Under what cirumstances can a digital recording be used in a court?

UPDATED: May 19, 2012

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Under what cirumstances can a digital recording be used in a court?

I recently had a phone conversation on speaker phone that I recorded on my cell phone. I strongly believe that I am being discriminated against based on her comments. I live in one state and she is located in another.

Asked on May 19, 2012 under Employment Labor Law, Maryland


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you live in Maryland and was that where the recording took place?  Maryland is what is known as a teo party state.  That menas that  all parties to the conversation must have knowledge and give consent. In all two party recordings of telephone conversations for evidentiary use, an audible notification "beep" must be provided every 15 seconds to make all parties aware that a recording is taking place.  I would also consult with a trial attorney in your area to understand how the recording may be used.  Good luck.

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