Phone testimony in civil cases rejected

Wednesday, Dec. 31, 2003 | 11:22 a.m.

CARSON CITY -- The Nevada Supreme Court today ruled that testimony by telephone should not be allowed in civil trials unless there are special circumstances.

The court upheld the decision of District Judge Deborah Schumacher of Washoe County, who refused to permit testimony from a witness in Switzerland in a divorce case.

The court said the rules of civil procedure provide that the testimony of witnesses must be given in open court unless there are exceptions in the law or rules. It said there is no rule or law that provides for telephone testimony at civil trials.

The court said that "absent a showing of special circumstances telephonic testimony is not permissible at trial."

The decision upheld the District Court ruling that Jeffrey Barry must pay his ex-wife, Robyn Linder, $350 a month in alimony for 30 months and also must pay $500 a month in child support.

Barry had petitioned Schumacher to allow Carlos "Tony" Bauman to testify from Switzerland about a $375,000 loan that would show he was in debt. He said Bauman was beyond the court's jurisdiction and beyond subpoena power.

The court said Barry failed to show any "exigent circumstances, and Bauman was not an expert witness who had submitted a report."

The court also imposed a $500 fine on attorney Jeffrey Friedman of Reno, who represented Barry.

The court said Friedman submitted briefs that were "wholly deficient" because they did not comply with the rules. It said in some places the "opening brief exaggerates the record."