Authored by: Andrea Dahl
Digital evidence is no longer an emerging trend in the justice system. It has become a routine part of modern litigation.
Body-worn camera footage, surveillance video, mobile device data, social media content, digital photographs, text messages, and electronic records are now common components of court proceedings. In fact, research has estimated that digital evidence is involved in approximately 90% of criminal cases. As evidence sources continue to expand, courts are being asked to manage larger files, more formats, and increasing volumes of information across the entire lifecycle of a case.
The question is no longer whether courts will receive digital evidence.
The question is whether the processes surrounding that evidence have evolved alongside it.
Digital Evidence Is Growing More Complex
Courts have always adapted to change. What makes digital evidence different is that it touches nearly every aspect of court operations, from submission and review to sharing, presentation, retention, and preservation.
The National Center for State Courts recently highlighted that courts face increasing challenges in how digital evidence is submitted, reviewed, presented, shared, and preserved. In response, the Joint Technology Committee (JTC) released updated guidance in 2026 focused on helping courts align policy, workflow, governance, and technology around modern evidence management practices.
This isn’t simply a technology issue.
It is an operational issue.
As digital evidence becomes more central to court proceedings, courts must think not only about where evidence resides but also how it moves through the judicial process, who can access it, how activity is tracked, and how evidence integrity is maintained over time.
When Paper-Era Processes Meet Digital Reality
Many evidence-handling practices used today were developed when evidence was primarily physical.
Evidence arrived in boxes. Photographs were printed. Records were maintained on paper. Sharing evidence often involved hand delivery or physical media.
Today’s reality is very different.
Evidence can arrive from dozens of sources and in countless formats. A single matter may involve surveillance footage, body-camera video, mobile device content, social media records, photographs, emails, and electronic documents.
While courts have done an admirable job adapting to this evolution, many organizations still rely on a collection of shared drives, email attachments, external storage devices, and disconnected systems to manage digital evidence.
The challenge is not necessarily that these approaches don’t work.
The challenge is whether they can continue to work efficiently, securely, and consistently as evidence volumes and complexity continue to grow.
Digital Storage Is Not the Same as Digital Evidence Management
One of the most important distinctions courts should understand is that storing digital evidence and managing digital evidence are not the same thing.
Storage may solve the problem of where evidence lives.
Evidence management addresses much broader questions:
- How is chain of custody maintained?
- Who has accessed evidence and when?
- How is activity audited?
- How is evidence securely shared with authorized stakeholders?
- How are retention and disposition requirements addressed?
- How is evidence presented during proceedings?
The Joint Technology Committee notes that modern digital evidence management requires attention to governance, workflow, security, audit logging, accessibility, sharing, and integration across court systems.
In other words, evidence management is not simply about files.
It is about trust, accountability, and operational effectiveness.
Questions Every Court Should Be Asking
As court leaders look toward the future, there are several questions worth considering:
- Can we easily determine where digital evidence resides?
- Do we have a defensible process for tracking chain of custody?
- Can authorized stakeholders securely access what they need without manual workarounds?
- How much staff time is spent locating, transferring, and managing evidence?
- Are retention requirements consistently applied?
- Do we have visibility into evidence activity and access history?
- Will our current approach scale as evidence volumes continue to increase?
These are not technology questions first.
They are business process questions.
Technology ultimately becomes part of the answer when existing processes can no longer adequately support operational needs.
Preparing for What Comes Next
The digital evidence landscape will continue to evolve.
Courts are already evaluating the impact of cloud services, increasingly sophisticated multimedia content, artificial intelligence, virtual and hybrid proceedings, and growing expectations around accessibility and information sharing. The Joint Technology Committee’s most recent guidance recognizes these realities and encourages courts to establish consistent, lifecycle-based approaches to managing digital evidence.
The courts that will be best positioned for the future are not necessarily those with the newest technology.
They are the courts that regularly evaluate their processes, identify operational gaps, and develop a strategy for securely managing digital evidence across its full lifecycle.
Digital evidence is no longer tomorrow’s challenge.
It is today’s operational reality.
The question is whether the processes supporting that evidence are ready for what comes next.
Join the Conversation
If your court is evaluating how prepared it is for the future of digital evidence management, we invite you to join our upcoming webinar:
The Evidence Has Changed. Have Your Processes?
During this educational session, we’ll explore:
- Why digital evidence is creating new operational challenges for courts
- Common gaps in digital evidence workflows
- Practical readiness considerations for court leaders
- Key characteristics of a modern digital evidence management process
Register today to reserve your seat and join the discussion. Digital Evidence. Paper-Era Processes.: How Courts Are Modernizing Evidence Management for a Digital World