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Telephone Hearings in Civil Trial Courts - What Do Attorneys Think?

NCJ Number
88669
Journal
Judicature Volume: 66 Issue: 9 Dated: (April 1983) Pages: 408-419
Author(s)
R A Hanson; L K E Olson; K L Shuart; M Thornton
Date Published
1983
Length
12 pages
Annotation
A telephone hearing is conducted by a three-way conference call between the judge and attorneys for the opposing sides. It may be used to handle trial settings, motion hearings, status calls, and pretrial and settlement conferences. Conducting courtroom proceedings by telephone can cut costs and reduce time, but widespread adoption of this alternative will require attorney cooperation.
Abstract
Although most courts still use the traditional in-person approach, a 1980 study found that of the approximately 50 judges using telephone conferencing, most were enthusiastic about telephone conferencing. They felt it saves court time, it has little or no effect on the nature of court hearings, and it saves attorneys' time by reducing both travel and waiting times. A survey of civil attorneys in Colorado and New Mexico found the lawyers' acceptance of conferencing was linked to their sense of whether telephone hearings were satisfactory substitutes for in-court hearings. Most attorneys surveyed in Colorado and New Jersey found telephone conferencing to be a suitable method of resolving court business. The degree of their satisfaction depended on how telephone hearings compared to in-court hearings along three criteria: the ability to present an effective oral argument, the ability to answer the judge's questions, and the judge's understanding of the issues. Footnotes and data tables are supplied.