The recording depicts routine activities including care, mobility, and daily tasks. Admissibility requires that it fairly and accurately represent typical circumstances rather than staged or unusually difficult moments.
Rule 403 objections are common.
Alternative Names:
Day in the Life Video|DITL Documentation
Why it Matters?
Staging and selection are the effective challenges, since footage recorded over multiple days and edited to the most difficult moments does not fairly represent typical circumstances. Requesting all footage recorded rather than the edited product tests that, and the raw material frequently shows capacities the final version omits. Narration by counsel or family within the recording is separately objectionable as argument.
Frequently Confused with
Related terms
Frequently asked questions
What is the effective challenge?
What else is objectionable?
