Procedures for Judge Tony M. Davis


Electronic Exhibits

Continuances

Motions to Expedite

Telephonic Appearances

Objection to Claim

Motions to Extend Time to File Schedules

Requests Relating to 341 Meetings (All Chapters)

Miscellaneous

Forms/Links

Recusal

 

Electronic Exhibits

Courtroom #1 (Judge Davis’s Courtroom) is equipped with VGA cables to allow attorneys to display electronic exhibits and demonstrative presentations on the Court’s TV monitors. Electronic exhibits also will be displayed on screens on the witness stand and on the bench.
Parties wishing to use electronic exhibits simply need to bring their computer or electronic device to the courtroom and connect it to one of the Court’s VGA cables, one of which is available at each counsel table and the podium. Most PCs support VGA connectivity. Apple Computers, iPads, and other tablets are also compatible with this system, but they require additional components to connect that are not supplied by the Court.
Any party wishing to use electronic exhibits should test their computer on the Court’s system at least one day prior to the first time they plan to present. Parties who attend court regularly only need to conduct this test once. To coordinate a time to come to the courtroom and test the system, please email the Courtroom Deputy.

What do you need to bring to court for electronic presentation:

  • Your laptop, notebook and/or tablet
  • Three CDs for Judge Davis and extra copies for opposing counsel (for their electronic presentation or viewing).  
  • Adapters needed to connect to the VGA cables ( i.e. iPad, HDMI, Apple)

What I need to prepare prior to court:

  • Let affected parties know that electronic exhibits will be used for hearing.
  • Save your exhibit folder to your desktop for quick access or be able to readily access your exhibit folder from a thumb drive or both.
  • Prepare CDs - Save all pleadings to CD in PDF and OCR format.  Optical Character Recognition, or OCR, is a technology that enables you to convert different types of documents, such as scanned paper documents, PDF files or images captured by a digital camera into editable and searchable data. (The court requires PDF; you may use other format that allows you to make your presentation in the desired manner from your laptop/ipad/notebook.)
    • Label each pdf at top and/or bottom of page (i.e. Exhibit 1; pg. 1 of 4)
    • Include a witness and exhibit list
    • Save PDF (label files with description  as listed on witness and exhibit list)
    • Include any presentation (i.e. power point) file, if used.
    • Add labeled exhibits to CD  
  • Label the CD and CD cover
    • Indicate whose exhibits (i.e. Plaintiff’s  Exhibits 1-10)
    • Caption of the case
    • Matter being heard
    • Date of hearing
    • Number of exhibits on CD and if more than one CD (i.e.  Exhibits #1 -10, Vol. 1 of 2).
  • DO NOT COMBINE multiple cases on one CD

On the day of the hearing:
ARRIVE AT LEAST 30 MINUTES PRIOR TO COURT TO TEST YOUR EQUIPMENT (Courtroom Deputy needs to do a quick virus scan of the CDs being provided for the court’s use)

  • Connect to a VGA cable at either one of the counsel cables and/or at the podium
  • Toggle your screen to “duplicate” (some devices might automatically toggle and display on video monitors)
  • Have a clean monitor screen (no personal file folders visible)
  • Turn off email/messaging notification
  • Turn off sound on laptop/ipad/notebook (for notifications, i.e. airplane mode)
  • Perform a test run of the exhibits with the Courtroom Deputy

While giving your presentation:
When ready to display your exhibits, parties will need to request access to display their exhibits. Parties in the courtroom view exhibits on the video monitors.

  • Narrate while displaying exhibits to make the record clear
    • Indicate which exhibit is being displayed on the monitor
    • Indicate which page number of the exhibit (i.e. Exhibit 1 page 4 of 10) is being shown
  • Technical Recess
    • You may request a standing recess  for trouble shooting issues

REMINDER: COURT STAFF CANNOT PROVIDE TECHNICAL SUPPORT FOR NON-COURT EQUIPMENT

See also Electronic Exhibits

Continuances

Per Local Rule 9014(f):

  1. a motion to continue a hearing must be filed at least THREE business days prior to the hearing date, or state the nature of the emergency making it impossible to have filed it by that date
  2. the motion must state good cause for the continuance
  3. the motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical. Failure to include a certificate of conference may result in dismissal of the motion due to non-compliance with Local Rule 9014(f).
  4. the motion should state with as much detail as possible the length of the continuance requested or the date or range of dates requested for the continued hearing
  5. the motion must be served on interested parties including those parties known or expected to participate in the hearing, who must be served electronically, by facsimile or by some other method reasonably calculated to provide immediate notice

In addition, to obtain a continuance of a hearing before Judge Davis:

  1. a proposed form of order granting the continuance must be uploaded (in the Expedite category via E-Orders) when the motion is filed
  2. the movant must email the Courtroom Deputy when the motion is filed to notify her of the filing
  3. when notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the continuance to all interested parties and per Local Rule 9014(f), within five days, must file a certificate of service reflecting that notice

Motions to Expedite

Per Local Rule 9014(e), unless otherwise provided by order:

  1. a motion to expedite a hearing or consideration of a matter must state good cause for expediting
  2. the motion must be filed as a separate pleading from the matter which is requested to be expedited
  3. the motion must contain a certificate of conference reflecting efforts to confer with affected parties regarding the relief requested or the reasons why conferring was not possible or practical. Failure to include a certificate of conference may result in dismissal of the motion due to non-compliance with Local Rule 9014(f).

