Legal Question in Family Law in California

my attorney vidoe taped an custodial exchange of me and the exchange of the children, i want to use this as evidence, can i authenticate the video since i am in it? whats the evidence code that says i can authenticate?

Asked on 6/11/13, 3:13 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
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2013 California Rules of Court Rule 2.1040. Electronic recordings presented or offered into evidence (a) Electronic recordings of deposition or other prior testimony (1)Before a party may present or offer into evidence an electronic sound or sound-and-video recording of deposition or other prior testimony, the party must lodge a transcript of the deposition or prior testimony with the court. At the time the recording is played, the party must identify on the record the page and line numbers where the testimony presented or offered appears in the transcript. (2)Except as provided in (3), at the time the presentation of evidence closes or within five days after the recording in (1) is presented or offered into evidence, whichever is later, the party presenting or offering the recording into evidence must serve and file a copy of the transcript cover showing the witness name and a copy of the pages of the transcript where the testimony presented or offered appears. The transcript pages must be marked to identify the testimony that was presented or offered into evidence. (3)If the court reporter takes down the content of all portions of the recording in (1) that were presented or offered into evidence, the party offering or presenting the recording is not required to provide a transcript of that recording under (2).

(b) Other electronic recordings (1)Except as provided in (2) and (3), before a party may present or offer into evidence any electronic sound or sound-and-video recording not covered under (a), the party must provide to the court and to opposing parties a transcript of the electronic recording and provide opposing parties with a duplicate of the electronic recording, as defined in Evidence Code section 260. The transcript may be prepared by the party presenting or offering the recording into evidence; a certified transcript is not required. (2)For good cause, the trial judge may permit the party to provide the transcript or the duplicate recording at the time the presentation of evidence closes or within five days after the recording is presented or offered into evidence, whichever is later. (3)No transcript is required to be provided under (1): (A)In proceedings that are uncontested or in which the responding party does not appear, unless otherwise ordered by the trial judge; (B)If the parties stipulate in writing or on the record that the sound portion of a sound-and-video recording does not contain any words that are relevant to the issues in the case; or (C)If, for good cause, the trial judge orders that a transcript is not required.

DISCLAIMER: This is general information only and based upon limited information. Facts that could change the outcome have not been evaluated.  This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of a retainer agreement hiring me or my firm.

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6/11/13, 3:20 pm
Anthony Roach Law Office of Anthony A. Roach
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You may have other problems, if your attorney recorded the video and it recorded sound. The fact that you have an attorney and are asking us, instead of the attorney, is disturbing to me.

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6/12/13, 11:19 am

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