Tape Recording in NY state and Illinois

[KathyNY]

Hello.  I reside in NY state but my ex-wife and our children reside in IL right now.  We are going to court for contempt at the end of this month (my ex-wife has violated the court order regarding my visitation and communication with the children).

The Tape Recording Laws I found via this site state NY does not require the consent of all parties; however, IL does require all parties to consent to the taping.  

1) Is it legal or illegal for me to tape record a phone conversation (be it either from my home phone (land line) or my cell phone)?

2) Will it depend on who is making the call?  Does the NY law apply if I am the one making the call, but the IL laws apply if I am receiving a call from my ex-wife?

3) How admissable would the recordings be in court?  

Thank you.

[socrateaser]

>1) Is it legal or illegal for me to tape record a phone
>conversation (be it either from my home phone (land line) or
>my cell phone)?

Federal law permits one party consent during an interstate phone call. So the state cannot prosecute you criminaloly because federal law preempts state law.

However, in a civil action, if a tape recording is offerred into evidence while made in violation of state law, the court could conceivably still refuse to admit it, so as to uphold the state's public policy against invasion of privacy.

You would have to go a very long appeal road to counter the judge's ruling if he/she won't allow the evidence. But, you're probably safe in making the offer.

>2) Will it depend on who is making the call?  Does the NY law
>apply if I am the one making the call, but the IL laws apply
>if I am receiving a call from my ex-wife?

Federal law preempts both.

>
>3) How admissable would the recordings be in court?  

Already answered above.