Skip to main content

Can a recorded phone conv. be used in a Family Law case without the other person knowing they were recorded?

Mesa, AZ |

I currently live in WI, my ex lives in AZ. He recorded our conversation without my knowledge of it being recorded. He transcribed the recording and put it into his response to my Petition for Modification of Child Custody as evidence against me. There is a lot of the conversation that took place that were not included in his transcribing of the recording. Is his recording of our conversation and his own transcribe of the recording legal and what can I do or what am I able to do?

Attorney Answers 2


Attorney Hopkins provided you with an outstanding answer. Each state has different laws regarding recordings of conversations, in AZ you can do so, what you an do is ask for the full tape so that nothing is taken out of context. then transcribe it yourself or ask for a full copy of the transcription to ptotect yourself.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

Mark as helpful

7 found this helpful

1 lawyer agrees


If your ex was in Arizona when the phone conversation occurred, then your ex recorded and transcribed it legally. Your ex did not need your consent to make the recording.

You or your attorney could demand that your ex or your ex's attorney disclose the full audio recording so you may obtain a copy and have the entire recording transcribed. If your ex or your ex's attorney refuses to let you obtain a copy of the recording, then you or your attorney could file a motion asking the court to compel your ex to disclose a copy of the full recording.

Mark as helpful

1 found this helpful




ex did transcribe , but not from start to finish. What is a "legal" transcription?

Edward C. Hopkins Jr.

Edward C. Hopkins Jr.


Your ex could swear in an affidavit that your statements were accurately recorded in the transcription. You could challenge the transcription's accuracy on the grounds that you (1) have reasons to doubt its accuracy and (2) you have not been able to determine its accuracy because you have not listened to the recording. You could also challenge the transcription on the ground that it is an incomplete excerpt from a recorded conversation, the entirety of which the court would need to examine in order to determine its relevance and reliability. These are evidentiary challenges involving the best evidence rules, completeness rule, and relevance rules.



Thank you, the work involved and questions that may and can be raised about the recording are numerous. The real point is not what was said, but how the Court evaluates what was said.

Professional ethics topics

Recommended articles about Professional ethics

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics