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: Sam Hasler's Indiana Divorce & Family Law Blog

What About Recording Conversations?

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Tape recording conversations came up in a hearing last week in Versailles. That had been the first for a very long time. As we have seen in the past few years with Alec Baldwin and David Hasslehoff, technology has changed so much that everyone has a video camera and a tape recorder in their cell phones. I offer this bit of my research using Google. The Citizen Media Law Project's has a page for Indiana on its website which has the virtue of links to Indiana's statutes:
Indiana Recording Law | Citizen Media Law Project: "Indiana's wiretapping law is a 'one-party consent' law. Indiana makes it a crime to record a telephone conversation unless one party to the conversation consents. See Ind. Code § 35-33.5-1-5 and Ind. Code § 35-33.5-5-5. Therefore, you may record a telephone conversation if you are a party to the conversation or you get permission from one party to the conversation. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. In-person conversations do not appear to be covered by the law, but it cannot hurt to get consent before recording just in case.: "Indiana's wiretapping law is a 'one-party consent' law. Indiana makes it a crime to record a telephone conversation unless one party to the conversation consents. See Ind. Code § 35-33.5-1-5 and Ind. Code § 35-33.5-5-5. Therefore, you may record a telephone conversation if you are a party to the conversation or you get permission from one party to the conversation. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties. In-person conversations do not appear to be covered by the law, but it cannot hurt to get consent before recording just in case.

In addition to subjecting you to criminal prosecution, violating the Indiana wiretapping law can expose you to a civil lawsuit for damages by an injured party. Ind. Code § 35-33.5-5-4."


I will say three things unmentioned above. First, if you expect them to fall over themselves about the difference between the conversation and their testimony - don't. They will just say that they changed their minds. Second, remember there are two parties to a conversation - I do not think my opposing counsel has yet caught on about what my client said put a big hole in his case. Third, that there is an evidentiary foundation that must be laid before the recording goes in as evidence.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on January 19, 2009 (boomark / email).

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