(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 that
specifically provides alternative deadlines for the
exchange of exhibits, exhibit lists and witness list.
(b) Counsel for each party
shall exchange exhibits by noon on the Day of Exchange
in accordance with
Table 1.
(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 of
Exchange in accordance with
Table 1.
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, or the witness is an owner of the property at
issue opining as to value
(d) If counsel intends to use
only hard copy exhibits at the hearing or trial, then counsel
must deliver either (i) a
hard copy of the
exhibits to opposing counsel; or (ii) a copy of the
exhibits by electronic mail to opposing counsel and, if
requested in writing from opposing counsel, a hard copy
of the exhibits within 24 hours of receiving the written
request. If no written request is made, counsel shall
provide a hard copy of the exhibits to opposing counsel
at the hearing or trial. 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. Alternatively, the parties may agree in writing to a different
manner of exchange, i.e., exchange by electronic mail, facsimile,
facsimile, Dropbox (or other form
of internet-based distribution service), etc. Any party agreeing in writing to a different manner
of exchange under this paragraph waives the right to object
to the admission of any exhibit for non-compliance with
this rule and to receive a hard
copy of the exhibits under this paragraph.
(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.
(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 of Exchange in accordance
with
Table 1.
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 and amount 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 Day of Exchange in accordance with
Table
2. 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 two 2
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
Ten Exhibits. In
other contested matters in chapter 13 and 7 cases where
a party intends to offer ten 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)
Contested Hearings in Complex Chapter 11 Cases.
In contested matters in complex chapter 11 cases,
counsel may deliver exchange exhibits via an
internet-based distribution service that does not assess
a charge to the party performing the download. The
website address along with instructions for downloading
the exhibits shall be made available in accordance with
Table 1 or
Table 2 as appropriate.
If a party elects to deliver exhibits in accordance with
this paragraph, counsel are not required to provide
bound exhibits to counsel. All other requirements and
deadlines will apply.
(k) 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.
(l) Regardless of the manner of
exchange between counsel and unless otherwise instructed
by the Court, 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.
(m) Table 1.
|
Scheduled Day for Hearing
or Trial |
Day of Exchange |
| Monday |
Previous Thursday |
| Tuesday |
Previous Friday |
| Wednesday |
Previous Monday |
| Thursday |
Previous Tuesday |
| Friday |
Previous Wednesday |
If the Day of Exchange is a legal holiday, the Day of
Exchange would be the preceding Day of Exchange. For
example, if the Scheduled Day for Hearing or Trial was a
Wednesday and the Previous Monday was a legal holiday,
the Day of Exchange would be the Previous Friday.
(n) Table 2.
|
Scheduled Day for Emergency
Hearing |
Day of Exchange |
| Monday |
Previous Friday |
| Tuesday |
Previous Monday |
| Wednesday |
Previous Tuesday |
| Thursday |
Previous Wednesday |
| Friday |
Previous Thursday |
If the Day of Exchange is a legal holiday, the Day of Exchange
would be the preceding Day of Exchange. For example, if
the Scheduled Day for Emergency Hearing was a Wednesday
and the Previous Tuesday was a legal holiday, the Day of
Exchange would be the Previous Monday.
|