Electronic trials (eTrials)
Electronic trials (eTrials) are conducted in the same way as paper-based trials and the same rules of evidence and procedure apply. The difference is that the documentary evidence is managed electronically, and, during eTrials, documents are viewed via the courtroom monitors.
How eTrials work
During eTrials, the Supreme and District Courts provide litigants with access to the eCourtbook - a free secure portal where documents can be stored, shared, viewed, and searched before and during the eTrial. Before the eTrial, litigants are provided with a login to access to the portal so that all documents to be relied on by the parties are uploaded to the eCourtbook. When litigants have provided the eCourtbook index this is added to the site and is ready for the hearing/trial.
An eTrial significantly reduces the time and costs spent on paper handling and copying and assists in ensuring that a trial proceeds quickly and efficiently. The eCourtbook provides:
- 24/7 access to the resolution bundle
- enhanced document search ability, including content searching
- a dedicated site with standardised branding and easy-to-navigate folder structures
- the ability for litigants to upload and mange their own evidence directly
- the ability for litigants to upload sensitive or confidential documents in a separate secure area
- access to the index that identifying the documents included in the resolution bundle.
Subject to the trial judge's approval, litigants may use an external provider to manage their eTrial. That provider will use its own technology and will be responsible for the functioning of that technology during the eTrial.
Making electronic disclosure
Alternative schedule to Form 19
In the Supreme Court, Practice Direction 18 of 2018 requires parties to litigation to provide copies of documents in the disclosure process as full text searchable, multi-page PDF files, unless there is a cost-effective and simpler alternative.
According to Practice Direction 10 of 2011 , the Document Management Spreadsheet/Example Index/Alternative Schedule for Form 19 UCP (.xlsx, 21KB) is the default protocol for document disclosure. The parties should agree on what information should be given with respect to each document to be disclosed. The schedule can be exchanged in Word or Excel spreadsheet format and can be provided electronically or in hard copy.
Resolution bundle
Prior to the trial each party needs to identify and select documents that are required to prove their case. When advised that the eTrial site is available these are the documents that each party will upload to the portal.
Please note that the eTrials team does not provide direction on disclosure. Under the UCPR and relevant practice directions, it is the responsibility of the parties to determine which documents are required for the Resolution Bundle.
eCourtbook index
When a proceeding is listed for an eTrial, parties can select documents and extract entries from the indexes created for the purpose of disclosure to create the Excel spreadsheet containing information about each electronic document to be relied on at trial (eCourtbook index). This is necessary to facilitate searching, collating, and locating documents in the eCourtbook during the period leading up to and during the eTrial.
The eTrial process
1. Listing an eTrial
An eTrial may be listed:
- at a case conference.
- on application by the parties to the trial judge.
- by a judge at a review, directions hearing, or in the Applications list.
2. Before an eTrial
On listing of an eTrial the eTrials team will provide documentation and assistance in relation to:
- how to prepare documents for upload to the eCourtbook
- the effective use of the eCourtbook in the leading up to and during an eTrial.
At least two weeks before an eTrial commences, the eTrials team creates the eCourtbook site, notifies the parties with their login details, and provides a training guide on uploading documents.
Parties should confirm with the eTrials team that they can access the eTrial site. Parties upload documentary evidence to be relied on at trial to the eCourtbook.
Parties must contact the eTrials team by email to request any deletion or changes to the eCourtbook's contents.
3. During an eTrial
At the start of an eTrial, the associate to the trial judge takes charge of the eCourtbook. They update the eCourtbook when needed, show documents requested by the parties, and manages documents marked for identification or as exhibits.
4. After an eTrial
At the conclusion of an eTrial, and once any appeal period has lapsed, the eCourtbook is archived.