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The Watercooler
Picking your brains...what would YOU do?
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<blockquote data-quote="witzend" data-source="post: 562337" data-attributes="member: 99"><p>Yes, I know this about recording. Getting it into evidence when one party has objected is NOT going to be allowed. This I know from personal experience with recordings in a "one party" state. She probably wouldn't even get it in if she didn't inform and the second party hadn't had a chance to object. Judges just plain don't like it because it is too easy to manipulate the recording and they don't trust non-court recognized experts.</p><p></p><p>The ABSOLUTE BEST she could expect from a recording is this - Her attorney asks him a question on the stand and he remembers it differently than she does - or differently than her possibly doctored tape will show. After he answers, her lawyer says, (This is the absolute only question the lawyer can ask that will get past his lawyer's objection, I promise you) "<strong>My client thought that you might not remember the conversation in question, so she recorded it. If I played that recording for you <em>is it possible that you might testify differently?</em>"</strong></p><p></p><p>At which point he can still say "No, I stand by my testimony." Then her lawyer has to authenticate the tapes to the satisfaction of the judge, which is about .05% likely will happen, and she has to allow his lawyer to listen to <em>all</em> of the tapes for preparation of cross examination. That's going to delay the hearing for several weeks immediately in the middle of the hearing. Not going to happen.</p><p></p><p>MWM asked for my opinion, and I'm giving it. I paid for it, I lived through it, and it's <u>absolutely</u> legally valid. She'll never get a tape in, and he should shut her down by telling her he won't communicate with her if it's recorded.</p></blockquote><p></p>
[QUOTE="witzend, post: 562337, member: 99"] Yes, I know this about recording. Getting it into evidence when one party has objected is NOT going to be allowed. This I know from personal experience with recordings in a "one party" state. She probably wouldn't even get it in if she didn't inform and the second party hadn't had a chance to object. Judges just plain don't like it because it is too easy to manipulate the recording and they don't trust non-court recognized experts. The ABSOLUTE BEST she could expect from a recording is this - Her attorney asks him a question on the stand and he remembers it differently than she does - or differently than her possibly doctored tape will show. After he answers, her lawyer says, (This is the absolute only question the lawyer can ask that will get past his lawyer's objection, I promise you) "[B]My client thought that you might not remember the conversation in question, so she recorded it. If I played that recording for you [I]is it possible that you might testify differently?[/I]"[/B] At which point he can still say "No, I stand by my testimony." Then her lawyer has to authenticate the tapes to the satisfaction of the judge, which is about .05% likely will happen, and she has to allow his lawyer to listen to [I]all[/I] of the tapes for preparation of cross examination. That's going to delay the hearing for several weeks immediately in the middle of the hearing. Not going to happen. MWM asked for my opinion, and I'm giving it. I paid for it, I lived through it, and it's [U]absolutely[/U] legally valid. She'll never get a tape in, and he should shut her down by telling her he won't communicate with her if it's recorded. [/QUOTE]
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Picking your brains...what would YOU do?
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