EVIDENTIARY HEARINGS GENERALLY

The following practices and procedures pertain to evidentiary hearings generally, whether contested matters in motion practice or trials in adversary proceedings.  Parties should consult Judge Baker’s Practices and Procedures (generally) for additional information regarding the parties’ obligations in advance of an evidentiary hearing.

Consistent with historic local practice and as noted in the form Notice of Motion, the initial hearing on all motions is evidentiary.  See LBF 9014-3A ¶ 3 and 9014-3B, ¶ 3 (i.e., “[T]he hearing on this contested matter will be an evidentiary hearing[]”).  As such, the initial hearing on a motion as set forth in the Notice of Motion is the date and time set for disposition of the relief sought and includes, as required, the presentation of evidence. 

All motions scheduled on the regular motion calendar before Judge Baker will be presumptively scheduled for argument/presentation of evidence lasting 15 minutes per side.  If the party believes that the presentation of evidence or argument is anticipated to take more than 45 minutes in the aggregate, the parties shall confer and notify Judge Baker's Courtroom Deputy no later than three (3) business days prior to the scheduled hearing date of the need to schedule a specially listed hearing. ***

Judge Baker presumptively schedules all matters in a hybrid format which allows counsel to appear either in person or remotely based on counsel’s preferences subject to the limitations below.

EXHIBITS

Exhibits presented by either party (including those attached to pleadings) should be pre-marked and exchanged with opposing counsel prior to the hearing.  Judge Baker strongly encourages parties to utilize the form of Exhibit List available on the Court’s website under Judge Baker’s Practices and Procedures.  While the exhibit list must be filed on the Docket, the Exhibits themselves need not be docketed and can simply be presented at the hearing.  Parties shall file an anticipated Exhibit List on the Docket no later than three (3) business days before the scheduled hearing date.***

WITNESSES

Parties expecting to present witnesses at a hearing/trial should file a list of witnesses expected to be called on the Docket no later than three (3) business days before the scheduled hearing date. ***

Due to the limitations imposed by applicable law and Fed. R. Civ. P. 43(a) (incorporated Fed. R. Bankr. P 9017), unless the presentation is expected to be very brief and without cross examination, when witnesses are intended to be present and testify, the Court requires that the witness and any participant questioning such witness be present in the Courtroom unless prior arrangements are specifically made with Judge Baker’s Courtroom Deputy.

For matters where the presentation is expected to be very brief and/or with limited cross examination, Judge Baker will permit the parties to present and question witnesses entirely remotely (either with all questioning counsel participating remotely or with all questioning counsel to participate from the courtroom); however:

1. Absent compelling circumstances confirmed in writing through Judge Baker’s Courtroom Deputy no later than 3:00 p.m. three (3) business days prior to the scheduled hearing date, the Court will NOT permit a participant to question a witness in a format different from another participant (i.e., the Court will not permit one participant in the court to question a witness in the courtroom and allow another participate to question the same witness through zoom).   
2. If using an exhibit with a witness remotely, the party proffering the exhibit and questioning the witness shall be responsible for sharing the exhibit through the Court’s remote hosting program.  Neither the Court nor court staff are responsible for sharing screens to show exhibits.  

*** Three (3) Business Days before hearings scheduled on Tuesday is the Thursday of the preceding week; three (3) Business Days before hearings scheduled on Thursday is the preceding Monday.