Video surveillance recording is often the most powerful evidence that can be presented in a dispositive motion or at trial. This article addresses how video may be successfully presented in support of summary judgment or introduced into evidence at trial after laying a proper foundation under New York state and federal law.
While courts have generally recognized two authentication methods for video, the “pictorial witness” and the “silent witness” methods, the focus here is on the latter.1 Under the first method, a sponsoring witness has observed the relevant recorded events and can authenticate the video by testifying that it accurately records what the witness observed, as done with a photograph. However, when a witness is unavailable to testify that he personally observed the events recorded, there are greater challenges to admissibility.
