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​Appendix A

Conduct of Hearing by Virtual Means

(a) Contacting attorneys, parties and witnesses in a telephone or video conference.

(1) At the beginning of the hearing, the Presiding Officer will put on the record the following information:

(i) The names of each individual participating in the hearing.

(ii) Whether the individual is participating by telephone or video conference.

(iii) The time at which the Presiding Officer initiates contact with the attorney, parties, and witnesses.

(2) The witness to be examined shall be available and ready to be sworn and begin testimony upon being telephoned or when video conferencing is initiated and shall remain available until excused by the Presiding Officer.

(3) Where a witness or party is not on the telephone or video conference call at the scheduled time for the hearing to start or, for a witness, another pre- designated time, the Presiding Officer for a period of time not less than ten minutes nor more than twenty minutes, following the scheduled time of the hearing or other pre-designated time, will make at least three attempts to contact that party or witnesses before conducting the hearing without the party or witness being present. If a party or witness seeks to join the proceeding after that time and can show good cause for the delay in joining, the Presiding Officer, in his or her discretion, may permit the party or witness do so.

(4) The equipment used by the court reporter, the parties and their witnesses must be capable of and produce a clear transmission satisfactory to the Presiding Officer. The parties and their witnesses are responsible for having a reliable internet (for video hearings) or telephonic (for telephone hearings) connection in a quiet space, free from background noise that could impede the integrity of the transcription of the hearing and the ability of the Presiding Officer, the court reporter, and the parties and their counsel to hear what is being said.

(5) To facilitate matters, at least three business days prior to the hearing each party should provide at least one alternative means of contacting the individual that will be effective for the date and time of the hearing.

(b) Oath or affirmation.

(1) The witness testifying by telephone or video conference will be placed under oath in the same manner as if the witness were appearing in person

(2) The oath or affirmation administered to a witness testifying by telephone or video conference must indicate that the witness will not testify from or use any document unless the document has been brought to the attention of the Presiding Officer and that the testimony shall not be prompted or directed during the hearing by any other person.

(c) Opportunity to verify witnesses.

(1) The tribunal will permit parties a reasonable opportunity to question a witness testifying by telephone or video conference for the purpose of verifying the identity of the witness.

(2) Falsification of identity may be subject to prosecution and punishment under 18 Pa. C.S. § 4902 (relating to perjury) and 18 Pa. C.S. § 4903 (relating to false swearing).

(d) Use of documents.

(1) A witness testifying by telephone or video conference may only use a document previously provided to all parties and the Presiding Officer.

(2) A copy of each document to be relied upon by a witness shall be pre- marked as an exhibit and pre-submitted as set forth above and as may be further defined in a pre-hearing scheduling order.