Q: How can I motion to exclude evidence from discovery of a video that skips and lapse in time?
Can a plaintiff use a video that skips and lapse in time for evidence in their case or can I motion to exclude it from being seen?
If so, under what grounds can I motion?
Video goes up to minute 2 then skips to 2:30 to 3:15 then skips to 4:05, lot of the video seem altered.
You could do a motion in limine asking to bar the video due to lack of foundation. If it’s edited in some way, it has been altered and wouldn’t meet foundational requirements to be admissible evidence.
Probably a good issue to have a lawyer handle. Each county is different and has different processes and procedures in place.
Alexander Ivakhnenko agrees with this answer
That is a very complex question.
In 2008 the famous criminal defense attorney Edward Genson obtained an acquittal verdict for his client at that time, R. Kelly in Chicago based on very extensive legal arguments with respect to the admitted video tape, using independent experts and technical testimony that basically placed reasonable doubts into accuracy, authenticity and conditioned of the admitted video evidence.
Without working on that case no one could suggest what you need to do.
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