What Types of Legal Videography Are Admissible?
Jun 24 2015 | posted by LORR Team
Legal videography can be a great way to improve a case. Day-in-the-life videos can show the reality of an injured victim’s suffering, video depositions can let judges and jurors hear from far-away experts or witnesses, and video investigations can help shed light on key evidence and other important factors.
But as you probably know, video can be easily manipulated. Thanks to modern editing software, just about anyone can be made to say or do something they didn’t actually do. Because of this, the admissibility of legal videography is a key concern of the courts. In fact, the Federal Rules of Evidence actually had to delve into these issues.
Let’s take a look at the current admissibility of legal videography:
· Legal videography technically produces photographs, just like printed images and X-rays. They are subject to the same rules and regulations.
· For video evidence, such as video surveillance, the original copy is required. The only exception is when this original has been lost or destroyed. Additionally, as with any evidence, there must be proof that the proper chain of custody was followed before it can be admitted.
· Video depositions must be relevant and non-prejudicial, and they can also be used to contradict or impeach the testimony of a witness.
· Day-in-the-life videos are a bit trickier. Because these are designed to stir emotions – usually in favor of one or more parties involved – this can often be considered prejudiced. In some cases, it may even be deemed hearsay. This is determined on a case-by-case basis. As long as you choose an experienced videographer, they should know how to make it powerful and also admissible.
Legal videography can make your case more successful, but it also must be done carefully to ensure admissibility. If you’re looking for a great legal video to improve your upcoming cases, call LORR today. Our experienced videographers are here to help.