Lawyers involved in a billion-dollar claim, with an eTrial ordered, found themselves facing a new Judge just weeks out from trial, who described his background as that of ‘technological ineptitude’.
This complex, financially focused case had been on foot for more than six years and involved many thousands of documents and globally spread legal teams. The trial was expected to run for two years.
The originating Judge had ordered an electronic trial but then recused himself from hearing the matter shortly before the trial commenced. The new Judge agreed that as the parties had been preparing for an eTrial that the trial should proceed on that basis. The Judge indicated to the parties that he was keen to ensure the Court was not dominated by the technology, rather that it be the Courts servant.