Rule 30.09 of the Rules of Civil Procedure requires that if surveillance is to be used as substantive
evidence at trial, then counsel must give the opposite party notice of its intention to use the
evidence, and the
evidence itself must be produced to the opposite party
at least 90 days before the
commencement of trial.7 If counsel fails to do so, the Court will limit the use of that
evidence to impeachment purposes only, except where a trial judge grants leave to use the
evidence for substantive purposes.