Voice mail messages - submissible in court? Medical records?


#1

My own mother has turned against me during my recent separation and has told me on voice mail messages that she is going to lie on the witness stand on my ex’s behalf (that I’m having an affair). She does not want us to split up. I have recorded the voice mails messages onto a tape recorder (they are date stamped and identifies the phone number). Can this recording be submissible in court when she goes to testify against me?

Also my mother has dementia and her doctor has it documented in her medical records. Is there any way (with confidentialty laws these days) to get a statement from her doctor documenting this (or have the info subpoened)? That would possibly help deflect the lies that she claims she is going to tell on the witness stand. She is my ex’s main (and ONLY) witness who will be tesifing about the alleged affair.

Thanks!


#2

Yes, you may use the messages as impeachment evidence on cross examination. The medical records are a little different, while judges can order medical records to be released, I do not think a judge would do so for a non-party witness. You are however, are free to ask your mother about her diagnosis and condition when she is on the stand to discredit her as a reliable witness.