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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience:  Actively practicing trial attorney
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Im answering a counter claim in a District Court and I need

Customer Question

I'm answering a counter claim in a District Court and I need to submit a copy of a phone message as evidence. The message is now in MP3 format on my computer?
What format do I use to make this recording evidence? A CD, A Flash Drive, Rock Paper Scissor...?
Thanks!
Submitted: 1 year ago.
Category: Legal
Expert:  lwpat replied 1 year ago.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

You would not submit it with your pleading in reply to the counterclaim. You would need to have it on a CD for the hearing on the matter. You would have to lay a proper foundation for the introduction of the recording and then offer the CD into evidence. However, the other party would have to have been notified that you were recording or the recording would not be legal.
Applicable Laws under Oregon Revised Statutes (ORS):
§165.535 Definitions applicable to obtaining contents of communications
§165.540 Obtaining contents of communications
§165.543 Interception of communications

http://www.oregonlaws.org/ors/165.540


Oregon is a one party state so as long as you were a party to the conversation it could be recorded.

Customer: replied 1 year ago.
Hi,

Okay, I need to explain this differently:

There already is a foundation, this recording is the direct answer to a challenge. The existence of the recording itself was questioned & the message is crucial to this case (I had a lawyer btw, he's a JAG in the air force & now he's in Afghanistan. I have a firm that will read over my paperwork before I submit it, but who knows how long they will take?? I only have 11 days.

No ones permission was needed for the recording, it was left on my phone as a voice mail, so the person knew they were being recorded and they chose to leave a message (after the beep).
I knew it was supposed to be on a CD, I just wasn't sure! :)

What I need to know, is exactly what do I write on the paperwork for a CD to be sent in with a response? How do I physically submit a CD as evidence?
Everything else is a copy of an email, or a letter. This is the only recording.
If this helps-
(I made the original claim, they responded, I responded & they responded with a 2 page long challenge. This is a direct response to the challenge. The attorney does not believe that I have any evidence, she is in for a surprise!!)
Expert:  lwpat replied 1 year ago.
You need to take the recording to a court reporter and have them do a transcription of the recording. That would be the proper way to include it in a response. However, you normally do not include it as evidence in a pleading submitted to the court. You would not attach the CD, just the transcript. This would normally be disclosed in response to a discovery request. I am not sure what they have submitted as a "challenge" or even why you have to submit a response.

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