Legal Question in Legal Ethics in North Dakota

Tape Recording Without Knowledge

In the case of a divorce, I was wondering if it is legal to tape record a party without their knowledge to show their natural personal self and if they admit to any truth of a subject that may later be brought up in court that they would perg theirself about? Would I need names, dates, what would make this legal if any?

Asked on 7/17/00, 12:28 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Tape Recording Without Knowledge

Clandestine in-person tape recordings are legal and admissible in court if properly substantiated.

They are a horrible PR device, however, and should be used only as a last resort, as no one likes the idea and those who do it are usually looked down upon even when they accomplish their goals.

Americans do not like sneakiness, but on the other hand sometimes that is the only way to get the information.

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Answered on 9/09/00, 10:33 am

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