How to enter tape recordings into evidence

Asked over 2 years ago - Miami, FL

i have a domestic violence hearing next week and i want to show the judge the voice messages my ex husband has been leaving me at home and on my cell phone. they are all in spanish. what is the proper way to get the judge to hear the recordings? can i just play them? do i need a translated transcript? do i need to get permission before the hearing to have hem heard? can my ex's attorney stop me from playing them?

Attorney answers (2)

  1. Aldo Bolliger

    Contributor Level 12


    Lawyers agree

    Answered . Because your ex husband knowingly left these messages on your voicemail, which is obviously a recording bringing them into court for an evidentiary hearing is appropriate. First, if they are important I would make a copy of all of the voicemails and save them to disk so that you can give a copy to the Court and to opposing cousel as well. Next, I would either drop a copy of the disk off with a court reporter that also translates and have them translate and transcribe the various messages, or you can bring a translator right to the hearing wit hyou to translate the voice messages. The Miami Dade County court's website has phone numbers and information on court certified interpreters and I think that if you utilize the court's interpreter services charges may be reduced or even free. Good Luck.

    Disclaimer: This response is based solely upon the limited information provided in your question; additional facts... more
  2. Howard J Pobiner


    Contributor Level 12

    Answered . You need to notify the Court right away that you need a translator. To get a recording into evidence you need to lay a proper foundation including the date and time of the recording, that you recognize the voice depicted as the voice of your spouse. You also need to tell the judge why the messages are relevant to the proceeding. Your spouse's attorney will do his best to keep the tapes out of evidence.

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