Am I Entitled To Copy of Recorded Conversation

[The Debt Star]

Re: Am I Entitled To Copy of Recorded Conversation

many moons ago I did a mini-pupillage when a student and sat behind counsel on a domestic injunction. the wife (the applicant) had hidden a tape recorder in her handbag and recorded the husband (defendant) nagging her incessantly. the circuit judge permitted the recording in court and, based on this, granted an injunction to the wife and the husband was banned from the home. of course that was a civil case. so in my experience tape recordings can and are used in civil court proceedings and I suspect they cabe in criminal cases too.

[WendyB]

Re: Am I Entitled To Copy of Recorded Conversation

But presumably as evidence for the prosecution, not the defence?

In order for her to use the tapes in court, would she not have to bring a claim first? If the OP brought a case against her, in order to use the tapes, would she not have to bring a counter claim? Or at least, ould there not have to be some claim against the OP? Or criminal charges brought?

[bh486]

Re: Am I Entitled To Copy of Recorded Conversation

What I DO know about civil cases of that nature is that if a lawyer were to submit evidence of a covert recording of someone other than his client, he could be accused of criminal behaviour and professional misconduct, even if the Judge made the decision (and it would be his decision) to allow it to be admitted as evidence.

There's plenty of testimony to this on the net.

[Garlok]

Re: Am I Entitled To Copy of Recorded Conversation

However should a case be brought against the OP would she not be entitled to a transcript of any and all tape recorded conversations? Surely this falls under the practice direction rules and more seriously Civil Procedure Rules 31.14-18 et al?

You cannot defend against something you know nothing about.

regards
Garlok

[Caspar]

Re: Am I Entitled To Copy of Recorded Conversation

They would be entitled to a transcript under these circumstances I imagine, but that would have to be once the trial had started, as with a personal recording only the judge can allow the recording to admissable as evidence.

[Garlok]

Re: Am I Entitled To Copy of Recorded Conversation

Thanks Casp,

But if these are being presented as de facto evidence on which the action is being brought then the CPR must stand. If as you say a trial must be going ahead and it is the judges decision as to whether they be allowed in evidence, how can you possibly defend such an action?

Just imagine what the banks and dCAs would get up to if this was allowed. Would you in those circumstances have to ask for an adjournment of some condiserable length so that you or you and your legal team could consider such de facto (if it is) evidence?

regards
Garlok.