• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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How to Best Leverage the Use of Surveillance and Investigation in Court Part 3

If a defendant wishes to use surveillance or investigative material as substantive evidence at trial, the defendant must comply with Rule 30.09, which sets out strict procedural requirements.  Rule 30.09 requires the defendant abandon its privilege claim in writing, and provide a copy of the video, report or document to the plaintiff at least ninety days before the commencement of trial. Failure to comply with Rule 30.09 will limit the use of the material to impeachment purposes only, except with leave of the trial judge.  The court has taken a strict approach to Rule 30.09 as can be seen in Youseef v. Cross, Giroux v. LaFrance and Smith v. Morelly. http://blog.mcleishorlando.com/blog/how-to-best-leverage-the-use-of-surveillance-and-investigation-in-court-part-3/

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