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Thread: Are recordings admissible in court in Utah

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    Default Are recordings admissible in court in Utah

    I am going to attempt to take a business to small claims court in Utah and I have a recorded conversation that I recorded without their knowledge, is this recording admissible in court?

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    Question Das ist in der Doktor!

    Quote Originally Posted by federal law? View Post
    I am going to attempt to take a business to small claims court in Utah and I have a recorded conversation that I recorded without their knowledge, is this recording admissible in court?
    In Utah, an individual legally can record or disclose the contents of any wire, oral or electronic communication to which he is a party, or when at least one participant has consented to the recording, unless the person has a criminal or tortuous purpose in making the recording. Utah Code Ann. § 77-23a-4.
    Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Utah Code Ann. § 77-23a-3.
    Unlawful interception of communication, including disclosure of the contents of a communication with reason to know of the illegal origin, is a felony—except that when the communication consists of the radio portion of a cellular telephone call, it is a misdemeanor. Civil liability for unlawful interception can include the greater of actual damages, mandatory damages ranging from $50 to $1,000, depending on whether it is a first or subsequent offense, $100 per day of violation, or $10,000. Equitable or declarative relief is also available under the statute. Civil actions are governed by a two-year statute of limitations. Utah Code Ann. § 77-23a-11.
    Installing a hidden camera or audio recorder to tape a person in a “private place” without consent is a misdemeanor. Utah Code Ann. § 76-9-402. A “private place” is a place where one may reasonably expect to be safe from intrusion or surveillance. Utah Code Ann. §76-9-401.


    If any further clarifications are needed,
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