Appearing in Court by Phone - Revision history

Elena Renderos at 03:56, 28 October 2020

2020-10-28T03:56:32Z

← Older revision		Revision as of 03:56, 28 October 2020
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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 ~~'''~~attend court by telephone~~'''~~. But they will need to get court approval — in advance. Telephone hearings are more available before tribunals.		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.

	==~~Understand your legal rights~~==		==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.

	~~(The option of~~ a ~~phone hearing in Small Claims Court~~ does ~~'''~~not~~''' apply for~~ a ~~trial~~ or ~~a hearing requiring sworn evidence~~.)		* 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 '''at least five days before''' the witness is scheduled to testify.		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 ~~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.		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.

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Elena Renderos: Elena Renderos moved page Appearing in Court by Phone (No. 433) to Appearing in Court by Phone: Removing recording numbers from page names

2020-09-12T04:44:18Z

Elena Renderos moved page Appearing in Court by Phone (No. 433) to Appearing in Court by Phone: Removing recording numbers from page names

← Older revision		Revision as of 04:44, 12 September 2020
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Drew Jackson at 17:45, 31 March 2019

2019-03-31T17:45:17Z

← Older revision		Revision as of 17:45, 31 March 2019
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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 attend court by telephone. But they will need to get court approval — in advance. Telephone hearings are more available before tribunals.		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.

	==Understand your legal rights==		==Understand your legal rights==
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	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.		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.


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Elena Renderos at 04:40, 29 March 2019

2019-03-29T04:40:22Z

← Older revision		Revision as of 04:40, 29 March 2019
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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = [http://www.robertslaw.ca/about.html Adam Roberts], Adam J. Roberts\|date= January 2018}} {{Dial-A-Law TOC\|expanded = courts}}

	{{Dial-A-Law TOC\|expanded = ~~lawyers~~}}
	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.		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.

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	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.		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.



	~~[updated January 2018]~~

	~~'''The above was last reviewed for legal accuracy and edited by [http://www.robertslaw.ca/about.html Adam Roberts], Adam J. Roberts.'''~~

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Drew Jackson: Drew Jackson moved page Appearing in Court by Phone (Script 433) to Appearing in Court by Phone (No. 433): align with new Dial-A-Law website

2019-03-22T01:22:56Z

Drew Jackson moved page Appearing in Court by Phone (Script 433) to Appearing in Court by Phone (No. 433): align with new Dial-A-Law website

← Older revision		Revision as of 01:22, 22 March 2019
(No difference)

Dial-A-Law at 05:48, 19 February 2019

2019-02-19T05:48:04Z

← Older revision		Revision as of 05:48, 19 February 2019
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	{{Dial-A-Law TOC\|expanded = lawyers}}		{{Dial-A-Law TOC\|expanded = lawyers}}
	~~==Normally~~, ~~people must appear in~~ court ~~in person==~~		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.
	~~People suing or being sued (parties) who are not represented~~ by ~~a lawyer, must usually appear (attend)~~ in ~~person, not by phone, at~~ hearings ~~in:~~
	*BC Provincial Court (family, traffic, criminal and small claims cases)
	*BC Supreme Court (for various types of cases), and other courts and decision-making bodies in BC

	~~If a person required to attend a hearing does not show up, a court may rule against them.~~		==Understand your legal rights==

	==~~People can ask to appear~~ in ~~court by phone~~==		===Normally, parties must attend court in person===
	If a ~~person wants to appear~~ in ~~court by phone~~, ~~they~~ usually ~~need to get court approval. And they need to get the~~ court ~~approval well before the~~ hearing.		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.

	A court may ~~not approve~~ the request if it thinks someone needs to appear in person to:		If a party does not show up, a court may rule against them.

			This rule applies generally to proceedings in Provincial Court and Supreme Court in BC. There are some exceptions, however, where parties can ask to attend court by phone. We explain these here.

			===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.

			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:
			*if a party does not live or carry on business within a reasonable distance from the court location, or
			*if exceptional circumstances exist.

			(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:
	*confirm their identity		*confirm their identity
	*reduce the risk of unseen and improper influences		*reduce the risk of unseen and improper influences
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	*allow the judge or other decision-maker to see and consider the person’s facial expressions and body language		*allow the judge or other decision-maker to see and consider the person’s facial expressions and body language

	==Check with ~~the registry of~~ the court ~~or decision-maker==~~		{\| class="wikitable"
	If you want to appear in court by phone, check rules and deadlines with the registry of the court ~~or other decision-maker~~.		\|align="left"\|'''Tip'''
			'''Check with the court'''. If you want to appear in court by phone, check rules and deadlines with the registry of the court for the case you’re involved in.
			\|}

	==~~Examples~~==		===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.

	~~===Small claims court===~~		Every tribunal follows its own set of rules and procedures.
	~~Under Rule 17(16)~~ of ~~the [http://www.bclaws.ca/Recon/document/ID/freeside/261_93_04 small claims~~ rules], a hearing, other than a trial or hearing requiring sworn evidence, may be held by phone if a person does not live or carry on business within a reasonable distance from the hearing location, or if exceptional circumstances exist. Rule 16.1(7) says that in addition to this, a judge may hear an application (except if sworn evidence may be required) by phone if all parties consent or the registrar is satisfied that no party will suffer prejudice from a phone hearing.

