Can a Recorded Conversation Be Used as Evidence in Michigan?

 Posted on May 14, 2025 in Family Law

There are many reasons an individual, business, or government agency may need to record a conversation, and most states, including Michigan, have adopted laws about consent and evidence admissibility to regulate recorded conversations. In any form of legal action, whether it is a divorce case or criminal court, you may need to understand the laws that govern consent and recorded conversations. A Northville, MI family law attorney has experience in evidence collection and eavesdropping laws and can answer any questions you may have about how state or local jurisdiction applies to your case.

What Does Michigan Law Say About Recorded Conversations as Evidence?

Most states have either "one-party" or "two-party" consent laws that apply to recorded conversations. Under Michigan’s eavesdropping law, recording a private conversation you are not involved in without the permission of all those involved is a felony. However, Michigan is a one-party consent state, which means that if one person gives their consent to be recorded, it is not an eavesdropping violation. Similarly, federal law also only requires one-party consent.

Michigan’s law has been the subject of legal challenges and evolving interpretations. For example, courts have emphasized that the statute applies to private conversations, not necessarily those made in public where there is no reasonable expectation of privacy. If you were having a fight with your spouse at a restaurant and someone at the table next to you overheard you threatening your spouse and recorded you, that may not be against the law. 

When Is It Legal To Record a Conversation in Michigan?

What most people are really interested in when it comes to recording conversations is how it applies to conversations they are involved in themselves. 

• Can you record a conversation with your spouse without telling your spouse if you think he will threaten you and you want to prove that he is abusive? It is usually legal to record conversations that you are a part of.

• Can you introduce into evidence screenshots of conversations where someone promised to sell you their car in exchange for payment – and you paid the money, but they never gave you the car? Screenshots are typically legal and can generally be used as evidence when they are relevant. 

• Can you put a hidden camera with audio recording in your own home to try to catch your spouse talking to her boyfriend? Secret audio recordings of third party conversations, even in your own home, are on very risky legal ground.

Although questions about the legality of recording conversations can get into legal gray area, the general rule of thumb in Michigan is this: If you are part of the conversation, you can probably record it. If you are not part of the conversation, and the people in the conversation have a reasonable expectation of privacy, you cannot record it. 

When Is a Recorded Conversation Admissible as Evidence in Michigan?

If the action used to obtain a recorded conversation is illegal under Michigan law, the recording likely will be inadmissible as evidence. Sometimes, legally recorded conversations are not admissible either, often because of a general prohibition against hearsay evidence. It is important to note that illegally recording conversations remains illegal whether you intend to use the conversation as evidence in court or for anything else.  

Contact a Novi, MI Family Law Attorney for a Free Consultation

Michigan consent and eavesdropping laws can be complicated, but an Oakland County, MI family lawyer can help you navigate how they may apply to your case. If you have a recorded conversation that could benefit your legal position, finding out whether it was legally obtained and is admissible in court is critical. Call Elkouri Heath, PLC at 248-344-9700 to schedule a free consultation today and get the answers you need.