Telephonic and Video Hearings Protocol; Evidentiary Protocols; Chapter 13 Protocols; In Person Protocols; Virtual Evidentiary Protocols for Virtual Hearings; Evidentiary Protocol
Hon. Michelle M. Harner · U.S. Bankruptcy Court (DMDB)
Text
=== Telephonic and Video Hearings Protocol ===
PROTOCOL FOR CONDUCT OF HEARING BY TELECONFERENCE OR VIDEOCONFERENCE (as of May 21, 2021) Under certain circumstances, the Court may authorize a hearing to proceed telephonically or by videoconference. Although typically used in only certain non-evidentiary matters and matters in which all parties are represented by counsel, the Court may, in its discretion, use telephonic or video hearings in additional situations if warranted under the circumstances. If the Court sets a telephonic or video hearing, the following procedures apply, as well as any additional procedures announced prior to or during a hearing in any given case. I. Connecting to Hearing Each individual who is participating in a telephonic or video hearing must register for the hearing by emailing the individual’s name, affiliation, and the case number to the Courtroom Deputy at [email protected]. Registration must be completed at least 72 hours prior to the start time of the hearing (unless the emergency nature of any given hearing makes such timing impractical). Each individual who registers for the telephonic or video hearing will receive connection information for the hearing at least 4 hours prior to the start time of the hearing (unless the emergency nature of any given hearing makes such timing impractical). Note: Following proper registration, the Court may direct non-party individuals to a separate listen-only conference line depending on the nature of the given hearing. Each individual must connect to the telephonic or video hearing at least 10 minutes prior to the start time of the scheduled hearing. The Court will create an official recording of the telephonic or video hearing. No party (other than the Court) may record or otherwise capture the audio or video of the hearing in any manner. II. Announcement of Participation After the Courtroom Deputy has called the case, she will ask all individuals on the telephone or video to enter their appearance. Each individual who has connected to the hearing must announce his or her participation in the hearing, providing full name, affiliation, and the names of any other individuals watching or listening to the hearing through that participant’s connection. In general, appearances should be entered in the following order: (i) all parties associated with the Movant (or the Debtor if general status hearing); (ii) all parties associated with the Respondent (or Creditor if general status hearing); (iii) all parties associated with the case Page 1 of 2 trustee, if any; (iv) all parties associated with the U.S. Trustee, if any; and (v) any other individuals connected to the hearing. The Courtroom Deputy will review this order with participants before commencing the hearing. To ensure full transparency, the presiding Judge will identify all members of the Court participating in the hearing. In addition, the Judge or the Courtroom Deputy may pause the hearing to take a roll call if the video or conference line indicates the addition or deletion of a participant. Participants should email the Court at [email protected] or call the Court at 410.962.2820 if they experience any technical issues during the hearing, including if they are disconnected or cannot enter the hearing. During the hearing, parties must identify themselves before speaking. Parties also should announce their joining or rejoining if the hearing is in progress and, if necessary, request permission to leave or disconnect prior to the end of the hearing (as they would in the courtroom). All participants are asked to place their lines on mute before and during the hearing, unless they are speaking or about to speak. III. Substance of Hearing The Court generally anticipates that most telephonic or video hearings will consist primarily of status reports or oral argument by counsel. To the extent parties need to submit evidence to support their respective positions, they must file on the docket affidavits and authenticated documentary evidence (and serve the same via electronic mail on opposing counsel) in accordance with the Supplemental Protocol. Any affidavits should meet the standards of Civil Rule 56(c)(4), made applicable to bankruptcy matters by Bankruptcy Rule 7056, even if the matter does not involve a motion for summary judgment. Parties otherwise should follow the procedures set forth in the Court’s Supplemental Protocol for Evidentiary Hearing by Videoconference and/or Teleconference, which are posted on the Court’s webpage and may be docketed in the particular case. IV. Compliance Telephonic and video 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 an individual’s conduct makes telephonic or video appearances inappropriate. Page 2 of 2
=== Evidentiary Protocols ===
