State Ex Rel. Juvenile Department v. Gates

Father appeals from an order terminating his parental rights. He contends that the court erred in admitting the telephone testimony of four witnesses over his objection. We reverse and remand.

Before trial, the state moved for “an Order for the deposition by telephone” of four out-of-state witnesses: three former CSD caseworkers and a psychologist. It moved “that the Court order that said depositions occur in the presence of the court and during the trial of the pending petition to terminate.” Father objected:

“Essentially what has happened here is that the State is not ready for trial and is…