Time flies! In the May 20, 2005, edition of the Law Journal, we published “Let’s Go to the Videotape!,” borrowing the title from Warner Wolf’s catchphrase in his evening news sportscasts from the late 1970s and early 1980s, during which he replayed highlights from various sporting events. Warner not only taught us that the “foul pole” is really the “fair pole,” but also that the most effective way to communicate and capture an audience is to allow them to see what actually transpired.

New York litigants eventually reached the same conclusion and surveillance tapes began to play an important role in litigation, particularly in personal injury trials. Through the use of videotape at trial, jurors are now able to see various aspects of the litigation unfold before their eyes, rather than simply relying on the testimony of various witnesses or cold descriptions in medical records.