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← The consent report

Delaware

Everyone in the conversation must consent.

All parties must consent, though the state's wiretap statute and its privacy statute have been read against each other for decades.

As of .

Rule
All-party consent
Statute
Del. Code tit. 11 § 1335

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.

Draft — not yet reviewed by counsel. This page has not been reviewed by counsel. It is excluded from search engines, and the sentence above about Delaware is a summary of a statute, not a reading of it.