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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Is an audio recording admissionable in court if at the end

Customer Question

Is an audio recording admissionable in court if at the end of a meeting and all parties thought the audio recorders were turned off but accidentally one was left on and a statement was made involving a cover up of evidence that could be used in court later. This is a civil issue involving teaching and failure to educate a child. What case law is out there to support the use of the audio tape?
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your question. The court would decide here. Since neither party had consented here this may be hard to get admitted. If one party had have made informed consent here and knowledge of the tape if might be an easier call. The judge would decide here. It would be discretionary based on relevance and other issues here such as consent, etc.


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Customer: replied 8 years ago.
Both parties knew an audio tape was being used but the statements made after both parties thought the tape was off were that a child not progressing in his education even though the teacher reported he was, but has no supporting documentation. A district representive stated, "We will cover it up." Doesn't the interest of child out weigh the consent of the tape recording in court or can we use the tape as a bargining chip with the knowledge that a judge would have to rule of the admission of the tape. There was no intent to covertly tape the statements just an error on turning it off.
Expert:  RayAnswers replied 8 years ago.
This would certainly be your argument for relevancy and admission here. It is pretty compelling I would agree...