Tag video evidence

Time of Production of Substantive and Impeachment Video vis-à-vis Date of Deposition, by Michael Berman, E-Discovery LLC.

Time of Production of Substantive and Impeachment Video vis-à-vis Date of Deposition

In Frankhouse v. Jobe, the District of Maryland addressed when video evidence must be produced in discovery, holding that a cell extraction video with predominantly substantive value must be produced before the plaintiff’s deposition.

Read MoreTime of Production of Substantive and Impeachment Video vis-à-vis Date of Deposition
Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video, by Michael Berman and Marris Hoffee, E-Discovery LLC

Sanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video

The District of Maryland in Moore v. WMATA denied spoliation sanctions despite finding a breach of the duty to preserve video evidence. The ruling emphasized the need for concrete proof of relevance and prejudice.

Read MoreSanctions Denied Because of Lack of Prejudice, Despite Breach of Duty to Preserve Video
E-Discovery LLC: Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2 By Michael Berman

Is a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2

In the case of Harrod v. State, the Appeals Court of Maryland ruled regarding the admissibility of composite video evidence and the role of police officers in narrating it during the trial. They upheld the officers' testimony, stating that their familiarity with the area provided the necessary foundation for their narration.

Read MoreIs a “Composite” Video Admissible and Can a Police Officer “Narrate” It at Trial? – Part 2 of 2
E-Discovery LLC - Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation By Michael Berman

Felder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation

In the case of Felder v. MGM National Harbor, the court found that overwriting video footage after 14 days did not constitute spoliation. The ruling highlights the necessity of prompt preservation demands when relying on video evidence.

Read MoreFelder Part 3 of 4: Defendant’s Overwriting of Video Footage After 14 Days Held Not to be Spoliation