Legal Question in Civil Litigation in Indiana

Tape recordings evidence in Superior court

Does the Ind. Superior Court allow tape recordings of partial phone conversations to be admitted as evidence? Also, the party wishing to admit the tapes claims not to have recordings of all conversations. Furthermore, he claims some of the conversations that took place did not take place. Those are of course the tapes that would be most beneficial to my defense. Furthermore, he taped the conversations without my knowledge.


Asked on 3/27/04, 11:19 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Tape recordings evidence in Superior court

The Indiana Wiretap statute seems to permit the recording of a telephone conversation so long as either one of the sender or receiver consents. So, a trial court could admit the telephone conversation into evidence. However, there are other ways to regulate evidence: demand production of copies of recorded conversations and other discovery methods to examine the authenticity of the recordings, then ask the court to exclude them from evidence.

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Answered on 3/27/04, 12:53 pm


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