lilibell said:
I would like to know if it is allowed to use recorded phone conversations in small claims court.It was recorded without somebodys permision and it is Illinois.Thank you!
My response:
No. Both people need to give permission for the tape to be used. If this person attempts to introduce the tape into evidence, object to it, and ask the court to cite that person for criminal liability, make your citizen's arrest, and have that person physically held, to have them reported to the District Attorney's office for prosecution. A
720 Ill. Compiled Stat. Ann. 5/14-1, -2 (and as modified by Public Act 91-657, 1999 ILL. ALS 657): An eavesdropping device cannot be used to record or overhear a conversation without the consent of all parties to the conversation under criminal statutes. An eavesdropping device is anything used to hear or record a conversation, whether the conversation is in person or conducted by any means other than face-to-face conversation, such as a telephone conversation.
In addition, it is criminally punishable to disclose information one knows or should know was obtained through an eavesdropping device. Offenses of the eavesdropping law are punishable as felonies, with first offenses categorized as lesser felonies than subsequent offenses. Civil liability for actual and punitive damages is authorized as well. 720 Ill. Compiled Stat. Ann. 5/14-6 (1999).
Standard radio scanners are not eavesdropping devices, according to a 1990 decision from an intermediate appellate court. Illinois v. Wilson, 554 N.E.2d 545 (Ill. App. Ct. 1990).
It is also illegal for any person to "videotape, photograph, or film another person without that person's consent in a restroom, tanning bed, or tanning salon." 720 Ill. Compiled Stat. Ann. 5/26-4(a) (1999).
IAAL
[Edited by I AM ALWAYS LIABLE on 01-02-2001 at 07:21 PM]
