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How do you submit audio recorded from a phone conversation in court as evidence?

 
Anonymous Coward
User ID: 10114856
United States
02/03/2012 11:21 PM
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How do you submit audio recorded from a phone conversation in court as evidence?
I'm the plaintiff in a civil lawsuit.

I recorded a conversation I had on the phone with the defendant's attorney where the attorney deliberately made false statements and misrepresentations in order to induce me to enter into an agreement which was adverse to my best interests.

I want to play the audio of the conversation at court.

What is the procedure of entering audio into evidence.

btw, we are in state district court.

also, i'm not concerned with the accusation of wiretapping because i live in a one party consent state on audio recordings.
Anonymous Coward (OP)
User ID: 10114856
United States
02/03/2012 11:22 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
bump
chuckslik

User ID: 9441545
Canada
02/03/2012 11:23 PM

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Re: How do you submit audio recorded from a phone conversation in court as evidence?
I think you would have to be a paid member. You can't even upload a picture with a plain old basic account (I think). Best make a YouTube vid about it and post your link.
some drink from the fountain of knowledge...others just gargle
Anonymous Coward
User ID: 10106122
United Kingdom
02/03/2012 11:26 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
Anonymous Coward (OP)
User ID: 10114856
United States
02/03/2012 11:26 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
I think you would have to be a paid member. You can't even upload a picture with a plain old basic account (I think). Best make a YouTube vid about it and post your link.
 Quoting: chuckslik


huh?
Anonymous Coward (OP)
User ID: 10114856
United States
02/03/2012 11:27 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
 Quoting: Anonymous Coward 10106122


i'm representing myself
chuckslik

User ID: 9441545
Canada
02/03/2012 11:30 PM

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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Sorry thought you meant post a phone conversation on GLP...jumped to a solution before reading the whole question.
flush
some drink from the fountain of knowledge...others just gargle
Anonymous Coward
User ID: 10106122
United Kingdom
02/03/2012 11:30 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
 Quoting: Anonymous Coward 10106122


i'm representing myself
 Quoting: Anonymous Coward 10114856


In that case, you still need to approach the court & make the evidence known to all parties. I'm 99% certain that this applies in all western legal systems.
Make damn sure that you are allowed to record without consent or you could be in a lot of trouble. You seem to have that sorted though.
HTH.
Anonymous Coward
User ID: 10084475
United States
02/03/2012 11:33 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
GLP does not stand for General Legal Productions.

You are guaranteed to lose your case. Anyone in their right mind performing legal research would not come to THIS site for legal advice. To think you are handling this case 'pro se' is comical.
.
Anonymous Coward (OP)
User ID: 10114856
United States
02/03/2012 11:34 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
 Quoting: Anonymous Coward 10106122


i'm representing myself
 Quoting: Anonymous Coward 10114856


In that case, you still need to approach the court & make the evidence known to all parties. I'm 99% certain that this applies in all western legal systems.
Make damn sure that you are allowed to record without consent or you could be in a lot of trouble. You seem to have that sorted though.
HTH.
 Quoting: Anonymous Coward 10106122


my state has a one party consent law. that means that only one party in a conversation needs to consent to recording a conversation.
Anonymous Coward
User ID: 10106122
United Kingdom
02/03/2012 11:37 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
GLP does not stand for General Legal Productions.

You are guaranteed to lose your case. Anyone in their right mind performing legal research would not come to THIS site for legal advice. To think you are handling this case 'pro se' is comical.
.
 Quoting: Anonymous Coward 10084475


And THIS ^^^ more than anything I or anyone else might say is the very best advice you are going to get. The defence attorney will tear you to shreds, it's what they do for a living.
Anonymous Coward
User ID: 10135842
Canada
02/03/2012 11:39 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Check your state laws. In some states you can go to jail for 6 months or a year for recording a phone call without the consent of both parties to the call. They consider that an illegal wiretap. In some states you only need the consent of one of the two. You're one of the two so that's legal.

You usualy have to give a copy to the other side before the trial so they have time to examine it. In discovery, you'll have a chance to ask for anything the prosecution has on you. At that time you have to give them them a copy of the tape if you want to introduce it during trial. If there is no formal discovery, go to the prosecutor's office and give it to him. If it's not legal in your state, don't give it to the prosecutor or even make mention of it. You could go to jail even longer.
Risqman

User ID: 7391717
United States
02/04/2012 01:13 AM

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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Check your state laws. In some states you can go to jail for 6 months or a year for recording a phone call without the consent of both parties to the call. They consider that an illegal wiretap. In some states you only need the consent of one of the two. You're one of the two so that's legal.

