From The Listserv (Continued from page 26)
SUBJECT: CLIENT’S
DEPOSITION BEFORE RECEIPT OF SURVEILLANCE VIDEO
From: Shawn Gritz <
Gritz5@aol.com>
Workers’ Compensation case. Employer had surveillance video of client. We had a hearing on causal relation and after my client testified, they pulled out the sur- veillance video (excerpts of surveillance) I didn’t think it showed anything that he didn’t testify to, but we lost so we are in Circuit Court on appeal. Now they want to take his deposition but I want the tape first. Since they have already had the opportunity to get him on record be- fore us knowing about it, am I right in holding off his deposition until the pro- duction of the video? Any case law to support this position? I just want him to be able to go back in his mind for the specific time periods in question and fully recall what was going on. I don’t want a deposition that’s going to cloud the issue.
From: Mark Binstock <
mbinstock@paleyrothman.com>
It is not clear from your post whether or not they showed the surveillance tape at the hearing. Have you seen it? I believe that there is a case called Shenk that deals with such situations. I don’t know if it is on point to your issue but I believe it deals with one party’s right to get copies of such tapes.
From: Michael Marmelstein <
MMarmelstein@netscape.net>
Try Shenk v. Berger, 587 A2d 551
(1991). For your case, it would tend to support the position that they do not have to produce the tape pre-deposition (al- though fact scenario is a bit different).
From: katie <
esq@smart.net>
Unfortunately, they are allowed to with- hold the video tape until after the deposition, I have the case law at the office.
32
Trial Reporter
Summer 2001
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