Audio Recording


#1

It was explained to me that in North Carolina you have the legal right to record any conversation you are a part of. I have also been told that yes they may be used in court. It is my understanding that they are rarely used because of obvious problems like editing, calling multiple times an using only the ones that help them and omitting the ones where they may has said even worse things than you.

My advise to you would be never threaten your x for any reason. This is very taboo in court. I understand that this can me an emotional nightmare.

I am no lawyer but I hope I have helped.

richard j caputo


#2

Well, that is what my concern is. There were no threats made, but my wife states there is…if these are to be submitted, are they made discoverable to attys before we go before a judge?


#3

This is a good question, because we bought a digital voice recorder and hope to catch my mother on tape saying something that contradicts her lies, and also to catch my ex-lawyer admitting that he helped my mother keep this out of court.

So, it is indeed legal? And can it be used in court?

Original Poster, I am almost certain that your wife CAN’T blackmail you like she’s doing, threatening you! She should have just recorded you and not told you anything. Blackmail is almost certainly illegal.


#4
quote:
[i]Originally posted by melaniekitty[/i] [br]This is a good question, because we bought a digital voice recorder and hope to catch my mother on tape saying something that contradicts her lies, and also to catch my ex-lawyer admitting that he helped my mother keep this out of court.

So, it is indeed legal? And can it be used in court?

Original Poster, I am almost certain that your wife CAN’T blackmail you like she’s doing, threatening you! She should have just recorded you and not told you anything. Blackmail is almost certainly illegal.



#5

It is legal in North Carolina to record a conversation as long as you are part of the conversation not a passive party with the person directly involved with your suit or case.

I used recordings of phone conversations with my STBX where he would randomly call me and just scream and call me names. WE came to an agreement so it was not used, but if we had not if would have been used to show his temperment and such.


#6

Yep, that is correct. Siiigghh…As I read post in these forums, there are many going thru much worse than I. If folks would just keep calm and talk things out, there would be much less divorce. Thanks for all your posts and good luck to you all.

Getting my life back…


#7

yes, as long as one party in the conversation being taped is aware of the taping it can happen and CAN be used in court. I did this. They might only listen to it if the parties that are in the recording are present though. IE: an underaged child that is not in court - Judge may refuse to listen to the recording.


#8

If the conversation was recorded by a party to the conversation and both parties were in North Carolina when this conversation occurred then the tape would be admissible.

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Attorney with Rosen Law Firm

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#9

My wife recorded an arguement and some conversations we had and is threating to use them in court. Can they be used against me?