Appearing in Court by Phone

A party must usually appear in court in person

If you are a party in a court proceeding (for example, you are the plaintiff or defendant), and you have to attend or “appear” in court, you usually have to physically show up in court. Telephone appearances are discouraged. However, the court has the discretion in some circumstances to allow you to appear by telephone if you don’t have to testify (and give sworn evidence).

You need court approval to appear by phone

To make a phone appearance, you must get prior approval from the court. Ask the registry of the court where you have to appear if you can do it by phone. Do this at least one week before your court date, if possible. If not, then ask the court registry at least 3 days before your court date. If a phone appearance is possible, the court registry will usually explain what you need to do.

In Small Claims Court, an appearance by telephone may be allowed if the party requesting the telephone appearance doesn’t live or carry on business within a reasonable distance from the court location where the hearing is to take place, or if there are exceptional circumstances. An application using Small Claims Court Form 16 must be made in advance. If the registrar allows the party to appear by telephone, all documents relating to the hearing must usually be sent to the court and to the other parties before the hearing.

In Supreme Court, an application to appear by phone must be made by requisition using Supreme Court Form 17, supported by a signed letter setting out the reasons why you want an order allowing you to appear by phone.

You should contact a lawyer to help you with any court matters.

[updated September 2013]

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