Opinion
Civ. No. 85-2441 (HAA).
December 28, 2004
OPINION AND ORDER
This matter comes before the Court on a motion by Plaintiff John Crowley ("Plaintiff") to allow a multimedia courtroom presentation at trial. Plaintiff proposes to use the TrialGraphix Multimedia Presentation System, which consists, inter alia, of a projector and several computer monitors situated throughout the courtroom that would facilitate the publication of exhibits and the presentation of videotaped trial testimony. Plaintiff also asks that his vendor, TrialGraphix, be permitted to set up the system in the Courtroom in advance of the trial. Accordingly, Plaintiff moves the Court for an order: (1) allowing Plaintiff to publish evidence through computer monitors at trial; (2) granting TrialGraphix permission to set up the system in the Courtroom in advance of the trial; and (3) granting TrialGraphix permission to enter and leave the building with the equipment at the conclusion of the trial.
In a letter dated April 14, 2004, counsel for the Estate of Arnold Chait (the "Estate of Chait") registered their opposition to the order as proposed by Plaintiff. The Estate of Chait takes the position that any order in response to Plaintiff's motion should specify that any use of electronic devices at trial should be "subject to a protocol to be agreed upon and/or ordered by the Court." (Letter from Bartkus to Court of 4/14/04, at 1.) In addition, the Estate of Chait requests that any order permitting the parties, attorneys, and/or vendors to enter the Courthouse with electronic equipment should expressly cover all trial counsel and their assistants.
Finally, PricewaterhouseCoopers LLP ("PwC") filed an opposition. PwC believes that this trial does not require the extensive multimedia equipment that Plaintiff proposes, but concedes that the use of some electronic technology may be desirable. PwC requests guidance from the Court as to what electronics are feasible and appropriate for the Courtroom, and anticipates that with such guidance, the parties will be able to agree upon a single plan to be presented to the Court for approval.
The Court agrees with PwC that the precise medium or media that each party utilize in presenting its respective case should, if possible, be determined by agreement of the parties. Of course, all such arrangements shall be subject to the Court's approval and shall meet with security precautions as established and enforced by courthouse security personnel. For its part, the Court has no objection to the use of a TrialGraphix Multimedia Presentation System at trial, subject to a protocol to be agreed upon and/or ordered by the Court. Likewise, the Court shall permit all attorneys, assistants, parties, vendors, and witnesses legitimately associated with this case to have access to the Courtroom at appropriate times and with appropriate electronic equipment, and shall so inform the Courthouse Security Officers stationed at the security checkpoint on the third floor of the Courthouse. The Court stands ready to provide additional guidance as necessary.
SO ORDERED.