Discover how to use video and photographic evidence in summary judgment motions. Learn the rules of admissibility, authentication tips, and how Legal Husk can help you win your case.

How to Use Video and Photo Evidence in Summary Judgment Motions

Introduction

Visual evidence—like photos and surveillance footage—can be one of the most persuasive tools in a motion for summary judgment (MSJ). Unlike written testimony, images and video offer objective, undeniable depictions that can eliminate factual disputes or validate a party’s claims.

But using them effectively requires more than attaching them to a motion. They must be properly authenticated, relevant, and clearly tied to your legal arguments.

This article explores how to use video and photo evidence in summary judgment practice, including admissibility rules, strategic use cases, and best practices.

To prepare a visual-evidence-supported MSJ or opposition, visit legalhusk.com or legalhusk.com/services/civil-litigation.

Why Video and Photo Evidence Is Powerful

• Objective: Helps cut through conflicting testimony
• Persuasive: Judges often rely on visuals to assess facts
• Efficient: Can resolve disputes without needing a trial

Visuals can show:

• Accidents as they occurred
• Physical injuries
• Property damage
• Environmental conditions

Admissibility Rules

To be used in summary judgment, video or photo evidence must be:

1. Authenticated

• Must be accompanied by a declaration or affidavit
• Witness must confirm:
  • The time and place captured
  • That it’s a true and accurate depiction

2. Relevant

• Must relate directly to a material fact in the motion
• Should help prove or disprove an essential element

3. Unaltered and Clear

• Videos should not be edited or obscured
• Images must be high-quality and show sufficient detail

Best Practices for Using Visual Evidence

1. File a Supporting Declaration

• From the person who recorded or retrieved the footage
• Or from someone familiar with the surveillance system or camera

2. Include Still Frames or Stills in the Brief

• Help the judge visualize the video’s content
• Reference specific timestamps

3. Describe the Footage in Your Statement of Facts

• Tie each visual to a numbered undisputed fact

Example:

14. Surveillance video at timestamp 3:42 shows the Plaintiff slipping on a wet floor in front of the main entrance (Exhibit D, Jones Aff. ¶ 8).

4. Submit Physical or Digital Media Properly

• Label clearly as an exhibit (e.g., "Exhibit B")
• Submit in a format accepted by the court (USB, DVD, link to court portal)

When Video or Photo Evidence Wins Summary Judgment

Examples:

• Premises Liability: Video shows no dangerous condition existed when plaintiff walked through.
• Auto Accident: Dashcam proves the defendant had the green light.
• Product Liability: Photos confirm product labeling and user instructions were present.
• Employment: Security footage disproves alleged harassment event.

When It Can Backfire

• Video contradicts your argument (but you submitted it anyway)
• Low-quality footage creates confusion rather than clarity
• No authentication leaves the court unable to consider it

Courts may exclude visuals if they are:

• Blurry or unclear
• Improperly formatted
• Not properly introduced into the record

Responding to Opposing Visual Evidence

• File a motion to strike if not authenticated or relevant
• Offer alternate footage or stills that show a different perspective
• Use a declaration to explain what the video does not show (e.g., “camera angle misses incident area”)

How Legal Husk Can Help

At Legal Husk, we:

• Draft MSJs that integrate photos and video with legal arguments
• Prepare declarations to authenticate visual evidence
• Format visual exhibits for court submission
• Identify gaps or weaknesses in opposing party’s visual evidence

📌 Explore litigation tools at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Photos and video can make or break a motion for summary judgment. When used properly, they provide compelling, objective evidence that simplifies a case and persuades the court. Make sure your visuals are admissible, strategic, and clearly tied to your claims.

📩 Need help incorporating visual evidence into your motion? Visit Legal Husk to purchase litigation documents backed by powerful proof.