Are you serving as the personal representative of an estate that is subject to a will contest? Are you currently out of state and unable to appear for a hearing? Did you know that you might be able to appear telephonically? How do you get this right and when do courts have to allow it? Check out this case out of the Fifth District Court of Appeals to learn more.
Telephonically Appearing
- In some cases both West Palm Beach (State) and Federal Courts will allow you to appear telephonically i.e. by telephone.
- When though?
- Failure to not award you a right to appear telephonically may infringe on your rights ofdue process.
- Although it may appear crucial that you appear for trial Palm Beach probate litigators know this only applies in criminal proceedings.
- There is no similar obligation on the state to compel your presence at a civil case, your attorney can appear for you and your attorney can appear via telephone as well.
- In order to have such a right to appear telephonically you should give the trial court notice.
- What constitutes proper notice?
- You may want to file a notice to appear telephonically.
- A notice of appearance is the document your attorney initially files to put the court on record that they are your advocate and will appear on your behalf similarly this notice will do that about appearing telephonically.
Hubsch v. Howell Creek Reserve Community etc. et. Al.
- This was a foreclosure action related to a homeowner’s association lien that was liquidated.
- The homeowner appealed after the court failed to allow her to appear telephonically for a summary judgment hearing despite filing a proper and timely motion for a telephonic appearance.
- The court reversed citing that the trial court had denied due process when it refused the motion.
- Do you agree?
Want to check out the entire opinion before you make your opinion?