careful scrutiny by both the Lord Chamberlain and the Queen, Her Majesty only receiving those who “wore the white flower of a blameless life.”

There were only three qualifications for admittance to the throne room:

• The lady wishing to be presented should be of good moral and social character.
• Presentation had to be made by someone who had already been presented.
• The status of the actual presentee. The most obvious candidates, the wives and daughters of the aristocracy, had the privilege of being kissed by Queen Victoria (though no kisses were received if the Princess of Wales were acting as stand-in, and the practice was dropped entirely in the Edwardian era), then came the ranks of those candidates whose presentation would be sealed by the action of kissing the Queen’s hand. These included the daughters and wives of the country gentry and Town gentry, of the clergy, of naval and military officers, of professional men such as physicians and barristers, of merchants, bankers and members of the Stock Exchange, and “persons engaged in commerce on a large scale.”

Summonses were sent out three weeks in advance, allowing ample time for the excited debutante or newly married lady, to practice the complicated court curtsy and order the regulated costume demanded for presentation, as laid out, via the Lord Chamberlain’s Office, in Lady Colin Campbell’s Manners and Rules of Good Society , 1911 edition:

High Court Dress : dress of silk satin or velvet may be worn at Their Majesties Courts and on other State occasions by ladies to whom from illness infirmity or advancing age the present low Court dress is inappropriate. Bodices in front cut square or heart shaped which may be filled in with white only either transparent or lined at the back high or cut down three quarters height. Sleeves to elbow either thick or transparent. Trains, gloves, and feathers as usual. It is necessary for ladies who wish to appear in High Court Dress to obtain Royal permission through the Lord Chamberlain. This regulation does not apply to ladies who have already received permission to wear high dress.

White gloves only should be worn excepting in case of mourning when black or grey gloves are admissible. As a lady on presentation does not now kiss the Queen’s hand as formerly she did she is not required to remove the right hand glove before entering the Presence Chamber. This order therefore is no longer in force and a lady wearing elbow gloves and bracelets will find it a great convenience not to be to take off her glove.

White veils or lace lappets must be worn with the feathers. The veils should not be longer than 45 inches.

Bouquets are not included in the dress regulations issued by the Lord Chamberlain although they are invariably carried by both married and unmarried ladies. It is thus optional to carry a bouquet or not, and some elderly ladies carry much smaller bouquets than do younger ladies. A fan and a lace pocket handkerchief are also carried by a lady on presentation or on attending a Court but these two items are also altogether optional.

The young lady who persevered to the end, however, got her rewards. Carrying her train over her left arm, she made her way through the groups of attendants to the anteroom or corridor where one of the lords-in-waiting, with his wand, spread out her train she’d let down, and walked forward to the Throne Room.

Her name was announced as she curtsied before the Queen, so low as to almost kneel, and while doing such, she kissed the royal hand extended to her, underneath which she placed her own ungloved right hand. The peeress or daughter of a peer received a kiss from Queen Victoria. When the Princess of Wales stood in for Her Majesty, the lady being presented curtsied only and did not kiss the Princess’s hand. After passing Her Majesty, the débutante curtsied to any of the Princesses near her and retired backwards in what may be called a succession of curtsies until she reached the threshold of the doorway. The official in attendance replaced her train upon her arm and the presentation was complete!

As was stated above, the reception of a kiss on the cheek from the Queen or the gift of one upon her hand was tossed out when Edward VII came to the throne. Other, more important changes were made to the presentation ceremony. Things were sped up by his reign, the drawing rooms and levees switched to the evening and held in June; the telephone used to summon a débutante’s transport, thus easing the traffic; buffet supper, served from tables laid with gold plate helped to revive waiting ladies; and the court photographers were allotted a room for speedy snapshots of the women.

The workings of the levee were similar to those of the drawing rooms: dates announced and names submitted, and specific court dress required:

The Dress to be worn at Courts State Functions and Levees: Full dress uniform is invariably worn by all gentlemen entitled to wear it. All officers Scottish kilted corps should wear the kilt irrespective their being mounted officers or not. Gentlemen who do not wear uniform may wear either velvet Court dress new style; velvet Court dress old style; cloth Court dress.

The new style velvet Court dress is of black silk velvet. The body of the coat lined with white silk and the skirt with black silk. Steel buttons. Waistcoat of white satin or black silk velvet. Breeches of black silk velvet, black silk hose, patent leather shoes, steel buckled, white bow necktie, white gloves, sword, black beaver or silk cocked hat.

The velvet Court dress old style is very similar to the foregoing with the addition of a black silk wig bag at the back of the neck and lace frills and ruffles.

The cloth Court dress consists of a coat of dark mulberry claret or green cloth with black silk linings, gold embroidery on collar, cuffs, and pocket flaps, gilt buttons with Imperial Crown, waistcoat of white corded silk or white Marcella, breeches of cloth color of coat, black silk hose, patent leather shoes, sword, white bow necktie, white gloves, black beaver or silk cocked hat.

On certain days of the year, the so-called Collar days, high diplomatic and distinguished personages wear the collars and badges of the Garter, Thistle, St Patrick, Bath, and other Orders of Knighthood.

By the 1880s, American writers cynically shared that “ in time it became possible to achieve a Court introduction without the intercession of the American Envoy, simply by arousing, through means it would not be discreet to name, the interest of some English noblewoman whose exchequer was at a low ebb .” However that may be, this brief brush with royalty continued to be considered a stamp of social approval by nouveaux riches and foreign nobodies until its demise in 1958.

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House Hunters: Edwardian Style

You may also like, january 2009: a washington season, african-american etiquette, manners for men: at a restaurant.

