Celebrating 10 years! 2007-2017

Getting a YouTube video into evidence

Anyone ever done this? Self authenticating as a business rec redemptionsong09/07/17
Don't know if this helps but I've had colleagues with simila saulgoodmanwannabe09/07/17
Thanks. Need to place it on the record. Looks like I need a redemptionsong09/07/17
Authentication largely should not be an issue, unless the da jorgedeclaro09/07/17
I'm interested in knowing exactly how the OP needs the evide qdllc09/08/17
redemptionsong (Sep 7, 2017 - 5:08 am)

Anyone ever done this? Self authenticating as a business record with certification from Google but seems tricky.

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saulgoodmanwannabe (Sep 7, 2017 - 9:00 am)

Don't know if this helps but I've had colleagues with similar issues trying to admit facebook posts use them on cross-exam to impeach extrinsically.

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redemptionsong (Sep 7, 2017 - 4:32 pm)

Thanks. Need to place it on the record. Looks like I need a transcript and certification but that will take some time.

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jorgedeclaro (Sep 7, 2017 - 7:34 pm)

Authentication largely should not be an issue, unless the date of the recording is in dispute. You do not need the recorder to authenticate, anyone familiar with the place of the recording or the people being recorded can lay the foundation for the video. For example, if a witness recognizes the place of the video, that person can lay the foundation by testifying that he is familiar with that place and that the video shows that place. If the video is of a person or persons, anyone who can identify those people from personal knowledge can lay the foundation.

Now, spoken words in the video might run into hearsay issues depending on the declarant and what is said.

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qdllc (Sep 8, 2017 - 6:35 am)

I'm interested in knowing exactly how the OP needs the evidence. YouTube and othe videos are by and large public records (you don't have to pay to access content). No expectations of privacy. There are free websites that will extract the streaming video and convert it to a playable file. You could also just record it off the monitor with a camera.

I could see an issue if the other party starts deleting incriminating evidence and now you must prove it was there, but in the WC firm I'm at, it's not uncommon for searches to include social media, and what they find we have no issue with admissibility.

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