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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7310
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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I am representing myself pro se in a civil matter and need

Customer Question

I am representing myself pro se in a civil matter and need to know how exactly to complete an affidavit swearing in a recording that I took of a conversation between myself and one of the defendants. The entire record is 50 minutes long and it was recorded on a digital recorder that was in my shirt pocket. I have written out a transcript but I know i can't use that, I've also read about a number of cases when the affidavits were thrown out because they didn't include certain terms, and that the affidavit itself isn't actually the "evidence"... I made a mistake when I submitted my last motion with my own transcripts attached, they countered and argued that it was inadmissible hearsay. I've got two 10 days until the hearing on that motion and must be sure I get these recordings authenticated correctly.
Submitted: 8 months ago.
Category: Estate Law
Expert:  Irwin Law replied 8 months ago.

Good morning Chad and thanks for using JUST ANSWER. I will be happy to assist with your question this morning. Can you send me a copy of the motion that is to be heard. Is hearing tomorrow? Also, have you read the Kansas statute regarding consent. Kan. Stat. Ann. § 21-6101(1); Kan. Stat. Ann. § 21-6101(4). You can use the paperclip to attach. Also, I do not need the transcript of the recording. Just the motion and affidavit.

Customer: replied 8 months ago.
I actually don't have the motion with me, it's on a computer at home.
Customer: replied 8 months ago.
I actually recorded the conversation and I'm in it, the other party is a named defendant
Customer: replied 8 months ago.
the "one party" rule is met
Customer: replied 8 months ago.
the "conscent" rule is met.
Customer: replied 8 months ago.
Do I need to state what is said in the affidavit or do I just list the details and state that I swear the details are correct?
Expert:  Irwin Law replied 8 months ago.

You meet the consent test. You must establish the legal basis to admit the recording. If you wish to impeach the testimony of that party, you basis would be to ask him questions under oath and use the tape to impeach if he denies what you say he said. If he admits what he said, then the tape becomes irrelevant. You can set this up through interrogatories and request for admissions. Or, at trial, you can ask him to testify about what he said to you in that conversation. Ask him whether or not you and he had a conversation , date, time and if he said what you wish to establish. I don't know what is going on in the case, so this is all I can tell you at this point. If you want to have direct phone contact, I will send you that offer of our Premium Service. There is additional cost, and you do not have to accept the offer. A rating at this point would be appreciated either way.

Customer: replied 8 months ago.
It's a civil case against the trustees of my family trust and the motion is have the court assign a temporary trustee pending the outcome of this trial. They've evicted me from my home and are trying to sell my house so they can make an argument that I don't have standing to sue a former trustee of a trust that no longer exists. They are claiming that I violated a no court Contest clause in the trust because I filed this lawsuit therefore I'm no longer a beneficiary so I can't live in the trust owned house. They have just replied to my motion and said as much. I have a recording of a meeting with a trustee where they flat out tell me that I'm being evicted because i threatened to sue them for estate fraud. That's basically it, I just need to know how to get this tape admitted.
Customer: replied 8 months ago.
By the time this trustee almus iver they will have sold my house so it's imperative that I get this tape in front of the judge
Expert:  Irwin Law replied 8 months ago.

You've added an "in Terrorem" issue here. ( on which I now remember that I dealt with you in September.) I can't do anything more for you in this Q & A format. I have to ask you too many questions. You are in litigation against skilled lawyers, and you have to understand how you "...get this tape in front of the judge". I can explain it by phone, but it will take all day to do it in this format. That is why I offered Premium Service. I will not be back to the computer for about an hour from now.

Customer: replied 8 months ago.
I'm sorry, I don't have time today to talk on the phone, any advice or references would be appreciated, I'm not sure how detailed I need to be, the recording is obviously me and the defendant so I don't think that's going to be an issue. Can't I just submit some sort of affidavit and authenticate it in court?
Expert:  Irwin Law replied 8 months ago.

What stage of the proceeding are you in? You haven't given me any background about the case itself and what has happened in it so far. Why is the tape recording so important now? In order to play the tape, you must first ask the other person under oath whether he made that statement to you in your conversation on ______________, at ____________________. In other words you must first set the stage for impeachment of the of the party's testimony. If the trustee admits he did say what you claim he did, then the tape is not usable, because he has already put that fact into evidence. That is why I asked to see the motion and affidavit that you filed.