Evidentiary Protocol Judge Harner’s Courtroom 9-C in Baltimore (as of December 2023) Any party intending to submit exhibits in an evidentiary hearing or trial before Judge Harner in Courtroom 9-C in Baltimore shall follow the procedures outlined below. The Court may, on its own initiative or on the request of a party, excuse a party from complying with these procedures. Any request by a party to be excused from these procedures must be filed with the Court prior to the exhibit submission deadline in the contested matter or adversary proceeding. All questions concerning this Protocol should be submitted to Judge Harner’s Courtroom Deputy, Anna Marie Komisarek, at [email protected]. 1. Submitting Exhibits General Requirements: a. All exhibits must be filed on the Court’s docket at least 7 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. 1. Rebuttal evidence shall be saved to a USB drive and may be submitted during the course of the hearing as directed by the Court. b. A list of exhibits that complies with the identification scheme of this Protocol also must be filed on the Court’s docket at least 7 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. c. Any objections to exhibits must be filed on the Court’s docket at least 2 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. Any exhibits not objected to in writing by the submission deadline may stand as admitted into evidence. Specific Requirements: d. Exhibits shall be filed on the Court’s docket and shall begin with the exhibit list identifying each exhibit by number pursuant to the identification scheme described below. An example of an acceptable exhibit list is as follows (note, the last three columns should be left blank and are for the Court’s use): Exhibit No. Description Offered Objection Admitted P01 P02 P03 Agreement Amendment No. 1 Letter Page 1 of 2 e. Each exhibit shall be labeled by exhibit number, shall include sequential page numbering, and shall be saved as a separate PDF as an attachment to the exhibit list. 2. Exhibit Identification Scheme a. Plaintiff’s and defendant’s exhibits must follow a specific alpha-numeric naming scheme. P01 Plaintiff’s exhibit No.1 P25 Plaintiff’s exhibit No.25 D01 Defendant’s exhibit No.1 b. Additional parties, including any additional plaintiffs, should use separate letters in their alpha-numeric naming scheme. Examples: G01 Government’s exhibits S01 Additional Plaintiff - Smith’s exhibits T01 Additional Defendant - Taylor’s exhibits M01 Movant’s exhibits R01 Respondent’s exhibits 3. Using Exhibits in Court a. Unless otherwise ordered by the Court, the parties and the Court will use the exhibits filed on the Court’s docket during the course of the contested matter or proceeding. No paper exhibits will be used, unless specifically authorized by separate Court order on the docket or oral ruling during a contested matter hearing or proceeding trial. b. Each party must submit to the Clerk’s office at least 5 days before the hearing an unencrypted, non-password-protected USB drive (i.e., thumb drive) containing copies of pre- filed exhibits downloaded from Pacer and shall include the following pre-stamped header information: the case number, document number, filed date, and page numbers. 1. Each exhibit shall be labeled by exhibit number, shall include sequential page numbering, and shall be saved as a separate PDF. 2. USB drives should be labeled with the following information: Case Number, Case Name, and Party submitting the device. 3. USB drives will be returned to parties at the conclusion of the hearing or trial. c. Parties will be responsible for displaying its exhibits on a court issued laptop during the course of the contested matter or proceeding unless the Court otherwise directs prior to the start of the hearing or trial. d. To the extent any discrepancy exists between a pre-filed exhibit on the Court’s docket and a document included on a party’s USB drive, the exhibit on the Court’s docket controls. 4. Witnesses a. A witness list must be filed on the Court’s docket at least 7 days before the hearing or by the submission deadline imposed in the particular contested matter or proceeding. Page 2 of 2
=== Chapter 13 Protocols ===
PROTOCOLS FOR CHAPTER 13 HEARINGS BEFORE JUDGE HARNER Effective January 29, 2025 1. All Chapter 13 confirmation hearings will be in person at the Baltimore Courthouse. These procedures apply to all matters scheduled for hearing on a regular Chapter 13 docket day. 2. Attorneys and their clients (and unrepresented debtors) are expected to work cooperatively with Chapter 13 Trustees to resolve issues by the end of the day before the scheduled hearing. 3. Up until 15 minutes before the scheduled hearing time, the Chapter 13 Trustees will continue to work with parties to resolve issues so that as many cases as possible can be dealt with on a consensual basis at the time of the podium call. If a consensual resolution is reached, the Chapter 13 Trustee will advise parties that they are excused from appearance at the hearing. 4. If the parties expect a confirmation hearing to involve lengthy testimony and the introduction of exhibits, they should contact the Courtroom Deputy at [email protected] and arrange for the hearing to be specially set. 5. Before the judge takes the bench and any cases are called, the Courtroom Deputy and Chapter 13 Trustee will identify the parties, make organizational announcements, and advise the parties of the order in which cases will be called. 6. If you have questions about these procedures, you may contact Judge Harner’s Courtroom Deputy by email at [email protected].
