Google Answers Logo
View Question
 
Q: Use of Audio Recordings in Civil Lawsuits. ( No Answer,   2 Comments )
Question  
Subject: Use of Audio Recordings in Civil Lawsuits.
Category: Relationships and Society > Law
Asked by: localhost-ga
List Price: $5.00
Posted: 30 Jul 2005 07:47 PDT
Expires: 29 Aug 2005 07:47 PDT
Question ID: 549770
In a criminal lawsuit, there are a lot of rules about when an audio
recording can be used against someone.

But what about civil procedings.  If Mr. X sues Mr. Y or vice versa
and one attempts to use an audio recording at the hearing.  What
requirements must he meet to do that?  Where would one find an
authoritative set of rules governing this?

Request for Question Clarification by justaskscott-ga on 30 Jul 2005 09:55 PDT
Who is on the recording (Mr. X, Mr. Y, and/or someone else)?

Was the recording made secretly or openly?

What would be the purpose of the recording in the civil lawsuit?

In what state is the civil lawsuit occurring?

Clarification of Question by localhost-ga on 30 Jul 2005 12:11 PDT
Really, I'd mostly like a resource (a link, for instance) that has
general guidelines for all scenarios.  But let's say both X and Y and
nobody else are in the recording.  If someone else is in the
recording, does that matter?

I would also like actual guidelines (where to find these is fine) for
what level of secrecy, if any, is permitted.  But if we want a
specific scenario, let's say it was X that made the recording of a
face-to-face (initially friendly) business meeting between him and Y
because he wanted to remember parts of the conversation.  No
intentional secrecy, but saw no real reason to warn Y that he was
recording because he was expected to remember the conversation anyway.
 Y sues X later and X testifies that Y said something that Y would
rather deny saying or rather remember it in a different way.  X wants
to use the recording to back up his testimony.

Let's hear about Ohio.

Basically, we hear about rights of suspected criminals and
incriminating recordings, but don't often hear about civil lawsuits. 
I've heard people play answering machine messages before, but they
knew they were being recorded.  I want to find a place that has
guidelines/precedent for civil procedings.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Use of Audio Recordings in Civil Lawsuits.
From: ilmag-ga on 05 Aug 2005 08:51 PDT
 
See the Federal Rules of Evidence in the link below:

http://straylight.law.cornell.edu/rules/fre/rules.htm
Subject: Re: Use of Audio Recordings in Civil Lawsuits.
From: ilmag-ga on 05 Aug 2005 08:53 PDT
 
See above comment.  Link is for a general idea.

For Ohio specifically see the following:

http://www.sconet.state.oh.us/Rules/evidence/default.asp#aix

I have not compared, but the two are likely very similar.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy