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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34747
Experience:  Attorney with 16 years experience
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Is it legal to record a conversation with someone in New

Customer Question

Is it legal to record a conversation with someone in New Mexico without their consent or knowledge?
Someone that was friend may have recorded a conversation without my knowledge and may use it against me in Court. And I want to know if it is legal.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, it is legal for one person to record a conversation that they have with someone else without their knowledge or consent. NM is considered a "one party consent state" meaning that as long as one party to the conversation is aware of it (i.e. the person recording) then they can do so. It would be illegal to plant a recording device to record the conversation of two people if it was done by a third party who was not part of the conversation.

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thanks

Barrister

Customer: replied 1 year ago.
If someone else has recorded a conversation between 2 people in New Mexico withput the knowledge of both parties, is it legal?
Expert:  Barrister replied 1 year ago.

No, not if they are not part of the conversation. If there are 3 people in a conversation, and one is recording it without knowledge of the other two, it is legal.

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thanks

Barrister