Hearing Policies
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Hearing Policies
Last Updated: February 5, 2025

 

Judge’s policy re: appearance at hearing by telephone

  1. A party cannot participate in the whole hearing.

  2. No evidence will be taken over the phone.

  3. The party may make some brief comments.

    Ask the party to send the Judge a written request.  The Judge may, or may not, grant the request.

Judge’s policy re: adjournments - Telephone conference calls

We can reschedule telephone conference calls that are set by the Clerk’s office if all parties agree to the change.

If you do reschedule a TC:

  1. Reschedule the matter in CHAP.

  2. If final calendar has been distributed (via e-mail),  send email to EC_hearings at wiwb.uscourts.gov or Madison_hearings @wiwb.uscourts.gov

We cannot reschedule a telephone conference call that was scheduled by the Judge unless an order for adjournment is signed. Then a motion to adjourn should be filed, along with an affidavit stating the reason for the adjournment request. An Order should also be submitted. If the Judge signs the Order, then the matter can be adjourned.

We cannot reschedule a telephone conference call regarding a relief from stay issue if it cannot be heard within 30 days after the filing of the motion, unless the moving party agrees to waive that requirement. DO NOT ASK THE U.S. ATTORNEY TO WAIVE THAT REQUIREMENT.

If a telephone conference call is scheduled and the parties indicate that they have a settlement but they cannot have the settlement papers prepared and signed before the telephone conference, they should still place the call. In some instances, the attorneys may send an email stating that they have settled the matter, and this is usually sufficient to take the matter off of the Judge’s calendar.

Judge’s policy re: adjournments - Hearings and Final Hearings

The general policy is: NO ADJOURNMENTS.

We cannot reschedule a hearing or final hearing unless an order for adjournment is signed.

An adjournment will be granted only in the case of an extreme emergency of the party or the attorney. Then a motion to adjourn should be filed, along with an affidavit stating the reason for the adjournment request (or the reason can be stated in the Motion). An Order should also be submitted.  If the Judge signs the Order, then the matter can be adjourned.

Note: If the request to adjourn is at the last minute, we can transfer the call to Cindy. The Judge usually gets all the parties on the phone.

If There is a Settlement

In the case of a settlement, the settlement papers must be filed prior to the hearing.

DO NOT remove a hearing or TC from the calendar unless we receive:

  1. Original stipulation signed by all parties, OR

  2. Withdrawal of Motion or Objection (be sure all objections are withdrawn).

If that is not possible, then there must be an appearance at the scheduled hearing to put the settlement into the record; or there could possibly be a telephone conference to put the settlement into the record.

Note: There must be a settlement, not just a possible settlement.

Chapter 12 Confirmation Hearings (Farm adjustment of debts)

A final confirmation hearing must be held within 45 days of filing of the plan. Twenty-one (21) days must be allowed for notice, so the hearing should be set somewhere between 21 and 45 days.  (See Rule 2002 and 11 U.S.C. § 1224)

A preliminary hearing is scheduled on a TC date within the 21-45 day period. If a final hearing is required, it will be set at the preliminary hearing. No further notice is necessary.

Chapter 11 or Chapter 13 Confirmation Hearings (Rule 2002)

Not less than 28 days notice by mail of (i) the time fixed for filing objections and the hearing to consider approval of a disclosure statement, and (2) the time fixed for filing objections and the hearing to consider confirmation of a chapter 11 or chapter 13 plan. (Rule 2002(b)

Requests for Emergency Hearings or Motion for Expedited Hearing

When an emergency hearing or motion for expedited hearing is filed:

  1. Make sure all parties received this motion.

  2. Ascertain drop dead dates - how soon do they need the hearing - what is the urgency?

  3. Parties should talk to each other.

  4. Parties should talk to Cindy (CJF) or Kris (RMB).

  5. Set a future hearing with Judge Furay.

  6. Can Judge sign a nunc pro tunc order?

Documents Necessary for an Emergency Hearing:

  1. Motion for Expedited Hearing

  2. Affidavit in Support of Motion for Expedited Hearing

  3. Certification regarding Request for Emergency Hearing (our form - j:\data\forms\GF-114)

  4. Proposed Order Granting Expedited Hearing and Notice for Expedited Hearing, setting out time and place (leave blank and we will fill in).

  5. Core motion

  6. Proof of Service (service can be made by telephone, mail, personally, fax, etc.

Promptly advise the Judge and Law Clerk when you have received communication that we may be receiving an emergency matter.

When all documents have been received or filed, review them to get a feel for the emergency, i.e., starving cattle, sale of property, etc.

Check with the moving party regarding the crucial deadline before which a hearing must be held.

Judge Furay is also interested in whether or not the parties have been trying to resolve the situation.  Find out if they have been talking.  If they have not, suggest that they do so.

In cases with a Trustee, find out if the Trustee knows about it.

The case administrators should be checking as to whether notice has been given to all concerned parties.

THE MAIN THING IS TO START COMMUNICATIONS FLOWING.

 

 

 

 

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