Modern Communications and Information Technology and the Taking of Evidence

Abstract

While the role of information technology for the administration of courts, for filing, docket and calendar purposes is obvious, this paper is going to address the role of information technology in the taking of evidence. Here we find information technology not just in a supporting role. Rather, employing information technology for the taking of evidence goes go the “heart” of the trial and may affect the “cultural core” of civil litigation. This paper is divided into two parts. The first part is designed to provide an overview of possible fields of application of information technology for the taking of evidence. These include discovery proceedings, preparation for trial, technologically augmented litigation, modern courtroom technology, video conferencing, court records, scanning of documents as well as more advanced technology such as virtual trials and cyber courts. The second part of this paper contains a discussion of “pros and cons” associated with these new methods, and will try to assess how they impact the “culture” of civil litigation. The new technologies are examined against the background of traditional principles of civil procedure. The author suggests that, while certainly extremely valuable as a supporting tool, new technologies did not bring about a fundamental change to the structure of civil proceedings. To find a meaningful integration of traditional principles of civil procedure and modern technology is a challenge for the future, for practitioners and academic lawyers alike.