Videoconference Hearing Protocol; In Person Hearing Protocol; Hybrid Hearing Protocol; Chapter 13 Protocol

=== Videoconference Hearing Protocol ===

PROTOCOL FOR VIDEOCONFERENCE HEARINGS BEFORE THE HONORABLE LORI S. SIMPSON I. CONDUCT OF VIDEOCONFERENCE HEARINGS Chapter 13 hearings: All matters scheduled for hearing on a regular Chapter 13 docket day will be conducted using Zoom for Government videoconference technology (“ZoomGov”). Other hearings: A hearing will be conducted using ZoomGov only if the hearing notice on the case docket states that the hearing will be conducted by videoconference or if the Court advises the parties in writing that the hearing will be conducted by videoconference. II. HEARING ACCESS Chapter 13 hearings: The Chapter 13 trustee will communicate the log-in information (ZoomGov meeting ID number and password) to parties. Other hearings: Parties must register for a hearing no later than 48 hours prior to the hearing at: Morning Docket (Zoomgov registration) Afternoon Docket (Zoomgov registration) After registering, a party will receive the ZoomGov meeting ID and password from ZoomGov by email. Registering at the link provided allows access to virtual hearings set by the Court but does not constitute the self-scheduling of a hearing or otherwise impact the Court’s official hearings schedule in any manner. III. OBLIGATION TO MEET AND CONFER PRIOR TO HEARING Chapter 13 hearings: Parties are expected to work cooperatively with the Chapter 13 trustee to resolve issues by the end of the day before the scheduled hearing. If a consensual resolution is reached, the Chapter 13 trustee will advise parties that they are excused from appearance at the hearing. If the parties are not advised by the Chapter 13 trustee that they are excused, they are expected to appear for the hearing. Other hearings: Parties to a dispute or contested matter are expected to meet and confer in person, telephonically, or by videoconference prior to the hearing in an attempt to resolve the dispute or contested matter and identify and narrow any factual or legal issues. A hearing will remain on the Court’s calendar unless the Court grants a motion to continue, issues a notice that the hearing has been rescheduled, makes a notation on the docket via CM/ECF that the hearing is cancelled, and/or confirms by email or in an order that the hearing is cancelled. IV. PRE-HEARING PLANNING AND HEARING RECORD All parties are expected to test their capability to participate via ZoomGov videoconference software on their preferred device and verify that such device has clear audio and video connections and is fully charged prior to the hearing. Parties are expected to connect to the videoconference at least 15 minutes prior to the start time of the hearing and appear with video capabilities. Parties are reminded that a videoconference hearing is still an official Court hearing. Accordingly, parties are expected to wear appropriate attire, present themselves as they would if they were appearing in a physical courtroom, and participate from a quiet space with 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. V. PARTICIPATION IN HEARING After the Courtroom Deputy has called the case, she will ask each individual to enter his or her appearance by stating his or her full name, affiliation, and the names of any other individuals watching or listening to the hearing through that participant’s connection. All participants should do the following during the hearing: • Ensure that their first and last names appear for their device on ZoomGov; • Announce themselves after 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); • Place their lines on mute before and during the hearing unless they are speaking or about to speak; and • Keep their video on for the entire duration of the hearing. • Wear appropriate attire and present themselves as they would if they were appearing in a physical courtroom. The Court will dismiss parties from the videoconference when their hearing is completed. VI. WITNESSES AND EXHIBITS The Court generally anticipates that videoconference hearings will consist of status reports or oral argument by counsel and that evidentiary hearings will be held in person. However, if the Court does hold an evidentiary hearing by videoconference, the following will apply. Prior to any hearing, parties are expected to discuss all witnesses and exhibits they propose to use at the hearing and, to the greatest extent possible, address any evidentiary objections, reach agreement on admissibility of exhibits, and compile a single electronic packet of agreed exhibits. Unless otherwise set forth in a scheduling order, at least three (3) business days prior to the scheduled hearing, all parties shall: 1. 2. 3. 4. File a witness list on the case docket; File an exhibit list on the case docket, attach each exhibit to the list as a separate PDF, and label each exhibit with an exhibit number (include any affidavits and authenticated documentary evidence); Serve the witness list, exhibit list, and exhibits by email on all counsel and unrepresented parties with an interest in the dispute(s) being heard; and Ensure that any witness the party intends to call at the hearing has a copy of all exhibits filed by all parties in connection with the matter to be heard. Any affidavits used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. A party need not include documents to be used solely for impeachment or rebuttal in its exhibit list and pre-filed exhibits. If an exhibit is not included in the pre-filed exhibits because it is being used solely for impeachment or rebuttal, prior to using the document at a videoconference hearing, the examining party must submit by email an electronic copy of the impeachment exhibit to all participating counsel, any unrepresented parties, and Judge Simpson’s Courtroom Deputy ([email protected]), identified with the party’s next exhibit number. The Court will require verification that all participating counsel and unrepresented parties have obtained the document before the examination may proceed. Parties are encouraged to send an impeachment or rebuttal document several minutes before the planned use, where feasible, to allow the hearing to proceed in a timely manner. After the conclusion of the hearing, a party using impeachment or rebuttal documents must file on the case docket via CM/ECF a supplemental exhibit list and attach all impeachment and rebuttal documents identified and/or admitted. All exhibits must be clearly marked, preferably with an electronic header/footer. Exhibits offered jointly by the parties shall be marked “Joint Exhibit. ” Exhibits offered by only one party shall be marked “[Party]’s Exhibit X” (ex. “Debtor’s Exhibit 1”). Any exhibit that is not pre-filed as set forth herein may be excluded from evidence. VII. COMPLIANCE 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 video appearances inappropriate. VIII. TECHNICAL ISSUES AND QUESTIONS Participants should email the Courtroom Deputy at [email protected] or call Chambers at (301) 344-8040 if they experience any technical issues during the hearing, including if they are disconnected or cannot enter the hearing, or if they have questions about this hearing protocol. Last revised 11/13/24

