Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest
information and not necessarily to tell you what you wish to hear. Note: there may be a slight
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The answer is yes
, unless the owner of the camera footage is willing to provide it voluntarily.
If not, then if you seek this footage, you have to subpoena
it. A subpoena is essentially a request backed by the Court wherein you demand evidence from a third party that has it, which is reasonably calculated to lead to the discovery of admissible evidence.
However, that subpoena is only available once
is filed, not before. So one you have filed the suit, even before serving the Defendant (or if you do not know who the Defendant is and they are a John Doe for now), you may subpoena the third party for these tapes.
Subpoena come in two types:
subpoena ad testificandum - requests a person to come; and
subpoena duces tecum - requests the evidence to be delivered.
The clerk of the court normally has to sign off/stamp the subpoena before it is sent off via certified mail or delivered via sheriff's office (your choice). For a form of the subpoena, one can visit uslegalforms.com or usalegalresource.com, etc.
I hope this helps and clarifies. Good luck.
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