Land and Resources Tribunal

Taking evidence by telephone

1. The following procedure is intended to streamline the taking of evidence by telephone, and in particular, to avoid delay and disruption during the hearing.
2. The party wishing to have the evidence taken by telephone should inform the other party accordingly, before the hearing, to determine whether there is any objection. If there is objection, an application may be made to the Tribunal.
3. The Presiding Member, when known, should in any event be apprised (via the Executive Officer to the Presiding Members) in advance of the wish to take evidence by telephone, and the Presiding Member’s agreement obtained or any necessary order made.
4. In anticipation of the taking of the evidence by telephone, the party calling the witness (or their legal or other representative) must:

1. ascertain from the witness the form of oath to be taken and ensure that the witness will have with him or her a Bible or other relevant holy book if an oath is to be taken, or confirm that it is appropriate to affirm;
2. explain to the witness that the evidence is being given in Tribunal proceedings, and being recorded, and that the witness may be cross-examined by other parties or their lawyers and questioned by the Presiding Member; and that the witness must be careful only to answer questions that have been asked;
3. inform the Tribunal case officer of the name and telephone number of the witness;
4. arrange for the witness to be available to give evidence at a designated time (to be arranged with the case officer) on the designated telephone number.

5. In most cases, the Tribunal will telephone the witness, rather than vice versa. Unless the Presiding Member otherwise orders, a party who wishes to have evidence taken by telephone will bear the cost of the telephone charges. Arrangements for meeting those costs must be made with the case officer prior to the witness giving evidence.

Gregory J. Koppenol
President
29 August 2000