JERS (JURY EVIDENCE RECORDING SYSTEM)
Judge Percy Anderson is participating in a pilot project using a jury evidence
recording system (JERS) that allows evidence admitted during trial to be viewed
electronically in the jury deliberation room upon the conclusion of the trial. JERS
provides easy access to evidence during the deliberations through the use of a large
screen monitor in the jury room. JERS also provides an efficient method for
tracking the receipt and introduction of evidence in document-intensive bench
trials. Judge Anderson will determine how and if JERS will be used during each
specific trial.
Attorneys of record will be given an opportunity to review the exhibits at the
conclusion of evidence. The Courtroom Deputy Clerk, at the Judge’s direction,
will release exhibits to the jury as deliberations begin. JERS has the ability to:
Store all exhibits submitted prior to trial, and then designate just those admitted
into evidence for the jury’s use during deliberations; Capture, through the
courtroom’s presentation equipment, exhibits that were not submitted prior to trial
but later admitted by the court; print a list of the exhibits, by number and by
description, that can be released to the deliberating jury; and restrict how the jury
may review the exhibit: Audio Only, Video Only, Zoom Off (Zoom Off restricts
the jury from enlarging an exhibit on the large screen in the deliberation room).
At the conclusion of the trial (after the verdict is returned) the Courtroom Deputy
Clerk has the ability to produce a DVD of all exhibits presented to the jury for the
attorney of record for the plaintiff and defendant, upon request.
JERS will accept electronic evidence only in the following formats as other types
cannot be uploaded:
Documents and Photographs: .bmp, .gif, .jpg, .pdf, .tif
Video and Audio Recordings: .avi, .mpg, .mp3, .wav, .wma, .wmv
Regarding the file size of electronic evidence, individual files should not exceed
500MB. If possible, exhibits approaching or exceeding this size limit should be
separated into multiple files. Note: PDF documents can often be reduced
significantly in size by using tools such as Adobe’s “Reduce File Size” feature.
Images can be significantly reduced in file size by lowering their resolution or
dimensions, usually with minimal affect to viewing quality. Videos should be
separated into 10 minute clips to satisfy the 500 MB limit.
SUBMITTING EXHIBITS
Counsel shall submit all proposed exhibits on a flash/thumb drive. The drive shall
be labeled with the title of the case and the name of the party for whom the exhibits
are submitted. These files will be utilized BY THE COURT ONLY and will not
be provided to the opposing party.
All the files shall be in one directory on the thumb drive (preferably the root
directory). A hard copy of the party’s exhibit list that includes the electronic file
name for each exhibit shall be submitted with the Thumb Drive and an electronic
copy of the Exhibit List shall be accompanied on the thumb drive in Word Format.
Unless otherwise directed by the Court, the Thumb Drive will not be returned to
counsel.
Parties shall be prepared, as is the usual practice, to submit hard copies of all
exhibits admitted during trial. JERS is NOT used by counsel during trial to present
evidence. Exhibits shall be presented to the jury by a laptop connection or by
conventionally presenting exhibits using the electronic document camera. It is the
responsibility of counsel that exhibits used during trial coincide in exhibit number
and image to the exhibits electronically submitted to the court and to substitute any
documents that have been altered.
There are two ways for attorneys to electronically prepare exhibits for use in JERS.
Exhibit files can be formatted in a manner that permits them to be batch imported
into the JERS system.
METHOD ONE (MOST COMMONLY USED)
File Naming Method: All files are provided on a single storage device
such as a CD, DVD, or USB drive.
Using any software or method, exhibit files are renamed using a naming
convention similar to:
Exhibit Number-Exhibit Part_Exhibit Description.File Extension
The use of the “underscore” character is required when a description of the exhibit
is included and cannot be used elsewhere in the exhibit name.
Exhibit Number[underscore]Exhibit Description[.]File Extension
Example: 101_Photograph of Gun.pdf
Note: An underscore must be placed between the exhibit number
and exhibit description. Do not use an underscore
anywhere else in the exhibit file name.
SUB EXHIBIT
Exhibit Number[dash]Sub Letter[underscore]Exhibit Description[.]File Extension
Example: 101-A_Photograph of Gun Marked Up.pdf
Example listing of valid exhibit file names:
1_photograph.jpg 1-a_photograph.jpg
12_2009 Tax Statement.pdf 15(a)_camera footage.wmv
10_2009 tax statement.pdf 101_camera footage.wmv
103_Sara Smith depo part 1.pdf 103-a_Sara Smith depo part 2.pdf
Please do not use descriptive words in the file names such as “confidential,”
“damages/damaging,” “stolen,” “attorneys eyes only,” etc.
METHOD TWO
Attorneys using exhibit management software may submit (on a CD or DVD-R)
exhibits exported using an indexed file method. The CD shall also contain a text
delimited file naming the exhibits. The text file must be named “Exhibits.txt” and
each line must contain information using this format:
Exhibit Number-Subpart|Exhibit Description|Exhibit File Name.File Extension
Example listing of valid exhibit file names:
001-001|Camera footage|001.wmv
002-001|Contract.pdf|002.pdf
003-001|Photo of bank from west|003.jpg
003-002|Photo of bank from east|004.jpg
The “Exhibits.txt” file must be in the same folder or directory as all the exhibits.
IMPORTANT: The exhibit description for either method may not exceed 130
characters, including spaces. Quotation marks, brackets, parentheses, and foreign
language accent marks MAY NOT be used in the exhibit description. The exhibit
description will appear on the list displayed to the jury. The file name MUST NOT
begin with a number. Hyphens and underscore characters must be used only as
shown in the examples above.
PRIOR TO TRIAL
Counsel shall mark all exhibits as directed by the Court, and produce an exhibit list
and produce the thumb drive/flash drive as indicated above.
DURING TRIAL
There is no real difference for the attorneys or the jury during the trial. Exhibits
still will be presented and admitted in the traditional format (i.e., on paper or
electronically). Attorneys shall have paper copies of all exhibits available to be
marked by the clerk when admitted by the Court, and for use by the jury during
deliberations. On occasion evidence may be modified by a witness (for example,
marking a picture or document) or by the Court (redacting certain pages of an
exhibit), during the trial. Counsel must clearly communicate to the Courtroom
Deputy Clerk whenever a substitution is made and present the exhibit during the
trial in electronic form on a USB flash drive and/or via email. This is so that the
Courtroom Deputy Clerk may update the exhibit list in JERS for use during
deliberation.
JERS also has the functionality to capture live evidence being displayed over the
evidence presentation equipment (document camera, DVD/VCR, or audio system).
A snapshot, audio or video clip may be admitted to the record when requested by
counsel and approved by the Judge.
PRIOR TO DELIBERATIONS
The Courtroom Deputy Clerk will meet with counsel prior to the Court’s charge to
the jury and review all exhibits entered in the JERS software, to guarantee that the
evidence is labeled correctly.
The JERS software has the ability to permit, or not permit, the jury to zoom in or
zoom out of any evidence (other than audio or video submissions). The Court may
make a determination, when necessary, as to how that function will be used.
The Judge will advise the jury that JERS is available in the deliberation room and
explain that a tutorial is available.
APPEALS
The Court of Appeals requires the submission of hard copies of any and all trial
exhibits. Hard copy (paper) exhibits are returned to counsel at the conclusion of
deliberations. Counsel must retain those exhibits until the appeal time has lapsed.
