Telephonic Appearance From Overseas

by Anonymous from UK

My husband and I have a case lodged with the Florida Court and have been informed by email from the defendant's attorney that we will have to attend the court if the case goes to trial.

As we are British citizens, and live in the UK, it is not feasible for us to fly to America to be at the court to hear the case. We are not able to take the time off from work, nor are we able to afford the air fare, etc.

Do we have to be there in person or can our attorney represent us. Affidavits have been written and submitted with the court already.

Answer to Florida Court Forms Question

Dear Anonymous,

First, your attorney should be able to appear for you.

You should not have to go to the unreasonable expense of flying from England to appear at a court hearing when you are the Plaintiff.

If there is a large amount of money at stake, and this is the actual trial, you may want to, as a matter of choice, to protect your own interests.

What does your attorney say? Does your attorney say you must be at that court hearing?

If your attorney says you must appear, ask if you can appear telephonically using a Motion for Telephonic Hearing. You can call in on Skype.

Telephonic hearings are routine; and requests to appear telephonically are almost always granted.

But your attorney is required to file a motion for you to appear telephonically.

Second, I am confused as to why the Defendant's attorney is contacting you at all.

He should be contacting your attorney, whom you have paid, or are paying, to represent you.

It sounds a little like harassment to me, and, if I were in your position, I would speak with my attorney and ask him to handle the situation. Ask your attorney to make sure, that your appearance is excused and/or that you are allowed to appear telephonically.

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