questions & answers

Question: I am defending myself in a case. I have a witness who gave a recorded statement to my insurance company. The witness gave permission to my insurance company to release the recording to anyone wishing to investigate the incident. Can I use this recording in court as evidence? Does the witness need to be present in order for me to use the recording? The witness may not be able to appear in court and that is why I am asking.

Answer: The Arizona Rules of Evidence 803(5) best fits the circumstance described in that it sets forth the rule regarding recorded recollections of witnesses. However, the Rules of Evidence are not exactly clear to non-lawyers and the rules themselves have many layers and exceptions that could prevent the use of the recording because it would constitute hearsay, which is inadmissible as evidence. It would be best to seek legal counsel or legal advice in this circumstance through the Lawyer Referral Service at 602- 257-4434