Court Proceedings: Presenting Audio and Video Evidence

Digital evidence is becoming increasingly important in court proceedings. U.S. courts allow submission of such evidence subject to certain rules. According to law, an audio or video recording has to be submitted along with a text transcript prepared by a qualified legal transcriptionist, which is why many attorneys rely on a professional legal transcription company for the documentation of digital evidence.

Rules for Presenting Digital Evidence in Court

The audio recording or video recording of a deposition, meeting, or telephone conversation that is presented as evidence in court has to be authenticated. The aim of authentication is to guarantee that the digital recording correctly represents what each party to any conversation actually said. There are specific rules regarding the testing admissibility of recordings. The party offering the audio or video recording should be able to show that:

>> The recording device was functioning properly and capable of recording the conversation that is offered in evidence

>> The operator of the device is capable of operating the device efficiently

>> The recording is authentic and accurate

>> Material alteration such as changes, additions or deletions have not been made in the recording

>> The recording must have been preserved in a manner that is shown to the court

>> The identification of the relevant sounds or voices

>> The conversation was conducted voluntarily and in good faith, and not under duress or with any kind of inducement

Importance of Deposition/Meeting Transcription

Lawyers presenting audio and video recordings in trials often rely on enhancement and authentication services to improve the clarity of such evidence. The audio and video recording may not be clear enough and enhancement helps the court to see the evidence and understand the dialogue better. The authentication process ensures that the original evidence has not been tampered with, edited, copied or cloned.

After the audio and video recording is enhanced and authenticated, a professional legal transcription expert prepares an accurate transcript of the recording. This is to help the court understand the audio and video evidence better. Listening to and documenting the words spoken in the recorded conversation takes time and requires good listening skills.

One important matter in this context is determining the genuineness of audio and video recordings before the trial. Pre-trial hearings are useful in case the opponent raises doubts about the unintelligibility of the tapes, their inadequate coverage of the recorded conversation or event or the amount of editing on the file. Objections can also be raised about the accuracy of written transcripts that accompany the digital evidence, which is why relying on a reliable legal transcription company for documentation is important.

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