The Six-Minute Clock and the Stipulation Deadline
Trial is Monday, twelve days from today. Plaintiff's exhibit 47 is a 94-second CCTV clip from a store DVR showing the aisle where the plaintiff fell. The loss-prevention manager exported the clip; the DVR clock was 6 minutes 14 seconds fast. The export file metadata shows a creation date two days after the incident. Defense counsel has offered a written stipulation to authenticity if plaintiff produces the clip with a custodian declaration by Thursday at 5:00 p.m. Plaintiff's counsel wants the clip admitted because it shows no spill cone in the aisle. The pretrial order requires exhibit objections by Friday at noon. The manager can testify about the export but cannot explain the DVR's clock offset; the third-party DVR vendor, located out of state, will appear for $2,500 plus travel. The paralegal must prepare the foundation packet and advise whether to rely on the stipulation or retain the vendor.
1. What foundation gaps remain if the authenticity stipulation is signed, and how should the paralegal close them before Thursday?
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The stipulation likely covers only authenticity under FRE 901, not relevance, the best-evidence rule, or the time-stamp gap. The two-day metadata gap suggests the export was created after the incident; the manager can testify he exported the native file from the DVR and describe the system, but if he cannot explain the 6:14 offset, the clip's tie to the accident time is vulnerable. Close the gap with a manager declaration attaching the export log, hash value, and native file; a short affidavit or 902(13)/(14) certification from the vendor explaining the clock offset and export process; and a comparison to an independent time source, such as the POS receipt or incident report. Do not rely on the stipulation alone. Obtain the vendor's written certification now, reserving live testimony only if the court excludes the declaration.
2. Defense counsel withdraws the stipulation Thursday at 9:00 a.m.; objections are due Friday at noon. What should be filed, and what should be told to trial counsel?
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File a trial brief or motion in limine to admit Exhibit 47 before Friday at noon, with an offer of proof: manager declaration, vendor certification, hash, export log, and a witness who can tie the clip to the accident. Notify the court and defense that the stipulation was withdrawn and that plaintiff will call the manager, plus the vendor by remote means if necessary. Because objections are due Friday, do not wait for trial to establish foundation. Ask for leave to supplement with the vendor's live testimony if the certification is challenged. Prepare a fallback: if the court excludes the clip, preserve the ruling and use the manager's testimony and incident report. The key is to avoid an untimely foundation objection on Monday.