Legal Question in Family Law in Maryland
Question about recording phone conversation
Hello:
1. Is it legal for a husband to record a phone conversation bt him and his wife w/o the knowledge of his wife? The husband lives in MA and the wife is outside the country.
2. If a nullification of marriage petition is pending before court, is it legal to record a phone conversation?
3. Can this conversation be used as evidence in the nullification proceeding?
4. Can this conversation be later used in a perjury complaint against the wife?
thanks.
3 Answers from Attorneys
Re: Question about recording phone conversation
Under Massachusetts statute it is illegal, with criminal and civil penalties, for recording someone without their consent.
It is NEVER admissible.
Re: Question about recording phone conversation
It is entirely illegal to secretly record any telephone conversation under Massachusetts and Federal law, absent Court order. Doing so carries criminal consequences.
Re: Question about recording phone conversation
In Maryland it is illegal to record conversation that is made over telephonic mechanisms without prior consent and notice. Such action carries civil penalty. In addition, any evidence that was acquired cannot be used in judicial process. Contact an attorney as your inquiry presents other matters especially relating to civil procedure.
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