24-Jul-2015, 09:44 AM
I think this is a very common question amongst arguing couples and even disputing neighbours.
I know that there are federal laws around this matter as well as state laws, but what it all means in this case I am not too sure. But I would say that if she was aware that she was being recorded, as it may be the case with your iphone and then again may be the case with the answering machine, then I can't see on what basis this information could be made inadmissible.
One line of thinking however that may work for you. Even if you recorded your ex without her acceptance, simply transcribe the phone conversation in writing, and submit it as a transcript. Don't mention that you have a recording, but claim that you can recollect it. Usually, from the details in the transcript, Judges realise that you have the recording, without having to argue whether it was legally recorded or not.
I know that there are federal laws around this matter as well as state laws, but what it all means in this case I am not too sure. But I would say that if she was aware that she was being recorded, as it may be the case with your iphone and then again may be the case with the answering machine, then I can't see on what basis this information could be made inadmissible.
One line of thinking however that may work for you. Even if you recorded your ex without her acceptance, simply transcribe the phone conversation in writing, and submit it as a transcript. Don't mention that you have a recording, but claim that you can recollect it. Usually, from the details in the transcript, Judges realise that you have the recording, without having to argue whether it was legally recorded or not.