Discovery Request


#1

I have the EXACT same situation. I can’t wait to hear feedback.

quote:
[i]Originally posted by robinp[/i] [br]My ex has filed a motion to modify custody, visitation and child support and our hearing is set in February.

My ex has been taping our phone conversations for the past year - presumably to try to use against me.

Can I request a copy of all tape recordings as part of Discovery? I would like to know what he has and prepare a defense to anything that he might come up with.

I have heard that judges don’t typically want to hear tape recordings. Is this true?



#2

Yes. You can request to have access to all tape recorded conversations to which you are a party. Discovery requests need to be made timely in order to be effective. Once they are served a party as 30 days to respond, and if requested, a party will be given an additional 30 days. Attorneys almost always make a request for an extension of time, and these requests are granted freely. If your ex is represented you will want to consider making a motion to continue the hearing in order that you may conduct discovery.
You will need to serve a Request for Production. Your ex, or his attorney will then have to make the recordings available to you within the 30 or 60 day period. It is common practice for the other side to give you a time and date to come and listen to the recordings at their office. They are not required to make copies for you.
Judges will hear tape recordings if the information contained on the recordings is relevant, these conversations are admissible as evidence, whether you knew you were being taped or not. Many people think that recorded conversations are hearsay, and that they cannot be used in court. This is not the case when the conversation is made by a party opponent. The rules of evidence specifically exclude these statements from the category of inadmissible hearsay, so long as it is offered against the party speaking.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I live in FL now. I didn’t think that my ex could legally record our conversations without my consent since it is now interstate.

What are your thoughts on that?


#4

It depends. If Florida is a


#5

I found the answer to whether or not FL is a “no consent”. It definitely is not.

Florida

All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording, disclosing, or endeavoring to disclose without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain. Fla. Stat. ch. 934.03. These first offenses and the interception of cellular frequencies are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976).

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of


#6

Good news!

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

My ex has filed a motion to modify custody, visitation and child support and our hearing is set in February.

My ex has been taping our phone conversations for the past year - presumably to try to use against me.

Can I request a copy of all tape recordings as part of Discovery? I would like to know what he has and prepare a defense to anything that he might come up with.

I have heard that judges don’t typically want to hear tape recordings. Is this true?