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Appearing in Court by Phone (view source)
Revision as of 03:56, 28 October 2020
, 03:56, 28 October 2020no edit summary
m (Elena Renderos moved page Appearing in Court by Phone (No. 433) to Appearing in Court by Phone: Removing recording numbers from page names) |
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{{REVIEWEDPLS | reviewer = [http://www.robertslaw.ca/about.html Adam Roberts], Adam J. Roberts|date= January 2018}} {{Dial-A-Law TOC|expanded = courts}} | {{REVIEWEDPLS | reviewer = [http://www.robertslaw.ca/about.html Adam Roberts], Adam J. Roberts|date= January 2018}} {{Dial-A-Law TOC|expanded = courts}} | ||
In some situations, parties may be able to | In some situations, parties may be able to attend court by telephone. But they will need to get court approval — in advance. Telephone hearings are more available before tribunals. | ||
== | ==What you should know== | ||
===Normally, parties must attend court in person=== | ===Normally, parties must attend court in person=== | ||
In a court proceeding in BC, the people directly involved in the lawsuit (called the '''parties''') must usually attend '''in person''' at any court hearing, or have a lawyer appear on their behalf. | In a court proceeding in BC, the people directly involved in the lawsuit (called the '''parties''') must usually attend '''in person''' at any court hearing, or have a lawyer appear on their behalf. | ||
If a party does not show up, a court may rule against them. | If a party does not show up, a court may rule against them. | ||
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===In some situations, parties can ask to attend court by phone=== | ===In some situations, parties can ask to attend court by phone=== | ||
In some situations, parties may be able to attend court by phone. But parties will need to get court approval — in advance. | In some situations, parties may be able to attend court by phone. But parties will need to get court approval — in advance. | ||
For example, in [http://canlii.ca/t/8lld BC Supreme Court], a party in a civil case can apply to court to have an application heard by phone or videoconference. | For example, in [http://canlii.ca/t/8lld BC Supreme Court], a party in a civil case can apply to court to have an application heard by phone or videoconference. | ||
In [http://canlii.ca/t/8571 Small Claims Court], certain types of hearings can be held by phone: | In [http://canlii.ca/t/8571 Small Claims Court], certain types of hearings can be held by phone: | ||
* if a party does not live or carry on business within a reasonable distance from the court location, or | |||
* if exceptional circumstances exist. | |||
A party seeking to have a phone hearing in Small Claims Court must apply to court by completing an '''application to the registrar''' (in Form 16). See the court’s Filing Assistant at [https://justice.gov.bc.ca/FilingAssistant/alphaIndex.do justice.gov.bc.ca] for instructions. | (The option of a phone hearing in Small Claims Court does '''not''' apply for a trial or a hearing requiring sworn evidence.) | ||
A party seeking to have a phone hearing in Small Claims Court must apply to court by completing an '''application to the registrar''' (in Form 16). See the court’s Filing Assistant at [https://justice.gov.bc.ca/FilingAssistant/alphaIndex.do justice.gov.bc.ca] for instructions. | |||
Generally speaking, a court may '''decline''' the request for a party to attend by phone if the court thinks someone needs to appear in person to: | Generally speaking, a court may '''decline''' the request for a party to attend by phone if the court thinks someone needs to appear in person to: | ||
*confirm their identity | |||
*reduce the risk of unseen and improper influences | * confirm their identity | ||
*make procedures, like viewing of documents, easier | * reduce the risk of unseen and improper influences | ||
*allow the judge or other decision-maker to see and consider the person’s facial expressions and body language | * make procedures, like viewing of documents, easier | ||
* allow the judge or other decision-maker to see and consider the person’s facial expressions and body language | |||
{| class="wikitable" | {| class="wikitable" | ||
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===Rules for tribunals vary, but many offer phone hearings=== | ===Rules for tribunals vary, but many offer phone hearings=== | ||
'''A tribunal''' is a body that hears disputes and makes decisions in a specific area. It is like a court but less formal. The BC Human Rights Tribunal, which deals with human rights complaints, is an example of a tribunal. | '''A tribunal''' is a body that hears disputes and makes decisions in a specific area. It is like a court but less formal. The BC Human Rights Tribunal, which deals with human rights complaints, is an example of a tribunal. | ||
Every tribunal follows its own set of rules and procedures. | Every tribunal follows its own set of rules and procedures. | ||
Telephone hearings are a common way for tribunals to resolve matters. Some let parties choose the type of hearing they would like to have. The tribunal may post this information on its website or it may contact parties directly to give them this advice. | Telephone hearings are a common way for tribunals to resolve matters. Some let parties choose the type of hearing they would like to have. The tribunal may post this information on its website or it may contact parties directly to give them this advice. | ||
If a hearing is to take place by telephone, the tribunal will set the date, time and contact information for the hearing and notify the parties. If a party who has been notified does not participate, the tribunal may proceed with the hearing and make a decision without hearing from that party. | If a hearing is to take place by telephone, the tribunal will set the date, time and contact information for the hearing and notify the parties. If a party who has been notified does not participate, the tribunal may proceed with the hearing and make a decision without hearing from that party. | ||
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===If you are a witness=== | ===If you are a witness=== | ||
If you have information relevant for a court case, you may be called as a '''witness''' to tell the court ('''testify''') about what you know. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-124/latest/rsbc-1996-c-124.html#sec73_smooth BC law], a witness may be permitted to testify in a court proceeding by '''videoconference'''. | If you have information relevant for a court case, you may be called as a '''witness''' to tell the court ('''testify''') about what you know. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-124/latest/rsbc-1996-c-124.html#sec73_smooth BC law], a witness may be permitted to testify in a court proceeding by '''videoconference'''. | ||
The party calling the witness must give notice to the court and the other party | The party calling the witness must give notice to the court and the other party ''at least five days before'' the witness is scheduled to testify. | ||
It’s open to the other party to object to the witness appearing by videoconference. If they do, the court has to consider whether testifying in this way would be “contrary to the principles of fundamental | It’s open to the other party to object to the witness appearing by videoconference. If they do, the court has to consider whether testifying in this way would be “contrary to the principles of fundamental justice." The court can consider factors such as the location and circumstances of the witness, the costs involved for the witness to be physically present, and the nature of the witness’ evidence. The onus is on the party seeking to exclude videoconferencing. | ||
{{Dial-A-Law_Navbox|type=courts}} | {{Dial-A-Law_Navbox|type=courts}} | ||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||