I have a question.King Edward VII died in may 1910. Who were the debunates of 1910 presented to? And if the King died was there a london season that year? I can’t find any information on the london season of 1910–did it start in May or June.

You know what Jennifer? That’s an excellent question! I’m not entirely positive, but I would think that court mourning–which lasted a year–meant all court functions were canceled. I would posit that no debutantes were formally presented after Edward VII died, until George V’s next court in the spring of 1911–of which I have documentation as occuring. And I have an article about the London Season here .

Thank you so much for your reply. But, I have yet another question. I have read several accounts that King Edward VII held his court presentation in June not May. Since he died on May 6th 1910, did High-society still have a London Season meaning balls, and dinner parties, and all the rest of the events that make up the London season. Was there a private royal viewing at the Royal academy or was that canceled as well? I have dates that the Private viewing was always scheduled on the first monday of May. Is that true? Or was all of high-society in court mourning. I found your London season article very helpful. I have been following your blog for sometime–I am obessed with the Edwardian period-attempting to write a romance on it, but getting stuck with the facts of the London season of 1910– Long story why 1910–found a London 1910 travel guide and thought it would interesting especially since it was the end of an Era. I guess I am wondering was there really a london Season of 1910. If there wasn’t will change my whole direction of book. Thanks so much again– Jennifer

Hi Jennifer,

I think I have that same guidebook! Baedeker’s London, right? I’ve done some digging, and according to a few New York Times Articles, Edward’s death threw the Season for a loop and Americans (since NYT is a US paper) withdrew from the capital to take part in the Parisian season. King George contemplated lessening mourning, but didn’t. Since the infamous “Black Ascot” has remained in our consciousness, I think the general markers of the London Season continued, but any true gaiety was absent. I think there wouldn’t be any court presentations for a year, but a debutante could come out in a private setting (as I said in this article, the court presentation had lost its social cachet for English high society, save social climbers and foreigners).

Thank you so much. I now can move on. It is amazing how a small detail can point you in the right direction. I am having so much fun digging for information. Again thank you.

I had a question about Debutantes during WWII: what was the environment like? I know they stopped in 1958, but was there any temporary hiatus because of the war? Thank you!

Hi Kate, according to Karen Baclawski’s The Guide to Historic Costume , “Court presentations were again interrupted by war from 1940—5.” You’d have to read some memoirs written by aristocrats detailing life during WWII, but I don’t think young ladies were too concerned with debuting when their male friends and family members were in action. There was a bit of struggle against the entrance of aristocratic young women into nursing and female military units, but as the war progressed, class prejudices against action dissolved.

If my reading memory serves correctly, Ascot took place in the 1910 Season. THe ladies wore black.

Yes Ascot–and other public events–did occur in 1910, but I don’t believe court presentations took place, as the English court was in deep mourning for a year.

How do you find out what dates Queen Victoria did receive people for presentation?

Hi Mary, the dates for the presentations were announced in the newspapers of the day, so if you have access to archives for The Times, you would probably find them there. Otherwise, etiquette books just listed the general times during the season when ladies and gentlemen could be presented to the Queen.

Did the newspapers of the day publish lists of those ladies presented at court? If so, what newspaper & section should I search under?

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Apparently; there exists a list of all Debutantes who attended Court, up to the 1950’s (58?) cancellation and scapping of the event in general.

Well my Grandmother apparently was a Debutante in the 1930’s.

Her name then: (Miss) Renee’ June France-Hayhurst.

Can anyone Help? Please?

I am reading this for the first time, and it is abit interesting. But then..they are announced, enter the room, curtsey the Queen and Princesses, and come out..Is that all? There should be something like the Queen having a conversation with the girl..All this charade just for a few minutes?

Yep! The girls did not need a conversation with the Queen–the fact that they could be presented showed that the Queen considered them elite enough to be acknowledged in her court.

What was the form of the actual invitation?

From a 1902 issue of The Pall Mall Gazette :

[N]ine hundred and fifty invitations were issued for Friday evening, March 14th. Those for Royalty were delivered by hand by an equerry-in-waiting, who occupied a royal carriage when he went upon his errand; less exalted personages received theirs by post. The cards are like those sent out in the last reign for State balls, and are endorsed with the words that the Lord Chamberlain “has been commanded by their Majesties to invite” the lucky recipient “to a Court to be held at Buckingham Palace on such and such a date.” Each member of a family invited receives a separate card.

“The Lord Chamberlain is commanded by Their Majesties to summon _________ to a Court at Buckingham Palace on Wednesday the 26th June, 1929, at 9.30 o’clock p.m. Ladies: Court Dress with (underlined!) feathers and trains. Gentlemen: Full Court Dress.”

Thanks for the info, Sanford! 🙂

Were girls from countries like Australia, Canada and so on eligible to be presented?

If someone that was presented could vouch for them, then yes they were eligible.

Yes they were. Both my grandmother and her mother, as well as her sister, we’re presented at Court in the 1920s. They were all from Ottawa.

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I have a question that occurred to me as I was reading the descriptions of the head dress for ladies. How far back did the custom of ladies wearing three feathers go when being presented at court and when did that stop in favor of spectators?

I’m not sure. They’ve been associated with the Prince of Wales for centuries, however.

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Sorry if I’ve misunderstood, but girls from English colonies were eligible to be presented (as said below) – but American girls, except in the later years, were not? But they attended other functions during the season? Thanks!

Without knowing the specifics of the commenter below, what I can say is that girls had to have a sponsor. The point of the court presentation was for ladies of the nobility to make themselves known to their sovereign. If a non-aristocratic girl could find someone who had already been presented and didn’t have any scandal attached to their name (nor was divorced), they could submit their names to the Lord Chamberlain to be presented.

