Under New York State law, Buffalo personal injury attorneys are usually able to have videotapes admitted into evidence. Doing so, however, requires that the video recording adhere to certain standards regarding its content.
The decision as to whether to admit or exclude videotape evidence is at the discretion of the judge, and if the plaintiff’s attorney wishes to have the tape used at trial, he or she should seek a pretrial ruling from the judge. The trial judge can then view the videotape outside of the presence of the jurors.
Once the judge has reviewed the tape, issues such as its relevancy, accuracy and authenticity can be addressed by the plaintiff and the defendant prior to the beginning of trial. Courts general will allow the use of a videotape that is relevant and non-inflammatory as evidence of the impact that the injuries have had on the plaintiff’s life.
If the defendant wishes to have a videotape admitted as evidence, such as a surveillance tape purporting to show that the plaintiff is not as seriously injured as claimed, the same procedure is followed. In either situation, the judge will look at when the tape was made and whether it is an accurate depiction of what it purports to show before allowing it to be used in court.
If you have suffered a personal injury and have any questions, please feel free to call my office at 716-542-5444. We would be happy to help you.
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