=== In Person Hearing Protocol ===

PROTOCOL FOR IN PERSON HEARINGS BEFORE THE HONORABLE LORI S. SIMPSON I. CONDUCT OF IN PERSON HEARINGS A hearing will be conducted in person (as opposed to by videoconference) if the hearing notice on the case docket states that the hearing will be conducted in person or if the Court advises the parties in writing that the hearing will be conducted in person. II. OBLIGATION TO MEET AND CONFER PRIOR TO HEARING Parties to a dispute or contested matter are expected to meet and confer in person, telephonically, or by videoconference prior to the hearing in an attempt to resolve the dispute or contested matter and identify and narrow any factual or legal issues. A hearing will remain on the Court’s calendar unless the Court grants a motion to continue, issues a notice that the hearing has been rescheduled, makes a notation on the docket via CM/ECF that the hearing is cancelled, and/or confirms by email or in an order that the hearing is cancelled. III. PRE-HEARING PLANNING AND HEARING RECORD Parties are expected to arrive at the courtroom at least 15 minutes prior to the start time of the hearing, wear appropriate attire, and observe the formal decorum of the Court. The Court will create an official recording of the hearing. No party (other than the Court) may record or otherwise capture the audio or video of the hearing in any manner. IV. PARTICIPATION IN HEARING After the Courtroom Deputy has called the case, she will ask each individual to enter his or her appearance by stating his or her full name, affiliation, and the names of any other individuals appearing at counsel table with him or her. Parties should wear appropriate attire and present themselves appropriately in the courtroom. The Court will dismiss parties from the courtroom when their hearing is completed. V. WITNESSES AND EXHIBITS Prior to any hearing, parties are expected to discuss all witnesses and exhibits they propose to use at the hearing and, to the greatest extent possible, address any evidentiary objections, reach agreement on admissibility of exhibits, and compile a single electronic packet of agreed exhibits. Unless otherwise set forth in a scheduling order, at least three (3) business days prior to the scheduled hearing, each party shall: 1. File a witness list on the case docket; 2. 3. File an exhibit list on the case docket, attach each exhibit to the list as a separate PDF, and label each exhibit with an exhibit number (include any affidavits and authenticated documentary evidence); and Serve the witness list, exhibit list, and exhibits by email on all counsel and unrepresented parties with an interest in the dispute(s) being heard. Any affidavits used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a party intends to introduce a certified copy of a document, the party must include a photocopy in the pre-filed exhibits and bring the original certified copy to the hearing. A party need not include documents to be used solely for impeachment or rebuttal in its exhibit list and pre-filed exhibits. After the conclusion of the hearing, a party using impeachment or rebuttal documents must file on the case docket via CM/ECF a supplemental exhibit list and attach all impeachment and rebuttal documents identified and/or admitted. All exhibits must be clearly marked, preferably with an electronic header/footer. Exhibits offered jointly by the parties shall be marked “Joint Exhibit. ” Exhibits offered by only one party shall be marked “[Party]’s Exhibit X” (ex. “Debtor’s Exhibit 1”). Any exhibit that is not pre-filed as set forth herein may be excluded from evidence. VI. QUESTIONS Participants should email the Courtroom Deputy at [email protected] or call Chambers at (301) 344-8040 if they have questions about this hearing protocol. Last revised 11/13/24

