Effective Nov. 10, the newest addition to the Rules of the Commercial Division of the Supreme Court does not mandate the use of VECs, but advocates for their ability to help parties with cases that are "particularly complex and document intensive," Chief Administrative Judge Joseph A. Zayas said Tuesday.
"The new rule is a big step for trial practice in New York," Hunton Andrews Kurth LLP partner Susan Shin told Law360 Pulse on Thursday.
Shin is a member of the Commercial Division Advisory Council, which argued in a memo earlier this year that VECs, which allow parties to organize, store and share evidentiary materials in real time, can make the trial process more organized and efficient, noting at the time that three of the division's justices have already implemented them.
"Virtual Evidence Courtrooms (VECs) represent a significant technological advance, offering a secure, digital platform for managing and presenting evidence during trials," the council said.
Shin has had the opportunity to use the technology and said that while it can be a bit tricky at first, it ultimately makes the litigation process much easier.
"You never have to use 30 or 40 boxes, which is what I still do because not all courts use this," she said.
While the chief administrative judge's order keeps the VECs optional, Shin thinks their support for the technology will carry weight in the courts.
"If history shows us, I do think the commercial division rules have had that effect, and I have no doubt it'll have that effect here as well," she said.
VECs are currently available in Supreme Court, Court of Claims and some Civil Court cases, according to the New York State Unified Court System, which is in charge of the state's judicial branch. The new rules say that attorneys should discuss the proposed use of a VEC prior to holding a pretrial conference on the matter.
--Editing by Alanna Weissman.
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