Audio Taped Conversations

[CMAH101753]

State of Florida Small Claims Case (already filed)
Basic Question: How can an audio cassette recordings be used in court of law? What are the legal considerations?

Here is the particular scenario:

I am the Plaintiff in the Small Claims Case. My former employer is the Defendant.

In May of this year I had a 2 hour meeting with my employer in which I requested his permission to tape record the meeting. The employer agreed and I taped the entire 2 hour meeting.

Now the employer is denying that he gave his permission to be audio taped!

My concern and question is how can I still use the audiotape as evidence and or can I utilize a transcription of this same tape (done by a court reporter who reviewed my tape) to demonstrate and evidence important issues covered in the 2 hour meeting? Suggestions?

Thank you.

 

[HomeGuru]

You were supposed to turn the tape recorder on first then state Mr. Employer, I understand that you have given me permission to record this meeting which I am doing right now, is that correct?

 

[JETX]

Some state laws require permission from both recorded parties to be admissible and some require only one party.

As HomeGuru posted, I assume that you either got permission to record in writing, or at least at the beginning of the tape, didn't you??? Most recorded sessions begin with both parties names, the date and location of the recording, then a statement that the recording is done with the permission of both parties and both acceptances. If you did not get the written or recorded permission, at least include the recording in any production request and see if the judge will allow it.

I suggest that you study Florida Statutes, Title VII, Chapters 90 and 92, particularly Chapter 90.108, which says:
"Introduction of related writings or recorded statements.--
1) When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require him or her at that time to introduce any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously. An adverse party is not bound by evidence introduced under this section.
(2) The report of a court reporter, when certified to by the court reporter as being a correct transcript of the testimony and proceedings in the case, is prima facie a correct statement of such testimony and proceedings."