If we’re being sued for deficiency in small claims and the plaintiff’s attorney is requesting to appear by telephone conference, can we request the court deny their request?

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If we’re being sued for deficiency in small claims and the plaintiff’s attorney is requesting to appear by telephone conference, can we request the court deny their request?

It’s important enough for them to sue us but not important enough to show up for?

Asked on December 21, 2012 under Bankruptcy Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although you can oppose the request for a telephone appearance, that is probably not worth pursuing. 

A request for a telephone appearance is unrelated to the merits of the case.  It may be due to a schedule conflict on the part of the attorney; for example, another hearing in a different court at approximately the same time or the attorney might just be out of the area and can only be present via telephone.

Court procedures and the discretion of the judge will determine whether or not a telephone appearance is allowed.

Since this is a Small Claims Court case, why is the plaintiff being represented by an attorney?  In Small Claims Court, there aren't any attorneys.  That may be an issue for you to raise.


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