=== In Person Protocols ===
IN-PERSON HEARINGS BEFORE JUDGE HARNER (as of February 2025) Effective February 6, 2025, the following matters and proceedings before Judge Harner will be conducted as in-person hearings or trials in Courtroom 9-C in Baltimore: 1. All trials in adversary proceedings. 2. All hearings concerning motions to lift, modify, or otherwise alter the automatic stay of section 362(a) of the Bankruptcy Code. 3. All Chapter 13 confirmation hearings and chapter 13 related matters scheduled on a Chapter 13 docket day. 4. Certain hearings in contested matters that require the presentation of witness testimony or significant documentary evidence. Any party in interest may, for good cause, request that a hearing be conducted by videoconference by filing on the docket with the Court and serving on all affected parties a Line setting forth the justifications for such request at least seven days prior to the scheduled hearing. The Court will consider any such requests on a case-by-case basis, based on the particular facts and circumstances of the case. The Court may also sua sponte alter the format of any given hearing from an in-person format to one conducted by videoconference based on the particular facts and circumstances of the case, or factors external to the particular case such as weather conditions or public health concerns. The Court has posted protocols governing in-person hearings and trials in Courtroom 9-C in Baltimore on the Court’s website and on the bulletin board by the door to the courtroom. You are encouraged to read these protocols closely. In addition, the Court may require that all or some of the participants or spectators at any hearing or trial wear a mask while in the courtroom. Individuals without a mask appearing for a court hearing or trial where a mask is required will be provided one by the Court. The Court reserves the right to request any party that does not follow the procedures set forth in this Notice or the Court’s protocols to leave the hearing or trial, or to otherwise address any such violations through sanctions or other appropriate and warranted means. Any questions regarding whether a particular hearing or trial is being held in-person in Courtroom 9-C or by videoconference should be directed to [email protected].
=== Virtual Evidentiary Protocols for Virtual Hearings ===
EVIDENTIARY PROTOCOL FOR VIRTUAL HEARINGS BEFORE JUDGE HARNER (as of October 2024) For purposes of any virtual hearing, the following protocols are hereby enacted: I. Stipulations By 12:00 p.m., Prevailing Eastern Time, on the day prior to the hearing, the parties shall file on the docket a stipulation of any uncontested facts with the Court. The parties are directed to confer to that end. By 12:00 p.m., Prevailing Eastern Time, on the day prior to the hearing, the parties shall file on the docket a stipulation as to the admissibility of exhibits, if any, with the Court. The parties are directed to confer to that end. The stipulation must identify the exhibits and mark them in accordance with Section III of this protocol. II. Testimony If permitted for good cause by the Court, direct testimony and cross-examination may be conducted via live witness testimony. Direct testimony may also be provided by way of affidavit or declaration. By 12:00 p.m., Prevailing Eastern Time, on the day prior to the hearing, the parties may file any such affidavits or declarations. III. Exhibits General Requirements: a. All exhibits (other than any rebuttal evidence, which may be submitted during the course of the hearing as directed by the Court) must be filed on the Court’s docket at least three days before the hearing. b. A list of exhibits that complies with the identification scheme of this Protocol also must be filed on the Court’s docket at least three days before the hearing. c. Any objections to exhibits must be filed on the Court’s docket prior to the start of the hearing. Any exhibits not objected to in writing before the hearing may stand as admitted into evidence. Page 1 of 2 Specific Requirements: d. Exhibits shall be filed on the Court’s docket and shall begin with the exhibit list identifying each exhibit by number pursuant to the identification scheme described below. An example of an acceptable exhibit list is as follows (note, the last three columns should be left blank and are for the Court’s use): Exhibit No. D01 D02 D03 Description Offered Objection Admitted Agreement Amendment No. 1 Letter e. Each exhibit shall be labeled by exhibit number, shall include sequential page numbering, and shall be saved as a separate PDF as an attachment to the exhibit list. IV. Exhibit Identification Scheme a. Debtor’s and creditor’s exhibits must follow a specific alpha-numeric naming scheme. D01 Debtor’s exhibit No.1 D25 Debtor’s exhibit No.25 C01 Creditor’s exhibit No.1 V. Witnesses By 12:00 p.m., Prevailing Eastern Time, on the day prior to the hearing, any party wishing to call a witness, including by presenting an affidavit or declaration, must file on the Court’s docket a witness list and supply the following information for each witness: 1. 