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RobertJDFL, Lawyer
Category: Employment Law
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Experience:  Experienced in multiple areas of the law.
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In Louisiana Is it legal to tape record a conversation

Customer Question

In Louisiana Is it legal to tape record a conversation without the other person consent? And is it admissible in court?
Submitted: 1 year ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

To answer your first question, yes you can, so long as one person recording is a party to the conversation. Louisiana’s Electronic Surveillance Act bars the recording, interception, use or disclosure of any oral or telephonic communication by means of any mechanical or electronic device without the consent of at least one party to the conversation.

That said, even if the recording is the type of evidence that is admissible, you still may not be able to introduce the tape in court due to a lack of predicate. Predicate refers to the foundation that you must establish to ensure the evidence is reliable. Until you establish that the voice on the tape is actually belongs to the person you are claiming it does, the recorded conversation is hearsay and will not be admitted.

Predicate rules are usually set out in a state's rules of evidence and will vary, but generally you must be able to:

  1. Demonstrate that the voice on the tape actually belongs to the person you are claiming, not someone impersonating them;
  2. Show that the recording device you used was capable of making an accurate recording;
  3. Prove that the recording is a true and accurate representation of the conversation. This is usually an issue when the recording cuts in and out because of, for example, wind blowing through the microphone, which could cause the conversation to lose much of its context; and
  4. Verify that the recording has not been tampered or altered in any way.

Even if the evidence would otherwise be admissible, if you cannot satisfy your state's procedural predicate rules, the recording cannot be used in court.

If you need clarification or additional information, please REPLY, and I'll be happy to assist you further. Thank you.

Expert:  RobertJDFL replied 1 year ago.

Did you have any follow-up questions or additional information I could answer regarding this matter? If so, please reply and I'm happy to assist you. Otherwise, kindly remember to leave me positive feedback, as that is the only way experts on this site are paid, even though you have left a deposit. Thank you!

Expert:  RobertJDFL replied 1 year ago.

Do you need any additional information or clarification about this answer? If not, I would kindly ask that you leave me a positive rating (3-5 stars) as that is the only way experts on this site are compensated for their time and expertise. Thank you very much.