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winter23

Peer to Peer: ILTA's Quarterly Magazine

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27 I L T A N E T . O R G T he management and presentation of testimonial evidence is undergoing a revolutionary transformation driven by advances in legal technology. Cutting-edge innovations empower attorneys to optimize the handling of depositions, witness statements, and trial exhibits – enabling them to build more robust, persuasive cases more efficientlye. Sophisticated solutions are enhancing how legal teams capture, organize, analyze, and present testimonial evidence. This is accelerating case preparation, streamlining discoveries, and amplifying courtroom impact. Let's explore some of the most transformative technologies defining the future of modern testimonial evidence management. Intelligent Exhibit Capture Intelligent exhibit capture technology revolutionizes how attorneys present digital evidence in depositions. It captures every mouse click, scroll, zoom, and keystroke made by deponents reviewing electronic documents. This visual interaction is synchronized with deposition transcripts. For example, in a product liability case, a plaintiff can use intelligent exhibit capture when presenting an equipment design diagram to the defendant's engineering expert. The technology records the expert zooming in on a particular component and circling alleged design flaws with the cursor. The plaintiff's legal team can then use this video exhibit to compellingly argue that the expert's body language and on-screen markings demonstrated critical concessions regarding defects. The visual evidence proves more impactful than mere transcripts. Intelligent exhibit capture is especially valuable when working with complex digital evidence like large spreadsheets, source code, CAD drawings and medical images. It records spatial relationships, formulas and other nuances that reveal deeper insights into a witness's thought process and testimony. Advanced Exhibit Organization Advanced exhibit organization streamlines the management of all exhibits into a master digital case file. Exhibits are indexed using metadata like description, witness, date, etc., and organized chronologically with hyperlinks between file references. In complex multiclaim litigation, legal teams can use exhibit organization tools to compile critical documents related to various allegations and defenses into a unified, navigable case file. This enhances accessibility and review of related evidence. It also provides quick access to related patent claims and counterclaims linked by hypertext. In court proceedings, exhibit organization tools could efficiently display evidence refuting infringement allegations. By enhancing document accessibility and review, legal teams are empowered and can effectively develop their narratives and arguments. Paperless Exhibit Management Having a cloud-based tool to aid in paperless exhibit management eliminates the headaches of printing, transporting, and updating physical exhibit binders. Exhibits can be uploaded digitally and accessed on computers and tablets anytime, anywhere. For instance, legal teams with numerous exhibits from various data sources can leverage paperless exhibit management for centralized, remote access to all relevant materials. This makes collaborating and presenting exhibits in depositions smooth and simple regardless of whether the This is part two of a two-part series on the advancement in technology related to the capture and management of testimonial evidence. Part one appeared in the 2023 Fall Issue of Peer to Peer.

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