Are audio tapes admissable in small claims court?
In small claims court, it depends on the state. In some states, all parties on the tape must be aware of the recording. In other states, only one party on the tape must be aware. You will have to check the laws in your particular state. To be admissible in any state, there are other rules which often apply, such as the tape must be original and unedited, the tape must be clear enough understand well, the person who recorded the tape must be available to testify as to how the tape was obtained, and so on. Note: To the person who said it is “a constitutional violation of the right to privacy,” there is no such thing. The Constitution says nothing about a right to privacy. In response to David directly below, statements made after awareness is implied consent. A person doesn’t have to say “yes please record me” before a recording is admissible. Awareness with voluntary statements afterwards is sufficient. By the way, we both missed something. Statements made in public (a public street or
