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  1. #1
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    Default Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Iím being sued by a law firm for credit card debt in Florida Small Claims Court.
    The Rules said that itís allowable at the discretion of the court. But can I object to it?
    And what grounds can I use?
    Thanks.

  2. #2
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    do you mean can you object to the phone testimony in general or can you object to some specific statement made by the witness when testifying over the phone?

    If the previous, you would argue that it somehow does not allow you the same rights to defend yourself as them being in person would allow. Not knowing the situation, I have no idea if it would or not so that is something you would have to determine.

  3. #3
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Yes, I mean objection to the phone testimony.
    Thank you for your reply.
    Do I do that at the trial or do I have to file a motion prior to the trial date after the Plaintiff submit the witness list?

    Thanks.

  4. #4
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Quote Quoting Dimson
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    Iím being sued by a law firm for credit card debt in Florida Small Claims Court.
    The Rules said that itís allowable at the discretion of the court. But can I object to it?
    And what grounds can I use?
    Thanks.
    Are you or will you be permitted to question them on thier testimony?? If not, one could argue it violates the Confrontation clause of the 6th AM??

    Testimony does not necessarily have to be face to face. An example of this is when a child is a witness, exposure to courtroom drama may affect them, so they give testimony by closed circuit tv.

  5. #5
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Yes, I will be permitted to cross-exsamine the witness, but as you said about the courtroom drama. I want them to experience it.
    We are talking about a representative from CitiBank.

  6. #6
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    if you want to argue the phone testimony situation in itself is the problem, you need to object to it before this ever gets into the courtroom. Once there, the judge has already allowed it and you knew about it and failed to contest it in a timely manner; most likely the judge would not take any action due to you objecting at that late of a time.

    what is their argument to allow the phone testimony?

  7. #7
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    If the FL Rules of Evidence permit it, then to challenge it, you need to find some specific case law on that particular Article and delve through it.

  8. #8
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    The Plaintiff is a CitiBank, represanted by a local law firm. There is no argument yet, but i would think that the bank rep is not local and they would want him/her to testify over the phone.

  9. #9
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Quote Quoting Dimson
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    The Plaintiff is a CitiBank, represanted by a local law firm. There is no argument yet, but i would think that the bank rep is not local and they would want him/her to testify over the phone.
    You mean the witnesss is from out of state or otherwise non available to appear in person, as this would seem why the phone admission is permitted.

    Let's say you subpeonaed a person, if they can not attend in person, that is why other ways to testify are permitted.

  10. #10
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    Default Re: Can I Object to Plaintiff Witnesses to Answer Over the Phone at Trial

    Haw do I search the Small Claims Court cases?

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