Can I Legally Record a Conversation Between Me and Someone Else

My question involves defamation in the state of: oregon

Depends.

How are you recording it?

I am not recording it. but I was wondering if it was legal to record a two way conversation between myself and someone else without their knowlege. reason being is to prepare for a worse case scenario where i would have to go to court. If recordings were admisseable it would really show the help my case - this is not criminal related. It is regarding contempt of court and dishonored contract

This is not a defamation question. In any case, Oregon requires the consent of ALL PARTIES to the conversation just like Florida. Otherwise the recording is illegal and you don't have a chance in hell of having it admitted in any court in Oregon. You could also face criminal prosecution if law enforcement wanted to make a point. You will have to prove your case in some other way.

Oregon is not a two party state so you would not be violating any laws by recording the conversation without the other person's knowledge. Whether that recording would be admissible in court is an entirely different issue - just because the recording was made legally does not automatically make it admissable.

I did read sonewhere that although it is not illegal to record a conversation without the others consent, both parties had to be made aware of the fact the recording was being made. Are you sure about this? Where can I find the actual statute or "law" regarding this issue. I have tried to locate the information on the web at gov sites, but I have been unable to find difinitive language that I can interpret besides reading that oregon is a one party consent state. Just out of curiosity: how do you know this. are you a lawyer?. I have a friend who works for government authority and he tells me the exact opposite of what you are sayin. What is it that you do? can you direct me to proof? Just want to be sure.

No offense, but your friend is clueless about the issue. I'm actually curious as to what he told you.

There are, quite literally, hundreds of websites out there confirming that Oregon is a "one party" state, meaning that as long as one party is aware the conversation is being recorded, recording the conversation is legal. As cbg indicated however, this does not necessarily make the recording admissible as evidence.

Happy Googling!

hmmmm.....well here is a sample of what I found on the net. I have copied and pasted it. Strange because one line says it is illegal and the next it says it is not...How do I interpret this. It would seem to me that it would be an invasion of privacy for someone to record my conversation, and play it back to others without my consent if I expected the conversation was private..very confusing to me. should have gone to law school. I see contradicting info many places.

My buddy: wouldnt call him clueless; maybe misinformed, the guy has authored published books, works for the FBI, is a proffesor at our local college, and has his masters in psychology...clueless is hardly the word to describe the guy...misinformed would be a more tactful word.

Unless one is a party to the conversation or has received consent from one of the parties, it is illegal to obtain any part of a telecommunication or a radio communication. Or. Rev. Stat. § 165.540(1)(a). It is illegal to tamper with telephone wires unless one is a party to the conversation. Or. Rev. Stat. § 165.540(1)(b). One cannot use a device to record a conversation unless all parties of the conversation are informed. Or. Rev. Stat. § 165.540(1)(c). It is also illegal for a party to obtain, divulge, or use a conversation knowing it was obtained illegally by someone else. Or. Rev. Stat. § 165.540(1)(d),(e).

To record a conversation with an unconcealed recording device, all parties to the conversation must either know or reasonably expect that the conversation is being taped. Or. Rev. Stat. § 165.540(6)(c).

The state’s highest court has held that taping of a telephone conversation with one party’s consent was not illegal under the statutes. State v. Lissy, 747 P.2d 345 (Or. 1987).

Lissy was a criminal case I beleive so it may have fell under seperate guidelines, who knows. Was the 1987 statute in state versus lissy before or after statute165.540(1)(c

Okay, I'll spell it out for you.

If you and John are having a conversation, you can record it without John's knowledge because you are a party to the conversation.

If John and Jim are having a conversation, you cannot record it without John's or Jim's knowledge because you are not a party to the conversation.

It really is that simple.

is it legal to also then play a a recorded conversation back to others with only the recorders consent to do so and not the recordee? ...how can i prevent myself from being recorded? are there any laws protecting my privacy when it comes to a "private" phone conversation?

It really depends. I'm not being obtuse - truly, I'm not.

But you're being so very vague - there could well be circumstances in which there is an expectation of privacy even if you've consented to the phone call being recorded.

Can you give us details?

well between me and my sons mother there is a lot of fighting because we have split custody. we have a parental agreement which is just as vague as I am being here on this chat forum, however there are two specific things we did agree on and sign for which she blatantly dishonors on a weekly basis: one is the facilitating of phone contact between my son and myself while he is at her house, the other is regarding the specific times which she is supposed to be available for transitions between households. There are many phone conversations during which she both acknowleges and blatantly dishonors the custody agreement as well as other agreements we have made since because she would rather; go to a party; go to the mall with her girlfriends; help friends move ( one friend she helped "move" for almost two months) instead of take her son on the days she agreed to in the custody agreement. aside from these things which I have mentioned, there are other things which com up in our phone conversations which I wish to god a judge in a court of law could hear - their jaw would drop. I basically want to prepare myself with evidence of her abuse of our agreement, as well as the law if and when the time comes.

I really would like to record and use the recordings to show a judge or other authority of the goings on with regard to her behavior. my question is can I do this?

Yes, but I'll give you a heads up here.

Don't plan on the court being impressed with several months' worth of recordings. If there's something amiss, you need to act upon it AT THAT TIME. It comes across as sneaky and vindictive when one parent "saves" evidence to present all at once - if the parent was genuinely concerned, s/he would do the right thing.

It also depends on what EXACTLY your custody order says....is Mom actually in contempt here?