Estate Law Questions? Ask an Estate Lawyer.
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.
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.
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.
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.