Buffalo personal injury lawsuits will occasionally involve surveillance of the plaintiff by an investigator working for the defense. This usually occurs when the defense seeks to prove that the plaintiff is overstating his or her injuries, is working while claiming to be incapacitated from work, or is otherwise being untruthful.
New York Civil Practice Law and Rules section 3101(i) was enacted to specifically control the disclosure of recordings and photographs related to litigation. It states: “In addition to any other matter which may be subject to disclosure, there shall be full disclosure of any films, photographs, video tapes or audio tapes, including transcripts or memoranda thereof, involving a person referred to in paragraph one of subdivision (a) of this section [which includes plaintiffs]. There shall be disclosure of all portions of such material, including out-takes, rather than only those portions a party intends to use. The provisions of this subdivision shall not apply to materials compiled for law enforcement purposes which are exempt from disclosure under section eighty-seven of the public officers law.”
Before the enactment of this section of law, the defense often withheld surveillance videotapes until after the plaintiff had been deposed. After it took effect, however, the Appellate Division Court for the Fourth Department – which includes Western New York – specifically noted that the statute did not contain any provision for withholding surveillance materials and found that they must be provided to the plaintiff in a personal injury lawsuit upon demand.
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