I got into an argument with my brother over some financial mattters comcerning my incompitent mothers property, now he is threatening to take me to court and use his secretly made recording as evidence against me.
Can something like this be used?
(I will be calling my lawyer monday, wanted some opinion sooner though)
Thanks.
2007-04-21 13:26:30 · 9 answers · asked by Billy Ray Sumbich 3 in Politics & Government ➔ Law & Ethics
Very unlikely. But, it depends totally on where and what action will be brought.
With that said, there is all kinds of evidence that gets admitted that isn't admissible for a bunch of reasons.
My advice is chill out. Write down now all the facts as you remember them. Both of the initial conversation and subsequent conversation. Before you call your attorney have as clear a picture as you can get of what the issues are.
2007-04-21 13:34:13 · answer #1 · answered by caseysxyz 3 · 0⤊ 0⤋
Unfortunately, you dont state where it is you are, and that means you wont get an answer. Some places it is legal to do so, other states what your brother did would constitute a crime.
I know where I live (Ontario, Canada) it is legal to do so as long as one of the parties involved know that the conversation is being recorded, and since your brother did, then its legal.
2007-04-22 00:24:13 · answer #2 · answered by mekounknown 5 · 0⤊ 0⤋
I dont believe so I think if you are being recorded you have to be told up front before the conversation starts, because if you are not aware of it thatn it cna not be used against you and in court
2007-04-21 13:35:50 · answer #3 · answered by kenneth s 1 · 0⤊ 0⤋
You can always dispute that the tape be a correct recording, as we know by 'computer' you can make all kinds of 'fack' tapes and photos
2007-04-21 14:27:36 · answer #4 · answered by Iranian Amigo 3 · 0⤊ 0⤋
definitely not, though it is considered admissable in some respect but cannot rely on.... if that should be the case, lawsuits shall virtually hire willy nepumoceno for the purpose.
2007-04-21 13:41:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I -think- recordings without audio without consent are admissible, but not audio recordings- consent must be given.
2007-04-21 13:41:27 · answer #6 · answered by magy 6 · 0⤊ 0⤋
It depends on what State you reside in.
http://www.rcfp.org/taping/
2007-04-22 02:14:56 · answer #7 · answered by bottleblondemama 7 · 0⤊ 0⤋
I think so..... What's with the court threats, though?
2007-04-21 13:29:12 · answer #8 · answered by swelwynemma 7 · 0⤊ 0⤋
no
2007-04-21 13:31:39 · answer #9 · answered by Anonymous · 0⤊ 0⤋