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Timing of application for witnesses to appear remotely

Feb 23, 2021

With the increase in COVID-19 cases and the attendance restrictions on personal appearances, the Court has been receiving more requests for witnesses to appear remotely. Unfortunately, applications for leave of the Court and the request for the technology to be set up are often being filed with insufficient time to allow for this to occur.

The Provincial Court requires that an application to allow a witness to testify remotely be brought at least thirty (30) days prior to the hearing.  Applications are to be made to the assigned trial judge (if applicable) and if not,  to the Assistant Chief Judge of the region/division, or their designate.  Virtual applications are permitted. 

The Court will consider requests for abridgment of the 30-day period on a case-by-case basis.

Virtual appearance of witnesses, if permitted, should be by CCTV whenever possible. The Court will consider requests for appearance by Webex on a case-by-case basis.