I hope this is the correct forum to ask this question. When the Queen of England attends an event with Phillip, is he ‘escorting’ her? Is the verb ‘escorting’ used to denote his being by her side? Thanks.

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By Prof. Penny White

Federal Rules of Evidence

The Federal Rules of Evidence govern the introduction of evidence at civil and criminal trials in United States federal trial courts. The current rules were initially passed by Congress in 1975 after several years of drafting by the Supreme Court.  The rules are broken down into 11 articles:

• General Provisions
• Judicial Notice
• Presumptions in Civil Actions and Proceedings
• Relevancy and Its Limits
• Opinions and Expert Testimony
• Authentication and Identification
• Contents of Writings, Recordings and Photographs
• Miscellaneous Rules

This article will focus on Rule 901 — Authenticating or Identifying Evidence — and the judge’s role in the Federal Rules of Evidence.

Establish Evidentiary Foundations

Evidentiary foundations must be established before any type of evidence can be admitted. These predicates to admission apply regardless of whether the evidence is verbal or tangible, but for some types of evidence, the foundation is largely subsumed into the presentation of the evidence itself. For example, the foundation for verbal evidence is generally a requirement that the testifying witness have personal knowledge of the matter in question. This foundation is rarely established by asking the witness specifically whether he or she has personal knowledge. Rather, it is included in the witness’ testimony which discloses that the witness experienced the occurrence. But for all types of evidence, the evidentiary foundation requires authentication before other issues of admissibility are considered.

Tangible Items of Evidence

Scholars at common law recognized that authentication and identification of tangible items of evidence represented a “special aspect of relevancy.” McCormick §§179, 185; Morgan, Basic Problems of Evidence 378 (1962). Wigmore describes the need for authentication as “an inherent logical necessity.” 7 Wigmore §2129, p. 564. The authenticity requirement falls into the category of conditional relevancy – before the item of evidence becomes relevant and admissible, it must be established that the item is what the proponent claims.

Authentication of Tangible Items of Evidence

The basic codified standard for the authentication of tangible items of evidence is “evidence sufficient to support a finding that the item is what the proponent claims it is.” Fed. R. Evid. 901. It is not necessary that the court find that the evidence is what the proponent claims, only that there is sufficient evidence from which the jury might ultimately do so. This is a low threshold standard. The laws of evidence set forth the general standard, followed by illustrations and a list of several types of self-authenticated documents. The proponent of any tangible or documentary evidence has an obligation, or burden of proof, to authenticate the evidence before requesting to admit or publish it to the fact- finder; if the opponent objects to its admissibility, based on any of a collection of rules, then the proponent must address that admissibility objection as well. Thus, all evidence must be both authenticated and admissible.

Determine the Presentation of Evidence

If both authentication and admissibility are established, then the court must determine how the evidence will best be presented to the trier of fact, bearing in mind that the court is obligated to exercise control over the presentation of evidence to accomplish an effective, fair, and efficient proceeding. Under Federal Rules 611, the court’s duty is to “exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:

• Make those procedures effective for determining the truth
• Avoid wasting time
• Protect witnesses from harassment or undue embarrassment

Sometimes tangible evidence consists of fungible items that are not identifiable by sight. For tangible evidence that is not unique or distinctive, counsel must authenticate the item by establishing a chain of custody.

Establish a Chain of Custody

A chain of custody is, in essence, a consistent trail showing the path of the item from the time it was acquired until the moment it is presented into evidence. In establishing a chain of custody, each link in the chain should be sufficiently established. However, it is not required that the identity of tangible evidence be proven beyond all possibility of doubt. Most courts hold that “when the facts and circumstances that surround tangible evidence reasonably establish the identity and integrity of the evidence, the trial court should admit the item into evidence [but] the evidence should not be admitted, unless both identity and integrity can be demonstrated by other appropriate means.” See generally State v. Cannon, 254 S.W.3d 287, 296-97 (Tenn. 2008).

Additional Rules of Evidence Considerations for Tangible Evidence

For tangible evidence, in addition to authentication, the court must consider the following.

• Relevance rules
• The hearsay rules
• The original writing rules
• When appropriate, must balance the probative value of the tangible evidence against the dangers that its introduction may cause

The court in a jury trial must also consider what method of producing the evidence to a jury is most conducive to a fair and efficient fact-finding process.

Electronic Evidence

In order to admit electronic evidence, the same rules apply, but the content of electronic electronically stored information (ESI evidence) may implicate other rules such as the opinion rules and the personal knowledge rule. Most scholars and courts agree that the issues related to the authentication and admissibility of electronic evidence simply depend on an application of the existing evidence rules. Although technical challenges may arise, the rules are flexible enough in their approach to address this new kind of evidence.

Checklist for Authenticating Evidence in Court

The Federal Rules of Evidence apply regardless of whether the evidence is submitted in a civil case or criminal trial. To ensure that evidence is authentic and admissible, follow this five-point generic checklist for the authentication of tangible, documentary, or electronic evidence:

1. Is the evidence relevant?

Does it make a fact that is of consequence to the action more or less probable than it would be without the evidence?

2. Has the evidence been authenticated?

Has the proponent produce “evidence sufficient to support a finding that the electronic evidence is what the proponent claims?”

3. Is the evidence hearsay?

Is the evidence offered to prove the truth of what it asserts? If so, does it satisfy a hearsay exception? Are confrontation rights implicated?

4. Is the evidence a writing, recording, or photograph?

Is it offered to prove the content? If so, is it either the original or a duplicate (counterpart produced by the same impression as the original, or from the same matrix, etc.) unless genuine questions of authenticity or fairness exist?

