NCJ Number
173502
Journal
Illinois Bar Journal Volume: 85 Issue: 1 Dated: January 1997 Pages: 22-27
Date Published
1997
Length
6 pages
Annotation
This article reviews the proper use of surveillance videos, whether and how video is subject to disclosure through discovery, and the risks inherent in abusing surveillance.
Abstract
A series of Illinois appellate court decisions has made it clear that surveillance videos may be offered into evidence in personal injury cases for impeachment to refute a plaintiff's claim of disability. The Illinois courts have yet to address whether surveillance videos are discoverable by the party against whom they are to be used, although there is a strong modern trend in favor of disclosure. Arguments against disclosure are usually based on the theory that the videos are impeachment evidence and not subject to disclosure or that they are protected by the work product doctrine. The extent to which surveillance videos can be used in Illinois is still an open question. Recent changes in civil procedure rules have complicated the issue and defendants must give careful thought to whether surveillance videos are worth the risk. Courts will protect plaintiffs from invasion of privacy and surveillors will be liable for conduct that violates common-sense rules of conduct. The video will probably also be subject to a motion in limine, making it a costly exercise in futility. Notes