|(a) Request to appear by telephone. A party may request
to appear or present testimony by telephone or to present the testimony
of a witness by telephone.
(1) To appear or present testimony by telephone, a
party must file a motion no later than ten days before the proceeding
unless a different time period is allowed by the judge.
(2) A motion shall include at least the following:
(A) the reason for the request;
(B) the name of the party or witness who will appear
(C) the telephone number at which the party or witness
may be reached at the time of the proceeding;
(D) a statement that the party or witness will be the
same person who will appear by telephone at the proceeding; and
(E) a certificate of conference complying with §155.305(b)(2)
of this chapter.
(3) A timely, unopposed motion will be deemed granted
without the necessity of an order, unless denied by order.
(b) Request to appear by videoconference. A party may
request to appear or present the testimony of a witness by videoconference.
(1) To appear or present testimony by videoconference,
a party must file a motion no later than ten days before the proceeding.
(2) A motion shall include a statement of the reason
for the request, the name of the party or witness who will appear
by videoconference, and the city in which the party or witness will
be located at the time of the proceeding.
(c) Hearings and prehearing conferences by telephone
or videoconference. The judge may conduct hearings and prehearing
conferences by telephone or videoconference upon notice to the parties,
even in the absence of a motion.
(d) Substantive and procedural rights. All substantive
and procedural rights apply to telephone and videoconference proceedings,
subject only to the limitations of the physical arrangement.
(e) Documentary evidence. Prior to the hearing, the
parties must exchange, and provide to witnesses appearing telephonically
or by videoconference, all documents necessary for effective participation
in the hearing.
(f) Failure to appear at telephone or videoconference
proceeding. For a telephone or videoconference proceeding, the following
may be considered a failure to appear and grounds for default, dismissal
for want of prosecution, or other adverse action if the conditions
exist for more than ten minutes after the scheduled time for the proceeding:
(1) failure to answer the telephone or videoconference
(2) failure to free the line for the proceeding; or
(3) failure to be ready to proceed.