The following hearings will be held on a HYBRID BASIS:
- Non-evidentiary, uncontested, or unopposed evidentiary matters;
- Matters set sua sponte by Judge Thomas unless the Order specifically requires in person appearance;
- Hearings on reaffirmation agreements;
- Expedited motions for extension of the automatic stay pursuant to 11 U.S.C. § 362(c)(3); and
- Chapter 11 “first day” motions.
For such matters, parties may appear, at their discretion, either remotely or in person, unless the Court orders otherwise. Remote appearances shall be made using the Zoom link detailed below.
All EVIDENTIARY, CONTESTED, OR OPPOSED trials or hearings will be held IN PERSON, unless the Court orders otherwise.
Please review the procedures for remote appearances, detailed below, with care. The Court reserves the right to disconnect or place on mute any attendee who causes any disruption to the proceedings before the Court or any party who fails to comply with the Court’s remote attendance procedures detailed herein.
- Zoom Information: You can enter Judge Thomas’s virtual courtroom by clicking on this link: https://www.zoomgov.com/my/thomas.txwb or by using the Zoom Workplace App and entering Zoom Meeting ID: 160 8446 6872. Remote participants must appear by video. Non-video, telephone-only, appearances are not permitted.
- Virtual Courtroom Guidelines: Instructions and rules for appearing at a hearing via Zoom are set forth in the Virtual Courtroom Guidelines for Users. Additionally, any party who wishes to appear remotely must list their full name and the case in which they are appearing to ensure the Courtroom Deputy admits them to the hearing room. Any party that cannot be identified in the Zoom waiting room will not be admitted. Last, remote participants should appear from locations that are fixed, well-lit, and with no background noise. The Court does not allow testimony from automobiles or non-fixed locations.
- Virtual Courtroom Decorum: Please mute your audio connection immediately upon joining the meeting remotely (counsel should advise their clients and witnesses to do the same) to avoid interrupting other hearings that may be in progress. Once your case is called, you may unmute your audio connection when the Court requests appearances or asks you to speak. Please do not use speaker phone, as it can cause feedback (headphones or earbuds are permitted for virtual appearances). Parties and their attorneys should dress professionally, in the same manner as if they were appearing in person in the courtroom.
- Witnesses Testifying Remotely: All testifying witnesses must appear by video, separate from counsel. Witnesses shall be segregated during testimony and may not reference written materials or information stored on a personal electronic device unless such materials or information are presented to them during the hearing or trial electronically.
- Exceptions: If a party wants to deviate from Judge Thomas’ remote attendance policy (for example, by having a witness testify remotely during an in-person hearing or by having a party appear only by telephone instead of video), such relief should be sought by filing an appropriate motion or stipulation detailing what accommodations are being requested and why the party (or parties) is requesting an exception to this Court’s remote attendance policy. The Court may grant the request on an ex parte basis. Any such requests should be made at least one week in advance of the hearing date. Please do not contact chambers asking for last-minute exceptions.
- Emergency/Expedited Hearings: Any party filing a motion for expedited or emergency hearing should include whether they anticipate the relief being unopposed (and therefore the default would be to hold a hybrid hearing). If the relief is opposed or the moving party is unsure if it will be opposed, the party should state whether they will proceed in person or are seeking an exception to this Court’s remote attendance policy. The party may combine a motion for expedited hearing with a request for an exception to this Court’s remote attendance policy, as outlined in number 5 above, even if the request is made less than one week prior to the requested hearing date.
- Disclaimer: The Court cannot and does not guarantee that telephonic service and computer connectivity will not be interrupted during the course of a hearing. Those who elect to participate in a hearing by remote means (if the hearing is being conducted in live format) do so at their own risk, understanding that, except in extremely rare circumstances, the Court will not entertain a request for continuance of the hearing based upon technological failure or any disadvantage experienced on account of an election to attend remotely instead of in person.
- Notice to Members of the Public: While the Judicial Conference of the United States relaxed its broadcasting policies during the COVID-19 Pandemic due to restrictions placed on in-person attendance at hearings and trials, these policies expired on September 21, 2023. As a result, remote video access to Court hearings shall only be available for case participants (parties-in-interest and their professionals), and non-case participants are not permitted to attend any hearing by remote video means. In certain circumstances, non-case participants may be permitted to attend proceedings by remote audio means, but only if no witness testimony is to be provided. The presiding judge may take any action deemed necessary or appropriate to address any unauthorized remote attendance at a hearing or trial. For the avoidance of doubt, members of the public will continue to be generally permitted to attend proceedings in person, in the courtroom.
