QUESTION

Can I use phone recordings made to another state in small claims court in my state?

Asked on Mar 25th, 2016 on Personal Injury - Wisconsin
More details to this question:
I purchased and had installed a product from a HVAC company. The product didn't perform it's purpose. I called the manufacturer of the product in another state and was told that product won't work with our system. The local HVAC dealer won't give us a refund. I recorded the phone conversation between myself and the manufacturer when they told me the product will not work with our system. Can I use that recording in small claims court? States are both one party consent states but one has a statute that recordings can't be used in their state’s civil courts unless you told the party you were recording and may use the recording in a court of law. State statute doesn't state the recording can't be used in civil trials in other states. At the beginning of the manufacturer's call, it gives a disclaimer that the calls may be recorded. So, both the manufacturer in another state and myself here recorded the call. Can I use that recording to help my small claims case?
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1 ANSWER

I don't have a certain answer for you. My understanding was that a telephone call within Wisconsin could be recorded by one party but the contents could be used only in court, to impeach a witness who was lying about the contents of the call. Researching the question would be interesting, but I don't think this site intends to require lawyers to do 3 or 4 hours of research. This best I can advise with any certainty is that you should call a criminal defense lawyer in your locality.
Answered on May 02nd, 2016 at 7:29 AM

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