See Form Motion to Expedite

In addition, to obtain an expedited hearing from, or expedited consideration by, Judge Davis:

  1. the underlying motion that is requested to be expedited should NOT contain the negative notice permitted under Local Rule 9014(a)
  2. a proposed form of order granting the motion to expedite, in substantially the form provided below (see Form Order Granting Expedited Hearing), must be uploaded when the motion to expedite is filed
  3. the movant must email the Courtroom Deputy when the motion to expedite is filed, to notify her of the filing
  4. when notified by the Courtroom Deputy that the motion is granted, the movant must provide notice of the continuance to all interested parties and per Local Rule 9014(e), within five days, must file a certificate of service reflecting that notice

Telephonic Appearances

Hearings may be conducted by teleconference when deemed appropriate by the Court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the Court, number of parties seeking to appear by phone, associated time and cost of travel, and equity to all parties.

For telephonic appearances in Judge Davis hearings, parties will no longer file a motion with a proposed order.

Effective immediately, to request a telephonic appearance, counsel will electronically file a Request for Telephonic Appearance at least 48 hours before the hearing.

The Request for Telephonic Appearance event has been created in CM/ECF as a text only entry, there will be no PDF attachment.  It will prompt the filer to include the reason for the request, a direct (not cell) phone number, date and time of hearing, and linkage to the matter being heard.

If Judge Davis approves the request, a Judge's Notice of Party Permitted to Appear Telephonically will be entered in the case.

Party will dial-in number 1-218-862-7200. You will be responsible for your own long-distance charges. This dial-in number should be used regardless of the location of the hearing.
You will be asked to key in the conference room number. The conference room number is 511285. Once this number is entered, you will be connected live to the courtroom.
Once you are connected, you will be able to hear persons speaking in the courtroom and other persons on the call addressing the Court. You will not be able to address the Court until the Court addresses you or you request to speak and the Court grants the request.
If you wish to address the Court, you must press 5*. Do not press 5* until you need to address the Court. Within 5 seconds, the Court will receive a signal that you wish to speak. When the Court calls on you, you will hear a recorded message that your line has been unmuted. At that time, you may be heard.
When you are done, the Court will again terminate your ability to speak. You may press 5* if an additional issue arises that you wish to address with the Court.

If Judge Davis does not approve the request, a Judge's Notice of Party Not Permitted to Appear Telephonically will be entered.  

In Complex Chapter 11 cases, the Court may establish separate procedures for telephonic appearances on a case by case basis.

Please be advised of the following:

  • Unless specified otherwise by the court, the court does not permit the use of pay phones, cellular phones or speakerphones of any kind when participating in any court proceeding telephonically. Since we do not recommend the use of a speakerphone, you should schedule a separate appearance for your client so that he/she can participate in the conference.
  • Parties must be available 20 minutes prior to the hearing. The same rules regarding punctuality and conduct apply and a telephone appearance is treated the same way as any other Court Appearance.
  • Typically, the Court will take the cases in whatever order it would normally, whether there are telephonic appearances or not. There is no required preferential treatment for people making telephonic appearances.
  • Each time a participant speaks, he or she should identify himself or herself for the record.
  • Witness testimony is not permitted via teleconference.
  • If a technological problem arises, the hearing will continue without the participation of dial-in participants. The Court will not delay hearings for signal problems or interference. Accordingly, persons choosing to attend a hearing by dial-in do so at their own risk of a technological failure.

Objection to Claim

The objection must be served on the creditor at the notice address listed on the proof of claim.
The proposed order must include the claim number in the title of the order and claimant’s name and address (see Form Order Granting Objection to Claim).
The scope of the proposed order granting the objection must match the relief requested in the objection.

Motions to Extend Time to File Schedules

Rule 1007(c) allows for an extension of time in which to file schedules and statement of financial affairs for cause shown. The procedure for requesting an extension of time is as follows:

  1. Provide a specific date deadline for the extension of time in both the motion and the proposed order. The deadline request should be no less than seven (7) calendar days prior to the 341 meeting date.
  2. Do not use negative notice (i.e. 21 days) in motions to extend time to file schedules (the suspense time will run after the extension deadline, which does not give the trustee and creditors sufficient time to prepare and/or respond).

Requests Relating to 341 Meetings (All Chapters)

Any request to continue a 341 meeting or to excuse a co-debtor's appearance at a 341 meeting should be submitted to the trustee’s office prior to seeking relief from the Court. Please refer to the Court's Standing Order (Nov. 15, 2000).

Miscellaneous

Continuances of Creditors Meetings in Chapter 13 Cases In re Haltom
Continuances of Creditors Meetings in Chapter 13 Cases  In re Requejo
Request for Attorneys Fees for a Motion for Moratorium In re Pina
Early Payoff as Requiring Motion to Modify In re Wilson
Request for Attorneys Fees in Advance of Performing Services  In re Spence

Forms/Links

Form Motion to Expedite
Form Order Granting Expedited Hearing
Form Order Granting Objection to Claim
Consolidated Standing Order for Chapter 13 Case Administration
Amended Standing Order Relating to Ongoing Mortgage Payments in Chapter 13 Cases
Electronic Exhibits

Recusal

Judge Davis will automatically recuse himself from any case, or proceeding within a case, involving Baker Botts, L.L.P. until April 15, 2015.