Legal Question in Family Law in New York

audio taping without permission

is it imissible in court to use an audio recording of coversations, you didn't agree to have recorded?


Asked on 9/10/07, 11:35 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: audio taping without permission

Let's rephrase the question.

Are recordings of conversations had by the litigants admissible in an action against one of the call participants even if that person gave no one permission to record the call and didn't know the call was being recorded?

Yes it is if the call was made in NY to a person in NY State. Otherwise, it may be admissable in NY but not in a state where the phone call would have required two party consent.

NOTE The taping party must be a party to the call. You cannot bug a call you are not a party to. That would be highly illegal.

Good Luck

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Answered on 9/10/07, 11:58 pm


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