You usualy have to give a copy to the other side before the trial so they have time to examine it. In discovery, you'll have a chance to ask for anything the prosecution has on you. At that time you have to give them them a copy of the tape if you want to introduce it during trial. If there is no formal discovery, go to the prosecutor's office and give it to him. If it's not legal in your state, don't give it to the prosecutor or even make mention of it. You could go to jail even longer.
 Quoting: Anonymous Coward 10135842


In some states recording a phone convo doesn't matter since this is a CIVIL trial. Many things aren't allowed in criminal cases ARE allowed and ignored in CIVIL ones.
Check Google for your state and laws and narrow the search down as much as you can and you should be able to see other cases if you search prior civil cases in your state as well!
Anonymous Coward
User ID: 1507912
United States
02/04/2012 01:22 AM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
 Quoting: Anonymous Coward 10106122


i'm representing myself
 Quoting: Anonymous Coward 10114856


In that case, you still need to approach the court & make the evidence known to all parties. I'm 99% certain that this applies in all western legal systems.
Make damn sure that you are allowed to record without consent or you could be in a lot of trouble. You seem to have that sorted though.
HTH.
 Quoting: Anonymous Coward 10106122


my state has a one party consent law. that means that only one party in a conversation needs to consent to recording a conversation.
 Quoting: Anonymous Coward 10114856


If that is true you, can submit it to the Judge, to use as evidence. He or she might not let it in, but you can try.

If what is said on the tape is as you say, the lawyer could been in hot water. If it is allowed into evidence.
Anonymous Coward
User ID: 9922887
Australia
02/04/2012 01:24 AM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
You can't really, text messages the judge might look at but ive tried it before and he wouldn't have it called it illegal surveillance.
And I even tried the excuse "But I just happened to be recording and you know".
He wouldn't have it.
Anonymous Coward
User ID: 9922887
Australia
02/04/2012 01:27 AM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Most courts require that evidence is formally submitted & known to the court prior to the hearing. Give it to your attorney.

otherwise:

1dunno1
 Quoting: Anonymous Coward 10106122


i'm representing myself
 Quoting: Anonymous Coward 10114856


In that case, you still need to approach the court & make the evidence known to all parties. I'm 99% certain that this applies in all western legal systems.
Make damn sure that you are allowed to record without consent or you could be in a lot of trouble. You seem to have that sorted though.
HTH.
 Quoting: Anonymous Coward 10106122


my state has a one party consent law. that means that only one party in a conversation needs to consent to recording a conversation.
 Quoting: Anonymous Coward 10114856

Not for official evidence though.
They will say the evidence was obtained without the other party knowing.
This is not just consent for recording them you can get around that even if they have a 2 party law, simply by saying it was coincidental you recorded it by accident.
But for evidence they wont take it im fairly sure this will be this way anywhere in the world.
And also they do not know if its been digitally altered or anything.
Audio recorded evidence has to be obtained in line with official procedures for civil or criminal cases.
Anonymous Coward
User ID: 9826147
United States
02/04/2012 01:33 AM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Find out if it would be admitted or is illegal in your state.

If it cannot be admitted, all you could do is transcribe the conversation and present it as 'to the best of your recollection, this is the conversation I had with...'
Anonymous Coward
User ID: 10084475
United States
02/04/2012 01:38 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
Find out if it would be admitted or is illegal in your state.

 Quoting: Anonymous Coward 9826147


But WHERE does he "find out" the answer? Here on GLP ??? Is GLP the site YOU would go to for legal advice???
.
Anonymous Coward
User ID: 2222311
United States
02/04/2012 01:47 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
if you have a masonic lawyer you can do anything you want in court.

If you don't, then it will be carefully explained to you why everything you do is illegal.
Anonymous Coward
User ID: 4454920
United States
02/04/2012 02:07 PM
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Re: How do you submit audio recorded from a phone conversation in court as evidence?
You don't always need to bring audio or video into actual true, legal evidence. Often that is hard to do, impossible, or illegal. However, you can do it informally. Often both sides want to hear or see the files! So you do it informally. Like out in the hallway, or at the attorney's office. Then they KNOW they are not being lied to about something. This can sometimes massively speed things up…since lawyers are so used to being lied to by their clients or the other side. Get my point?

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