Telephonic Participation

A. Upon timely written motion, a judicial officer may allow telephonic appearance during any proceeding. In the event more than one participant has requested telephonic appearance, the first party requesting telephonic appearance shall arrange at his or her expense for the call or conference call, unless the court orders otherwise.

B. Unless a shorter time is authorized by the judicial officer, a motion to allow telephonic testimony or argument shall be filed at least 30 days before the hearing, unless the notice setting the hearing provides for fewer than 30 days' notice, in which case the request shall be filed within five days after receipt of the notice setting the hearing. The motion shall be served on all parties and on any person who has filed a demand for notice and shall be accompanied by a form of order.

C. A party opposing a motion for telephonic appearance or telephonic testimony shall file a written response within five days after service of the motion.

D. Telephonic appearances and testimony shall be of such quality that the voices of all parties and counsel are audible to each participant, the judicial officer, and, where applicable, the certified reporter or electronic recording device.

CREDIT(S)

Added Sept. 16, 2008, effective Jan. 1, 2009.

While telephonic appearance and testimony or argument are encouraged as time and cost-saving methods of addressing probate matters, a number of issues bear consideration. First, courts throughout the state have different telephone technology, some of which is better suited than others for telephonic appearances. For that reason, the judicial officer assigned to the case must approve the request in advance of the hearing.

Second, last-minute requests are discouraged. Judicial officers may not have an opportunity to consider a last-minute request because of the pressure of other court business.

Finally, a party should carefully consider a request to present telephonic testimony or arguments in a contested matter. A witness's demeanor while testifying is an important factor used by the court to assess a witness's credibility. A party who offers a witness by telephone may be at a disadvantage if the testimony is contradicted by a witness who personally appears. Judicial officers may reject an untimely request if it detracts from the court's ability to address other matters on the court's calendar or if it affects the court's ability to judge the demeanor of the witnesses in a contested matter.