Hearings on Contested Matters

(a)   Initial Hearing without Live Testimony.  Pursuant to Bankruptcy Rule 9014(e), all hearings scheduled on contested matters will be conducted without live testimony except as otherwise ordered by the court.  If, at such hearing, the court determines that there is a material factual dispute, the court will schedule a continued hearing at which live testimony will be admitted.

(b) Request for Live Testimony. 

(1) Any party filing a motion, application, or objection who reasonably anticipates that its resolution will require live testimony may file an accompanying motion for an evidentiary hearing, stating:

(A)   The estimated time required for receipt of all evidence, including live testimony;

(B)   When the parties will be ready to present such evidence;

(C)   The estimated time required to complete all formal and informal discovery;  

(D)   Whether a Bankruptcy Rule 7016 Scheduling Conference should be held; and,

(E)   Whether any party who may participate at the evidentiary hearing is appearing pro se.

(2) The party requesting an evidentiary hearing shall accompany the motion with a form of order.

(3) Any response to a motion for an evidentiary hearing shall be served and filed within seven days of service of the motion.  The time computation and enlargement provisions of Rule 9006 shall not apply to the response deadline, except that the responding party shall have an additional 3 days to respond if the motion is served by mail.

(4) Based upon the motion and any responses, the court will either finalize the order setting the matter for hearing or request that the parties appear for a Bankruptcy Rule 7016 Scheduling Conference.

Committee Notes 2009:  Time deadlines have been amended to be consistent with amendments to the Federal Rules of Bankruptcy Procedure, effective December 1, 2009.

Committee Notes 2007: This Rule is derived from former General Order 86.