A telephone conversation may be used as the first action in examination provided that:
Matters (e.g. objections or reasoning) not discussed during the conversation itself may be included in such minutes. However, it must be clear in the minutes that they were not discussed during the telephone conversation.
If the above criteria are met, minutes issued as the first action in examination replace the first communication under Art. 94(3) and Rule 71(1), (2) (see C-III, 4).
Furthermore, examiners may inform the representative in a telephone call if the examining division is considering issuing summons to oral proceedings as the first action in examination (see C-III, 5). Instead of issuing separate telephone minutes, a remark regarding the telephone call may be included in the summons. If, however, the examining division decides not to issue summons at that stage, telephone minutes must be issued.
Date retrieved: 24 November 2017