In order to
participate in the legal process, a party must attend the hearings in front of
the court. A party may choose to either
attend personally or to have an attorney attend on behalf on that person. An entity that is not a natural person, such as a limited liability company, a corporation, or a real estate trust, is unable to attend personally and must have an attorney appear on its behalf
(except in very narrow circumstances).
Having
a Friend or Family Member Appear
Out of state
parties sometimes request that friends or family appear on their behalf. Appearing on behalf of another person in
court is generally considered to be the practice of law. With limited exceptions, a
non-attorney “individual may not practice law or assume to act or hold himself
or herself out to the public as an individual qualified to practice
law[.]” Utah Code §78A-9-103(1). The
appearance by a family or friend on a party’s behalf could very likely be
treated as a non-appearance by the party.
Also, having a non-attorney appear on a party’s behalf could
theoretically get the appearing person in a legal predicament for practicing
law without a license (though I have never personally seen the appearing person
receive more than a stern rebuke).
Appearing through Electronic Means
"In the judge's discretion, any hearing may be conducted
using telephone or video conferencing.”
Rules of Judicial Administration 4-106(1). Through a motion, an out-of-state party may
petition the court to appear via telephone or video conference. Some judges are more open to this method of
appearance than others. The court’s
discretion should factor in that the rules should “be liberally construed and applied to achieve the just,
speedy, and inexpensive determination of every action.” Utah Rules of Civil Procedure 1.
Allowing the a party to appear electronically weighs the difficulties
and costs imposed on out-of-state parties with the disruption to the
proceedings caused by one party not being physically present. Judges have broad discretion on how to conduct hearings and trials, so whether or not a party would be allowed to appear by electronic means would largely depend upon the judge's preferences.
Conclusion
For
an out-of-state party, having an attorney appear on its behalf can avoid most
issues. If hiring an attorney is not possible,
the party may petition the court to appear via electronic means, but the party
cannot assume that the court will grant that request. An out-of-state party may be required to
appear in person.
For
more specific information about this particular subject, please call my office
at 801-691-7770 for a free consultation or see the following web pages:
Whiting &
Jardine, LLC Home Page: www.WhitingJardine.com
Disclaimer:
This blog is for general information and educational purposes only.
Nothing in this blog should be construed as legal advice for any
particular situation. The statements in this blog may be generalized,
contain speculation, be based on opinion, or be made inaccurate by
updates or clarifications to the law. No
attorney-client relationship is created by virtue of this blog.
To receive competent legal advice for your situation, you should seek
competent, licensed legal counsel in the appropriate jurisdiction and practice
area.
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