How to Know If You Can Submit Recorded Messages as Evidence at Trial

Are you going to trial and the key proof you have is something that was said on a recorded message? Do you want to submit this recording as evidence in your trial? Here are a few things you need to consider when submitting recorded messages as evidence.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• audio message

How to know if you can submit recorded messages as evidence at trial

1. There is no factual proof that the voice on the recorded message is that of the person you want to identify it with. You might be able to swear to one voice as being yours, but you have no way of proving the identity of the other voice uless the other speaker will swear to it.
2. There is no way of proving that the message wasn’t altered to your benefit. The other party could suggest that you added or deleted something in the message.
3. The other party could challenge the merits of the message by stating that the words spoken in that recording were provoked by a previous unheard message or conversation, and doesn’t necessarily have anything to do with the issue you are suggesting.
4. Even though most voice message systems provide a time and date of each call, there is no way of proving that this message was heard at the time you are suggesting or under the circumstances you are alleging.

Tips & Warnings

• Since a voice message can potentially be altered with additions or deletions, the validity of its evidence is generally limited to the objection of the opposing party and to the discretion of the judge in the weight they will give to it as evidence.