Legal Question in Civil Litigation in California

Tape Recordings as evidence

Can a tape recording be used as evidence if the person being taped does not know there being taped? Is the tape admissible? I was taped during the exchange of my children with my ex's-girlfriend, now she is trying to use it as evidence, she was recording the exchange, when she pushed me with my son in my arms and I kicked her off of me, now there is a battery charge against me, and she says she taped it and has the events of that day on tape. Can she use it?


Asked on 1/08/04, 2:59 am

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Tape Recordings as evidence

I believe the tape of a conversation, not on the phone, is admissible.

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Answered on 1/08/04, 10:58 am
Terry A. Nelson Nelson & Lawless

Re: Tape Recordings as evidence

It may, or may not be admissible, depending on the facts. I think it can be kept out if handled correctly. It sounds like you should get a good criminal defense attorney, to represent you and defend you against the possibility of jail time. Contact me if interested.

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Answered on 1/08/04, 3:21 pm


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