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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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What are laws/statutes pertaining to video taped evidence:in

Customer Question

What are laws/statutes pertaining to video taped evidence:in New Jersey us it required to be time and date "stamped"to be admissible in court?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

Please clarify: is the video "relevant" for the trial?
Customer: replied 5 years ago.
I was charged with defiant trespass when I was 75a miles away,I want to submit the tape as proof I wasn't there and to exonerate me as well as flip it toward the plaintiff for filing a false police report?By the way the videotape would be from his camera at the location of my former office.So in answer to your question -yes!
Expert:  JB Umphrey replied 5 years ago.
Thank you. When you use the term "his camera," does that means that "he'll" be in court to testify that the video footage is from his camera?
Customer: replied 5 years ago.
the camera is mounted onbuilding,when we went to court prior (when I gad filed my motionfor discovery)I overheard him say he has no video tape because they get erased every 30 days.Then all of the sudden a tape appears and it has been cut and spliced and missing more than 90 seconds.Thus my questing of time and sate stamping to show /prove if it has been altered or a "true"recording of time on that day?
Expert:  JB Umphrey replied 5 years ago.
Thank you. There is no law which requires what you are seeking.

Rather, you want to get a copy of the New Jersey Rules of Evidence. So long as the tape is relevant and so long as someone can testify as to how the tape came about and was maintained, the judge can consider it.

Now, to be sure, if there's a doctored tape, one can object to its admission and demand that only the "original" tape be admitted as evidence. It's also called the best evidence rule.

If they can't produce the original, that's a way to object to the admission of the cut-up/doctored/copy.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied and select the Happy Smiley Face.
Customer: replied 5 years ago.
My understanding is that to be admissible it must be day and time stamped with no alterationsin order to be considered as the "best evidence"?The rest of the "hour"shown ontape that I received does not appear to be "doctored"?
Expert:  JB Umphrey replied 5 years ago.
I understand what it is you are saying. However, the law does not require that. The judge retains the discretion to determine whether or not the tape will be admitted. You can certainly object to it.

Under the Rules of Evidence, the best evidence is always the original. Always.

NJ RULES OF EVIDENCE NJRE RULE 1003. ADMISSIBILITY OF DUPLICATES
A duplicate as defined by Rule 1001(d) is admissible to the same extent as an original unless (a) a genuine question is raised as to the authenticity of the original, or (b) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

You may want to purchase this handy summary guide of the NJ Rules of Evidence so that you can refer to it in court: http://www.elexpublishers.com/new-jersey-evidence-guide.html