QUESTION

Is it illegal to record a phone call, if for personal use/reference only?

Asked on May 06th, 2014 on Litigation - California
More details to this question:
I live in California, I am aware that it is a two party state, as far as phone recordings go. But, if for just my own use/ reference, can I record a phone call without disclosing that to the other person? Is it admissible in court? What exactly are my rights as far as recording phone calls for use in court so that they won't dismiss the recordings as non useable evidence?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Recording any conversation without notice to the other side and their consent or their implied consent when they don't hang up after being so notified, is a crime. The judge will refuse to hear it. The judge will not let anyone mention it, even indirectly. If anything nis said about it in front of the jury, the warning the judge gives to the jury is likely to be so severe that you will feel you have lost the case. The judge can order a mistrial and require you to pay the other side's attorneys fees for trial days wasted as a result of the disclosure to the jury that there was an illegal recording. There are numerous issues in every trial where the judge's impmression and belief in who is telling the truth is crucial to the judge's decision. If the judge knows that you illegally recorded a conversation, it will ruin the credibility of both you and your attorney. On all the close motioins, expect to lose them. If you record conversations in order to confirm or correct your memory of them, keep the recordings utterly and totally secret from everyone except your attorney. At least you and your attorney will be able to determine what was actually said, as distinguished from what you remember and the other side claims. But you will never be allowed to use them to prove anything. On the otherhand, if the other side learns of their existence, they are entitled to copies and to use them against you. Yes, the worst of both worlds gets heaped upon you. Don't do it. It's too dangerous and not worth it. Dana Sack 510-286-2200  
Answered on May 07th, 2014 at 1:29 PM

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