Taxing Matters
Overtaxed Member
If the other party has the video and the party seeking the video knows it then generally no subpoena is needed to get it. All the party seeking the video would have to do is serve a discovery request on the party who has the video. It would then be up to the party holding the video to file an objection to the request and cite the confidentiality agreement. How that would go would depend very much on exactly what the video shows, what the confidentiality agreement says, and why the video is needed in the litigation.If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.
It sounds very much like you are taking the side of the parent to whom you provided the services. But I suggest to you that you not try to interfere with the litigation in anyway or try to help your client by seeking to subvert the other side’s efforts to get information needed for the case. You are entitled to protect your own interests, but I suggest you stop there and not go further in trying to help the parent in his/her case.