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Audio/Video defendant did not acknowledge in hand. May I enter it into evidence at pre-trial tomorrow?

Greenfield, MA |

Audio/Video tape of defendant saying "if I hustle and make money on the side I should be able to keep it." & "because she is (his 14 yr. old daughter) a @*&%ing liar". Shows me communicating very compassionately with defendant and him yelling in the courthouse about various issues.
May I burn it as a DVD and an CD and bring tomorrow to pre-trial? Will they have a device to play it or should I bring a CD player and have it cured to the important parts of the 20 minutes video?

Attorney Answers 2


  1. The judge will determine if evidence will be admitted at trial -- and that in part depends on the nature of the case. If you intend to introduce the evidence because it shows the other party in an unfavorable, cursing, yelling, out of control light, I doubt it will be admitted. That said, I am speculating as I know nothing of your case.
    You will need to contact the court clerk to figure out what capabilities the court has regarding technology.
    Recommend you consult with an attorney before you get much farther down the path toward trial.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. Generally, there is no opportunity to enter anything into evidence at a Pre-Trial unless the judge decides to go right to trial. You can and should indicate what you plan on entering for evidence at trial and to what purpose, but the evidence will not be heard at this point. As for a video tape, it is likely that the opposing side will object to it being allowed at all for at least three reasons 1) relevance, 2) if the audio was taped without consent it is the product of a crime, and 3) it would be highly prejudicial.

    Your question concerns me, however, because you should have your pre-trial memorandum done by now and submitted to the court and to the opposing side. At this point you should have a clear understanding of you goals, strategy, and tactics for presenting your case to the court. A video tape, which may or may not be permitted, should not be so important to your case and it should have been considered well before now.

    I would recommend taking a step back, conferring with an attorney, and if necessary motion the court for a continance.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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