NCJ Number
97478
Journal
University of Miami Law Review Volume: 38 Issue: 4 Dated: (July 1984) Pages: 593-610
Date Published
1984
Length
18 pages
Annotation
This article explores the nature and incidence of appearance by telephone in Florida and in national legal proceedings, advantages and disadvantages of this technique are identified.
Abstract
Reasons for the increasing use of the telephone in hearings are identified as primarily economic. The origins of telephone hearings are traced to the west, where distances between cities and courthouses are great. In California, telephone hearings concerning minor judicial matters were occurring in the mid-1960's, and by the early 1970's, the telephone was used for full evidentiary hearings in administrative matters. What little case law exists on the subject seems to approve of the use of telephone hearings; for example, Judge Beranek's dicta in Glades General Hospital v. Louis proposed a telephonic disposition as a solution to an impasse in a civil case. Florida's lack of uniform, statewide regulations controlling telephone hearings is noted; the need for addressing certain issues raised in the context of telephone hearings is emphasized. Foremost among these is the determination of the types of matters to be conducted by telephone; a closely related issue is the complexity of matters to be argued by telephone. Practical considerations, such as who initiates and who pays for the call, must also be explored. Finally, drawbacks to the procedure, such as the inability of the listener to observe the speaker, are identified; the future of telephone technology to legal practice is addressed. Included are 96 case notes.