Mary L. Nicolas Brewster

For a Part 11 trial, counsel must raise special requests for media or technology during the pretrial conference and submit them no later than the end of the first day of jury selection, or by the end of the pretrial conference for a bench trial.

Any special requests regarding the use of media or technology must be raised at the pre-trial conference

Part 11 motion papers containing video or audio evidence must provide a working unrestricted URL or deliver the media to chambers on a flash drive, with a duplicate furnished to all parties.

If a motion contains video or audio evidence, a copy must be provided to the Court

In a Bronx County Summary Jury Trial, counsel may use innovative jury presentations, including medical records, reports, and PowerPoint.

Counsel are encouraged to use innovative methods of presentation to the jury, including medical records, reports, PowerPoint presentations

Evidence or trial notebooks intended for the jury in a Bronx County Summary Jury Trial must be exchanged 30 days before trial or the material may be precluded.

Any evidence or trial notebook intended for the jury must be exchanged thirty (30) days prior to trial or may be precluded

The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.

1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE

In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.

The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.

Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.

Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.

Live or prerecorded video testimony is permitted in a Bronx County Summary Jury Trial.

Video taped testimony, live or pre-recorded, is permitted

For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.

Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.

For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.

For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.

New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.

Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained