Local Rule 9014-1: CONTESTED MATTERS

RULE 9014-1. CONTESTED MATTERS.

(a) Attendance of Witnesses.

(1) Court Designated Evidentiary Hearing. The Court may schedule an evidentiary hearing in any matter. In such an instance, at least 14 days prior to the hearing or any shorter period as the Court may set or approve, each party to the evidentiary hearing must file with the Clerk, and serve upon the other interested parties, a list of witnesses each party intends to call to testify. See subparagraph (2) below; see also Local Form V. Unless so designated on the Court's calendar, hearings are not evidentiary hearings. See Local Rule 9013-2(b). There is one exception: final hearings on motions for relief from stay are evidentiary hearings per Local Rule 4001-1(g). While a chapter 12 or 13 confirmation hearing in which an objection is filed is treated as a contested matter under the Bankruptcy Rules, the Court will treat the initial confirmation hearing as a hearing either for legal argument only, or as a status conference. Any evidentiary hearing necessitated by an objection to confirmation will be set for a later date. In such an instance, the Court will direct whether the parties need to file a Bankruptcy Rule 9014(e) notice of evidentiary hearing.

(2) How to Request an Evidentiary Hearing. A party must contact the courtroom deputy to schedule an evidentiary hearing. After scheduling a hearing with the courtroom deputy, the requesting party must file with the Clerk, and serve upon all parties in interest, a notice of evidentiary hearing. Such notice must be filed at least seven days before the hearing, or such shorter time as the Court directs, and must include:

(A) the date and time of the scheduled hearing (set by the courtroom deputy);

(B) the matter or motion that is the subject of the hearing (with reference to the docket number);

(C) the amount of time they wish the Court to allocate for the hearing;

(D) whether the requesting party has coordinated the request for an evidentiary hearing with opposing counsel and any other parties in interest;

(E) the witness(es) the requesting party will call to testify;

(F) the response deadline to the notice (no later than three business days before the hearing);

(G) any other information the requesting party believes is relevant to the request for the evidentiary hearing; and

(H) whether the evidentiary hearing is being held in lieu of a previously scheduled hearing.

See Local Form V.

(3) Additional Time and/or Witness(es). If a party in interest seeks more time than is allocated in the notice of evidentiary hearing, or intends to call additional witnesses to testify at the evidentiary hearing, that party must contact the courtroom deputy at least seven days prior to the hearing to determine if or when additional time is available for the hearing, and file and serve a supplemental notice of evidentiary hearing at least three business days prior to date set for the evidentiary hearing.

(4) Stipulation. Whenever possible, parties should file a stipulated notice of evidentiary hearing. Parties must coordinate the scheduling of an evidentiary hearing with the courtroom deputy, regardless of whether the hearing is requested by one party or by stipulation of multiple parties.

(5) Court's Discretion. The scheduling, noticing, approval, and scope of an evidentiary hearing are within the discretion of the Court and may vary from the notice filed by the parties.