Videoconference Hearing Protocol; Chapter 13 Protocol; Evidentiary Protocol

Hon. David E. Rice · U.S. Bankruptcy Court (DMDB)

Role: Bankruptcy Judge

Bluebook Citation: Hon. David E. Rice, Videoconference Hearing Protocol; Chapter 13 Protocol; Evidentiary Protocol, U.S. Bankruptcy Court (DMDB)

Judge Profile: Hon. David E. Rice profile and standing orders

=== Videoconference Hearing Protocol ===

PROTOCOL FOR CONDUCT OF HEARING BY VIDEOCONFERENCE Chief Judge David E. Rice, Effective March 5, 2025 If the Court sets a telephonic or videoconference 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 All parties are strongly encouraged to test their capability to participate via zoom videoconference software on their preferred device and verify that such device has clear audio and video connections prior to the hearing. Each party must connect to the videoconference at least 5 minutes prior to the start time of the scheduled hearing. Parties should wear appropriate courtroom attire out of respect for the Court and the seriousness of the matters being heard, and should present themselves as they would if they were appearing in a physical courtroom. To the extent possible, all parties and witnesses should be alone in a room where there will be no interruptions or distractions for the duration of the hearing. The Court will create an official recording of the videoconference hearing. No party (other than the Court) may record or otherwise capture the audio or video of the hearing in any manner. Parties attending a videoconference hearing before Chief Judge David E. Rice other than a Salisbury confirmation hearing should use the following zoom login information: https://mdb-uscourts.zoomgov.com/j/1619520047?pwd=SElnekdPWFl5TnU4c2ljd2FWYzlwZz09 Meeting ID: 161 952 0047 Passcode: 322806 Parties attending a Salisbury confirmation hearing day should use the following zoom login information: https://mdb-uscourts.zoomgov.com/j/1612802556?pwd=cUdOK0M4YldzUkR6WnA5ellOSkpFdz09 Meeting ID: 161 280 2556 Passcode: 430042 **************** II. Announcement of Participation After the Courtroom Deputy has called the case, she will individually confirm each party’s attendance and ask each individual to enter their appearance and confirm that they are able to hear the audio. Each party who has connected to the hearing must announce their full name, affiliation, and the names of any other individuals watching or listening to the hearing through the participant’s connection. To ensure full transparency, the Courtroom Deputy will also identify all members of the the Court at Court participating the hearing. Participants should email in [email protected] or call the Court at 410.962.4211 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. All parties will begin the videoconference on mute and will need to unmute their device in order to announce their appearance. III. Witnesses and Evidence If participants anticipate their matter will require exhibits or testimony, it must be rescheduled to an in person hearing day. Chief Judge Rice does not allow evidence to be presented by videoconference. the Courtroom Deputy at [email protected] or call the Court at 410.962.7769 to reschedule the hearing. Please contact End of Protocol

=== Chapter 13 Protocol ===

PROTOCOL FOR CHAPTER 13 HEARINGS BEFORE JUDGE RICE Effective January 28, 2025 1. All Chapter 13 confirmation hearings will be in person at the 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 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 Rice’s chambers by email at [email protected].

=== Evidentiary Protocol ===

Evidentiary Protocol Chief Judge Rice’s Courtroom 9-D in Baltimore (Effective November 7, 2024) Any party intending to submit exhibits in an evidentiary hearing or trial before Chief Judge Rice in Courtroom 9-D 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 Chi e f Judge Rice’s Courtroom Deputy, Cherita Scott, at [email protected]. 1. Submitting Exhibits General Requirements: a. All exhibits must be filed on the docket at least seven (7) days before the hearing or by the exhibit submission deadline imposed by a scheduling order in the particular contested matter or proceeding. Parties should then bring the physical copies outlined below on the day of the hearing. EXHIBITS THAT ARE NOT PRE-FILED MAY BE EXCLUDED FROM EVIDENCE. b. An exhibit list that complies with the identification scheme outlined below should be filed on the docket with the exhibits. c. Any objections to exhibits must be filed on the Court’s docket at least two (2) days before the hearing or by the deadline imposed by a scheduling order in the particular contested matter or proceeding. Any exhibits not objected to in writing by the submission deadline may stand as admitted into evidence. d. Any exhibits, including those not objected to, must be moved for admission by the party at the hearing in order to be admitted by the Court. e. The Court should receive three (3) copies of bound or bindered, labeled exhibits. Double sided copies of exhibits are strongly encouraged and binder size should not exceed four (4) inches (use additional binders if necessary to avoid overstuffing so that pages turn easily). Each binder should begin with an exhibit list identifying each exhibit by number and each exhibit should be tabbed with exhibit numbers. f. Parties need not include documents to be used solely for impeachment in exhibit lists and pre-filed exhibits, however, they should bring five (5) copies to the hearing to be labeled and distributed among the parties and the Court. Expedited Matters: g. Hearings on matters that are set for expedited hearing within thirty (30) days of filing such as motions for relief from stay are exempt from the seven-day requirement and parties may bring their exhibits to Court the day of the hearing. h. To aid in resolving matters without a hearing and facilitating stipulations of fact that decrease hearing length for such expedited matters, it is strongly encouraged that parties file an electronic courtesy copy of their exhibits with an accompanying exhibit list on the docket a day or more in advance of the hearing. Page 1 of 2 i. As a reminder, any motion for relief from stay or Chapter 13 confirmation docket matters that are expected to take longer than one (1) hour should be specially set for a different day. Please contact the Courtroom Deputy to reschedule your matter. Specific Requirements: j. Exhibits 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 column should be left blank and is for the Court’s use): Exhibit No. Description Offered Objection Admitted P01 P02 P03 Agreement Amendment No. 1 Letter k. Each exhibit shall be labeled by a tabbed exhibit number and shall include sequential page numbering, i.e. Bates Numbering. 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. Witnesses A witness list must be filed on the Court’s docket at least seven (7) days before the hearing or by the submission deadline imposed by a scheduling order in the particular contested matter or proceeding that is not an expedited matter. WITNESSES THAT ARE NOT INCLUDED ON THE PRE-FILED LIST MAY BE EXCLUDED FROM TESTIFYING. Page 2 of 2

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