“How can I provide a video download of my spouse to a divorce judge for evidence on a custody battle?”

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense


In New York, To provide video evidence in a custody battle, you must first notify the court that you will need to rent the necessary equipment to play the video. You may use a CD or thumb drive, however what you use will be dependent upon the equipment available and the rules of the particular judge. If the evidence is submitted at a fact-finding hearing, then it must be material, relevant, and competent. Although certain rules of evidence have been broadened in Article 10 proceedings, traditional tests for reliability have not been abandoned in fact-finding hearings.

To be clear, it is best to consult with divorce lawyer buffalo ny given that the process for admitting evidence can be complicated.

Within the context of a trial, like other types of evidence, videotape evidence will be excluded if the prejudicial effect outweighs the probative value. New York courts have noted that videotape evidence will not be allowed where the videotape has  any tendency to exaggerate any of the true features which are sought to be proved.

Videotapes may also be admissible as a form of experimental test or demonstration.

For more questions, contact For more questions, contact Andrew Tabashneck attorney for a free consultation.

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