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Surveillance Video retention requirements (California) (Cali

PostPosted: Thu Jun 25, 2009 8:03 am
by pcarroll
What are the legal requirements to retain surveillance video for insurance fraud / workers compensation cases?

Re: Surveillance Video retention requirements (California) (Cali

PostPosted: Thu Jun 25, 2009 8:23 am
by steve appell
A standard chain of custody paper trail works fine. Document exactly what, when, where, how, and who has possession of the tape. Also, there is much case law on both sides of the fence re disclosure and service of a copy to the other side.

Good Luck !

Re: Surveillance Video retention requirements (California) (Cali

PostPosted: Tue Jun 30, 2009 10:48 am
by rbaird
If the sub rosa was offered and admitted in a W/C trial, the trial judge may either view the film at the hearing or retain it post trial for review and summary (usually added to the summary and hearing minutes). If so, the disposition of the film itself is to return it to the custody of the defendant. There is no desire or willingness to maintain a CD or 8mm. or even 16 mm. (I am dating myself) in the Board file. If for purposes of review, the sub rosa may be forwarded to the panel or (very unlikely) the court of appeals.