English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

I am sueing my ex wife and have recorded phone calls. I need to know the where in the Indiana code I can find where it is legal for me to do so. Indiana is a first person state(one person in the conversation has to know it was being recorded) and the exact legal number will come in handy.

2006-08-16 21:16:27 · 2 answers · asked by highrise1502 2 in Politics & Government Law & Ethics

2 answers

Telephone recording is legal if used against the person you are suing and it will be allowed by the court. If justice is to be administered without any other evidence, telephone recording is admissible.

2006-08-16 23:23:04 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

FEDERAL and STATE LAWS:

The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

It is illegal under all jurisdictions to record calls in which one is not a party.

A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

http://www.rcfp.org/taping/states.html

Indiana Code: Title 35, Article 33.5 The recording or acquiring of the contents of a telephonic or telegraphic communication by someone who is neither the sender nor the receiver is a felony and can be the basis for civil liability.

Civil liability may require the payment of actual damages, $100 per day for each day of violation or $1,000 — whichever is greater — and punitive damages, court costs and attorney fees.
Indiana Code: Title 35, Article 33.5
--------------------------------------------------------------------------------
For the Table of Contents, Regarding the Law:
http://www.in.gov/legislative/ic/code/title35/ar33.5/

ALL PDF FILES
CHAPTER 1. APPLICABILITY AND DEFINITIONS
CHAPTER 2. APPLICATIONS, PROCEDURES, AND REPORTS
CHAPTER 3. DUTIES OF THE COURT
CHAPTER 4. PROCEDURES REGARDING INTERCEPTED COMMUNICATIONS
CHAPTER 5. CONFIDENTIALITY OF DISCLOSURE, REMEDIES, AND OFFENSES.

2006-08-16 22:56:14 · answer #2 · answered by Excel 5 · 0 0

fedest.com, questions and answers