Learn about use of video evidence on summary judgment.
The prevalence of dashcam, body worn camera, surveillance, and sometimes even cell phone video gives a source of reliable documentary evidence; sometimes enough to overcome disputed testimonial evidence to grant summary judgment. When reviewing summary judgment decisions, a court generally construes all purported facts in the light most favorable to the non-movant. However, when there is a videotape that discredits the non-movant’s description of facts, the court will consider the facts in the light depicted by the videotape. This white paper reviews different case law and outcomes in these types of cases.
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