Legal Question in Family Law in Massachusetts

admissability of voice mail message left on personal voice mail

I received a message on my home voice mail which is provided by the phone company. The message has been saved and I am told it can be extracted and saved permanently by the phone company.

The contents of the message provides proof positive I have been knowingly deceived and defrauded by a third party. I understandf there are laws pertaining to taping conversations or wiretaps, but as this was knowingly left o tape, can it bew used to prove my case?


Asked on 4/29/04, 10:19 am

2 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: admissability of voice mail message left on personal voice mail

Yes. Different judges come to different conclusions, but I say Yes.

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Answered on 4/29/04, 11:53 am
Len Foy NH Residential Title & Escrow

Re: admissability of voice mail message left on personal voice mail

Hi -

Briefly, the reason why voicemail messages are typically admissible is because the person leaving the message consented to being recorded by leaving the message on an answering machine, as opposed to a person being tape-recorded without their consent - in which case their message is typically not admissible.

Hope that helps.

Regards and Good Luck -

Len Foy

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Answered on 5/03/04, 8:23 am


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