are recorded phone messages admissable in court?

are recorded phone messages admissable in court?

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My exes atty left me a message that I would like to admit into court evidence in our child custody matter. Is it allowable to do so in California? I believe that when the mesage was left, it was obvious it was recorded. I know that any phone conversations need to have the parties involved acknowledge being recorded unless there is a court order to do so without notification. Did the knowledge of being recorded waive both parties acknowledgement?


  1. It is only admissible if the person leaving the message knows they are being recorded. It sounds like this guy did so it is admissible.

  2. Yes they are. It also depends on certain jurisdiction and the discretion of the court.

  3. It could be argued that leaving a message on an answering machine or another type of voicemail system is at the very least tacit acknowledgment that you are being recorded and that the person who has the machine or voicemail system also gives that acknowledgment. You know, considering that’s exactly what this technology is for.

  4. If one leaves a message on the answering machine, that person is aware that it’s being recorded. You probably can use it in court. It sounds legal to me…

  5. The only recordings which are inadmissible due to the recording are those of statements which are intended to be confidential. No statement left on a machine could be intended to be confidential. However, out of court statements are not generally admissible, and statements made by an attorney, rather than a party, are not generally relevant. So you may have trouble getting it in, anyway.

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