Can some tape an argument u had with them without your consent, and use it as evidence in a restraining order court in Maryland?

Asked about 1 year ago - Bowie, MD

Can that person be sued for this if its allowed as evidence because Maryland has a two consent party law.

Attorney answers (2)

  1. David Raymond Mahood

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Be sure to object to the admission of the tape recording as evidence in the Protection Order court proceeding. DURING YOUR OBJECTION IN THE COURT PROCEEDING, explain that this tape recording violates the law and cite to Maryland Courts And Judicial Proceedings section 10-402 and especially section 10-404. You must cite to this Maryland law. If you do not cite to this Maryland law during your voiced objection, then on appeal you might have difficulty proving why your objection should invalidate the admission of this tape recording as evidence. You should also have a motion to present In Limine. Before the proceedings start, tell the judge you wish to present a Motion In Limine, and then present the motion before the proceedings start, with your written reasons why the tape recording should not be admitted into evidence. Better yet, consult with an attorney, and have an attorney handle your court proceeding on your behalf with you at his side. Call me if you need further advice.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/... more
  2. Matthew Steven Farr

    Contributor Level 7

    Answered . I would immediately contact a lawyer (in person) to discuss this. Maryland has a very detailed "wiretap" statute governing conversations taped without consent.

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