5. Is the probative value of the evidence substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence?

Of course, there are many other tools that a judge may use to rule on tangible and electronic evidence, each with its own benefits and limitations.

Penny White is the Director of the Center for Advocacy and Elvin E. Overton Distinguished Professor of Law at the University of Tennessee College of Law. She teaches in several of NJC’s evidence courses including Fundamentals of Evidence, Advanced Evidence, and Criminal Evidence.

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6 Tips to Make Your Legal Presentations Pop

No legal presentation is ever like another..

Sometimes attorneys handle dry, complicated intellectual property matters; other times, emotional personal injury cases.

But in many years of making dynamic presentations for all kinds of hearings and audiences, our team has learned that there are a few important steps that will ensure your slides have the weight and power they deserve.

1. Don’t Be Generic

Ugh. You know that jurors have seen a standard-issue PowerPoint template a bazillion times.

When using generic templates with little personality, you risk losing your audience’s attention. Instead, try some simple customization and color to make them stand out and hold attention. Curved edges, color contrast,  gradients, and better fonts for more readable slides are a few simple ways you can customize your presentation.

…Don’t Worry, You Can Still Print Them

I know what you may be thinking – if you’re worried about printing slides with a dark background, PowerPoint does let you print in pure black and white, which is great for markups and saves on toner.

2. Make Images That Stand Out

If you’re not sure whether to go with a dark or light background, consider your content. For example, photos stand out more on a dark background.

In a bright room, text tends to be easier to read on a light background.

And if your content varies throughout the presentation and includes both text and images, consider using what we call an “accent box” – basically a block of white on a darker background. This works best for the text-heavy slides.

3. It Starts With a Great Title

Another important consideration for templates is the slide title. Aligning titles to the left margin ensures that they will start in the same spot every time, which makes them much easier to follow for readers than center aligning. Try to keep titles on one line, but if you must go onto a second line, make sure the top line is shorter than the bottom. Putting a soft return (shift+return) where you want the title to break onto the next line makes a big difference in readability.

4. Better Typography = More Readable Text

A presentation full of text slides can definitely get boring for audiences. But even the best presenters need the occasional bulleted list slide.

To keep your bullet point slides readable, be as concise as possible. One line per bullet is preferable, but if you must go onto two lines, it helps to have proper line spacing (leading) set up so that your ideas do not blur into a mass of text. Also be sure to avoid leaving a single word on the second line (we call that a widow).

Keep your font size large enough to read, but not too large. A good rule to follow is 46-52 characters per line (1.5 to 2 full alphabets). If you only have a couple bullet slides, consider using icons instead of plain circle or square bullets for additional visual impact.

5. No More Boring Icons and Stock Photos!

If you are struggling to find imagery for your presentation, don’t default to using cheesy clipart! Websites like the Noun Project , Vecteezy , Creative Commons , and Brands of the World can help you find great icons, stock photos and logos without licensing fees. (Pay attention to licensing – some icons and photos may require attribution.)

6. Test the Equipment

Our last, but perhaps most important tip – take a test run. It’s devastating to slave away on a presentation only to see it completely washed out and unreadable on the courtroom projector. Try to get into the courtroom during set up to test your slides on the equipment that will be used during your presentation.

If you can’t use the actual machine, test it on the worst projector or monitor you can find, just to be safe. This is especially true if your usual computer has a high quality monitor. For example, there is always a big difference between what we see on our MacBook screens versus typical projector screens.

We’re Here to Help With Trial Presentation

Most of these are simple tips, but taken together, they deliver professional, polished presentations that make sure your audience hears what you’re trying to tell them. For more help with your presentation, schedule a consultation with our services team . We can make compelling graphics, videos, and more. We can even come to your trial to run the slides and manage the technical aspects of presentation , so that you can focus on delivering a winning argument.

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Trial Presentation 101: Impactful Courtroom Demonstratives

Trial preparation 101: strategies for building winning arguments, why the cloud is the only answer for multi district litigation.

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What does keypoint mean in court understanding legal terminology, everything you need to know about keypoints in court.

As legal professional, concept keypoints court essential. Here top 10 asked about keypoint means court:

Unlocking the Mystery: What Does Keypoint Mean in Court

As a legal enthusiast, I have always been fascinated by the intricate details of courtroom proceedings. Term always piqued interest “keypoint”. But what does it really mean in the context of the court? Let`s delve into this intriguing concept and uncover its significance.

Understanding Keypoint in Court

Keypoint, legal context, refers central most point argument case. It is the pivotal issue that holds significant weight in determining the outcome of a legal proceeding. Essence, crux matter court focuses making judgment.

For example, in a criminal trial, the keypoint may be the presence of evidence that conclusively proves the defendant`s guilt or innocence. In a civil case, it could be the breach of contract that led to financial damages for one party.

The Importance of Keypoint in Court

Identifying and effectively presenting the keypoint is crucial for both the prosecution and the defense. Sets stage legal arguments determines trajectory case. Furthermore, judges rely on the keypoint to make informed decisions and deliver fair judgments.

According to a study conducted by the American Bar Association, 85% of court cases are ultimately decided based on the keypoint presented by the parties involved. This statistic underscores the pivotal role of the keypoint in shaping the outcome of legal proceedings.

Case Study: The Role of Keypoint in Landmark Legal Cases

These iconic cases exemplify how the keypoint played a pivotal role in shaping legal history and influencing societal norms. The identification and presentation of the keypoint were instrumental in achieving groundbreaking legal victories.

Keypoint legal term, fundamental element underpins fabric justice system. It is the linchpin that holds the legal arguments together and guides the court in delivering justice. As legal enthusiasts, understanding and appreciating the significance of keypoint in court proceedings is essential to gaining a deeper insight into the workings of the law.

Understanding Keypoints in Court: A Legal Contract

Keypoints in court are critical elements of a legal argument or case. Important clear understanding keypoint used court proceedings. This legal contract aims to define and establish the meaning of a keypoint in the context of court proceedings.

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• The Importance of Digital Evidence Presentation Systems

by ron | Nov 2, 2021 | Blog

The Scales of Justice have been used to symbolize truth and fairness in the justice system for centuries. This dates back all the way to Rome when they first began, with a reminder that everyone deserves their day in court – and that truth, fairness, equality should be given to all peoples, even if you are an accused criminal or someone being persecuted for their beliefs. Over the years in courtrooms, evidence has always been given. But year after year there is more to presenting that information than just giving it – today’s lawyers need tools for creating impact on jurors with their presentations whether they are sitting right next door or across state lines!

Digital presentation systems can help make sure all parties receive what needs seeing without missing anything important through remote access at any point during your case proceedings (even while you’re still deciding how best to approach things). You’ll never again have trouble looking over someone else’s shoulder when showing them something; now everything will stay focused solely where it should be: On Your Defense!

“93% of all information never leaves the digital domain. This means that the majority of information is being created, modified and consumed entirely in digital form.”

Forensic Focus

1. What is a Digital Evidence Presentation System (DEPS)?

Generally, a DEPS is made up of an evidence table, an overhead camera, lighting, a touch screen display, built-in speakers and multiple audio/video outputs and maybe connected to a DVD/CD Player, Computer, and LCD Screen.

2. How does it work and what are its features?

DEPS is comprised of an evidence table; overhead camera with lighting for low light situations; touch screen display which connects with multiple outputs including built in speakers or connection directly into other systems like the Judges screen for previewing, etc .

Attorneys can present evidence either by inserting the item and/or image under the document camera or by sending the electronic data points to the Judge for review before distribution. Data is collected from a variety of sources, such as cell phones, paper documents, physical items used at the scene of the incident/crime, etc…. No matter what the type of evidence it can be incorporated into the DEPS process so that all parties whether in person or remote can have access to view it.

3. What are some of the most common types of digital evidence used in courtrooms today?

According to Yuri Gubanov, with Forensic Focus, “A recent  research conducted by Berkeley scientists  concluded that up to 93% of all information never leaves the digital domain. This means that the majority of information is being created, modified and consumed entirely in digital form. Most spreadsheets and databases never make it on paper, and most digital snapshots never get printed. There are many activities such as chats and social networking that are specific to digital and are even unimaginable outside of the virtual realm.”

If this is true, and a large majority, if not all evidence is digital, how do we consume this properly? What are the most common types of digital evidence out there for review? Here is a starting list:

• Address books and contact lists
• Audio files and voice recordings
• Backups to various programs, including backups to mobile devices
• Bookmarks and favorites
• Browser history
• Compressed archives (ZIP, RAR, etc.) including encrypted archives
• Configuration and .ini files (may contain account information, last access dates etc.)
• Email messages, attachments and email databases
• Hidden and system files
• Organizer items
• Page files, hibernation files and printer spooler files
• Pictures, images, digital photos
• Virtual machines
• System files
• Temporary files

4. What are the costs associated with using DEPS?

The costs vary depending on the amount of courtrooms you need to deploy these in, complexity of wiring and install in each room as well as age. While there’s many similarities across all manufacturers’ devices they all do have their own spin so it’s important for trial attorneys or judges who want high performing equipment without paying too much money upfront do detailed research prior to purchase. DEPS is crucial to your courtroom environment and to allow all parties a chance at justice.

Training & Support

As any new technology deployment goes ongoing support for the judicial staff is crucial in ensuring that they know how to use the system properly. The goal of updated technology is to streamline the court proceeding and to ensure justice for all. Training should be provided, by the DEPS vendor, for the regular courtroom users, district attorney, public defenders, and even the local bar. For those that are not attorneys training can be provided by simply having a laminated cheat sheet next to the document camera on how to use the system.

In Conclusion

As the justice system becomes more digitized, so too does the evidence. Digital Evidence Presentation (DEPS) is a crucial part of any legal case involving digital content. We would love to hear your thoughts on DEPS and how it has impacted you or someone close to you in court! Comment below with your experience with this new technology that’s changing our world for better or worse. What are YOUR thoughts on DEPS?

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• Specifically, the final rule provides that it is an unfair method of competition—and therefore a violation of Section 5 of the FTC Act—for employers to enter into noncompetes with workers after the effective date.
• Fewer than 1% of workers are estimated to be senior executives under the final rule.
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• This represents an estimated increase of 11-19% annually over a ten-year period.
• The average worker’s earnings will rise an estimated extra $524 per year. 

The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Follow the  FTC on social media , read  consumer alerts  and the  business blog , and  sign up to get the latest FTC news and alerts .

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Supreme Court Allows, for Now, Texas Law Restricting Access to Porn

The law, meant to shield minors from sexual materials on the internet by requiring adults to prove they are 18, was challenged on First Amendment grounds.

By Adam Liptak

Reporting from Washington

The Supreme Court refused on Tuesday to block a Texas law that seeks to limit minors’ access to pornography on the internet by requiring age verification measures like the submission of government-issued IDs.

As is the court’s custom in rulings on emergency applications, its brief order gave no reasons. There were no noted dissents. A petition seeking review of an appeals court’s ruling upholding the law remains pending.

A trade group, companies that produce sexual materials and a performer challenged the law, saying that it violates the First Amendment right of adults.

The law does not allow companies to retain information their users submit. But the challengers said adults would be wary of supplying personal information for fear of identity theft, tracking and extortion.

