What is the Virtual Evidence Courtroom? - by Nicole Milone

In the fall of 2025, the commercial division rules of the New York Supreme Court were amended to add Rule 25-a titled “Virtual Evidence Courtrooms.” What does this new rule mean for practitioners?

The “virtual evidence courtroom” or “VEC” is a web-based platform incorporated into the existing NYSCEF system that allows practitioners to organize, store and share evidence in a secure manner. The rule is not mandatory but instead encourages participation by litigants for handling evidence during trials. The process is controlled by the presiding justice, who must first authorize the use of the VEC for the trial in question. Parties are encouraged to confer in advance of the pretrial conference on the use of the VEC. Once authorized, the VEC is only accessible by those specifically identified by the court in consultation with the parties. At that point, counsel of record will receive a NYSCEF-generated email with instructions for use. During pre-trial preparation, the VEC allows counsel to upload proposed exhibits in PDF format and offers a single shared location where counsel and court personnel have access, eliminating the voluminous binders and bankers boxes of years past. During trial, the VEC clearly indicates which exhibits have been admitted into evidence and enables a seamless transition for witness examinations. Although the VEC is not accessible to the public, practitioners are still responsible for ensuring compliance with any confidentiality or privacy laws when uploading materials.

All in all, the adoption of Rule 25-a by the commercial division marks another step forward for New York litigants to embrace the ever-changing landscape of technology.

Nicole Milone is a partner in the Litigation Practice Group at Certilman Balin Adler & Hyman, LLP, East Meadow, NY.