Local Rule 9013-2: HEARINGS –GENERALLY

RULE 9013-2. HEARINGS –GENERALLY.

(a) Scheduling a Hearing on a Motion. Movant is responsible for scheduling a hearing on any routine, non-evidentiary motion and to serve notice of that hearing. A party may use either the conventional noticing procedure or the default noticing procedure. See Local Rule 9013-3; Local Rule 9013-4. The courtroom deputy will set all other hearings, including evidentiary matters, pre-trial conferences, and scheduling conferences.

(b) Routine, Non-Evidentiary Motions. The Court designates the following to be routine, non-evidentiary motions:

(1) In a Bankruptcy Case. Unless otherwise directed by the Court or provided in these Rules, all motions that do not require the presentation of evidence will be considered routine, non-evidentiary motions. Although motions for relief from stay are considered evidentiary, they are routine; therefore, a movant should treat a motion for relief from stay as routine and schedule the hearing, unless the movant intends to present evidence. See Local Rule 4001-1(g).

(2) In an Adversary Proceeding. All motions in an adversary proceeding are considered non-routine, except for (A) motions to compel, (B) motions to continue or to expedite, (C) motions to withdraw as counsel for the debtor, and (D) any motions which can be scheduled using the default noticing procedure. See Local Rule 9013-4(b). The courtroom deputy will set the hearings for all other adversary proceeding motions.

(c) Form of Hearing Notice.

(1) Generally. For all routine, non-evidentiary motions, the moving party must file and serve a hearing notice. See Local Rule 9013-3 (requirements for noticing a hearing under the conventional procedure); Local Rule 9013-4 (requirements for noticing a hearing under the default procedure); see also Local Form U-1 (model notice of motion under conventional procedure); Local Form U-2 (model notice of motion under default procedures).

(2) Hearing Dates/Times. Court calendar dates and designated times for hearings are posted on the Court's website or may be obtained by contacting the courtroom deputy at (802) 657-6404). Unless a movant obtains Court approval in advance and shows exigent circumstances, the movant should schedule a hearing based on the Court's designated hearing schedule.

(3) Hearing Sites. Matters may be scheduled for hearing at the Rutland or Burlington location, based upon the location of the debtor, unless the Court approves otherwise.

(4) Minimum Notice. Unless a longer period is required by the Code or the Bankruptcy Rules, a movant must serve a notice of the motion at least 14 days before the hearing date. See Bankruptcy Rule 2002; see also Vt. LB Appendix VIII.

(d) Multiple Motions. If a movant files multiple motions at the same time (or close in time) in the same case, they should set all hearings on those motions for the same date, time, and location.

(e) Attendance at Hearings.

(1) A party who initiates or opposes a motion and later decides not to actively pursue its position, must immediately notify all counsel of record, pro se parties, and the Clerk, so that the Court, counsel, and any pro se parties are not required to devote any further attention to the matter. Unless excused by the Court, the Court will treat a party's failure to attend a duly noticed hearing in support of their position as either (1) a waiver of the pleading, motion, objection, or other response, or (2) consent to the granting or sustaining of the relief sought by the attending party and a basis for imposing sanctions.

(2) Counsel must arrange for use of courtroom technology or other audio-visual aid with the courtroom deputy sufficiently in advance of the hearing to allow for the requested equipment to be set up during hours when the Court is not in session.

(3) A party must obtain Court approval to participate remotely in a Court hearing or conference. See Appendix IX.

(f) Rescheduling Hearings; Stipulated and Unstipulated Motions to Reschedule.

(1) If a party files a motion to reschedule a hearing without the consent of opposing counsel, they must also file a notice of hearing and set a hearing on that motion for a date and time before or at the time of the hearing on the underlying motion. Alternatively, a party may file a stipulated motion to reschedule and obtain relief without a hearing for good cause. This requires (1) proof that all parties entitled to notice of a hearing have been served, (2) a description of the facts which show the benefit of, or need for, a rescheduling of the hearing, and (3) evidence that all parties in interest stipulate to the motion or request for relief. No notice of hearing is necessary if the movant files a stipulated motion to reschedule.

(2) No continuance, postponement, or rescheduling will be granted except upon a motion or stipulation showing good cause and, on such terms, and conditions as the Court may impose. Agreement of counsel alone does not constitute good cause.

(3) A request for a continuance based on a conflicting engagement must be accompanied by proof that the other matter was scheduled first and must be filed timely with the Clerk.