recorded conversations - when can they be used?

[falsely accused]

It sounds like a recorded conversation is not admissible in court right?

But it sounds like some people use them for the Guardian attorney, any other times that they are used?   Can they be used for the psychologists?

I live in illinois.   Maybe the law varies from state to state I don't know.

[Ref]

Illinios is a two party state and it is illegal to tape someone without their consent. It is also one of the tougher states in that it is illegal to disclose information obtained through such recordings.

If you are looking to tape your ex's conversations CYA and send her a certified letter stating that you will be recording all conversations between the two of you. DH did the same and burried the sentence in a longer letter. BM had a habit of ignoring him anyway, so who knows if she read it.

He also made sure to mention fairly early in the conversations (after the recorder was on) that she is forcing him to record conversations with her.

If you don't want to go that route, you have a someone listen in to the call and transcribe the conversation. Then you could have that person testify that they overheard X. It shouldn't be a family member of someone you are dating. Make it someone from work or something like that.

My thought is the first option is best, but before you do it, talk to your lawyer and double check that this is allowable.

Good Luck,
Ref

[mistoffolees]

>Maybe the law varies from state to state


That is correct. In my state (OK), it is legal for either party in a conversation to record it - whether face to face or telephone. The only exception is that you can not record a conversation with a child.

Check with an attorney on what's acceptable in your state.

[Crockpot]

Check the Law and Litagation FAQ, it gives you a link to find your state laws.

Take care.

[lilywhite]

Recording a conversation in Illinois without consent of all parties is a class 4 felony.
(720 ILCS 5/14-1) (from Ch. 38, par. 14-1)

Sec. 14-1. Definition.

(a) Eavesdropping device.

An eavesdropping device is any device capable of being used to hear or record oral conversation or intercept, retain, or transcribe electronic communications whether such conversation or electronic communication is conducted in person, by telephone, or by any other means; ....

(b) Eavesdropper.

An eavesdropper is any person, including law enforcement officers, who is a principal, as defined in this Article, or who operates or participates in the operation of any eavesdropping device contrary to the provisions of this Article.

(c) Principal.

A principal is any person who:

(1) Knowingly employs another who illegally uses an eavesdropping device in the course of such employment; or

(2) Knowingly derives any benefit or information from the illegal use of an eavesdropping device by another; or

(3) Directs another to use an eavesdropping device illegally on his behalf.

(d) Conversation.

For the purposes of this Article, the term conversation means any oral communication between 2 or more persons regardless of whether one or more of the parties intended their communication to be of a private nature under circumstances justifying that expectation. ...

(720 ILCS 5/14-2) (from Ch. 38, par. 14-2)

Sec. 14-2. Elements of the offense; affirmative defense.

(a) A person commits eavesdropping when he:

(1) Knowingly and intentionally uses an eavesdropping device for the purpose of hearing or recording all or any part of any conversation or intercepts, retains, or transcribes electronic communication unless he does so (A) with the consent of all of the parties to such conversation or electronic communication ...; or

...

(3) Uses or divulges, except as authorized by this Article or by Article 108A or 108B of the "Code of Criminal Procedure of 1963", approved August 14, 1963, as amended, any information which he knows or reasonably should know was obtained through the use of an eavesdropping device. ...

...

(720 ILCS 5/14-4) (from Ch. 38, par. 14-4)

Sec. 14-4. Sentence.

(a) Eavesdropping, for a first offense, is a Class 4 felony and, for a second or subsequent offense, is a Class 3 felony. ...

...

(720 ILCS 5/14-6) (from Ch. 38, par. 14-6)

Sec. 14-6. Civil remedies to injured parties.

(1) Any or all parties to any conversation upon which eavesdropping is practiced contrary to this Article shall be entitled to the following remedies:

...

(b) To all actual damages against the eavesdropper or his principal or both;

(c) To any punitive damages which may be awarded by the court or by a jury; ....