Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?
<p>Hypothetically, let's say someone is involved in a case that was originally filed in a NJ state court. The case was moved to a NJ federal court, and then transferred to a FLA federal court (after a motion to do so was accepted).</p>
<p>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).</p>
<p>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?</p>

<h2>The court doesn't matter</h2>

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

<p>Since the matter was transferred to Florida, I assume that Florida law is applicable.</p>

<h2>Was the recording unlawful?</h2>

<p>What matters is where the parties were when the recording was made.</p>

<p>If you recorded a person in Florida without getting their consent then you have committed a crime under Florida <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0900-0999/0934/Sections/0934.03.html" rel="nofollow noreferrer">law</a>. 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 <em>might</em> apply to the exclusion of Florida law which would make the recording legal.</p>

<h2><a href="http://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/393/vol3_no3_art9.pdf?sequence=1" rel="nofollow noreferrer">Illegally</a> obtained evidence is inadmissible</h2>

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

evidence jurisdiction recording rules-of-evidence