2. 3. 4. 5. Name and title The location (of the witness (city, state, country) The place from which the witness will testify (e.g., home, office – no addresses) Whether anyone will be in the room with the witness during his/her testimony, and if so, who (name/title/relationship to witness) and for what purpose Whether the witness will have any documents with him/her other than the exhibits filed with the Court in accordance with this protocol, and if so, what documents If the witness has filed an affidavit or declaration relevant to the matters to be heard, the affidavit or declaration must be available to the witness during testimony. Every witness must have available to him/her all exhibits that have been filed with the Court for the purposes of this hearing. Page 2 of 2
=== Evidentiary Protocol ===
Evidentiary Protocol Judge Harner’s Courtroom 9-C in Baltimore (as of December 2023) Any party intending to submit exhibits in an evidentiary hearing or trial before Judge Harner in Courtroom 9-C in Baltimore shall follow the procedures outlined below. The Court may, on its own initiative or on the request of a party, excuse a party from complying with these procedures. Any request by a party to be excused from these procedures must be filed with the Court prior to the exhibit submission deadline in the contested matter or adversary proceeding. All questions concerning this Protocol should be submitted to Judge Harner’s Courtroom Deputy, Anna Marie Komisarek, at [email protected]. 1. Submitting Exhibits General Requirements: a. All exhibits must be filed on the Court’s docket at least 7 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. 1. Rebuttal evidence shall be saved to a USB drive and may be submitted during the course of the hearing as directed by the Court. b. A list of exhibits that complies with the identification scheme of this Protocol also must be filed on the Court’s docket at least 7 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. c. Any objections to exhibits must be filed on the Court’s docket at least 2 days before the hearing or by the exhibit submission deadline imposed in the particular contested matter or proceeding. Any exhibits not objected to in writing by the submission deadline may stand as admitted into evidence. Specific Requirements: d. Exhibits shall be filed on the Court’s docket and shall begin with the exhibit list identifying each exhibit by number pursuant to the identification scheme described below. An example of an acceptable exhibit list is as follows (note, the last three columns should be left blank and are for the Court’s use): Exhibit No. Description Offered Objection Admitted P01 P02 P03 Agreement Amendment No. 1 Letter Page 1 of 2 e. Each exhibit shall be labeled by exhibit number, shall include sequential page numbering, and shall be saved as a separate PDF as an attachment to the exhibit list. 2. Exhibit Identification Scheme a. Plaintiff’s and defendant’s exhibits must follow a specific alpha-numeric naming scheme. P01 Plaintiff’s exhibit No.1 P25 Plaintiff’s exhibit No.25 D01 Defendant’s exhibit No.1 b. Additional parties, including any additional plaintiffs, should use separate letters in their alpha-numeric naming scheme. Examples: G01 Government’s exhibits S01 Additional Plaintiff - Smith’s exhibits T01 Additional Defendant - Taylor’s exhibits M01 Movant’s exhibits R01 Respondent’s exhibits 3. Using Exhibits in Court a. Unless otherwise ordered by the Court, the parties and the Court will use the exhibits filed on the Court’s docket during the course of the contested matter or proceeding. No paper exhibits will be used, unless specifically authorized by separate Court order on the docket or oral ruling during a contested matter hearing or proceeding trial. b. Each party must submit to the Clerk’s office at least 5 days before the hearing an unencrypted, non-password-protected USB drive (i.e., thumb drive) containing copies of pre- filed exhibits downloaded from Pacer and shall include the following pre-stamped header information: the case number, document number, filed date, and page numbers. 1. Each exhibit shall be labeled by exhibit number, shall include sequential page numbering, and shall be saved as a separate PDF. 2. USB drives should be labeled with the following information: Case Number, Case Name, and Party submitting the device. 3. USB drives will be returned to parties at the conclusion of the hearing or trial. c. Parties will be responsible for displaying its exhibits on a court issued laptop during the course of the contested matter or proceeding unless the Court otherwise directs prior to the start of the hearing or trial. d. To the extent any discrepancy exists between a pre-filed exhibit on the Court’s docket and a document included on a party’s USB drive, the exhibit on the Court’s docket controls. 4. Witnesses a. A witness list must be filed on the Court’s docket at least 7 days before the hearing or by the submission deadline imposed in the particular contested matter or proceeding. Page 2 of 2