Virtual Hearing Protocol; In-Person Evidentiary Hearing Protocol; Chapter 13 Protocol; here
Hon. Nancy V. Alquist · U.S. Bankruptcy Court (DMDB)
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=== Virtual Hearing Protocol ===
PROTOCOL FOR CONDUCTING HEARINGS AND TRIALS BY USE OF REMOTE VIDEO (“REMOTE HEARINGS”) Judge Nancy V. Alquist (Updated March 10, 2021) These Protocols shall govern the conduct of and participation at Remote Hearings.1 Attorneys, witnesses, and parties that need to participate in the Remote Hearing, shall participate by video-conference. Individuals who wish to attend the hearing, but will not otherwise participate, may join the hearing by audio only. Any person who wishes to participate in or attend the Remote Hearing must register at https://usbcmd.wufoo.com/forms/z1t9dcdo11c2n5y/ at least 48 hours before the scheduled Remote Hearing. The information to join the Remote Hearing will be provided to registered participants by the Courtroom Deputy approximately three (3) hours prior to the Remote Hearing. I. Audio Participation Individuals listening to the Remote Hearing by audio must call in at least 15 minutes prior to the scheduled start time. II. Video Participation The Remote Hearing will be held using the Court’s Zoom for Government platform (“Zoom”). Prior to the Remote Hearing, all parties shall familiarize themselves with Zoom, ensure that they have Zoom downloaded on the device that they will use to attend the hearing, and ensure that the device they will use is charged or that they have access to an electrical outlet. Each party must connect to the Remote Hearing at least 30 minutes prior to the start time of the Remote Hearing. Each party and their counsel will remain in the waiting room until their matter is called by the Courtroom Deputy. After the Courtroom Deputy has called the case, the Court will take a roll of the parties participating by video-conference. At that time, counsel will enter their appearance. Each party who has connected to the Remote Hearing must announce their participation, providing their full name, affiliation, and the names of any other individuals watching or listening to the Remote Hearing through the participant’s connection. 1 Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 9017) permits witness testimony remotely for good cause in compelling circumstances and with appropriate safeguards. All participants must mute their audio during the Remote Hearing, unless they are speaking or about to speak. At the conclusion of their specific matter at the Remote Hearing, the party and their counsel will be excused and shall leave the Remote Hearing. Direct testimony shall be provided by way of affidavit or declaration only. The parties shall file all affidavits and/or declarations at least 24 hours prior to the Remote Hearing. Cross- examination and/or rebuttal will be conducted via live testimony. The witness must attend and be prepared to testify. Witnesses should attend by video-conference. If a witness is unable to attend by video-conference, the attorney calling the witness must notify the Court at least 48 hours prior to the Remote Hearing and request permission for the witness to appear by audio. The witness must be alone in a room during his or her testimony, with the exception, if appropriate, of the witness’s attorney or court-approved translator. If the attorney or a translator will be present in the same room, the attorney presenting the witness must notify the Court at least 24 hours prior to the Remote Hearing. The witness may not be given assistance or “coached” in the substance of his or her testimony, whether via email, text messaging, notes, or any other form of assistance. The witness should be prepared to present a valid form of government issued photographic identification, such as a driver’s license or passport, at the Remote Hearing. All participants appearing by videoconference must wear appropriate Courtroom attire and present themselves as if they were present in the physical Courtroom. Participants should email the Court at [email protected] if they experience any technical issues during the Remote Hearing, including if they are disconnected or cannot enter the Remote Hearing. III. Evidentiary Remote Hearings A. Stipulations The parties are strongly encouraged to stipulate to any uncontested facts and the admissibility of evidence and are directed to confer regarding such stipulations prior to the Remote Hearing. At least 24 hours prior to the Remote Hearing, the parties shall file a Stipulation of Uncontested Facts and the Admissibility of Exhibits. The stipulation must identify the exhibits and mark them in accordance with Section III(B) of these protocols. If the parties are unable to stipulate to uncontested facts and/or the admissibility of exhibits, the parties must file a Line containing a certification that, despite a good faith conference, the parties were unable to stipulate to any uncontested facts and/or the admissibility of any exhibits. Such Line must be filed at least 24 hours prior to the Remote Hearing. B. Exhibits All exhibits must be clearly marked and organized as follows: 1. Exhibits offered jointly by the Parties shall be marked “Joint Exhibit __” 2. Exhibits offered solely by a party shall be marked “[Party’s Name] __” 2 All exhibits, EXCEPT FOR REBUTTAL OR IMPEACHMENT EXHIBITS, must be filed and electronic copies circulated to all parties and their counsel at least 24 hours prior to the Remote Hearing. Further, every party, counsel, and witness is responsible for having copies of all filed exhibits available to himself or herself during the Remote Hearing. Counsel need not include documents to be used solely for impeachment in exhibit lists and pre-filed exhibits. If the exhibit is not included in the pre-filed exhibits, prior to using the document at a virtual hearing, examining counsel must submit by email an electronic copy of the the courtroom deputy at impeachment exhibit exhibit [email protected], number. Alternatively, if instructed by the presiding judge, counsel must file the document on CM/ECF. The judge will require verification that participating counsel have obtained the document before the examination may proceed. Counsel are encouraged to send the document at least several minutes before the planned use, where feasible. to participating counsel and with identified to the party’s next C. Witnesses At least 24 hours prior to the Remote Hearing, any party wishing to call a witness must file 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 Every witness must have available to himself or herself all exhibits which have been submitted to the Court for the purposes of the Remote Hearing. IV. Compliance Remote Hearings with multiple participants are only feasible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from these protocols or the Court determines that an individual’s conduct is inappropriate. END OF PROTOCOL 3
=== In-Person Evidentiary Hearing Protocol ===
Evidentiary Protocol Judge Alquist’s Courtroom 2-A in Baltimore (as of January 12, 2024) Any party intending to submit exhibits in an evidentiary hearing or trial before Judge Alquist in Courtroom 2-A 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 Alquist’s Courtroom Deputy, Joyce Yalley, 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 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. Page 1 of 2 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 Protocol ===
PROTOCOL FOR CHAPTER 13 HEARINGS BEFORE JUDGE NANCY V. ALQUIST 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 Alquist’s Courtroom Deputy by email at [email protected].
