United States Bankruptcy Court
United States Bankruptcy Court
Central District of California
Ronald Reagan Federal Building and Courthouse
411 West Fourth Street, Suite 5040 / Courtroom 5A
Santa Ana, CA 92701-4593
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Courtroom Policies & Procedures Notice to Practitioners Re: LBR 7016-1(a)(2)Trial Procedures Supplemental to Local Rules
TELEPHONIC APPEARANCE PROCEDURES
JUDGE ERITHE SMITH
Beginning with hearings scheduled for dates on or after November 6, 2012, Judge Smith will allow appearances by video through CourtCall. There is an additional fee for those wishing to utilize CourtCall’s video capabilities. You need not pay the additional fee if you do not want the additional video service. At this time, only attorneys are permitted to appear by video. What this means for those appearing in Judge Smith’s courtroom is the following:
I. POLICY GOVERNING TELEPHONIC/VIDEO APPEARANCES
Telephonic or video appearances are allowed in all matters before Judge Smith in Courtroom 5A except the following:
No telephonic or video appearance will be allowed unless it is made through CourtCall, an independent conference call company, pursuant to the procedures set forth in Section II.
Before requesting a telephonic appearance, you should check Judge Smith’s Calendar on the Court’s website (www.cacb.uscourts.gov) and review any Tentative Ruling concerning the matter on calendar. If the Court has issued a Tentative Ruling prior to the hearing, each individual who appears telephonically should have reviewed the Tentative Ruling prior to the hearing.
If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on calendar, the court may pass the matter, treat the failure to respond as an intent to accept the tentative ruling, or treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear.
Individuals making use of the conference call service are cautioned that they do so at their own risk. Hearings generally will not be rescheduled due to missed connections.
Parties are also cautioned to consider whether their cases are ones suitable to telephonic appearance. On closer, contested matters, there is no doubt that personal presence adds weight to the presentation of the case.
II. SCHEDULING A TELEPHONIC/VIDEO APPEARANCE
Telephonic and video appearances may be arranged by calling CourtCall at (866) 582-6878 until the start of the scheduled hearing.
III. PROCEDURE FOR TELEPHONIC/VIDEO APPEARANCE
CourtCall will provide counsel with written confirmation of a telephonic or video appearance and give counsel a number to call to make the telephonic or video appearance. It is counsel’s responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing. CourtCall does not place a call to counsel.
Telephonic and video appearances are connected directly with the courtroom’s public address system and electronic recording equipment so that a normal record is produced. To ensure the quality of the record:
Exceptions to these restrictions may be permitted only in the most extreme circumstances.
At the time of your hearing you may initially be in the listening mode, in which case you will be able to hear the case before yours, just as if you were in the courtroom. After your call is connected to the courtroom, the Judge will call the case, request appearances, and direct the manner in which the hearing proceeds. Each time you speak you should identify yourself for the record. The Court’s teleconferencing system allows more than one speaker to be heard, so the Judge can interrupt a speaker to ask a question or redirect the discussion. When the Judge informs the participants that the hearing is completed, you may disconnect and the next case will be called.
Telephonic and video appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any deviation from the required procedures or the Court determines that a person’s conduct makes telephonic or video appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceeding in the absence of an unavailable participant, a monetary sanction, and/or a permanent prohibition against a person appearing telephonically or by video.
PLEASE NOTE THE FOLLOWING:
Please remember to review CourtCall’s procedures on audio and video etiquette.
Updated: November 1, 2012
Printable version of Judge Smith's Telephonic Appearance Procedures
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