Judge David Alan Ezra , of the Federal District Court in Austin, blocked the law, saying it would have a chilling effect on speech protected by the First Amendment.

“By verifying information through government identification, the law will allow the government to peer into the most intimate and personal aspects of people’s lives,” wrote Judge Ezra, who was appointed by President Ronald Reagan.

“It runs the risk that the state can monitor when an adult views sexually explicit materials and what kind of websites they visit,” he continued. “In effect, the law risks forcing individuals to divulge specific details of their sexuality to the state government to gain access to certain speech.”

A divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit disagreed . “The age-verification requirement is rationally related to the government’s legitimate interest in preventing minors’ access to pornography,” Judge Jerry E. Smith , who was appointed by Reagan, wrote for the majority. He was joined by Judge Jennifer W. Elrod , who was appointed by President George W. Bush.

Judge Patrick E. Higginbotham , another Reagan appointee, dissented, saying that the law chills free speech rights and could limit adults’ access to popular shows and films like “Game of Thrones,” “The Color Purple” and “The Girl With the Dragon Tattoo.”

When the majority declined to put its decision on hold while the challengers seek Supreme Court review, Judge Higginbotham again dissented , saying that the case “begs for resolution by the high court” because the majority opinion “conflicts with Supreme Court precedent.”

After the Fifth Circuit’s ruling, Pornhub, one of the most-visited sites in the world, suspended its operations in Texas .

The appeals court’s majority relied on a 1968 Supreme Court decision, Ginsberg v. New York , which allowed limits on the distribution to minors of sexual materials like what it called “girlie magazines” that fell well short of obscenity, which is unprotected by the First Amendment.

That decision applied a relaxed form of judicial scrutiny. But in Ashcroft v. American Civil Liberties Union in 2004, the justices blocked a federal law quite similar to the one from Texas, applying the most demanding form of judicial review, strict scrutiny, to find that the law impermissibly interfered with adults’ First Amendment rights.

Judge Smith, writing for the Fifth Circuit majority, said the earlier decision was the one that mattered. He reasoned that the Ashcroft decision contained “startling omissions” that undercut its precedential force.

The challengers, represented by, among others, the American Civil Liberties Union, told the justices that the Fifth Circuit was not entitled to second-guess the Supreme Court.

“This case presents the rare and noteworthy instance in which a court of appeals has brazenly departed from this court’s precedents because it claims to have a better understanding of the law,” they wrote .

In urging the Supreme Court to leave the law in place while it considers whether to hear an appeal, Ken Paxton, Texas’ attorney general, said pornography available on the internet is “orders of magnitude more graphic, violent and degrading than any so-called ‘girlie’ magazine of yesteryear.”

He added: “This statute does not prohibit the performance, production or even sale of pornography but, more modestly, simply requires the pornography industry that make billions of dollars from peddling smut to take commercially reasonable steps to ensure that those who access the material are adults. There is nothing unconstitutional about it.”

The plaintiffs had also challenged a second part of the law requiring sites to post “public health warnings” about the harmful effects of pornography, saying that the First Amendment bars such compelled speech. Judge Ezra and all three members of the Fifth Circuit panel agreed, and the challenge to that provision is not part of the Supreme Court case.

Adam Liptak covers the Supreme Court and writes Sidebar, a column on legal developments. A graduate of Yale Law School, he practiced law for 14 years before joining The Times in 2002. More about Adam Liptak

Trump in contempt, fined for violating gag order 9 times. So, what happens now?

Judge Juan Merchan held former President Donald Trump in contempt of court Tuesday for nine gag order violations in his New York hush money trial. He now faces a $9,000 fine and potential jail time if there are future gag order violations.

Merchan originally issued the gag order in March to protect potential witnesses, including adult film actress Stormy Daniels and jurors, from inflammatory statements that the former president has been known to make in other trials . The restriction included commenting on court staff, prosecution lawyers, and their families.

This is not the first time Trump has experienced gag orders, and he is expected to have another hearing for them on May 2, but what are they, and what do they mean?

More: What is criminal contempt? Explaining the new charges facing Trump

What is a gag order?

Gag orders are restrictions on what preliminary information about a trial can be released to the public and, in some instances, limits on what participants in a trial can say about it, when they can say it, and who they say it to. They are one tool used by judges to protect against trial interference.

Prep for the polls: See who is running for president and compare where they stand on key issues in our Voter Guide

These orders are rarely used for individuals in trials, but they are most commonly seen in high-profile criminal trials like Trump's. In his most recent slew of gag order violations, the former president went against the judge's orders by attacking witnesses and the jury in the trial through posts on the social media site Truth Social and his campaign website.

Are they constitutional?

Some see gag orders as a violation of First Amendment rights, but they are considered constitutional to help protect the right to a fair trial if they meet guidelines laid out by a 1976 U.S. Supreme Court case. Gag orders can be placed on media or trial participants if there is a lot of publicity around the case, there aren't any other routes to control pretrial publicity, and if they can prevent the publicity from reaching potential jurors.

What happens if a gag order is violated?

When gag orders are violated, they are treated as contempt of court . In these cases, judges can issue fines and, in some instances, prison time. The consequences of being held in contempt can vary depending on the state where a trial is held and whether the case is civil or criminal.

Breaking News

California’s ‘duplex bill’ was struck down in a handful of cities. What’s next?

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Latest decision on the ‘duplex bill’ adds to the cities-vs.-state conflict on the housing crisis

State leaders’ efforts to make it easier to build housing — and ideally more affordable units — have hit a snag in Los Angeles County Superior Court. Last week, a judge deemed as unconstitutional a 2021 law that ended single-family-home-only zoning in five cities (so far).

