If a person requests a motion hearing in court, are they allowed to appear by phone?

Question

My ex and his attorney filed a motion for a court hearing about child support. Now his attorney is requesting that his client appear by phone, but in the motion papers it stated that his attorney, him, and his wife would testify under oath. Is this even possible?

Answer 1

This is possible, but entirely up to the judge. If a party has a good reason, like on business far away, and the attorney asks the judge if the client can be available by phone, the judge may permit it. However, if "sworn testimony" is to be given by that party, the judge will probably not allow that testimony to be given by phone. The reason is that the judge cannot be certain that the person on the phone is who they say they are. If the judge believes he can rely on the attorney that it is the client, the judge may permit it, but not very often!

Answer 2

Evidentiary hearings by phone are possible only if the judge agrees to it.  Among other things, there may be reversible errors dealing with proof of identification of the person on the other end of the phone line.  It is more common to have telephone hearings by phone for procedural or non-evidentiary matters.  If you have concerns about this, you or your attorney should file a written objection with the court in advance of the hearing stating your reasons.