83.16 Presentation of Electronic Evidence to a Deliberating Jury, Jury Evidence Recording System (JERS)

(a) Use of Jury Evidence Recording System (“JERS”)

JERS is a court technology system that allows a deliberating jury to review trial exhibits, such as documentary, photographic or video exhibits, on a plasma screen using a touch screen kiosk. Unless otherwise ordered by the court, JERS shall be the exclusive medium used to present electronic evidence to a deliberating jury. Parties using JERS shall comply with the procedures set forth below in this rule and on the court’s website.

(b) Production of Exhibits in Electronic Format

In addition to submitting their exhibits in paper as required by LR 83.14 and LCrR 16.1(h), the parties shall simultaneously exchange and submit their exhibits in an electronic format that strictly conforms with naming and submission instructions on the JERS section of the court's website. Exhibits shall be described using neutral and non-adversarial terms. To the extent practicable, the parties should endeavor to have available at trial an electronic copy of any unlisted exhibit that is used to impeach a witness and is admitted into evidence. Exhibits that cannot practically be reduced to electronic format, such as large physical exhibits, or exhibits that the parties have agreed should not be submitted to the deliberating jury in electronic format need not be submitted electronically for entry into JERS.

(c) Confirmation of Exhibits Released to Jury for Deliberations

Before the jury begins to deliberate, the parties will confer with the courtroom deputy and will (1) agree on the exhibits that will be released to the jury through JERS, (2) confirm that the exhibits in JER are identical to the exhibits admitted into evidence, and (3) agree what restrictions, if any, may apply to each exhibit (e.g. audio only, video only). Any disagreements will be resolved by the presiding judge.

(d) Integrity of Deliberation Process

No court personnel will enter the jury room once deliberations have commenced without the court's permission. Any request by the jury for technical assistance will have to be made in writing, and presented to the parties for their consideration and to the court for approval, before any court staff member will be permitted to provide assistance. In the event court staff must assist with a technical problem, jurors will be escorted to another room while court staff resolves the problem.

History

(Added 12/1/11; formerly LR 83.15 renumbered to 83.16, introduction deleted, § (a) added, §§ (a) – (c) relettered, 12/1/13; § (b) amended 12/1/15)