TELEPHONIC HEARINGS

U.S. Bankruptcy Court for the District of North Dakota

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of North Dakota

Rule: 5001-1

Jurisdiction: DNDB

Bluebook Citation: Bankr. D.N.D. R. 5001-1

All Rules: Bankr. D.N.D. Local Bankruptcy Rules, complete index


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(A) REQUESTS TO APPEAR BY TELEPHONE Interested parties in any case or proceeding may, upon reasonable advance notice (generally not less than 48 hours), file a motion requesting that a hearing be held by telephone conference or requesting to appear by telephone at a scheduled hearing. The court will consider potential savings in travel time and expenses in determining whether a telephonic hearing is appropriate. (B) ARRANGEMENTS FOR TELEPHONIC APPEARANCES The court will send interested parties instructions for participating in conference calls. (C) A PARTY APPEARING IN HEARINGS BY TELEPHONE MAY NOT OFFER EVIDENCE OR CROSS-EXAMINE WITNESSES Absent extraordinary circumstances, the court will not permit a party to offer testimony, exhibits or other evidence or to cross-examine witnesses via telephone conference.

The court will allow counsel who appear by telephone to offer argument. If any party seeks to offer evidence or cross-examine witnesses, the party must arrange for counsel to appear in person or via video conference. -15- BANKRUPTCY RULE 5001-2 VIDEO CONFERENCES (A) LOCATION The court will provide notice of the place and time for all hearings held by video conference. (B) REQUESTS FOR VIDEO CONFERENCES Interested parties in any case or proceeding may, upon reasonable advance notice (generally not less than 48 hours), file a motion requesting that a hearing be held by video conference or requesting to appear by video conference at a scheduled hearing. The court will consider potential savings in travel time and expenses in determining whether a hearing by video conference is appropriate.

If the court grants the motion, counsel must make arrangements with the court to secure video conference service and to test the video conference service in advance of the hearing from the remote site. Arrangements and testing should occur generally not less than 48 hours in advance of the hearing, 72 hours preferred. (C) EVIDENCE OFFERED AT VIDEO CONFERENCES Parties may offer testimony and/or exhibits at any video conference. Counsel must either file the exhibits or mail, facsimile or email copies of the exhibits to the clerk of court and all parties in sufficient time for them to arrive at least one business day prior to the hearing.

Guidance on submitting exhibits by facsimile or email is prescribed by the clerk of court. (D) DECORUM Rule 1.6, D.N.D. Gen. L.R., applies to all video conference proceedings. Parties appearing by video conference should enter the video conference room quietly, sit in chairs located around the perimeter of the room and wait silently until the court calls their cases.

When called, parties should sit in a location where they can view the video screen and the court can see the parties and their attorneys. -16- BANKRUPTCY RULE 5001-3 DIVISIONS AND CITIES WHERE COURT IS HELD The state of North Dakota is one judicial district. The city where hearings and trials are held and the counties in each division are as follows: (1) (2) (3) (4) Southwestern Division, Bismarck, North Dakota: Adams, Billings, Bowman, Burleigh, Dunn, Emmons, Golden Valley, Grant, Hettinger, Kidder, Logan, McIntosh, McLean, Mercer, Morton, Oliver, Sioux, Slope and Stark; Northeastern Division, Grand Forks, North Dakota: Benson, Cavalier, Grand Forks, Nelson, Pembina, Ramsey, Rolette, Traill, Towner and Walsh; Southeastern Division, Fargo, North Dakota: Barnes, Cass, Dickey, Eddy, Foster, Griggs, LaMoure, Ransom, Richland, Sargent, Steele and Stutsman; Northwestern Division, Minot, North Dakota: Bottineau, Burke, Divide, McHenry, McKenzie, Mountrail, Pierce, Renville, Sheridan, Ward, Wells and Williams.

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