Are audio tapes admissable in small claims court?

Question

These are taped phone conversations without the other party being aware of the tapeing!

Answer 1

In small claims court, it depends on the state. In some states, all parties on the tape must be aware of the recording. In other states, only one party on the tape must be aware. You will have to check the laws in your particular state.

To be admissible in any state, there are other rules which often apply, such as the tape must be original and unedited, the tape must be clear enough understand well, the person who recorded the tape must be available to testify as to how the tape was obtained, and so on.

Note: To the person who said it is "a constitutional violation of the right to privacy," there is no such thing. The Constitution says nothing about a right to privacy.

In response to David directly below, statements made after awareness is implied consent. A person doesn't have to say "yes please record me" before a recording is admissible. Awareness with voluntary statements afterwards is sufficient.

By the way, we both missed something. Statements made in public (a public street or wherever) where others, including the recorder without unusual amplification, could hear requires no additional consent.

Answer 2

It depends upon the purpose for which you seek to introduce the tapes, and whether the taping was legal.

Ordinarily, statements made outside of court are considered hearsay - so you'll need an exception to the hearsay rule to bring them in. There are several that may cover the conversation, but, assuming one fits, the hearsay rule won't bar admission.

The next consideration is whether the tapes were made in violation of a state law. Some states require two party consent to taping - and it's consent, not awareness of the taping. Others require only one party to consent.

Then there's the question of relevance. What do the tapes prove that is relevant to your case.

Finally, the tapes will have to be authenticated - that is, someone will have to testify as to how they were made, where, when and whether or not they are fair and complete representations of the conversation.

If you can meet all four of these tests, and unless the judge is having a very bad day, the tapes should be admissible.

Answer 3

Taped conversations are not admissible in court without the consent of the person being taped. It is a constitutional violation of the right to privacy.

Answer 4

No