Revision as of 18:10, 27 January 2009

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
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 Gargotta:

1. a proposed form of order granting the continuance, with blanks for the date and time of the reset hearing, must be uploaded 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

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

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 Forms/Links below), 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(f), within five days, must file a certificate of service reflecting that notice

Telephonic Appearances

Conditions

Judge Gargotta permits telephonic appearances under certain limited circumstances:

• Timely written request, by motion, by the person requesting to appear telephonically (see procedures below)
• Call is arranged and placed by the person making the request
• Argument only--no telephonic testimony or examination of witnesses
• All telephonic appearances are part of the official record

Procedure for Telephonic Appearances

1. Motion must be filed at least three business days prior to the hearing
2. Order allowing appearance should be uploaded when motion is filed
3. Email the Courtroom Deputy when motion is filed
4. If request is granted, movant must place the call (the Courtroom Deputy will provide instructions, including the time and number)

Miscellaneous

Continuances of Creditors Meetings in Chapter 13 Cases

Forms/Links

Standing Order for Chapter 13 Case Administration For Austin Division
Form Order Granting Expedited Hearing