Local Rule Rule 9017-1: Means of Conducting Hearings and the Taking of Testimony

Rule 9017-1. Means of Conducting Hearings and the Taking of Testimony NOTE: Rule 9017-1 applies to hearings or trials scheduled for on or after September 21, 2023.

(a) The Court may allow remote participation for individual hearings or trials. In hearings and trials for which the Court authorizes remote participation, the Court's audio and video connections may be utilized only by

(1) the parties to the proceeding;

(2) other parties-in-interest, including creditors and interest holders;

(3) attorneys, other professionals and their staff acting on behalf of a party or a party-in-interest;

(4) witnesses;

(5) other persons necessary to conduct the hearing or trial; and

(6) other persons as specifically authorized by the Court.

(b) The presiding judge's individual procedures (accessible on that judge's home page) determine whether remote participation is authorized. Those procedures may be varied by a case-specific order.

(c) FED. R. CIV. P. 43 applies to the taking of testimony. If the Court determines that emergency consideration of a matter is required, witness testimony will be allowed remotely. In all other instances, the party choosing to call a witness to testify remotely must first demonstrate that good cause in compelling circumstances exists and that appropriate safeguards have been established.

(1) At a minimum, appropriate safeguards will include assurances that the witness will be giving testimony independently and with no assistance or coaching by others.

(2) Good cause in compelling circumstances may be shown:

(A) At the scheduled hearing or trial, by a demonstration of the good cause in compelling circumstances;

(B) By filing of a "Notice of Intent to Call Live Witness by Telephone and Video Technology" in the form published on the Court's website at least 7 days prior to the scheduled hearing or trial. Any party-in-interest may object to the Notice within 3 days of the filing of the Notice. If no party-in-interest files a timely objection, the witness will be allowed to testify remotely using the Court's audio and video connections. If a party-in-interest files a timely objection, the Court will rule on the objection prior to or at the scheduled hearing or trial.

(C) If the Court does not authorize the testimony to be taken remotely, the Court will schedule a date for the witness's testimony. Both the witness and the objecting party-in-interest must appear in person at the scheduled date.

(d) This rule supersedes General Orders 2020-4 and 2020-20. General Order 2021-5 is superseded only to the extent this Rule 9017-1 conflicts with General Order 2021-5.