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:

• Should they wish to do so, those who have paid the additional fee will be able to view images of the judge and other persons appearing by video during their appearances.
• Should they wish to do so, those who have paid the additional fee and who have the appropriate computer and sufficient bandwidth will be able to transmit video to the courtroom and to other persons appearing via CourtCall at the hearing.
• Those who do not have internet access or who choose not to participate by video may still make telephonic appearances, without video participation and without paying an additional fee.
• Those who do not have the ability to transmit video may nevertheless pay the additional fee and view images of the judge and other persons appearing by video through CourtCall if they so desire.

I.      POLICY GOVERNING TELEPHONIC/VIDEO APPEARANCES

Telephonic or video appearances are allowed in all matters before Judge Smith in Courtroom 5A except the following:

1. Trials and Evidentiary hearings (all counsel and all witnesses must appear in person).
2. Contested Chapter 11 Confirmation Hearings (debtor, debtor’s counsel, and all objecting creditors must appear in person). All other parties in interest may appear telephonically.
3. Hearings on Reaffirmation Agreements (debtor must appear in person).
4. Any matter designated by the Court as one requiring a personal appearance.

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:

• No car phones
• No cellular phones
• No speaker phones
• No public telephone booths, or phones in other public places

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:

• IF YOU DO NOT HAVE SUFFICIENT BANDWIDTH, COMPUTER MEMORY AND PROCESSING SPEEDS, YOU WILL NOT HAVE AN OPTIMAL EXPERIENCE.
• DO NOT ATTEMPT TO TRANSMIT YOUR VIDEO AS PART OF A HEARING UNLESS YOU HAVE ALREADY TESTED YOUR BANDWIDTH AND COMPUTER FOR COURTCALL’S MINIMUM REQUIREMENTS.
• DO NOT ATTEMPT TO PARTICIPATE VIA SPEAKERPHONE, AS THE SOUND QUALITY IS UNACCEPTABLE.  YOU MUST USE A HANDSET OR A HEADSET TO PARTICIPATE REMOTELY.
• DO NOT PARTICIPATE FROM AN OUTDOOR LOCATION OR FROM ANY OTHER LOCATION WITH SIGNIFICANT AMBIENT NOISE.
• VIDEO THAT IS NOT PROPERLY TRANSMITTED WILL BE TERMINATED BY THE COURT AND YOUR PARTICIPATION WILL BE BY AUDIO ONLY.  (Your additional payment for video services will not be refunded.)
• IF YOUR AUDIO CONNECTION PRODUCES EXTRANEOUS NOISE OR STATIC, YOUR LINE WILL BE MUTED AND, IF NECESSARY, DISCONNECTED.  (Any fee that you paid to CourtCall for the appearance will not be refunded.)

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