How do I present audio recording to the court?

[Colonel's Wife]

What is the name of your state (only U.S. law)? VA

I have an audio recording (mp3) that will prove my case, but most courts do not allow recording devices. So, how do I present this evidence in court? Also, I recorded one person with consent... but other person was recorded without consent. Is that a big deal? I am not on the recording.

 

[Proserpina]

So you are a third party who recorded at least one person without that person's consent?

 

[Colonel's Wife]

That's right.

Yes, the call was place from my home... The person placing the call consented, the person on the other end did not. I have since learned VA is a single consent state. How do I present this in court?

 

[Proserpina]

Yes, the call was place from my home... The person placing the call consented, the person on the other end did not. I have since learned VA is a single consent state. How do I present this in court?

You may want to rethink that. Single party consent applies when one of the parties to the conversation is making the recording - not necessarily to third party/eavesdropping recordings.

You were not a party, correct?

 

[Proserpina]

It would also perhaps help to know what type of case you are dealing with and the context of how this evidence will affect the case.

 

[Colonel's Wife]

Background

My former landlord is deducting $1200 from my security deposit for damages done by her own handyman. I suspected this would occur (since I knew my former LL to be a shady character) so I ask handyman to record his conversation with her as he told her about the damage he had done. Handyman has since been terminated and now I must go to small claims court to get back my money.

 

[JustAPal00]

Get the handyman to testify in court for you. He can say what was discussed in the phone call.

 

[Proserpina]

Get the handyman to testify in court for you. He can say what was discussed in the phone call.

That would appear to be the easiest option, yeap!

 

[Colonel's Wife]

Can't do that.

I don't know where the handyman is... he was let go in 2007. I have no way of contacting him. I believe that is why LL thinks she can get away with doing what she is doing.

 

[HappyWanderer]

So, you want to take an out of court statement and offer it for the truth? Then, no you can't use the recording as that would be hearsay. As the others have said, you need to use the handyman to get his statement in. What the landlord said is a different problem. Perhaps you want to use it for some other purpose? What are you trying to prove with the evidence? How does the recording prove it?

Also, I'm not sure an .mp3 file is admissible even if you can get around the hearsay problem. You have another problem with two legs. What is your foundation? Without the handyman or a voice print expert, you can't establish it is the landlord who is doing the talking in the first place, and, without something like a tape (which could be examined), how can you prove it has not been altered in the second. While .mp3's are played in court for ease, I don't think they often directly recorded to .mp3 unless there is some business practice which would tend to show reliability and lack of manipulation.

If both parties are pro per, you might get it in. But, if the other side has an attorney, no way. Also, small claims is more informal and you might be able to get it in there as well.