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UNITED STATES BANKRUPTCY COURT OFFICE OF THE CLERK DISTRICT OF MARYLAND Telephonic Court Appearance Procedures For Judge Nancy V. Alquist The U.S. Bankruptcy Court for the District of Maryland has arranged for attorneys to participate by telephonic appearance in certain hearings for Judge Alquist using CourtCall, an independent conference call company. I. Policies Governing Telephonic Court Appearances Telephonic appearances are allowed in all matters before the court except the following: 1. Trials and evidentiary hearings - all counsel and witnesses must appear in person; 2. Chapter 11 confirmation hearings - debtor, debtor’s counsel, and all objecting parties must appear in person; 3. Hearings on reaffirmation agreements - debtor must appear in person; 4. Chapter 13 confirmation hearings; 5. Motions hearings, including motions to lift the automatic stay, require in person appearance by movant's counsel, any witnesses and debtor. If no evidence is to be presented, or if counsel waives the right to participate in the presentation of any evidence, counsel may participate by telephone on a case by case basis upon review by the Judge; 6. No witness in any court hearing may appear telephonically; 7. Any matter designated by the Court as one requiring a personal appearance; Only telephonic appearances through Courtcall will be allowed, pursuant to procedures set forth in section III. Attorneys filing a motion, application, or other pleading may participate by telephonic appearance. Any attorney not submitting a pleading, but interested in monitoring the Court’s proceedings, may participate by telephonic appearance in “listen-only” mode. Parties representing themselves must appear in person. If an attorney schedules a telephonic appearance and fails to respond when the matter for which they are scheduled is called, the Court may proceed with the hearing or may treat the failure to respond as a failure to appear. Attorneys making use of the conference call service are cautioned that they do so at their risk. Telephonic Court Appearance Procedures December 2020 Page 2 of 3 To ensure the quality of the record, the use of cellular phones, speaker phones, car phones, or phones in other public places is prohibited. When speaking, an attorney must identify himself/herself for the record. Courtcall conference calls must not be placed on hold at any time. When the Judge informs the participants that the hearing is completed, attorneys may disconnect. Under no circumstances may any participant record or broadcast the proceedings conducted by the Bankruptcy Court. II. Scheduling a Telephonic Appearance Attorneys scheduled for a telephonic appearance must email the courtroom deputy no later than 24 hours prior to the hearing time to inform them of the attorney’s intention to appear telephonically. The email notification must include the hearing date and time, the case name and number and the name and telephone number of the attorney appearing. Brenda Wolfe, the courtroom deputy, can be reached at [email protected]. Attorneys must also contact Courtcall directly by telephone, email or fax no later than 24 hours prior to the court hearing date. Telephone: Email: Fax: (866) 582-6878 [email protected] (866) 533-2946 Attorneys must pay by credit card for each appearance, but can sign a credit card application with Courtcall to be billed automatically. There are no subscription fees and no special equipment is needed. Courtcall does not charge for calls that are not completed. Attorneys pay only if the service is used. Courtcall will need the following information to make a reservation: Court date and time Case name and number Name and telephone number of attorney appearing Attorneys will receive fax confirmation the day before the hearing. The charges per participant for a telephonic appearance are as follows: $25.00 $ 6.50 first 45 minutes each additional 15 minutes Telephonic Court Appearance Procedures December 2020 III. Procedures for Telephonic Appearance Page 3 of 3 Courtcall will provide attorneys with faxed confirmation of a scheduled telephonic appearance and will provide a telephone number for attorneys to call for the telephonic appearance. It is the attorney’s responsibility to call Courtcall no later than ten minutes prior to the hearing time. At the time of the hearing, the attorney may initially be in the listening mode and may hear the case before just as if they were in the courtroom. Once the attorney’s call is connected to the courtroom, the courtroom deputy will call the case and request appearances. The Judge will direct the manner in which the case proceeds. When speaking, an attorney must identify himself/herself for the record. The court’s telephone conferencing system allows more than one speaker to be heard, allowing the Judge to interrupt a speaker to ask a question or redirect the discussion. When the Judge announces that the hearing is completed, parties may disconnect and the next case will be called.