Telephone, Video, or In-Person Conferences and Hearings.
U.S. Bankruptcy Court for the District of Montana
U.S. Bankruptcy Court for the District of Montana
P a g e | 49 proposed exhibits shall be attached to such list, and each exhibit must be electronically filed as a separate .pdf document; or as a single .pdf document with each exhibit bookmarked and identified therein. The location of any witness appearing remotely shall be disclosed in the witness list so counsel can coordinate exhibits necessary for that witness. The moving party in a contested matter and the plaintiff in an adversary proceeding shall identify exhibits in numerical sequence commencing with the number 1. The responding party in a contested matter and the defendant in an adversary proceeding shall identify exhibits in alphabetical sequence commencing with the letter A. If multiple parties are involved, before a hearing or trial, the parties shall determine an identification sequence that eliminates any duplicative sequence.
Failure to timely exchange and file proposed witness and exhibit lists and copies of proposed exhibits in accordance with this Local Rule may result in the Court barring any undisclosed witness testimony and denying the admission of any exhibit not disclosed or exchanged. Any impeachment exhibits shall be circulated to the Court and counsel at least three days before the scheduled hearing or trial. Each impeachment exhibit shall be separately labeled, in a .pdf format, and password protected. Counsel shall not use the same password for each impeachment exhibit.
Counsel shall ensure that all impeachment exhibits are accessible to the witness. If an impeachment exhibit is utilized at the hearing or trial, counsel shall identify it by its title, request the witness to access it, and provide the Court and all parties with the unique password. Except as the Court may otherwise allow, all exhibits shall be electronically filed. For purposes of any hearing or trial, counsel for the proponent of the exhibit shall be responsible for ensuring that sufficient copies of any exhibit that may be utilized are available for any witness in the courtroom.
(2) (3) (4) (5) (6) (g) Testimony by Remote Witnesses. The Court will administer the oath to each remote witness during the video hearing, and it shall have the same effect as if the Court swore in the witness in person. The following shall apply as additional safeguards for testimony by Remote Witnesses: (1) (2) No person, including counsel, shall be permitted to be in the same room with any remote witness unless specifically and expressly authorized by the Court before the Remote Witness begins testifying. No person shall communicate in any manner with a Remote Witness during his or her testimony, except by direct examination and cross-examination on the record, unless specifically and expressly authorized by the Court before the communication occurs.
(3) Remote Witnesses shall have before them only the exhibits provided to the Court Mont. LBR December 1, 2025
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