videotape admissable?

[camillia]

What is the name of your state? Arizona

We, the tenants, are suing for a landlord/tenant dispute over a wrongfully withheld damage deposits... We were denied moveout inspection/movein checklist and then sent an arbitrary bill with no documentation.

We have no disputes about the state of the house when we left it... damages were all either pre-existing or (we humbly think) are wear and tear.

The landlord has been absent (but has received rent checks) in alaska for a year, and sent a third party to video tape the house in their absence. (after we vacated) and sent us a bill based on the tape.

Our question is this....

Is this videotape admissable in court if the third party doesnt show up as a witness? Or is it heresay?

We feel we have a pretty strong case with or without the videotape (we have written (e-mail) admission of damage to the house from the landlord) but are curious whether or not to object to the introduction of that videotape as evidence.

Also, can this third-party represent the landlord in court if he does not make the trip from alaska?

Thank you in advance for your help,

Camillia

 

[JETX]

Is this videotape admissable in court if the third party doesnt show up as a witness? Or is it heresay?

That issue is moot.... as the named defendant MUST appear or lose the case by default.

Also, can this third-party represent the landlord in court if he does not make the trip from alaska?

Only a licensed attorney can represent the defendant.

 

[camillia]

But my question was if the defendant (the landlord) shows up, and her lackey who shot the videotape doesnt, is the tape admissable?

Also, fortunately for us, our landlord cannot be represented by an attorney in small claims court unless we all agree to it. (In arizona) so I think we're in good shape as far asthats concerned.

thanks again,

Camillia

 

[JETX]

But my question was if the defendant (the landlord) shows up, and her lackey who shot the videotape doesnt, is the tape admissable?

And again, that is not relevant. If the plaintiff does not appear in person or by their authorized 'property agent'... they should not have an opportunity to present their 'claim'.

However, if the court does allow the 'no show' to present.... the videotape would likely be able to present the videotape as long as the 'agent' can validate the time, date and circumstances of the taping.