Legal Question in Real Estate Law in Florida

Answering machine recording admissability

I am sueing my landlord to recover my deposit.

His lawyer has submitted an answering machine tape recording as evidence.

I'd like to file a motion to have this recording thrown out.

Is this recording admissable in court?

Would my motion be valid?

I've heard that these type of recordings are not admissable evidence. Is this true?


Asked on 9/19/02, 8:32 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Answering machine recording admissability

An answering machine message is generally admissable in court. Unlike other tape recordings, the message left on the machine was done knowing that it would be recorded and with the implicit permission of the person leaving the message.

Scott R. Jay, Esq. 305-249-8000

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Answered on 9/20/02, 10:34 am
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Answering machine recording admissability

If you voluntarily left a message on an answering machine, you now cannot complain about it being used against you. As concerns the security deposit suit, if you require the advice of an attorney, you should retain one immediately. Good luck.

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Answered on 9/20/02, 6:44 pm


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