Do I have the right to give evidence by video conference?

Question

José Manuel Alburquerque · Accepted Answer

Not as a general rule. Although video conference is now the preferred format for many court hearings, the law requires parties, witnesses and experts to be present in the courtroom when they give evidence, unless the judge decides otherwise. There is an exception in your favour, because if you live in a municipality other than the one where the court sits, you can ask to give evidence from a secure location in your own municipality, such as the court office. The judge can only refuse with a reasoned decision. Outside that case it is up to the judge, who may allow it, even from your home, if the circumstances justify it and your identity can be verified. The general rule The law distinguishes between the court hearings themselves and the giving of evidence. Trials, hearings and other procedural steps are preferably held by video conference, provided the court has the facilities. But giving evidence as a party, a witness or an expert requires the physical presence of the person giving it, unless the judge orders otherwise in view of the circumstances of the case. In practice, many courts hold in person any hearings and trials at which evidence is given. When you can give evidence remotely There are two routes: If you live in a municipality other than the one where the court sits, you can ask to give evidence from a secure location in your own municipality. This is usually the court office of the judicial district where you live or work or, if it has the facilities, the justice of the peace court (“juzgado de paz”). The judge can only require you to attend in person by means of a reasoned decision, if the judge considers that the hearing requires it. In other cases, the judge may allow it depending on the circumstances, for example because of an illness that prevents you from travelling. The judge may allow you to give evidence from any location, including your home, if your identity can be verified. There are special rules. Minors and people involved in proceedings concerning support measures, which determine the assistance a person with a disability needs, can only give evidence remotely from a court office. Victims of gender-based violence, sexual violence or human trafficking can do so from the places where they receive support. How to request it You must ask the court in good time and at least ten days before the trial, explaining the reason and, where applicable, the municipality where you live. If you are a party, your lawyer makes the request. If you are a witness or an expert, it is normally made by the party who called you, whom you should tell straight away. If it is accepted, the court will say where to connect from and how. If the connection fails and the evidence cannot be given properly, the trial may be adjourned and held on another day.