Local Rule RULE 5074-1: Telephone, Video, or In-Person Conferences and Hearings.

RULE 5074-1. Telephone, Video, or In-Person Conferences and Hearings.

(a) Conferences and Hearings. The Court may schedule any matter in a bankruptcy case, contested matter, or adversary proceeding to be heard by video or telephonic conference. Any party in interest affected by or involved in such case, matter, or proceeding may request the Court to hear the matter by video conference or in person. The Court may, at its discretion, hold pretrial conferences in adversary proceedings, preliminary hearings on motions to modify, preliminary hearings, hearings on reaffirmation agreements, and any other matters requiring an emergency hearing by telephone. The Court, except within its discretion, will not conduct evidentiary hearings by telephone.

(b) Expedited Hearings. In accordance with Mont. LBR 9013-1(i)(2)(N), the Court will grant or deny requests to hear matters on an expedited basis at its discretion. If a request for an expedited hearing is granted, the moving party shall serve the Order granting such relief on all parties entitled to notice within two business days unless directed otherwise by the Court.

(c) Appearance by Video. Any party or counsel wishing to appear at a court proceeding via video shall complete the "Notice of Remote Appearance" Form available on the Court's website (https://www.mtb.uscourts.gov/notice-remote-appearance) and submit the completed form to the Clerk at least three business days before the proceeding. Parties should submit one form per court date regardless of the number of matters they are appearing in on a given day but must list all matters in which they will be appear on the form.

(1) Any party that intends to appear by video from a remote location shall file a notice at least three business days before the hearing and further certify that any witness will have access to all exhibits that may be the subject of direct or cross-examination, or exhibits used for impeachment or rebuttal purposes.

(2) Parties shall confer before a hearing and ensure all witnesses have access to a copy of any exhibit utilized at the hearing.

Requests to appear remotely in contested matters may not be permitted at the Court's discretion depending on the issues to be adjudicated.

(d) Recording Virtual Proceedings Prohibited. Other than official court reporters and official electronic recorders employed by the Court, parties appearing remotely are not permitted to make audio or video recordings or take screenshots of the proceedings from any location by any means. Mont. LBR 5073-1, which relates to personal electronic devices and broadcasting, applies to parties appearing remotely or in virtual hearings.

(e) Additional Information to be Provided for Remote Witnesses. In addition to the Notice of Remote Appearance form, any individual desiring to appear by video that may be called to testify ("Remote Witness") shall also file the following information in the case:

(1) The name and title (if any) of the Remote Witness;

(2) The location (city, state, country) of the Remote Witness;

(3) The place from which the Remote Witness will testify (e.g., home, office – addresses are not required);

(4) Whether anyone will be in the room with the Remote Witness during the testimony, and, if so, who and for what purpose;

(5) Whether the Remote Witness will have access to any documents other than exhibits provided to the Court and the parties, and if so, what documents; and

(6) The participants' intent, or lack thereof, to seek sequestration of witnesses under Federal Rule of Evidence 615.

(f) Exchange of Exhibit and Witness Lists. The parties involved in video and in-person conferences and hearings shall exchange proposed witness and exhibit lists and copies of all proposed exhibits, and file such lists and exhibits with the Court at least three business days before a hearing or trial.

(1) Witness and exhibit lists may be combined into one document. Copies of all proposed exhibits shall be attached to such list, and each exhibit must be electronically filed as a separate .pdf document; or as a single .pdf document with each exhibit bookmarked and identified therein. The location of any witness appearing remotely shall be disclosed in the witness list so counsel can coordinate exhibits necessary for that witness.

(2) The moving party in a contested matter and the plaintiff in an adversary proceeding shall identify exhibits in numerical sequence commencing with the number 1. The responding party in a contested matter and the defendant in an adversary proceeding shall identify exhibits in alphabetical sequence commencing with the letter A. If multiple parties are involved, before a hearing or trial, the parties shall determine an identification sequence that eliminates any duplicative sequence.

(3) Failure to timely exchange and file proposed witness and exhibit lists and copies of proposed exhibits in accordance with this Local Rule may result in the Court barring any undisclosed witness testimony and denying the admission of any exhibit not disclosed or exchanged.

(4) Any impeachment exhibits shall be circulated to the Court and counsel at least three days before the scheduled hearing or trial. Each impeachment exhibit shall be separately labeled, in a .pdf format, and password protected. Counsel shall not use the same password for each impeachment exhibit. Counsel shall ensure that all impeachment exhibits are accessible to the witness. If an impeachment exhibit is utilized at the hearing or trial, counsel shall identify it by its title, request the witness to access it, and provide the Court and all parties with the unique password.

(5) Except as the Court may otherwise allow, all exhibits shall be electronically filed.

(6) For purposes of any hearing or trial, counsel for the proponent of the exhibit shall be responsible for ensuring that sufficient copies of any exhibit that may be utilized are available for any witness in the courtroom.

(g) Testimony by Remote Witnesses. The Court will administer the oath to each remote witness during the video hearing, and it shall have the same effect as if the Court swore in the witness in person. The following shall apply as additional safeguards for testimony by Remote Witnesses:

(1) No person, including counsel, shall be permitted to be in the same room with any remote witness unless specifically and expressly authorized by the Court before the Remote Witness begins testifying.

(2) No person shall communicate in any manner with a Remote Witness during his or her testimony, except by direct examination and cross-examination on the record, unless specifically and expressly authorized by the Court before the communication occurs.

(3) Remote Witnesses shall have before them only the exhibits provided to the Court for consideration in connection with the matters set for hearing and no other documents or data.

(4) The Court or any party may request that the Remote Witness display identification or request that one or more participants verify the identity of the Remote Witness if there is any question about the identity of the Remote Witness.

The Court may disqualify any Remote Witness from testifying, enter sanctions, or take other appropriate action if, during testimony by a Remote Witness or otherwise, it is discovered that the Remote Witness is being coached or otherwise communicated to; there is an undisclosed person in the room with the Remote Witness; or the Remote Witness has notes or other documents in their possession that have not been disclosed.

Comment: Each exhibit must be filed or bookmarked separately, so the Court and other parties may easily retrieve each individual exhibit from the electronic filing. Transcripts from Rule 2004 examinations or meeting of creditors pursuant to 11 U.S.C. § 341 creditor meetings used for impeachment purposes do not need to be filed with the Court. Such transcripts only need to be filed with the Court if they will be used for evidentiary purposes.