=== Hybrid Hearing Protocol ===

PROTOCOL FOR HYBRID HEARINGS BEFORE THE HONORABLE LORI S. SIMPSON I. CONDUCT OF HYBRID HEARINGS A hybrid hearing is a hearing conducted in person and for which the Court grants prior permission for an attorney or a party to appear using ZoomGov. The Court will conduct a hybrid hearing in very limited circumstances and only when the hearing notice on the case docket states that the hearing will be conducted as a hybrid hearing or if the Court advises the parties in writing prior to the hearing that the hearing will be conducted as a hybrid hearing. A witness must testify in open court absent good cause in compelling circumstances and with appropriate safeguards as set forth in Federal Rule of Civil Procedure 43(a). Convenience and cost to attend do not constitute compelling circumstances. Any request for permission for an attorney or a party to appear at a hybrid hearing using ZoomGov should be directed to [email protected] as early as possible with a copy of the email being sent to all counsel and unrepresented parties with an interest in the dispute(s) being heard. The later an attorney or party requests to appear using ZoomGov for a hybrid hearing, the less likely the request will be granted. II. HEARING ACCESS Any attorney or party who is granted permission to participate in a hybrid hearing using ZoomGov must register for the hearing no later than 48 hours prior to the hearing at: Morning Docket (Zoomgov registration) Afternoon Docket (Zoomgov registration) After registering, a party will receive the ZoomGov meeting ID and password from ZoomGov by email. Registering at the link provided allows access to videoconference and hybrid hearings set by the Court but does not constitute the self-scheduling of a hearing or otherwise impact the Court’s official hearings schedule in any manner. III. OBLIGATION TO MEET AND CONFER PRIOR TO HEARING Parties to a dispute or contested matter are expected to meet and confer in person, telephonically, or by videoconference prior to the hearing in an attempt to resolve the dispute or contested matter and identify and narrow any factual or legal issues. A hearing will remain on the Court’s calendar unless the Court grants a motion to continue, issues a notice that the hearing has been rescheduled, makes a notation on the docket via CM/ECF that the hearing is cancelled, and/or confirms by email or in an order that the hearing is cancelled. IV. PRE-HEARING PLANNING AND HEARING RECORD Any attorney or party who is granted permission to participate in a hybrid hearing using ZoomGov is expected to test their capability to participate via ZoomGov videoconference software on their preferred device and verify that such device has clear audio and video connections and is fully charged prior to the hearing. Such persons are expected to connect to the hybrid hearing using ZoomGov at least 15 minutes prior to the start time of the hearing and appear with video capabilities. A hybrid hearing is still an official Court hearing. Accordingly, anyone participating in a hybrid hearing using ZoomGov is expected to wear appropriate attire, present themselves as they would if they were appearing in a physical courtroom, and participate from a quiet space with no interruptions or distractions for the duration of the hearing. The Court will create an official recording of the hearing. No party (other than the Court) may record or otherwise capture the audio or video of the hearing in any manner. V. PARTICIPATION IN HEARING After the Courtroom Deputy has called the case, she will ask each individual to enter his or her appearance by stating his or her full name, affiliation, and the names of any other individuals watching or listening to the hearing through that participant’s connection. All participants appearing by ZoomGov should do the following during the hearing: • Ensure that their first and last names appear for their device on ZoomGov; • Announce themselves after 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); • Place their lines on mute before and during the hearing unless they are speaking or about to speak; and • Keep their video on for the entire duration of the hearing. • Wear appropriate attire and present themselves as they would if they were appearing in a physical courtroom. The Court will dismiss parties when their hearing is completed. VI. PRE-FILING OF WITNESS LIST, EXHIBIT LIST, AND EXHIBITS Prior to any hearing, parties are expected to discuss all witnesses and exhibits they propose to use at the hearing and, to the greatest extent possible, address any evidentiary objections, reach agreement on admissibility of exhibits, and compile a single electronic packet of agreed exhibits. Unless otherwise set forth in a scheduling order, at least three (3) business days prior to the scheduled hearing, all parties shall: 1. 2. 3. 4. File a witness list on the case docket; File an exhibit list on the case docket, attach each exhibit to the list as a separate PDF, and label each exhibit with an exhibit number (include any affidavits and authenticated documentary evidence); Serve the witness list, exhibit list, and exhibits by email on all counsel and unrepresented parties with an interest in the dispute(s) being heard; and Ensure that any witness the party intends to call at the hearing has a copy of all exhibits filed by all parties in connection with the matter to be heard. Any affidavits used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. A party need not include documents to be used solely for impeachment or rebuttal in its exhibit list and pre-filed exhibits. If an exhibit is not included in the pre-filed exhibits because it is being used solely for impeachment or rebuttal, prior to using the document at a hybrid hearing, the examining party must submit by email an electronic copy of the impeachment exhibit to all participating counsel, any unrepresented parties, and Judge Simpson’s Courtroom Deputy ([email protected]), identified with the party’s next exhibit number. The Court will require verification that all participating counsel and unrepresented parties have obtained the document before the examination may proceed. Parties are encouraged to send an impeachment or rebuttal document several minutes before the planned use, where feasible, to allow the hearing to proceed in a timely manner. After the conclusion of the hearing, a party using impeachment or rebuttal documents must file on the case docket via CM/ECF a supplemental exhibit list and attach all impeachment and rebuttal documents identified and/or admitted. All exhibits must be clearly marked, preferably with an electronic header/footer. Exhibits offered jointly by the parties shall be marked “Joint Exhibit. ” Exhibits offered by only one party shall be marked “[Party]’s Exhibit X” (ex. “Debtor’s Exhibit 1”). Any exhibit that is not pre-filed as set forth herein may be excluded from evidence. VII. COMPLIANCE Appearances by ZoomGov are possible only when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from these required procedures or the Court determines that an individual’s conduct makes appearance by ZoomGov inappropriate. VIII. TECHNICAL ISSUES AND QUESTIONS Participants appearing in a hybrid hearing using ZoomGov should email the Courtroom Deputy at [email protected] or call Chambers at (301) 344-8040 if they experience any technical issues during the hearing, including if they are disconnected or cannot enter the hearing, or if they have questions about this hearing protocol. Last revised 11/13/24

