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Recording a Conversation

MCA 45-8-213 — a hidden recording needs the knowledge of all parties, unless a warning was given

Recording a conversation with a hidden electronic or mechanical device, without the knowledge of all parties to it, is violating privacy in communications.

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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

  • Persons given warning of the recording; if one person gives the warning, either party may record.
  • Persons speaking at public meetings.
  • Public officials and employees recording in the performance of official duty.

Those are outside the rule. A violation carries a fine of up to $500, up to 6 months, or both.

Sources for this section (1)
  1. MCA 45-8-213 — Privacy in communications

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.