Under Massachusetts law, you may not record a telephone call without the other person's knowledge and consent. If the plaintiff tries to introduce evidence in court which is derived from any such recording, you can file a motion asking for the evidence to be excluded on those grounds.
You should work with an attorney who knows how to frame these issues.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
I agree with Attorney Golden. Based on what you've written, the plaintiff seems to have violated the Massachusetts anti-wiretapping statute, General Laws Chapter 272, Section 99:
Not only is violation of this law a crime, it can result in civil damages in a lawsuit. I'd contact an attorney prior to your next hearing. Good luck.
No. Mass. law bars "secret" recordings, i.e. recordings made without knowledge. Recording a phone conversation is a criminal act and you can report that to the police.
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