Using Tape Recordings in a Divorce trial

[tyandi]

What is the name of your state? NC
Ok, I finally met with an attorney about my divorce. He told me I could use a tape recorder to gather evidence to prove that my In-laws gave trust fund money to their daughter (my wife) and to me. However, i forgot to ask him this and perhaps you guys can help me.

What if she recorded me telling her she could have the entire house? Would that hold up in court? Because in the beggining i did tell her that, but since i have talked to my attorney, that would be stupid.

So very simply, would that be held against me?

TD

[VeronicaGia]

A link for you on the legalities of recording telephone calls:

[url]http://www.pimall.com/nais/n.recordlaw.html[/url]

[tyandi]

I mean taping a conversation even by a small recorder.

[snostar]

Even if the recording is legal that does not guarantee admissiblity in court.

[BelizeBreeze]

Originally Posted by tyandi

What is the name of your state? NC
Ok, I finally met with an attorney about my divorce. He told me I could use a tape recorder to gather evidence to prove that my In-laws gave trust fund money to their daughter (my wife) and to me. However, i forgot to ask him this and perhaps you guys can help me.

What if she recorded me telling her she could have the entire house? Would that hold up in court? Because in the beggining i did tell her that, but since i have talked to my attorney, that would be stupid.

So very simply, would that be held against me?

TD

N.C. Gen. Stat. § 15A-287: It is a Class H felony to intercept or disclose the contents of a wire, oral or electronic communication without the consent of at least one party to the communication, The statute defines wire communications to exclude the radio portion of a cordless telephone call that is transmitted between a cordless telephone handset and base unit. N.C. Gen. Stat. § 15A-287.

In addition, communications transmitted in a manner accessible to the general public, radio transmissions of aircrafts, ships or vehicles, and law enforcement radio communications, can be legally intercepted.

Violations of the law can be punished by imprisonment for up to 10 years and a fine. Civil liability is expressly authorized for actual damages, $100 per day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs also can be recovered. N.C. Gen. Stat. § 15A-296.

Now, the only question is where did the recordings take place?

[Zephyr]

Originally Posted by tyandi

I mean taping a conversation even by a small recorder.

I am sure the size of the recorder does not make a diffrence as to whether the act of taping is legal or not