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Can You Use Secret Recordings in Court

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  • 10-03-2017, 07:02 PM
    linenoise
    Can You Use Secret Recordings in Court
    My question involves landlord-tenant law in the State of: New York City, Manhattan

    Can recordings can be used in landlord tenant court if it's the tenant showing he/she has proof of the landlord lying to the court? thx
  • 10-03-2017, 09:49 PM
    adjusterjack
    Re: Recordings
    Quote:

    Quoting linenoise
    View Post
    My question involves landlord-tenant law in the State of: New York City, Manhattan

    Can recordings can be used in landlord tenant court

    Yes.

    NY is a one party consent state. You may legally record a telephone conversation to which you are a party without the consent of the other party and the recording can be used as evidence in court regardless of the reason.
  • 10-03-2017, 09:56 PM
    Taxing Matters
    Re: Recordings
    Quote:

    Quoting adjusterjack
    View Post
    Yes.

    NY is a one party consent state. You may legally record a telephone conversation to which you are a party without the consent of the other party and the recording can be used as evidence in court regardless of the reason.

    The bolded part is not correct. Just because the recording was made legally does not automatically make it admissible in court. The person wishing to use the recording must still make sure that it qualifies for admission under the rules of evidence or limits the use of the recording for impeachment of the witness only.
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