Please answer my question..
Me and my husband are facing divorce. He had recoded some of my private conversations with him without my knowledge. In one conversation with my husband, i said a lie intentionally. We are having divorce in texas.
1.) Can he use that recording as a proof against me in court?
2.)How should i defend myself and tell judge that i said lie intentionally in that conversation and what i said is not the truth?
I'm not going to touch #2--I think you need to retain a lawyer if you're concerned about it. As far as #1 goes, I can't tell you whethertge judge will admit the call recording, because that depends on a number of procedural and evidentiary issues, but I can tell you this if all this happened in Texas, there's nothing illegal about him recording a phone conversation he had with you or anyone else. As long as he was a party to the conversation, that's legal and you won't get it excluded on that basis. On the other hand, there could be other issues that could justify its exclusion, and you're not too likely to know about those issues. So, again I'd suggest you go ahead and hire a lawyer if this is at all important to you.
As a general rule, any relevant and probative evidence is admissible. That would include recordings. The court may exclude particular evidence under other exceptions to the general rule.
You should check with your divorce attorney about the prospects of the recordings being admissible or being excluded under some exception. If you don't have an attorney, get one. You will really need one regardless of the recording issues.
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