Courts may allow subpoenas and limited disclosure of a protected person’s videotape, but the tape must stay confidential and be handled under strict protective-order rules.
§440.7. Admissibility in civil, family, and administrative proceedings; discovery; confidentiality A.(1) Courts with civil or family jurisdiction or administrative law judges may authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected person made pursuant to this Section for good cause shown. The subpoena duces tecum shall order that the videotape of the protected person be returnable to the court for inspection. If the court determines that the videotape is relevant and necessary to the case under review, the court may order in writing that the videotape be disclosed to the attorneys of record for each party, subject to a protective order pursuant to Paragraph (2) of this Subsection. (2) The protective order shall include all of the following information: (a) Names of the attorneys of record in the case and their regularly employed staff, paralegal, or expert witnesses, who are the only individuals permitted to view or be in possession of the videotape. (b) The videotape is in the exclusive custody of the court and that the videotape shall not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that protects the identity of the protected person by the use of initials. (c) If the party is not represented by an attorney, the party and the employees or retained expert witnesses of the party shall not be given a copy of the videotape but shall be given reasonable access to view the recording by the custodian of the recording. (d) Attorneys and custodians of the videotape shall file their copy of the videotape under seal into the record of the proceedings upon termination of representation or upon disposition of the matter at the trial level. (e) The unlawful possession, selling, duplicating, distributing, transferring, or copying of any videotape of protected persons is punishable pursuant to R.S. 14:81.5. B. Any violation of this Section shall be punishable as contempt of court. C. Nothing in this Section shall prevent the Department of Children and Family Services or law enforcement from sharing information as authorized or required by state or federal law. Acts 2024, No. 654, §1.