April 23, 2019 Top Story

Video Testimony Replay Excluded from Closing Argument

Trial court did not abuse discretion in refusing replay of video testimony

By Jonathan R. Engel

A trial court properly refused the defendant’s request to play video clips of in-court testimony during the closing argument of a criminal jury trial.

A defendant’s request to play video clips of in-court testimony during the closing argument was refused

A defendant’s request to play video clips of in-court testimony during the closing argument was refused

iStockphoto by Getty Images

The trial court’s decision to prohibit such replay was within its discretion because of concerns about creating a false impression with the jury and causing a needless delay in the trial. ABA Section of Litigation leaders urge creativity and foresight by counsel who intend to seek to play video of trial testimony during closing argument.

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