Don’t quote me on this but, I was told as long as one person knows about it, being him or one other. Then yes it can be.
In North Carolina it is not illegal to record phone calls as long as one party consents, ie the person recording the call. It is not necessary for the other person to give his or her consent, or even know the call is recorded.
If your ex has recorded calls to which he is not a party, that is illegal and those calls will be inadmissible in court if the proper objection is made.
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
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.
I have seen in several responses that recorded phone calls are admissible in court. How is this possible if it is illegal to record phone calls between 2 people who are not aware (as this is what I’ve been told).
Can I make sure that the specifics are right? If my ex has recorded conversations between myself and a 3rd party, without either of our knowledge, then those conversations are admissible in court for whatever he chooses to use them for?