Evidence and Admissibility
Types of Evidence
Premises surveillance may capture an incident, while investigative surveillance records a claimant's activities. Disclosure obligations differ, with many jurisdictions requiring production of investigative surveillance before the claimant's deposition or after.
Retention policies determine incident footage availability.
Alternative Names:
Surveillance Footage|Security Video
Why it Matters?
Retention windows destroy incident footage routinely, since many systems overwrite within days and a preservation demand delivered weeks later arrives too late, which supports a spoliation argument where the party was on notice. For investigative surveillance, disclosure timing rules vary and several jurisdictions permit deferring production until after the claimant's deposition, preserving impeachment value. Confirming the local rule before scheduling is necessary.
Frequently Confused with
Related terms
Frequently asked questions
Why is incident footage frequently lost?
When must investigative surveillance be produced?
