Legal Question in Family Law in Oregon

Re: phone recordings

YOUR QUESTION:

my brother is going through a divorce and his wife called me. i answered the phone but my answering machine picked up as well, recording the conversation. She said some things to me that contradicted some of the things that she is claiming in the divorce papers. What i am wondering is if this recording can be used or is it of no use since neither of us knew the machine was taping the conversation. Specifically, she stated in the divorce papers that he was an unfit parent. The recording has her saying several times that he is not an unfit parent. She also admits to drug use in the past year.

ANSWER:

Bottom line: YOU tape recorded a telephone conversation on YOUR telephone without specifically advising the other party to the call that she was being recorded. The fact that you did not realize that your telephone was recording the conversation is wholly irrelevant.

Under Oregon law, a tape recording of a telephone conversation, whether knowingly or unknowingly made by the person who did the recording, is NOT ADMISSIBLE as evidence in court UNLESS the other party to the telephone call was SPECIFICALLY ADVISED that she was being recorded.

L.D. Gorin

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

E-mail: [email protected]

Re: phone recordings

I would be happy to speak with your brother regarding his case.