Earlier this year, I reviewed Coutroom Objections, an app by Texas attorney Anthony Shorter that can be used to assist a litigator (especially a new litigator) make objections at trial. Shorter recently released a second app called EvidPredicates which provides litigators with a cheatsheet for making sure that they have laid the correct foundation for introducing evidence at trial. Most seasoned litigators will already know this stuff, but for the new courtroom advocate, in can be helpful to have a reminder of testimony you need to elicit from a witness to lay the foundation for moving to admit a writing, photograph, etc.
When you start the app, the top of the screen contains a scroll wheel from which you can see the key applicable rules such Best Evidence Rule, Business Records, Authentication, etc. Select a rule to get a quick definition at the bottom.
At the bottom there are two other buttons. One button brings you to an orange screen that lays out the basic foundation rules for any type of evidence.
The other button brings you to a page containing specific scenarios in which you will want to lay a foundation for admitting evidence, such as authenticating handwriting, using computer animations, etc.
I have three gripes with this app. First, I found the interface cluttered and a little confusing. Indeed, I don’t see the point in always displaying a list at the top, which gives you only half a screen to list the information that the user of this app will want to see. Second, the information provided in this app is pretty basic. Third, the app doesn’t indicate the source of the rules. I presume this is following the Federal Rules of Evidence, but be aware that the rules of evidence do vary somewhat from state to state (although, to be fair, I suspect that most of the content of this app would apply in any American jurisdiction).
Notwithstanding these gripes, I can definitely see a young litigator blanking out on what is necessary to lay the foundation to admit an exhibit. Having this app on an iPhone can provide a quick crutch. Indeed, even if you only have a need for this app one time, that will be enough to justify the cost. Thus, I can see young litigators getting this app now just so that it is on their iPhone if and when they ever need it in court.
It’s a good point about young litigators. Until the judge gets angry that they are using a cell phone in the courtroom.
They can also use an iPad, and it would make sense to develop an app like this to include source citation and other information that can be more easily displayed on the iPad’s larger screen.
When I was a young trial lawyer (I never was a litigator I actually tried and still try cases) lots of people used (and as far as I know may still use) Am Jur Proof of Facts. My thought then and my thought now was if you do not know what the elements of your prima facie case or defense are, you have no business being in the courtroom.
Ditto what Mr. Cornell said plus, whatever happened to trial and error (pun intended) and learning from experience? IMO this app, if used in the way it was intended, will never teach budding trial lawyers, especially when you bear in mind that timeliness is essential before the trier of fact. It’s analogous to using an electronic calculator instead of learning multiplication tables.