During magistrate hearing over landlord/tenant issue in which I was defendant (i.e. landlord) Plaintiff attempted to present audio tape of a conversation (recorded without my knowledge) as evidence. Magistrate ruled in favor of plaintiff. I appealed, Judge also ruled in favor of plaintiff. I wish to use audio tape of magistrate hearing as evidence in bringing a criminal complaint for violation of ML 272, section 99. The court, however, cannot locate tape and states that it has been deleted from hard drive. What options might be available. Plaintiff has since fled the state due to another criminal issue.

First any question of law needs to include your general locale as laws vary by area.

Second, a landlord/tenant dispute may have more relaxed rules of evidence. Was a court reporter present? There should be a written transcript.

But if the plaintiff has fled, why bother?

And what was the originally case about? What did the recording say?

272 is US law - but I'm not understanding why the recording is necessary or how it will make a difference.

If you are in a State which allows a recording if one party is aware then nothing you admit is going to change anything. If someone records you and them in a one party State, yes, it's admissible - no matter what.

Again, which State?

Playing the tape where the Magistrate says exactly that does not change the law.

272 is US law - ....

Your statement suggests it's federal law. I don't think so. Federal law is normally "___ USC section ___".

It appears to be state law. Michigan, Minnesota, or some other state beginning with "M" (if there are any).

You are right - it's "Section 99. Interception of wire and oral communications.— "
Massachusetts