A telephonic hearing is the swearing in of remote witnesses by telephone. Many small claims court judges will permit testimony over the phone if a witness cannot be present for a variety of reasons, such as illness or disability, being out of state, or unable to take time from work.
Any testimony taken by phone, a notary public must be physically present with the witness to administer the oath/affirmation (sworn statement). The Notary will execute a written certification (jurat) to be filed with the court confirming the identity and the affirmation or oath by the witness. It is the responsibility of the party calling the witness to secure the services of a notary public.
Based on the statute of law, when swearing in a witness for said testimony, generally the Notary will ask the witness to state their name for the record, raise their right hand and declare that he or she will testify truthfully by taking an oath as stated, "Under penalties of perjury, do you swear or affirm that the testimony that you are about to give will be the truth, the whole truth, and nothing but the truth?"
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