NCJ Number
88479
Journal
State Court Journal Volume: 7 Issue: 1 Dated: (Winter 1983) Pages: 8-11,36-38
Date Published
1983
Length
7 pages
Annotation
Telephone conferencing is a possible method for reducing the cost of litigation without sacrificing the quality of hearings.
Abstract
A telephone hearing is a three-way conversation between a judge, who is located in chambers, and the attorneys for opposing sides, who are at their respective offices. A court reporter is present and makes a record of the hearing as if all the participants were assembled together. The system aims to reduce the travel and waiting time of attorneys and is applicable in motion hearings and pretrial conferences in civil cases and in motion hearings in criminal cases. Judges from 31 courts who had used telephone conferencing and in courts which had indicated an interest in the system varied considerably in the degree to which they favor telephone hearings and are willing to use them regularly. Judges benefit from increased flexibility in scheduling and in the ability to hear emergency motions promptly. Telephone conferencing can also increase the court's ability to provide oral hearings when requested by counsel and enhance the decisionmaking process for rulings without hearings. Individual courts' equipment, facilities, procedures, and practices can affect the feasibility of telephone hearings, however. In addition, unresolved issues include whether telephone hearings should be voluntary, mandatory, or presumptive for any category of motions and whether the court or the moving party should initiate the call. Despite the mounting evidence that the advantages of telephone conferencing outweigh the disadvantages, these issues need to be considered. Nine reference notes are provided.