new-jersey discovery
Is surveillance video discoverable in an invasion of privacy case in New Jersey?
<p>A neighbor was doing some work near the border between two properties so a security camera was put up to monitor for any trespass or damage which had been a problem in the past with this person. Because the lots are small and close other parts of nearby houses and backyards can be seen.</p>
<p>The footage was used as evidence in a lawsuit. The person who put up the camera was not a party to this lawsuit but is now being sued for invasion of privacy.</p>
<p>A discovery request was made for all available footage from this camera. Does this need to be provided?</p>
<p>Would the defendant's attorney need to review the footage before objecting to the discovery request?</p>
<p>Even if you believe that there is nothing incriminating on the footage it seems like a bad idea to just have something over that could be used against you. Isn't the burden of proof up to the plaintiff?</p>

<h2>You can’t tamper with evidence</h2>
<p>People have this strange idea that court cases proceed on the basis of “gotchas” and “ah-ha” moments - it doesn’t work that way. Everyone gets to see everything well before the case goes to trial - that’s the purpose of <a href="https://en.m.wikipedia.org/wiki/Discovery_(law)" rel="nofollow noreferrer">discovery</a>. You can ask for (and get) anything that seems that it could reasonably lead to admissible (that is, relevant, among other things) evidence.</p>
<p>If a party thinks another party is overreaching they can object and ask the judge to rule on it. Sometimes the judge might even agree but probably not - judges don’t like surprises.</p>
<p>The reason for this is simple - if everyone knows everything then it’s more likely the likely loser will realize they are likely to lose. Then they might settle and avoid the cost of a trial.</p>
<p><strong>TL;DR</strong></p>
<p>Give them the footage and deal with what is shows in your case.</p>
