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
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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