(a) Unless otherwise directed by the Court, this rule shall
apply to all contested matters and adversary proceedings in which a
response is filed except for (i) hearings held during a
chapter 13 panel, such as hearings on motions to dismiss chapter 13
cases; (ii) motions to modify the automatic stay in chapter
13 cases and individual chapter 7 cases to allow the foreclosure of
liens on the debtor’s principal residence or vehicle(s); (iii)
objections to claims to which no response has been filed; or (iv)
contested matters and trials covered by a separate scheduling order.
(b) Counsel for each party shall exchange exhibits by noon on
the day that is two business days prior to the scheduled time of the
hearing or trial. For example, if a hearing is scheduled for a
Monday, then counsel for each party must exchange exhibits by no
later than noon on the previous Thursday. If a hearing is scheduled
for a Friday, then counsel for each party must exchange exhibits by
no later than noon on the preceding Wednesday.
(c) Counsel for each party shall also exchange and file
exhibit and witness lists with the Clerk of the Court by noon on the
day that is two business days prior to the scheduled time of the
hearing or trial. Witness lists must identify whether each witness
is to be called as a fact witness or as an expert. If no delineation
is made, the witness will only be allowed to testify as a fact
witness unless otherwise ordered by the Court.
(d) If counsel intends to use only hard copy exhibits at the
hearing or trial, then counsel must deliver hard copy exhibits to
opposing counsel. If counsel intends to use technology in the
courtroom by putting the exhibits on an electronic media so that
exhibits may be shown on the screens in the courtroom, then counsel
must deliver an electronic copy of the exhibits to opposing counsel
and, if requested in writing, a hard copy of the exhibits within 24
hours of receiving the request. The electronic copy must contain the
exhibits in the same order as they are contained on the electronic
media to be used in the courtroom.
(e) All hard copy exhibits should be clearly marked, tabbed
and bound in a 3-ring notebook or utilizing another binding method
that allows the exhibit book to open and lay flat on an even
surface. In addition to copies for opposing parties, counsel shall
bring three hard copies of the exhibits to the scheduled hearing or
trial—one for the court; one for the courtroom deputy; and one for
witnesses.
(f) For exhibits that are more than 10 pages in length, each
page of that exhibit must be numbered or bates labeled.
(g) If counsel has identified expert
witnesses on the witness list, then counsel must ensure that the
written reports of the expert witnesses are timely provided to
opposing counsel. Expert reports shall be delivered to opposing
counsel by noon on the day that is two business days prior to the
scheduled time of the hearing or trial. Notwithstanding the
foregoing, no expert reports shall be required for (i) owners
of property opining on the value of the property; and (ii)
attorneys providing expert testimony regarding the reasonableness of
attorney’s fees.
(h) Emergency Hearings. If a hearing is
scheduled on an emergency basis and unless a specific order is
otherwise issued, all of the above referenced procedures shall apply
except that counsel must (i) exchange exhibits, exhibit and witness
lists; and (ii) file exhibit and witness lists with the Clerk of the
Court by noon of the first business day prior to the day that the
hearing is scheduled. For example, if a hearing is scheduled for a
Monday, then counsel for each party must exchange exhibits by no
later than noon on the previous Friday. If a hearing is scheduled
for a Friday, then counsel for each party must exchange exhibits by
no later than noon on the preceding Thursday. An emergency hearing
is a hearing set (i) by order that expressly states that the hearing
is an emergency hearing; or (ii) a hearing set by docket entry on
less than 72 hours notice. If a hearing is set on less than 2
business days’ notice, then the exhibits must be exchanged at the
earliest practicable time.
(i) Contested Hearings in Chapter 13 and 7
Cases Involving less than Five Exhibits. In other contested
matters in chapter 13 and 7 cases where a party intends to offer
five or fewer exhibits, counsel are not required to provide bound
exhibits and may exchange exhibits with opposing counsel by
electronic mail. All other requirements and deadlines will apply.
(j) The failure to timely comply with
this rule may be grounds for the denial of the admission of any or
all exhibits and the exclusion of witness testimony.
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