These guidelines are
made pursuant to Fed. R. Bankr. P. 9014(e) regarding the attendance of
witnesses
at evidentiary hearings held in contested matters. The purpose
of these guidelines is to enable parties to ascertain at a reasonable
time before any scheduled hearing whether the hearing will
be an
evidentiary hearing at which witnesses may testify.
-
Unless the court orders otherwise, the court
will not hear testimony at the initial hearing in a contested
matter.
- If there is a genuine issue of material fact
in a contested matter, the initial hearing will serve as a scheduling
conference for setting an evidentiary hearing, at which the court
will hear testimony. The setting of a subsequent evidentiary hearing
does not preclude the court from deciding matters of law at the initial
hearing.
- The court may enter an order dispensing
with the initial hearing and proceeding directly to an
evidentiary
hearing. The court may do so on its own motion, pursuant
to a stipulation
of all parties to the contested matter, or upon motion
of any party to the contested matter (with such notice
to the other
parties as
the court deems appropriate).
|
