Is Video or Audio Tape Allowed As Evidence?

Yes. The party submitting the evidence must provide the equipment to play the taped material at the hearing.

The party must also submit the tape(s) as part of the record while the appeal is pending. The material will be marked as an exhibit and will be kept with the hearing file. See When do I get my exhibits back?

Accuracy of reproduction is always important when pictorial evidence, such as a videotape, is presented at a hearing. The party offering the videographic evidence must establish that the pertinent parts of the videotape are a reasonably accurate representation of the subject pictured. The level of proof necessary to satisfy this general foundation requirement depends on the circumstances under which the tape was prepared and the reason it is offered at the hearing.

Return to Questions During a Hearing

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