	~~Rule 17(16~~.~~1) says an application for a phone~~ hearing ~~must be made under Rule 16(3)~~ to ~~a registrar~~. The ~~latter rule requires applicants to use Form 16, follow instructions~~ on ~~the form, and then file~~ it ~~at the registry~~.		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.

	~~===Other provincial court divisions and other decision-makers===~~		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.
	~~Procedures in family~~, ~~traffic~~, and ~~criminal cases,~~ and ~~in cases before other BC decision-makers differ~~. ~~Most of these courts and decision-makers require~~ a ~~request—before~~ the ~~hearing—based on exceptional circumstances before they will~~ make ~~an order allowing~~ a ~~phone appearance~~.

	~~Rules~~ for ~~witnesses (people who testify)~~ at hearings ~~differ~~. ~~Witnesses must sometimes testify~~ in ~~person~~. ~~Other times, they~~ are ~~required~~, ~~or allowed~~, to testify by ~~a formal written statement~~, ~~sworn or affirmed before a lawyer~~, ~~notary public~~, ~~or court official~~.		{\| class="wikitable"
			\|align="left"\|'''Tip'''
			'''Check with the tribunal'''. Check the tribunal’s website or give them a phone call to ask about their support for telephone hearings. The AdminLawBC Online Help Guide at [https://www.adminlawbc.ca/how-to-prepare/telephone-hearings adminlawbc.ca] has a list of tribunals in BC, and tips for participating in telephone hearings.
			\|}

			===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'''.

			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 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.

	~~Other rules apply to other participants, including interpreters, support people, observers, and others.~~


	[updated January 2018]		[updated January 2018]

	'''The above was last reviewed for accuracy and edited by ~~John Blois~~.'''		'''The above was last reviewed for legal accuracy and edited by [http://www.robertslaw.ca/about.html Adam Roberts], Adam J. Roberts.'''

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Dial-A-Law: /* Check with the registry of the court or decision-maker */

2018-01-31T00:35:54Z

Check with the registry of the court or decision-maker

← Older revision		Revision as of 00:35, 31 January 2018
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	==Check with the registry of the court or decision-maker==		==Check with the registry of the court or decision-maker==
	If you want to appear in court by phone, check rules and deadlines with the registry of the court or other decision-maker.		If you want to appear in court by phone, check rules and deadlines with the registry of the court or other decision-maker.


	==Examples==		==Examples==

Dial-A-Law: /* Other provincial court divisions and other decision-makers */

2018-01-31T00:35:00Z

Other provincial court divisions and other decision-makers

← Older revision		Revision as of 00:35, 31 January 2018
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	Rule 17(16.1) says an application for a phone hearing must be made under Rule 16(3) to a registrar. The latter rule requires applicants to use Form 16, follow instructions on the form, and then file it at the registry.		Rule 17(16.1) says an application for a phone hearing must be made under Rule 16(3) to a registrar. The latter rule requires applicants to use Form 16, follow instructions on the form, and then file it at the registry.

	==Other provincial court divisions and other decision-makers==		===Other provincial court divisions and other decision-makers===
	Procedures in family, traffic, and criminal cases, and in cases before other BC decision-makers differ. Most of these courts and decision-makers require a request—before the hearing—based on exceptional circumstances before they will make an order allowing a phone appearance.		Procedures in family, traffic, and criminal cases, and in cases before other BC decision-makers differ. Most of these courts and decision-makers require a request—before the hearing—based on exceptional circumstances before they will make an order allowing a phone appearance.

Dial-A-Law: /* Small claims court */

2018-01-31T00:34:47Z

Small claims court

← Older revision		Revision as of 00:34, 31 January 2018
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	==Examples==		==Examples==

	==Small claims court==		===Small claims court===
	Under Rule 17(16) of the [http://www.bclaws.ca/Recon/document/ID/freeside/261_93_04 small claims rules], a hearing, other than a trial or hearing requiring sworn evidence, may be held by phone if a person does not live or carry on business within a reasonable distance from the hearing location, or if exceptional circumstances exist. Rule 16.1(7) says that in addition to this, a judge may hear an application (except if sworn evidence may be required) by phone if all parties consent or the registrar is satisfied that no party will suffer prejudice from a phone hearing.		Under Rule 17(16) of the [http://www.bclaws.ca/Recon/document/ID/freeside/261_93_04 small claims rules], a hearing, other than a trial or hearing requiring sworn evidence, may be held by phone if a person does not live or carry on business within a reasonable distance from the hearing location, or if exceptional circumstances exist. Rule 16.1(7) says that in addition to this, a judge may hear an application (except if sworn evidence may be required) by phone if all parties consent or the registrar is satisfied that no party will suffer prejudice from a phone hearing.

	Rule 17(16.1) says an application for a phone hearing must be made under Rule 16(3) to a registrar. The latter rule requires applicants to use Form 16, follow instructions on the form, and then file it at the registry.		Rule 17(16.1) says an application for a phone hearing must be made under Rule 16(3) to a registrar. The latter rule requires applicants to use Form 16, follow instructions on the form, and then file it at the registry.

	==Other provincial court divisions and other decision-makers==		==Other provincial court divisions and other decision-makers==

Dial-A-Law: /* Check with the registry of the court or decision-maker */

2018-01-31T00:34:02Z

Check with the registry of the court or decision-maker

← Older revision		Revision as of 00:34, 31 January 2018
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	Examples		==Examples==

	==Small claims court==		==Small claims court==