Electronic evidence such as video can be useful in a divorce court setting to prove parenting skills, domestic violence, or even hidden assets. However, stringent federal and state laws regulate the use of nonconsented video evidence in court due to concerns of privacy. The Federal Electronic Communications Privacy Act regulates the recording of communication without someone's consent. Because using videos in divorce court is such a legally complex issue, it is advisable that you hire an attorney to assist you.
Instructions
1. Present the video to your attorney to first determine that its content is relevant to the case. Establish relevance by demonstrating that the content of the video will add value to the divorce proceeding at hand. This will depend on what you want to prove and what type of settlement you want from the proceedings. For example, if the case deals with child custody, provide evidence of the other party's handling of the child.
2. Explain to the court how you recorded the video. Show the court that the process and system that you used in recording has not tampered with or manipulated the evidence that you have brought forth. Describe how the video system you used works and how it served to produce accurate information.
3. Authenticate that the content of the video is a true representation of the events that took place while you were recording. Present this evidence to the other party during the pretrial discovery phase for him to admit to the content of the video. Call on witnesses during the trial to back up your claim that the events in the recording are true. Point to the distinctive characteristics and physical appearances of the other party as proof that she is the person in the video.
4. Prove that the content is not hearsay by testifying under oath and submitting to cross-examination and questioning by the other party or his attorney. Keep your statements in court consistent with the content in the video to prevent your evidence from being dismissed as inadmissible hearsay.
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