The Commercial Division Advisory Council (“CDAC”) has recommended a new rule that would introduce the use of Virtual Evidence Courtrooms in the Commercial Division. The proposed Rule 25-a is now under review by the Administrative Board of the Courts (the “Board”). If adopted, the rule would mark another step towards the Commercial Division’s ongoing efforts to modernize litigation procedures and use technology to meet the demands of complex commercial cases.
What Is a Virtual Evidence Courtroom?
A Virtual Evidence Courtroom (“VEC”) is a secure, web-based platform that would be integrated into NYSCEF that centralizes the storage, organization, and presentation of trial evidence. Once authorized by the presiding justice, a VEC would appear as a dedicated tab in the case docket within NYSCEF, allowing parties and the court to upload, access, and display exhibits in real time. Key features would include exhibit indexing, search functions, role-based access and control, and strong security protections such as encryption and user authentication.
The goal of VECs is to streamline the management of trial materials, reduce reliance on physical documents, and improve the flow of information during all stages of litigation, especially pre-trial, trial, and post-trial procedures.
Benefits to Litigators and the Court
The proposed rule follows in the footsteps of several Commercial Division justices who have already implemented VECs with success – Justices Andrew Borrok, Anar Rathod Patel, and Melissa Crane. The CDAC argues that VECs offer the following benefits across the litigation timeline:
- Streamlined Evidence Management: PDF uploads reduce physical clutter and make exhibits easier to find and access;
- Enhanced Trial Efficiency: parties can display exhibits and other documents to witnesses and the court by electronic means;
- Enhanced Pre-Trial Preparations: early and centralized access to exhibits promotes better trial prep;
- Improved Trial Scheduling and Management: parties and the court can better estimate the time required for presenting certain evidence and witnesses;
- Improved Post-Trial Activities: admitted evidence would remain accessible for briefing and appeals;
- Enhanced Reputation for Innovation: adopting the rule furthers the Commercial Division’s standing as a technologically-advanced and efficient court.
Conclusion
While the proposed rule would not mandate VEC use, it reflects the Commercial Division’s continued commitment to innovation and procedural efficiency. Parties in complex, document-heavy cases should be prepared to discuss VEC use at pretrial conferences and may want to incorporate it into their trial strategy. If adopted, Rule 25-a would further cement the Commercial Division’s status as a national leader in modern commercial litigation.
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