Attending Court by Telephone

Telephonic court proceedings can be used when they are authorized by the court or by the agreement of the parties.  Texas Rules of Civil Procedure 21d and 500.10 govern telephonic court.

Each county in Texas has different court rules about appearing by telephone. Find your court’s website and check their local rules to see if it provides information on telephonic appearances.

Some counties allow telephonic appearances, and some do not. If a court does allow you to appear by telephone, you will likely need a very good reason to do so.

For many reasons, you may find it challenging to participate in a court hearing. Distance from the court or having to work may not be an adequate excuse to miss your court date. If you cannot participate in person, the best option is to hire an attorney who can appear for you at the hearing. Some attorneys may agree to limited-scope representation, and represent you only for the court date you will miss.

If you cannot hire an attorney, call the court that you are scheduled to appear in. Ask if you can make an appearance (that is, participate) by telephone.

Asking for a continuance might be an option as well.

If you do not attend your hearing, the judge can order a default judgment in favor of the other side.

Warning: Sometimes, the consequences for failing to appear or participate can be as severe as the court issuing a bench warrant for failure to appear. If this happens, you need a lawyer.

Contact the court coordinator for your judge. Ask the court coordinator if you can appear by telephone and what you need to do to set the hearing. You can likely find their information online. If you cannot, check with the county clerk to see who you must contact. If at all possible, email the court coordinator. Copy the other side in your case—and others with a right to know what's going on, like the Office of the Attorney General Child Support Division, if the case involves child support.

You also need to ask the court if you can appear by telephone. Make your request in writing, and find out what the court decides. If you do not ask to appear by telephone, the court will not know about it. The court will not assume you are participating by telephone when you do not show up in person.

You should contact the court coordinator when you know you cannot make your hearing. Some courts may have deadlines for requesting permission to appear by telephone. The deadlines could range from several days to weeks before your hearing. Also, you may be required to notify the opposing party, which can take some time.

Generally, yes. Whether the opposing party agrees or not. The court may allow or require a party to appear telephonically upon appropriate notice by a party or the court. See Texas Rule of Civil Procedure 21d.

Maybe. Some courts may require you to file a Motion for Telephonic Hearing and an Order for Telephonic Hearing. If so, consider contacting an attorney who can assist you with this. TexasLawHelp does not have forms for telephonic appearances.

You can look for a template for a motion to draft yourself at your local law library (see the Texas State Law Library's list of law libraries). Also, read Drafting Your Own Court Documents.

It depends. Some courts in Texas use a service called Court Call that usually charges a fee. Call or email the court coordinator for your judge to find out if the court uses Court Call and what the cost will be. Here is Court Call's list of participating Texas courts.

Also, some courts now allow free videoconferencing. The Texas Office of Court Administration has this information about electronic court hearings.

No. The court does not have to let you participate in a hearing by telephone, although the rules guiding Texas judges give them the power to allow it. See Texas Rules of Civil Procedure 21d and 500.10.

Yes! A lawyer is a great resource if you are trying to appear by telephone. Lawyers in your county are likely knowledgeable about your court’s policy on telephone appearances. Also, a lawyer can help with drafting any necessary forms to file to appear by telephone.

No. But you are more likely to be allowed to participate by telephone in an uncontested hearing where you don't have to present evidence. Read Uncontested, Contested, and Default Cases.

Some Texas courts let people appear by videoconference. Learn more at TexasLawHelp's virtual court section. You should email or call the court coordinator for the court where your case is.