Video evidence : procedure

Querist : Anonymous (Querist) 10 September 2011 This query is : Resolved
In my earliar query opinions are ended on only first part. Threfore once again I'm putting second part of the query -

Some video recordings/footage, that are originaly stored on microchip/memory card. I want to produce it before court as an evidence for my two different cases- in first, I am defendant in a civil case which is in writen statement submission stage; in second, yet to be file by me for refunding money.

1. What are procedures/steps that should be follow to produce it before court.?

2. Regarding authenticity of video- is it necessary to attach expert opinion/ certificate of accuracy and temperlessness with memory card at the time of submission or it may be produce when opposition raises questions about authenticity or only when court ask/order for? What are proper ways/procrdures.

3. For certificate/ expert opinion memory card should be send to a forensic lab by myself or by court or by opposition? And, is the certification must be from a government agency or may be from any private lab.

4. For certificate/ expert opinion memory card should be send to a forensic lab by myself or by court or by opposition? And, is the certification must be from a government agency or may be from any private lab.

5. Is it neccessary to produce the device (spy pen camera) by which video was recorded? Is only memory card without camera is not sufficient?

6. If any other relevent information that is helpfull to me please provide.

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adv. rajeev ( rajoo ) (Expert) 11 September 2011
While producing the MC it is not necessary to attach the expert opinion. If other side is objected and raised the question of its authenticity and it is marked in the court subjection to objection then you have to prove the authenticity and you will have to file an application to send it for the expert opinion.
You have to pay the fees for it, Court will send it to the expert, who are approved.

Kiran Kumar (Expert) 11 September 2011
you need not to produce the original immediately, give the copy to the court and while exhibiting the documents (electronic in your case) get the original to the court.

In case the other party raises the doubt then the necessary action will be taken by the court for expert opinion subject to deposit of fee....for which the burden will be upon you.

the device may be sent for forensic examination in order to prove that the said MC was used in it and to prove other collateral aspects.