Local Rule 9014-1: WHETHER HEARING IS EVIDENTIARY OR PRELIMINARY
Bankr. E.D. Va. — Civil rule
RULE 9014-1 WHETHER HEARING IS EVIDENTIARY OR PRELIMINARY
(A) Discovery in Contested Matters and Relief from Stay Matters: [Repealed]
(B) Whether Hearing is Evidentiary or Preliminary
(1) Except as provided for in the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Local Bankruptcy Rules or as otherwise ordered by the Court on its own motion or on motion of a party, all parties shall be prepared to present evidence and testimony at any scheduled hearing where the hearing has been set on at least 30 days notice unless the parties agree or the Court orders that evidence and testimony will be presented at any scheduled hearing that is set on less than 30 days' notice.
(2) Notwithstanding paragraph (B)(1), a preliminary hearing on a contested motion for relief from stay shall be non-evidentiary unless the Court orders that evidence and testimony will be presented at any such scheduled preliminary hearing.
Comments This new Local Bankruptcy Rule clarifies how the requirements of F.R.Civ.P. 26, as incorporated by reference in FRBP 7026, apply to contested matters. [New rule effective 12/1/00.]
9014-1 This change reflects the addition of FRBP 7026(a)(2) to LBR 9014-1. [Change effective 7/1/02.]
9014-1(B) This new provision is intended to conform the Court's practice to new FRBP 9014(e) regarding whether a hearing will be evidentiary or preliminary so as to avoid unnecessary expense and inconvenience. [New rule effective 8/1/03.]
9014-1 With the amendment to FRBP 9014(c) that became effective December 1, 2004, paragraph (A) is repealed as no longer being needed [Change effective 10/17/05.]
A technical change has been made to the caption at paragraph (A). Stylistic changes have been made to the text of the LBR. [Changes effective 12/01/09.]
9014-1 Paragraph (B) is reorganized with new paragraphs (B)(1) and (B)(2). Paragraph (B)(2) provides that a preliminary hearing on a motion for relief from stay shall be non-evidentiary unless exception set forth therein otherwise occurs. [Changes effective 09/01/11.]