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I am aware of the one party consent law in NJ. I would like…

Customer Question
I am aware of the...
I am aware of the one party consent law in NJ. I would like to know if these recordings ass admissable in family court
Submitted: 1 month ago.Category: Family Law
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Customer reply replied 1 month ago
ARE* admissable
Answered in 4 hours by:
3/21/2018
Family Lawyer: Lucy, Esq., Lawyer replied 1 month ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,953
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Yes, they are. Most states have laws prohibiting illegally made recordings from being entered into evidence, because they don't want to reward people for doing something illegal (especially in states that make secret recording a felony). However, that reasoning wouldn't apply to a recording that is legally made and obtained. Because New Jersey only requires the consent of one party to a conversation, anyone who records their own conversation can admit it in court, assuming that it's relevant to the case.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Customer reply replied 1 month ago
Would the person presenting the recoding need to prove that it has not be edited, etc? Or is it just automatically allowed to be used?
Family Lawyer: Lucy, Esq., Lawyer replied 1 month ago

They'll need to testify under penalty of perjury that it's a true and accurate representation of the conversation. The other party would be able to testify if the conversation had been edited. And there's a concept called the "Rule of completeness" that says, if they enter only part of the conversation, the other party can insist that they introduce the whole thing.

Editing or deleting parts of the conversation is considered tampering with evidence, so if the judge finds that, he can exclude the recording on those grounds.

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Family Lawyer: Lucy, Esq., Lawyer replied 1 month ago

Do you have any other questions about this?

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Lucy, Esq.
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