The Discoverability of Surveillance Videotapes Under The Federal Rules

This article examines the legal standards and procedural considerations surrounding the discoverability of surveillance videotapes in civil litigation under the Federal Rules of Civil Procedure. It explores the interplay between Rule 26’s broad discovery provisions and the protective measures courts may impose to prevent abuse, particularly when surveillance materials are used as impeachment evidence. It also spends time explaining the details of the work product doctrine and how the judicial system views it. The author analyzes case law addressing the timing of disclosure, the requirement to disclose under Rule 26(a) and Rule 26(b), and the strategic use of surveillance by defendants. The article argues for a balanced approach that respects the rights of litigants to obtain relevant evidence while preventing trial by ambush.