The Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association hosted a very special guest speaker at its final meeting of 2024: The Honorable Timothy S. Driscoll from the Commercial Division of Nassau County. Justice Driscoll opened the meeting with some general points about how he runs his courtroom; discussed his preference for in-person appearances and hearings; and shared his views on how AI is affecting the practice of law.

However, the highlight of Justice Driscoll’s discussion detailed how to effectively utilize his new technologically-advanced courtroom. Justice Driscoll recently decked out his courtroom with a few large monitors and with smaller monitors at each counsel table, the witness stand, and the bench. The litigators connect their personal computers to the monitor at the counsel table, and each monitor throughout the courtroom mirrors the exhibits that the litigators display from their computers.

When asked about how to prepare for such a digital trial or hearing, Justice Driscoll’s message can be summed up by the old adage “practice makes perfect.” Justice Driscoll offered up his courtroom––so long as he is not on the bench––to any litigators set to appear before him to practice using the technology. Practicing with the technology is essential, especially because Justice Driscoll may set a “chess clock” time limit for presenting your case. You can call his courtroom clerk to schedule a time to come in and practice.

First-year associates typically do not see the inside of the courtroom, but I was fortunate enough to work on a Farrell Fritz trial team for Justice Driscoll’s first trial using the new technology back in mid-October. Having experienced a five-day trial, I have some additional recommendations to make Justice Driscoll’s courtroom seem a little less daunting.

First, I echo Justice Driscoll’s emphasis on practice. About a week before the first day of trial, I scheduled an afternoon to test the technology. I brought my computer ready with three different types of exhibits: a photo; an expert report; and an excel sheet. That way, I knew exactly how each type of exhibit would appear to an audience. In addition, I practiced with all of the tools available on the counsel table monitor including highlighting; circling; drawing; and other visual effects.

Second, come prepared with a backup computer pre-loaded with all exhibits that you intend to display. After four days of trial in which my computer operated flawlessly, on day five, my computer froze at possibly the worst time: during the questioning of a witness. I had a spare laptop ready, and the examination of the witness continued without a hitch. Having to restart a laptop, or even ask the court for a brief recess, can halt the momentum and flow of the trial or hearing.

Finally, related to the point on having a spare computer ready, make sure to bring other necessary equipment, such as a power strip; laptop chargers; and, if your computer does not come equipped with an HDMI port, an adapter. The only connectivity input available is an HDMI cord, so without an HDMI port or an adapter, litigators cannot display their screens.

In short, Justice Driscoll’s futuristic courtroom may one day become the norm in the Commercial Division. Having been only the first to attempt (at least in Justice Driscoll’s courtroom) to conquer the digital presentation of evidence, I am sure potentially unforeseen issues will arise. However, by heeding Justice Driscoll’s advice and familiarizing yourself with the technology prior to your trial or hearing, you will maximize your time and efficiently present evidence to Justice Driscoll, a jury, or both.