As digital evidence becomes routine in nearly every case type, courts face increasing challenges in how it is submitted, reviewed, presented, shared, and preserved. To help courts navigate these challenges, the Joint Technology Committee (JTC) has released a new resource bulletin, “Managing Digital Evidence in Courts: Policy, Process, and Technology for In-Person, Virtual, and Hybrid Proceedings.”
The bulletin provides a unified framework for digital evidence management by consolidating and updating guidance from three previous JTC publications: Managing Digital Evidence in Courts (2016), Managing Evidence for Virtual Hearings (2020), and Considerations for Procuring and Implementing Digital Evidence Management Software (2023).
“Digital evidence is now the norm rather than the exception. Courts across the country are exploring different approaches to managing digital evidence, and many may find value in guidance that helps support consistent, secure, and effective practices across in-person, virtual, and hybrid proceedings,” said Paul DeLosh, JTC co-chair and director of judicial services at the Supreme Court of Virginia.
The bulletin organizes guidance into three interconnected domains: policy and governance, process and workflow, and technology and platforms, to help courts align legal requirements, operational practices, and technology investments. It addresses governance structures, roles and responsibilities, evidence lifecycle management, virtual hearing workflows, technology procurement, security and privacy requirements, cross-agency information sharing, and strategies for long-term modernization.
Highlights from the bulletin include:
• A comprehensive digital evidence lifecycle framework covering creation, submission, review, presentation, storage, retention, and disposition of digital evidence.
• Guidance for managing digital evidence across in-person, virtual, and hybrid proceedings while maintaining fairness, accessibility, and chain of custody.
• Governance and policy recommendations addressing legal frameworks, court rules, confidentiality, retention schedules, public access, and cross-agency coordination.
• Procurement and implementation considerations for digital evidence management systems (DEMS), including security, accessibility, integration, vendor risk, and long-term data management.
• A maturity-based roadmap that helps courts assess their current capabilities and plan future digital evidence initiatives.
The bulletin recognizes that digital evidence management is not solely a technology challenge. Effective practices require coordination among judges, court administrators, clerks, technologists, attorneys, justice partners, and policymakers. By adopting an integrated approach that aligns governance, workflow, and technology, courts can improve efficiency, strengthen security, enhance access to justice, and better meet the demands of the modern justice system.
The JTC is a collaboration of the Conference of State Court Administrators (COSCA), the National Center for State Courts (NCSC), and the National Association for Court Management (NACM).
For links to the bulletin and additional cybersecurity planning tools, visit the JTC resources page at www.ncsc.org/our-centers-projects/joint-technology-committee/jtc-resources.
The bulletin provides a unified framework for digital evidence management by consolidating and updating guidance from three previous JTC publications: Managing Digital Evidence in Courts (2016), Managing Evidence for Virtual Hearings (2020), and Considerations for Procuring and Implementing Digital Evidence Management Software (2023).
“Digital evidence is now the norm rather than the exception. Courts across the country are exploring different approaches to managing digital evidence, and many may find value in guidance that helps support consistent, secure, and effective practices across in-person, virtual, and hybrid proceedings,” said Paul DeLosh, JTC co-chair and director of judicial services at the Supreme Court of Virginia.
The bulletin organizes guidance into three interconnected domains: policy and governance, process and workflow, and technology and platforms, to help courts align legal requirements, operational practices, and technology investments. It addresses governance structures, roles and responsibilities, evidence lifecycle management, virtual hearing workflows, technology procurement, security and privacy requirements, cross-agency information sharing, and strategies for long-term modernization.
Highlights from the bulletin include:
• A comprehensive digital evidence lifecycle framework covering creation, submission, review, presentation, storage, retention, and disposition of digital evidence.
• Guidance for managing digital evidence across in-person, virtual, and hybrid proceedings while maintaining fairness, accessibility, and chain of custody.
• Governance and policy recommendations addressing legal frameworks, court rules, confidentiality, retention schedules, public access, and cross-agency coordination.
• Procurement and implementation considerations for digital evidence management systems (DEMS), including security, accessibility, integration, vendor risk, and long-term data management.
• A maturity-based roadmap that helps courts assess their current capabilities and plan future digital evidence initiatives.
The bulletin recognizes that digital evidence management is not solely a technology challenge. Effective practices require coordination among judges, court administrators, clerks, technologists, attorneys, justice partners, and policymakers. By adopting an integrated approach that aligns governance, workflow, and technology, courts can improve efficiency, strengthen security, enhance access to justice, and better meet the demands of the modern justice system.
The JTC is a collaboration of the Conference of State Court Administrators (COSCA), the National Center for State Courts (NCSC), and the National Association for Court Management (NACM).
For links to the bulletin and additional cybersecurity planning tools, visit the JTC resources page at www.ncsc.org/our-centers-projects/joint-technology-committee/jtc-resources.
