Hearings

Preliminary Hearings

The Court conducts a preliminary hearing on every contested matter. Normally the Court will require that the party requesting the hearing give notice of the hearing to all required parties. At the preliminary hearing parties should be prepared to discuss any legal issues, discovery issues, how long it will take to get to a final hearing, the length of the final hearing, and the possibility of settlement. As a general rule no testimony is taken or evidence presented at the preliminary hearing. Please note: occasionally the Court decides a matter at the preliminary hearing stage, so you should be familiar with the merits of your case. Bring your personal calendar to facilitate scheduling. Parties or counsel can appear by telephone if prior arrangements are made with our office. Preliminary hearings are usually set on trailing dockets. If you have scheduling problems (e.g., a trailing docket before Judge Jacobvitz at the same time or a 341 meeting) notify our office before the docket starts and we will attempt to accomodate you. Clients need not attend preliminary hearings.

The Notice for every preliminary hearing should contain the following language:

"Note: Counsel/parties may appear via telephone if a written request is received in the Court's Chambers by 5:00 p.m. of the business day prior to the hearing. For this purpose only, requests to appear by telephone may be faxed to (505) 348-2432."

Chapter 13 preliminary hearings on confirmation, conversion and dismissal are set by the Chapter 13 Office. Contact that office for scheduling issues at 505-243-1335.

Final Hearings

Parties should mark their exhibits before the final hearing and supply three sets to Chambers. Often the Court will ask parties at the preliminary hearing to discuss exhibits in advance of the final hearing and submit a written list of exhibits which the parties agree are admissible. (Note: To facilitate the progress of the trial, the parties are encouraged to stipulate to admissibility. Admission of an exhibit is not a bar to arguing the relative weight that the Court should accord the exhibit as evidence.) This list should accompany the exhibits. If the Court has not requested such a list, the first order of business will be to establish whether there are stipulations regarding exhibits.

Witnesses should come prepared to testify at the time set for the hearing. If the hearing is set on a trailing docket the presence of witnesses is a factor the Court will consider in choosing the order in which the cases are taken.