Local Rule LBR 9074-1: Telephone Conferences

Rule 9074-1 Telephone Conferences

(a) Request for Telephonic Proceedings. A party may request that a hearing or conference be conducted by telephone. The request must be made in writing no less than three (3) days prior to the scheduled hearing, unless otherwise authorized by the court. The court will determine whether to grant the request on the basis of, inter alia, conservation of the time and resources of the parties and the court.

(b) Scheduling a Telephonic Appearance. If the telephonic appearance is granted by the court, it will only be allowed through Court Call at (866) 582-6878 not later than 3:00 P.M. the court day prior to the hearing date.

(c) Procedure for Telephonic Appearance Using Court Call. Court Call will provide counsel with written confirmation of a telephonic appearance and give counsel a number to call to make the telephonic appearance. It is counsel's responsibility to dial into the call not later than ten (10) minutes prior to the scheduled hearing. Court Call does not place a call to counsel.

Telephonic appearances are connected directly with the courtroom's public address system and electronic recording equipment so that a normal record is produced. To ensure the quality of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited except in the most extreme emergencies. Participants should be able to hear all parties without difficulty or echo.

At the time of your hearing, you may initially be in the listening mode in which case you will be able to hear the case before yours just as if you were in the courtroom. After your call is connected to the courtroom, the judge will call the case, request appearances, and direct the manner in which the hearing proceeds. Each time you speak, you should identify yourself for the record. The court's teleconferencing system allows more than one speaker to be heard, so the judge can interrupt a speaker to ask a question or redirect the discussion. When the judge informs the participants that the hearing is completed, you may disconnect and the next case will be called.

Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from the required procedures or the court determines that a person's conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or permanent prohibition against a person appearing telephonically.

(d) Reliance on Written Submissions and Use of Exhibits. Copies of any written submission or exhibit to be considered in connection with a matter scheduled for a telephonic hearing or conference must be filed with the clerk and served upon the parties in a timely fashion in accordance with LBR 9070-1.

(e) Duty of Movant and Counsel to be Available. Upon the filing of a request for a telephone conference, movant and counsel have a duty to be and remain available for immediate hearing or contact by the court with respect to their request.