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    bliig720's Avatar
    bliig720 Posts: 17, Reputation: 1
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    #1

    Jun 12, 2008, 12:00 PM
    Obtaining a subpoena for a copy of surveillance camera
    Can you subpoena a store for a copy of what was caught on tape from their surveillance camera for a court date?

    How do you do this? Who do you contact? Where do you begin? Thank you for your help!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 12, 2008, 12:03 PM
    You would have to contact the judge assigned to the case and ask for a subpeona. I'm not sure, however, that small claims couirt judges have subpeona powers. That may vary from locality to locality. If the judge does not have subpeona powers, then you may have to change the venue.
    bliig720's Avatar
    bliig720 Posts: 17, Reputation: 1
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    #3

    Jun 12, 2008, 12:09 PM
    Quote Originally Posted by ScottGem
    You would have to contact the judge assigned to the case and ask for a subpeona. I'm not sure, however, that small claims couirt judges have subpeona powers. That may vary from locality to locality. If the judge does not have subpeona powers, then you may have to change the venue.
    Hi Scott, This does help. Thank you very much. Do you have any advice as to how you would figure out who is assigned? The case has to go through mediation before it is sent on to court. In a civil mediation case, do you think you would even need the surveillance tape? Would it be worth my time to try to figure this out further? I'm inexperienced in this type of matter. Thank you again for your time.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 12, 2008, 12:18 PM
    You need to check what the rules of evidence are for the mediation. The agency that conducts the mediation should be able to tell you. That will lead you to whether you will need the tape or not. But you do need to act fast, Depending on the store, they may not keep the information indefinitely.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jun 13, 2008, 10:59 AM
    Quote Originally Posted by bliig720
    Can you subpoena a store for a copy of what was caught on tape from their surveillance camera for a court date?

    How do you do this? Who do you contact? Where do you begin? Thank you for your help!


    The Small Claims Court Judge will subpoena (at least in my jurisdiction) information if it is necessary to the case -

    The problem with store tapes is that they are recycled frequently, particularly if the tape is not favorable to the store.

    Did you also subpoena the store incident report?

    The problem with a tape if you have not already seen it and subpena it is that it might be harmful to your case, for example, if you're in high heels and juggling a watermelon (or something). I do slips and falls all the time, view the tape and there's "our" client - in high heel shoes in the Winter. Up until that moment no one was sure about her footwear.

    Only you know your circumstances.
    bliig720's Avatar
    bliig720 Posts: 17, Reputation: 1
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    #6

    Jun 13, 2008, 11:04 AM
    Quote Originally Posted by JudyKayTee
    The Small Claims Court Judge will subpoena (at least in my jurisdiction) information if it is necessary to the case -

    The problem with store tapes is that they are recycled frequently, particularly if the tape is not favorable to the store.

    Did you also subpoena the store incident report?

    The problem with a tape if you have not already seen it and subpena it is that it might be harmful to your case, for example, if you're in high heels and juggling a watermelon (or something). I do slips and falls all the time, view the tape and there's "our" client - in high heel shoes in the Winter. Up until that moment no one was sure about her footwear.

    Only you know your circumstances.

    Thank you. I have thought about this.

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