Can someone record your conversation without you knowing and then present it in court in small claims hearing?

Asked over 1 year ago - Jacksonville, FL

This is in regards to a small claim suit and counter suit argument. The other party said they have a little hand held voice recorder and that they had secretly recorded a couple of our conversations with out me knowing it and that they are going to bring it to court and play them in order to hurt me and my case and of course help there cause supposedly. I can not say exactly what exactly was said or whether or not it will hurt me but I can only imagine if I said something that would come out in the wrong light. Regardless I had no idea I was being recorded and do not like the fact they did this. I thought I have heard there are rules of when and how someone can be recorded & presented in court. Is it legal to record someones conversation in person without their knowledge & consent?

Attorney answers (2)

  1. Earl Kenneth Mallory

    Pro

    Contributor Level 16

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    Lawyers agree

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    Answered . In Florida, all parties to an oral conversation must affirmatively agree to any recording of the conversation. Recording without such consent is a crime. Such recordings are not admissible in a civil court proceeding.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekm@mallorylawgroup.com (561)743-3708.

  2. Eugene P. Castagliuolo

    Contributor Level 16

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    Lawyer agrees

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    Answered . Get a lawyer so you can competently counterclaim against your adversary for violating Florida's wiretap statute, which last time I looked carries statutory damages of $1,000 per incident.

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