Senate Bill 9 was dubbed the “duplex bill” because it relaxed restrictions in single-family neighborhoods to allow homeowners to build multi-family developments on their property.

“Legislators reasoned that individual units in duplexes, triplexes and fourplexes would be more affordable than just one house on the land, and that more housing in general would ease affordability pressures,” my colleague Liam Dillon explained this week . “But, citing the costs to build, they did not mandate any units constructed under SB 9 specifically to be set aside for low-income residents.”

Attorneys for the five cities focused on that missing mandate, arguing that the law would disrupt communities without guaranteeing more affordable housing.

In his April 22 ruling , Judge Curtis Kin agreed and deemed the law unconstitutional, writing:

“... the Legislature cannot rely on a potential, eventual decrease in prices resulting from increased housing supply to demonstrate that SB 9 would increase the supply of affordable (i.e. below market-rate) housing.”

David Garcia, policy director for pro-housing organization Up for Growth , said Kin’s ruling was “bizarre.”

“There are a lot of policies aimed at increasing the overall supply of homes to temper rising rents and home prices that are not explicitly making deed-restricted, government-financed projects,” he told me. “By that interpretation, we would be hard-pressed to find a lot of reforms that would live up to that standard.”

For now, the ruling applies to the five cities that signed on to challenge SB9 in court: Redondo Beach, Carson, Torrance, Whittier and Del Mar.

But that could change, Liam reported.

“If his ruling is appealed and upheld, it would affect 121 communities known as charter cities, including Los Angeles, San Diego and San Francisco, that have greater autonomy under state law,” he wrote.

It’s up to Atty. Gen. Rob Bonta to appeal (TBD). Lawmakers might also amend the legislation to mandate affordable housing.

A challenge to the ‘California Dream’ (but not a new idea)

The SB 9 decision is the latest skirmish in the cities-vs.-state conflict over efforts to boost housing and make homeownership more attainable for millions of Californians.

Some cities have pushed back against state laws and mandates to create more affordable housing , arguing that different housing structures would negatively affect neighborhood character.

That’s because SB 9 challenged a long-standing symbol for ideal housing in the Golden State, Liam wrote:

“The lifestyle afforded by owning a suburban single-family home with a backyard and barbecue has long been mythologized as part of the ‘California Dream.’ Allowing multiple units to be built on parcels previously reserved only for single-family homes departs from that vision.”

Garcia said an underlying tension is the perception that everyone wants or can have that quarter-acre-lot lifestyle. But given that the majority of residential properties and lots in the state are zoned for single-family housing, there’s a dearth of affordable alternatives.

“This is about creating more choice for the household, particularly at price points that more people can afford,” Garcia said.

These aren’t novel choices, he noted. Toward the middle of the last century, many growing neighborhoods across the state featured duplexes, bungalow courts and small apartment buildings sprinkled in with single-family homes. But then more cities passed zoning laws to restrict that structural diversity.

“This stuff used to be legal; it used to be uncontroversial,” Garcia said. “[California] is just allowing some of these different housing types, which serve different household sizes and incomes, to be built again today.”

‘One small step’ to address our housing crisis

For Margot Kushel, a professor of medicine and director of the Benioff Homelessness and Housing Initiative at UC San Francisco, SB 9 “is part and parcel with the need to recognize that our state has done a terrible job at creating the housing that we need for all Californians.”

She said SB 9 is only a “slight tweak” to existing zoning laws. And it doesn’t require that any units constructed by homeowners be held to an affordability standard. So that’s far from enough to fix the state’s affordable housing shortage and interlinked homelessness crisis , Kushel explained.

“Is it one small step that we need to take to ease the pressure on the housing markets? Yes,” she said. “It’s discouraging that even really minor corrections to zoning laws meet with such resistance.”

Read more reporting from Liam on the SB 9 decision .

Today’s top stories

Campus protests

• Calling police on campus protests shows that college presidents haven’t learned a thing since the 1960s, columnist Michael Hiltzik writes.
• Commencement speakers launch a boycott of USC satellite graduation ceremonies .
• University protests dominate media coverage, obscuring the true horror of the Gaza war .
• Pro-Palestinian protesters set up encampments at several more California campuses.
• Police were in a tense standoff with Gaza war protesters Monday night at Cal Poly Humboldt, which has been closed for nearly a week with some students occupying campus buildings.

More big stories

• Monthly payments of $1,000 could get thousands of homeless people off the streets , researchers say.
• Former L.A. Mayor Antonio Villaraigosa is joining the cryptocurrency company Coinbase .
• Hollywood’s crew union negotiations have gone well so far. Now the hard part begins .
• Gérard Depardieu is reportedly in custody for questioning on sexual assault allegations.
• A lawsuit against Kevin de León could be dismissed next month , a judge rules.
• More student loan forgiveness is available , but the deadline for qualifying is Tuesday.
• A security guard was shot near the Encino home of the Weeknd’s co-manager in a possible attempted home invasion.
• California’s population increased last year for the first time since 2020 .
• Will AI deepfakes and robocalls upset the 2024 election?

Get unlimited access to the Los Angeles Times. Subscribe here .

Commentary and opinions

• LZ Granderson: College costs are beyond absurd. Here’s a way to rein them in .
• Anita Chabria: This ain’t N.Y. and other reasons Harvey Weinstein won’t win in California court .

Today’s great reads

California climbers train for Mt. Everest from the comfort of their own beds . Graham Cooper sleeps with his head in a bag. Not just any bag. This one has a hose attached to a motor that slowly lowers the oxygen level to mimic, as faithfully as possible, the agonies of fitful sleep at extreme altitude: headaches, dry mouth, cerebral malaise.

