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← The consent report

California

Everyone in the conversation must consent.

Every party to a confidential communication must consent. California is the strictest and most-litigated all-party state, and the one worth assuming applies whenever you are unsure.

No attorney has reviewed this page. It states the rule as we read it and names the statute so you can read it yourself.

As of .

Rule
All-party consent
Statute
Cal. Penal Code § 632

What Scribe does about it

Scribe does not decide which rule applies to your conversation, and it will not tell you that a recording is permitted. What it does is make the recording obvious while it is happening: it starts only when you tap record, the screen says it is recording, and the app announces it out loud at the start — so the people in the room can object before there is anything to object to.

In an all-party jurisdiction that announcement is how consent gets asked for. In a one-party jurisdiction it is how you avoid the argument later.