Small Claims Call Recording Evidence

waamo

MasterOfNone wrote: »

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

Provide everyone copies on a durable medium such as a memory stick. You will need to provide a means of playing it in the hearing.

Jumblebumble

waamo wrote: »

It depends. Emails in themselves aren't unreasonable even if they are ridiculous. If they've marked them "without prejudice" you can't show them anyway

This is a dangerous myth
A district judge can take account of without prejudice if they wish and there is nothing you can do about it if they do.
How do I know?
It happened to me years ago

waamo

Jumblebumble wrote: »

This is a dangerous myth
A district judge can take account of without prejudice if they wish and there is nothing you can do about it if they do.
How do I know?
It happened to me years ago

If it's a genuine attempt at settlement they shouldn't, the main exception being if it is entirely unreasonable. It should only be looked at when deciding the issue of costs.

If a judge looked at it and took it into account they must have been severely unimpressed with it.

steampowered

MasterOfNone wrote: »

The question is, if the Judge accepted this do I also need to file the actual audio file with the recording.

No, the usual disclosure order in SCT is simply to disclose copies of the evidence you intend to rely on in court. If you are only intending to rely on the transcript, that is all you need to disclose.

I wouldn't bother sending around audio recordings unless the veracity of the transcript is contested by the Defendant.

And if this is admitted, would the other side have grounds to sue me for the recording after the trial?

No.

edit: or the Judge penalise me on costs?

Can't see why they would.

MasterOfNone

steampowered said:

I wouldn't bother sending around audio recordings unless the veracity of the transcript is contested by the Defendant.

And if contested?
What would be suitable for the transcript, is the entire call to be transcribed from start to end, even if not relevant?
I am asking this as time in court is usually limited to what is required.