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Tuesday, January 29, 2013

Ind. Courts - "Standards Governing Electronic Media, Still Photography, and Personal Computing Devices at Supreme Court Oral Arguments"

The Supreme Court has posted an order, filed Jan. 23, headed "Standards Governing Electronic Media, Still Photography, and Personal Computing Devices at Supreme Court Oral Arguments." The 4-page order details permissible use of cameras and other electronic devices for press coverage of its arguments.

Paragraph 5, however, appears to move beyond press coverage:

5. Impermissible Use of Media Material.
(a) None of the film, video tape, still photographs or audio reproductions developed during or by virtue of coverage of a Supreme Court proceeding shall be admissible as evidence in the matter out of which it arose or any matter subsequent or collateral thereto, whether involving the same or different parties.
[BTW, there is no "(b)"]

A reader writes:

Para. 5(a) is interesting, but what does it mean? May I cite to a justice's concern expressed on a topic in making an argument to the Court of Appeals? That is simply illustrative; I'm not asking that it be admitted into evidence.

I understand I could not admit it into evidence in a trial court, but could I not cite it in a brief there as illustrative support?
Additionally, as the ILB has pointed out in several posts, the Supreme Court recently has begun citing statements in the oral argument video in its opinions.

Posted by Marcia Oddi on January 29, 2013 08:58 AM
Posted to Indiana Courts