=== Chapter 13 Protocol ===

PROTOCOL FOR CHAPTER 13 HEARINGS BEFORE JUDGE SIMPSON Effective April 14, 2021 1. All Chapter 13 confirmation hearings and related hearings heard on Chapter 13 Docket Days 0F (“Zoomgov”) videoconference technology. 1 will be conducted remotely by use of Zoom for Government 2. The Court will establish a Zoomgov meeting for each Chapter 13 Trustee’s docket. The log-in information (Zoomgov meeting number and password) will be communicated to parties by the Chapter 13 Trustee. 3. 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. 4. Up until 30 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. 5. 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. 6. All parties should connect to the Zoomgov videoconference hearing at least 10 minutes prior to the scheduled hearing time. 7. All attorneys, clients, and other parties are expected to adhere to social distancing and other safety guidelines, as well as any applicable orders restricting activities, when participating in the Zoomgov videoconference hearing. 8. 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. 9. All parties will be placed on mute until their case is called and they are called upon by the judge. 10. The Court will dismiss parties from the Zoomgov videoconference as cases are completed. 11. Parties shall participate by videoconference (i.e., not by telephone only), wear court appropriate attire, and participate from a quiet space. 12. If you have questions about these procedures, you may contact Judge Simpson’s chambers by email at [email protected]. You should also review the Court’s general videoconference protocols available on the Court’s webpage at www.mdb.uscourts.gov/hearings. 1 The Court sets most Chapter 13 matters on a Chapter 13 Docket Day, including, but not limited to, confirmation of Chapter 13 plans, motions to modify plans, Chapter 13 trustee’s motions to dismiss, and motions to sell. 13. If parties encounter technical difficulties during a Zoomgov videoconference hearing, they may contact Judge Simpson’s chambers at (301) 344-8040, or via email using the [email protected] email address. 14. These procedures for regularly scheduled Chapter 13 confirmation hearings will remain in effect until further notice. End of Protocol Page 2 of 2