Q: Can a person take a picture of my car to use as evidence in their case?
A petitioner took a picture of my car to use for their evidence because they say that my car resembles a car they have video of but not plate number. The person took the picture without asking me. I explained that just because my car is the same model in their video doesn’t mean it proves it’s my car nor do they have a license plate to identify or compare my car to the one in the video.
Can I file a motion to exclude that picture?
If so what type of motion can I file?
A: Small Claims is informal and frowns on Motion Practice. If you are in Small Claims, just tell the judge. If you have an attorney, he/she will know what to do.
Alexander Ivakhnenko agrees with this answer
No one needs your permission to take a picture of your car if it is visible anywhere. In fact, the photograph may be offered into evidence as corroborating evidentiary exhibit that may show that the make, model, shape, color and the type of the vehicle matches the one on the video.
A motion to exclude may be drafted and argued during an evidentiary hearing to exclude or admit certain exhibits, however, that legal work calls for an accomplished legal professional.
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