CA Penal Code 632 sets forth that all parties must be notified that a conversation is to be recorded.

I have a person whom I'd like to assist in a proceeding, possibly, given the situation is correct.

I live in a different state, Texas, which is not a dual consent state.

Am I correct in thinking that I can record a phone call with a California resident, while I'm located in Texas? The product of which would eventually be used in a California court if all goes well.

EDIT for better context:

1 - The phone call would be made from Texas, by a Texas resident;

2 - The phone call would be made to the wife of a family member (who both live and are married in California);

3 - The recording would be given to the husband's attorney, who would then try the divorce/custody case in the State of California with the recording as evidence (if admissible, granted I'm not stepping on any laws)

I'm not concerned that I'd get in trouble as a Texas resident. I'm concerned about admissibility in California Family Courts.

1 Answer 1



If you are in Texas and they are in California then you must comply with both state’s laws. The collection is illegal under California law and illegally collected evidence is inadmissible.

  • Would it be legal to inform the callee that he is in Texas and that they agree to abide by Texas’s laws?
    – Viktor
    Dec 17, 2018 at 1:21
  • @Victor you can't agree with someone that certain laws don't apply (unless the law says you can). You can agree for example, that Texas law will apply to a contract but that is only for the interpretation of that contract - any obligations you have under Californian, Pakistani or Uzbek law still apply.
    – Dale M
    Dec 17, 2018 at 3:27
  • I'd be interested to see how this relates to situations where you do not know where the other person is located - eg a caller with a withheld number.
    – user4210
    Apr 15, 2019 at 23:20
  • That isn't true. He only has to comply with Texas law while in Texas.
    – Putvi
    Apr 15, 2019 at 23:46
  • He has to comply with California law while calling California. See Kearney v. Salomon Smith Barney, Inc.
    – user6726
    Apr 16, 2019 at 0:07

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