Trial: Telephonic Testimony

Weidow v. Uninsured Employers' Fund [01/22/10] 2010 MTWCC 2 Where no party objected to a witness testifying telephonically at trial, and no party raised any concerns regarding the identity of the witness or the possibility that he could refer to documents during his testimony, and the Court found that it could not evaluate the witness' demeanor nor determine whether he was being coached or improperly referring to documents, the Court noted that it was at a disadvantage to evaluate the witness' testimony. However, the witness also submitted an affidavit and other documentation which were admitted into evidence. While the Court found itself in a position where it could not truly assess the witness' credibility, the Court concluded that it could assign weight to the testimony.