Other great reads

• Yikes! You’re stuck in a situationship. When to stick around or get out .

How can we make this newsletter more useful? Send comments to [email protected] .

For your downtime

• 🚆 Seven epic day trips you can take by train from Union Station.
• 🎭 Need a little hope? Geffen Playhouse magic show proves it is more than an illusion.
• 🍰 What is car cake? And why we could all use a slice or two.
• 📕 Time travel and surveillance-state paranoia collide in a witty, thought-provoking romance novel .
• 🧑‍🍳 Here’s a recipe for sticky orange chicken thighs with chile-cucumber salad .
• ✏️ Get our free daily crossword puzzle, sudoku, word search and arcade games .

And finally ... a great photo

Show us your favorite place in California! We’re running low on submissions. Send us photos that scream California and we may feature them in an edition of Essential California.

Today’s great photo is from Times photographer Allen J. Schaben. Relive Stagecoach with this beer-in-a-boot shot and read all about the best, worst and weirdest of the festival

Have a great day, from the Essential California team

Ryan Fonseca, reporter Defne Karabatur, fellow Andrew Campa, Sunday reporter Kevinisha Walker, multiplatform editor and Saturday reporter Christian Orozco, assistant editor Stephanie Chavez, deputy metro editor Karim Doumar, head of newsletters

Check our top stories , topics and the latest articles on latimes.com .

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Ryan Fonseca writes the Los Angeles Times’ Essential California newsletter. A lifelong SoCal native, he has worked in a diverse mix of newsrooms across L.A. County, including radio, documentary, print and television outlets. Most recently, he was an associate editor for LAist.com and KPCC-FM (89.3) public radio, covering transportation and mobility. He returns to The Times after previously working as an assistant web editor for Times Community News, where he helped manage the websites and social media presence of the Burbank Leader, Glendale News-Press and La Cañada Valley Sun. Fonseca studied journalism at Cal State Northridge, where he now teaches the next generation of journalists to develop their voice and digital skills.

More From the Los Angeles Times

Climate & Environment

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As court overturns a lot-splitting law, SB 9, one early adopter asks why

‘I’ve been terrified.’ Student fears triggered by Israel-Palestinian conflict skyrocket

Crime is a ballot ‘vulnerability’ for California Democrats after Schiff, Bass break-ins

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The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

What the New Overtime Rule Means for Workers

One of the basic principles of the American workplace is that a hard day’s work deserves a fair day’s pay. Simply put, every worker’s time has value. A cornerstone of that promise is the  Fair Labor Standards Act ’s (FLSA) requirement that when most workers work more than 40 hours in a week, they get paid more. The  Department of Labor ’s new overtime regulation is restoring and extending this promise for millions more lower-paid salaried workers in the U.S.

Overtime protections have been a critical part of the FLSA since 1938 and were established to protect workers from exploitation and to benefit workers, their families and our communities. Strong overtime protections help build America’s middle class and ensure that workers are not overworked and underpaid.

Some workers are specifically exempt from the FLSA’s minimum wage and overtime protections, including bona fide executive, administrative or professional employees. This exemption, typically referred to as the “EAP” exemption, applies when: 

1. An employee is paid a salary,  

2. The salary is not less than a minimum salary threshold amount, and 

3. The employee primarily performs executive, administrative or professional duties.

While the department increased the minimum salary required for the EAP exemption from overtime pay every 5 to 9 years between 1938 and 1975, long periods between increases to the salary requirement after 1975 have caused an erosion of the real value of the salary threshold, lessening its effectiveness in helping to identify exempt EAP employees.

The department’s new overtime rule was developed based on almost 30 listening sessions across the country and the final rule was issued after reviewing over 33,000 written comments. We heard from a wide variety of members of the public who shared valuable insights to help us develop this Administration’s overtime rule, including from workers who told us: “I would love the opportunity to...be compensated for time worked beyond 40 hours, or alternately be given a raise,” and “I make around $40,000 a year and most week[s] work well over 40 hours (likely in the 45-50 range). This rule change would benefit me greatly and ensure that my time is paid for!” and “Please, I would love to be paid for the extra hours I work!”

The department’s final rule, which will go into effect on July 1, 2024, will increase the standard salary level that helps define and delimit which salaried workers are entitled to overtime pay protections under the FLSA. 

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay. As these changes occur, job duties will continue to determine overtime exemption status for most salaried employees.

The rule will also increase the total annual compensation requirement for highly compensated employees (who are not entitled to overtime pay under the FLSA if certain requirements are met) from $107,432 per year to $132,964 per year on July 1, 2024, and then set it equal to $151,164 per year on Jan. 1, 2025.

Starting July 1, 2027, these earnings thresholds will be updated every three years so they keep pace with changes in worker salaries, ensuring that employers can adapt more easily because they’ll know when salary updates will happen and how they’ll be calculated.

The final rule will restore and extend the right to overtime pay to many salaried workers, including workers who historically were entitled to overtime pay under the FLSA because of their lower pay or the type of work they performed. 

We urge workers and employers to visit  our website to learn more about the final rule.

Jessica Looman is the administrator for the U.S. Department of Labor’s Wage and Hour Division. Follow the Wage and Hour Division on Twitter at  @WHD_DOL  and  LinkedIn .  Editor's note: This blog was edited to correct a typo (changing "administrator" to "administrative.")

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Middle East

What it means if the international criminal court issues arrest warrant for netanyahu.

Rachel Faulkner White

Mary Louise Kelly

NPR's Mary Louise Kelly talks with David Scheffer, former ambassador-at-large for war crimes issues, about the possibility of the ICC issuing arrest warrants for Israeli officials due to acts in Gaza.

Copyright © 2024 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.