Legal Question in Civil Litigation in North Carolina

Recording of Phone Conversations

Can I record a phone conversation between myself and another party without the other party knowing it and then be able to use this recording in court?


Asked on 1/21/02, 3:34 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Recording of Phone Conversations

Generally speaking, yes. There is a federal wiretapping law, which allows one party to a call to record (or intercept) the call. (It is illegal to intercept a call between others.) There is a North Carolina state law, which does not seem to add anything to the federal law. As for admissibility in court, there is no prohibition. It would, technically, need proper "authentication," which would require only that someone (i.e. you) identify the voice as that of the other person. Of course, other states have different state laws about this.

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Answered on 1/21/02, 6:25 pm


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