<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lovingmom:
Is it legal, in Oklahoma, to tape record someone, without their knowledge, when they call you? And can that tape be used in a custody battle, since it is a civil matter and not a criminal matter?
My ex-boyfriend is telling me one thing and his attorney another so I look like the bad person!
Thanks for your help!<HR></BLOCKQUOTE>
My response:
You must inform the other party you are tape recording the phone call. While the tape is running, you should state: "I want you to know that I am electronically taping this telephone communication as we speak. Do I have your permission? No, then call me back when you want to give me your permission - - but right now, I'm hanging up the phone. - - click." Or, if permission is given, "go ahead and say whatever you want."
Okla. Stat. tit. 13, § 176.4 (1999): Anyone who is a party to a wire, oral or electronic communication or who has obtained consent from a party can lawfully record or disclose the contents of that communication, so long as he does not do so in furtherance of a criminal act.
Unlawful recording or disclosure is a felony punishable by a fine of not less than $5,000 and jail time not to exceed five years. Okla. Stat. tit. 13, § 176.3 (1999).
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."