• Never edit or tamper with the contents of the original tape. It must remain intact. However, it is suggested that you prepare and bring to trial an edited ten-minute version of the tape showing the physical activity highlights. The court can then be offered both the original and edited tapes as evidence.
• When showing films to doctors, show the edited version and advise the physician that it is an edited tape.
• Inconsistency is the key word. If the tapes show a claimant’s level of activity is inconsistent with their allegations of disability, the claimant’s credibility will be an issue.
• Don’t tell the claimant or his attorney 100% of the contents of the films immediately. In too many instances, the claimants have redesigned their injury to fit the contents of the tape.
• If the claimant’s attorney requests the tapes through discovery motions, you should request a deposition of the claimant prior to disclosing the contents of the film. This strategy has been accepted by the courts to preserve the integrity and impeachment value of the evidence.
• In those jurisdictions where thorough pre-trial discovery is an accepted procedure, it is best to list not only the investigator as a witness, but also reveal the existence of the films.
• The investigator who testifies on a surveillance case should be objective and impartial and not appear to have an “ax to grind.”
• The vast majority of cases, where there is videotape depicting strenuous, physical activity, will settle prior to trial. The most significant value is that it brings the claimant into a more “settlement” frame of mind.
• Instead of showing actual videotapes to claimants, you may want to show photos or “stills” taken from the tapes. There are many computer software programs available for taking video snapshots from videotapes for easier viewing.
• All tapes should be labeled with the name of the subject, file number, date(s) of surveillance and the length of the video. Generally they are taken on 8mm tape and transferred to VHS format. The 8mm would then be stored in an appropriate fireproof storage cabinet while the VHS copy is forwarded to the client. If the video is long, then generally a condensed version is provided of no more than ten minutes for quicker viewing. Sometimes both the full copy and a condensed version are forwarded to the client. The 8mm tape should always be maintained by the investigative agency so as not to interrupt the chain of custody. This will be discussed further in another article.