Legal Question in Family Law in New York

child custoday

Are cell phone voice messages admissable in court in new york without an attorney present if my ex husband is present and his attorney is present?


Asked on 10/21/08, 8:22 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: child custoday

The rules of evidence aren't altered by the presence of an attorney (or the lack thereof.)

The questions that have to be answered:

1)For what purposed do you want to use the messages?

2)How were they obtained?

3)What is the nature of the messages? (Who said what...?)

Once you have those answers you can predict with reasonable certainty how a judge would rule on the admissibility of the messages.

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Answered on 10/21/08, 8:59 am


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