Small Claims Call Recording Evidence

MasterOfNone

The key communications are not WP, including early settlement I offered that was rejected.

The failed settlement communications later are WPSAC so that I can show after hearing at costs.

As for the recording, would you think it is a good practice to serve a copy to the Defendant at disclosure?

Since we are both parties in the conversation I understand they can have a copy so they cannot later deny.

waamo

You can't hijack anyone in court. If you plan to use something the other side must know about it.

MasterOfNone

waamo wrote: »

You can't hijack anyone in court. If you plan to use something the other side must know about it.

They already know about its existence, they just ignore it.

The question was whether a good practice to provide the actual file to them at disclosure, which I intended to do anyway.

waamo

MasterOfNone wrote: »

They already know about its existence, they just ignore it.

The question was whether a good practice to provide the actual file to them at disclosure, which I intended to do anyway.

They have to be able to rebut it. Merely knowing of its existence isn't good enough. They need to hear the actual file you intend to use. The opposition need to have in front of them exactly what you have.

If they don't see it you can't use it.

MasterOfNone

I guess this is a fine point I should make simpler.

The conversation is transcribed and provided to the other side already.

I don't want to "file" the recording in Court, just the transcript signed by statement of truth. But serve the audio as evidence to the other side since we are both parties of the discussion.

If they deny the veracity of the transcript in Court then I will argue they have a copy of the file and show proof of serving.

hollydays

A lot of people claim to have recordings of significant things, and are lying.
They probably don't believe you?
Is it worth asking them if they'd like to visit you and listen to it, before you commence court proceeedings.

waamo

MasterOfNone wrote: »

I guess this is a fine point I should make simpler.

The conversation is transcribed and provided to the other side already.

I don't want to "file" the recording in Court, just the transcript signed by statement of truth. But serve the audio as evidence to the other side since we are both parties of the discussion.

If they deny the veracity of the transcript in Court then I will argue they have a copy of the file and show proof of serving.

A good rule of thumb is the opposition have to have exactly what you have. I mean just that, exactly what you have.

If you want to use something they must have an identical version in the same format so much so that if you were to swap bundles you could carry on as if it were your own.

The same applies to the judges bundle too. If you want to play anything such as a video or audio you may also have to provide equipment too.

MasterOfNone

hollydays wrote: »

A lot of people claim to have recordings of significant things, and are lying.
They probably don't believe you?
Is it worth asking them if they'd like to visit you and listen to it, before you commence court proceeedings.

Perhaps the timeline above was unclear, as we are already involved in proceedings with the other side for a while.

I am not sure they would be happy to visit my place to listen to the recording. Are you suggesting this because it is better not to send the file?

Settlement proposals have been rejected in WPSAC. They don't want to pay a penny.

waamo

MasterOfNone wrote: »

Perhaps the timeline above was unclear, as we are already involved in proceedings with the other side for a while.

I am not sure they would be happy to visit my place to listen to the recording. Are you suggesting this because it is better not to send the file?

Settlement proposals have been rejected in WPSAC. They don't want to pay a penny.

They shouldn't have to visit you to hear it. Are you expecting the judge to stop the hearing to go to yours to listen to it?

MasterOfNone

waamo wrote: »

They shouldn't have to visit you to hear it. Are you expecting the judge to stop the hearing to go to yours to listen to it?

I was just responding to hollydays post quoted. I don't imagine they would.