Recording a Person Without Them Knowing About it
My question involves criminal law for the state of: Colorado
I was recorded by a third party to a case, not the person who is filing the case against the defendant. In my research I think it states that the person who is actually filing the case, must either be the one recording me without my knowledge or be there, and both were not done. It was this persons Mother who tricked me into coming to meet her at a coffeeplace and peppered me with questions to which I do not even recall now, I have MS, it affects my memory very badly, I have other diseases as well. I am being told they are filing to have me testify that I know what I said on the recording is true, which in fact I do not even recall the conversation itself already and again is it even legal for a person not involved in the court case beyond being the mother of the son record me without my knowledge and use that?
Having MS any stress causes it to flare and become sick. The idea of being served to come to a court over a case I have no part of but some think I know things I honestly cant not recall is stressing me very badly. So my question is can they have me served and second, can a tape recording from someone not a part of the case be used and lastly can my Dr write a letter to the court stating not only is my memory unreliable but the stress of going to a case I have no part of is and can cause a flare so bad I could end up in the hospital. Would that matter to a judge?
Thank you for your time and help.
Re: Colorado Law on Recording a Person Without Them Knowing
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is it even legal for a person not involved in the court case beyond being the mother of the son record me without my knowledge and use that?
The recording of a conversation between two people has absolutely nothing to do with who the parties to the case are.
Colorado Revised Statute 18-9-304 allows a party to a conversation to record that conversation without the consent or knowledge of the other party.
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The idea of being served to come to a court over a case I have no part of but some think I know things I honestly cant not recall is stressing me very badly. So my question is can they have me served
Yes. You can be served with a subpoena to testify in somebody else's case. And you would be in contempt of court if you didn't obey the subpoena.
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can a tape recording from someone not a part of the case be used
Yes. There would be some procedural requirements but the end result is that, yes, it can be used in court.
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can my Dr write a letter to the court stating not only is my memory unreliable but the stress of going to a case I have no part of is and can cause a flare so bad I could end up in the hospital. Would that matter to a judge?
Not a bit.
Because that's not the proper procedure and the judge would not act on a letter.
You would have to file a motion to quash the subpoena, stating your reasons for asking. There would likely be a hearing at which time you would testify as to why the subpoena should be quashed. If your medical condition was an issue your doctor would have to come to court to testify to support his letter. The need for the two of you to testify is because the party who served the subpoena has the legal right to question both of you in an effort to rebut your reasons for asking that the subpoena be quashed.