New York Virtual Evidence Courtroom Is a Model for Innovation

New York’s Commercial Division’s Rule 25-a, which took effect last month, introduces and encourages using a virtual evidence courtroom known as VEC—a secure, web-based platform linked directly to each case’s e-filing docket.

The system represents the court’s latest effort to modernize trial practice and strengthen its reputation as a national model for business-court innovation.

Within a few years, the use of the VEC (or a successor platform) may well become mandatory, just as New York State Courts’ e-filing system did after its pilot phase. Lawyers who adopt it early will gain a strategic edge by integrating digital exhibits seamlessly into their trial presentations.

Centralized Evidence

Already in practice in other New York courtrooms, the VEC functions as a central digital exhibit room, allowing judges, lawyers, and courtroom staff to upload, organize, and access exhibits in real time.

Exhibit management at trial has long been a patchwork of PDFs, binders, and Dropbox links. They’re all risky, with the potential for lost files or conflicting versions and confusion about what documents, and which versions, were officially admitted.

The VEC promises to replace that with the digital equivalent of the courtroom exhibit table. Once an exhibit is uploaded, opposing counsel and the judge can review it immediately.

It also gives parties a way to upload documents by type and allows for submissions well beyond boilerplate evidentiary labels like “Plaintiff’s Exhibit 1” or “Defendant’s Exhibit 2.”

Parties can upload their own proposed exhibit lists, witness lists, trial memoranda, and fact sheets, as well as jointly upload joint exhibits for identification and stipulations of facts not in dispute, among other items.

The VEC supports hybrid proceedings. A witness testifying remotely can be directed to the same exhibit number on the platform, ensuring a synchronized view for everyone in the courtroom or online.

Implementation and Expectations

Rule 25-a encourages using VEC in complex, document-heavy cases where centralized management can offer the most value to litigants and the court. Counsel should anticipate that judges will raise the VEC’s potential use at pretrial conferences, where either party may request, or the court may direct (with or without consent of counsel), that a VEC be established for trial.

Alongside the usual meet-and-confer topics—such as conventions for pre-marking trial exhibits and identifying deposition testimony for admission under Comm. Div. Rules 28-29—attorneys should include potential VEC use on their agenda and be prepared to discuss proposed plans during the pretrial conference.

Once authorized, the parties and court will determine access rights and assign secure, role-based permissions for all users. This protects confidentiality and discovery obligations while giving each side appropriate control over uploading and managing exhibits.

For litigators, the VEC means everyone is working from a centralized record that identifies exhibit numbers, admissibility designations, and identity of party submission for all involved.

For the judiciary, the efficiencies are long-term. The evidentiary record is preserved automatically, simplifying post-trial briefing and appeals and eliminating administrative inefficiencies. Once enacted in every Commercial Division case, the VEC can help reduce the procedural drag and backlog.

Practical Considerations

The VEC only accepts documents in a PDF/A format. Traditional PDFs will be rejected and must be converted to PDF/A prior to upload. Parties should consider pre-converting files well before the deadline.

This restriction also means the VEC won’t accept audio or video files, a limitation that may be critical for cases contingent on such evidence. Those materials will still need to be presented separately.

An upload to the VEC isn’t automatically an upload to the county clerk’s record. Documents uploaded to the VEC reside in a separate folder on NYSCEF, and documents that are to be filed on the docket require an additional step.

The new Rule 25-a doesn’t yet require using the platform and gives judges the discretion to determine its adoption. But consider the early days of e-filing, where voluntary use became standard practice over time, attorneys should anticipate the same trajectory for widespread adoption here.

The Commercial Division isn’t the first court to experiment with digital evidence management. In the New York Supreme Court, which is what the state calls its trial-level bench, over half of counties are already using the VEC.

In federal courts, the US District Court for the Eastern District of New York has long operated a digital media exhibit submission portal, allowing lawyers to upload electronic evidence after filing a notice on the docket.

Digital Evolution

This rollout continues a decade-long shift toward technology-driven trial management. The Commercial Division of the New York Supreme Court, New York County operates under “Courtroom 2000,” which outfits its courts with the advanced technology as a pilot for other courts in the state.

Courtroom 2000 offers real‐time transcription services, exhibition of exhibits via the interactive whiteboard and touch-screen monitors, and electronic podiums. The VEC is a natural step forward.

A few years ago, remote depositions seemed improbable. They’re routine today—a time- and cost-saving mainstay for out-of-state clients, witnesses, and counsel.

By making trials and pretrial procedures more efficient, New York’s courts can reduce backlog, cut delays, and move cases to resolution faster. While many pandemic-era measures have faded, their efficiencies remain.

Rule 25-a builds on those lessons, digitizing one of the last paper-heavy corners of trial practice to create a faster, more transparent system.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Elyssa Brezel is an associate at Amini who couples courtroom experience with dedication to justice.

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