8.01-420.2 - Limitation on use of recorded conversations as evidence. - Virginia Statutes

§ 8.01-420.2. Limitation on use of recorded conversations as evidence.

No mechanical recording, electronic or otherwise, of a telephone conversationshall be admitted into evidence in any civil proceeding unless (i) allparties to the conversation were aware the conversation was being recorded or(ii) the portion of the recording to be admitted contains admissions that, iftrue, would constitute criminal conduct which is the basis for the civilaction, and one of the parties was aware of the recording and the proceedingis not one for divorce, separate maintenance or annulment of a marriage. Theparties' knowledge of the recording pursuant to clause (i) shall bedemonstrated by a declaration at the beginning of the recorded portion of theconversation to be admitted into evidence that the conversation is beingrecorded. This section shall not apply to emergency reporting systemsoperated by police and fire departments and by rescue squads, nor to anycommunications common carrier utilizing service observing or randommonitoring pursuant to § 19.2-62.

(1983, c. 503; 1992, c. 567.)