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Hypothetically, let's say someone is involved in a case that was originally filed in a NJ court. The case was then transferred to FLA (after a motion to do so was accepted).

If they have recorded calls in which involved people with knowledge of events state certain things that would support the case, can these calls be used in court? If it now appears that a recorded party is going to state things that are false and contradictory to what they said before in either written or oral statements (potentially via threat from their current employer or an ex-employer).

Will one be able to use NJ 1-party-state recorded phone calls as evidence in the case that has now been moved to FLA, which is a 2-party-state? Is there any different application of this when it comes to using them in depositions as opposed to during a courtroom trial?

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    When you say you are going to use them in depositions, I assume you mean you are going to play them to someone being deposed. Is that right? – Just a guy Nov 26 '19 at 12:48
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    One last question: From what you've written, I assume the call was from someone in NJ to someone in NJ. Is this right? – Just a guy Nov 26 '19 at 16:52
  • @Justaguy My question about depositions is 'can recordings be used in them,' yes, to ask a question of the person being deposed and play the recording of them when their answer contradicts what they said on the call. – Sizzle Nov 26 '19 at 16:53
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    Is this case in a state court, or a federal court? That might make a big difference! – Just a guy Nov 29 '19 at 22:03
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    You say your case was originally filed in a NJ Court. This means it was originally filed in a NJ state court. Is that right? Was the case originally filed in a NJ state Court, or was it originally filed in a Federal Court in NJ? – Just a guy Nov 30 '19 at 5:55
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The court doesn't matter

The location of the court that will hear the matter is irrelevant. What matters is the applicable law.

Since the matter was transferred to Florida, I assume that Florida law is applicable.

Was the recording unlawful?

What matters is where the parties were when the recording was made.

If you recorded a person in Florida without getting their consent then you have committed a crime under Florida law. If all the parties were in one-party consent states then you haven't committed a crime. If you were in a state other then Florida, then Federal law might apply to the exclusion of Florida law which would make the recording legal.

Illegally obtained evidence is inadmissible

In Florida, evidence that has been obtained illegally is inadmissible in either a criminal or civil trial.

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  • Thanks for the answer...but I am confused by some of it. Are you saying that making a recording from a 1-party state is illegal if the other person is in a 2-party state? Does the 1-party designation only apply if both parties are in a 1-party state? Meaning someone in NJ can only record a conversation of someone else in NJ or another 1-party state? – Sizzle Nov 26 '19 at 3:22
  • Also does Federal Court vs State Court make a difference? – Sizzle Nov 26 '19 at 4:39
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    @Sizzle yes- you have to comply with the law in all applicable jurisdictions – Dale M Nov 26 '19 at 5:33

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