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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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Im being sued for over $2000 for damage to a car door in which

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I'm being sued for over $2000 for damage to a car door in which I was struck during a domestic dispute while I was on the phone with 911 dispatch. He dragged both my husband and I about 20ft. I called 911 twice and stayed on the phone with 911 the entire process. He alleged that I hit him and because of this, police stated they were unable to arrest him. Because of the lawsuit, I would like to know how to obtain the 911 tape recordings for our defense as it is the only way. My sister is now back with this man and is testifying for him against us.
Hello and thank you for allowing me the opportunity to assist you.

Q: I would like to know how to obtain the 911 tape recordings for our defense

A: You should request a copy from the police department that responded. If they do not voluntarily give it to you, then you can subpoena the recording. In order to subpoena the recording, you can visit the court clerk where the lawsuit was filed and ask for a subpoena form which you fill out and send to the police department. I'd be surprised if it would come to that, however. The police department would likely help you in obtaining the recording if you just ask.

You should note that you'll need a witness, however, who can authenticate the recording in court. In other words, you can't just had the judge a recording and tell him that it's the 911 recording that you made. He can't just take your word for it (and you can't really say what it is anyway, since you don't have it). A witness who had the recording needs to testify that the recording is what you claim it to be. So, you may need to request a witness, or subpoena a witness who can testify as to the recording's authenticity.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

Would I receive the 911 recording and who would be a valid witness to the authenticity of the recording itself?

Hi again.

Yes, you should be able to get the 911 recording if you request it. The witness needs to be somebody who has knowledge about where that recording came from. For example, the person who give you the recording can probably testify. You should ask about who would be willing to testify, since they likely deal with situations like this and have a procedure for it.

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