Legal Question in Family Law in Virginia

Re: Legalities of recording devices

Except in child abuse or neglect cases, pursuant to � 63.1-248.13:3, Code of Virginia, taped conversations are inadmissable, except as specified in the statute below, in any civil proceedings in Virginia but may be admissable in criminal proceedings so long as one of the taped parties consents to the taping or in other limited circumstances set out in the criminal statutory and case law.

� 8.01-420.2. Limitation on use of recorded conversations as evidence.

No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by rescue squads, nor to any communications common carrier utilizing service observing or random monitoring pursuant to � 19.2-62.

(1983, c. 503; 1992, c. 567.)