Abuse Using Technology

Whether or not a recording can be used in court may likely depend on whether the recording was made in line with your state’s laws regarding consent for recordings. Generally, evidence gathered illegally cannot be entered “into the record” in court. But, even if you have recordings that were legally created, whether you can use them in court will still depend on your state’s rules of evidence. So, for example, you may have to prove the truthfulness (authenticity) of the recording to the judge and convince the judge whose voice or image is in the recording.

Another possible challenge with getting a recording admitted into evidence is that the recording may be considered hearsay. Hearsay is basically an inadmissible out-of-court statement. There are several exceptions to the hearsay rule, one of which could be used to allow a recording to come into evidence. You can read more about hearsay and the exceptions to hearsay in our Preparing for Court – By Yourself section. 

After considered these factors and others, the judge will decide whether it is appropriate under your state’s rules of evidence to allow the recording to be accepted (“admitted”) as evidence. It may be helpful to speak with a lawyer in your state. A lawyer can give you advice about whether recordings that you think are important to your case might be allowed into the court hearing. The lawyer can also advise on how to object to recordings that the abuser may try to enter into evidence in court.