Telephone Hearings

Counsel or parties may appear telephonically at preliminary hearings, pretrial conferences, presentment hearings, and status conferences if a written request is received by the close of business on the day prior to the hearing.

Notices for the above-listed hearings should contain the following language:

"Counsel/parties may appear by 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. Requests to appear by telephone may be faxed to (505) 348-2432 (this fax number may be used only for this purpose), or may be sent by e-mail only to Judge Starzynski’s chambers at starzynski [at] nmcourt [dot] fed [dot] us. The e-mail must have a subject heading that includes the word "telephone", correctly spelled. The text of the request must contain your name, the case name, date and time of hearing, and the number at which you can be reached when we call you for the hearing. Do not send your request to the Clerk’s office and do not file your request as a pleading.

Preliminary hearings are generally done on trailing dockets. Therefore, if you have requested to appear by telephone please ensure that you are available at the scheduled time and that your telephone line is free. If your line is busy, or if we are directed to voice mail, or if you have to be tracked down in your office, your hearing and all other hearings on the docket are held up. If we attempt to call and do not get through, our policy is to make a second attempt and, if unsuccessful, conduct the hearing without you. If you are not the only person appearing telephonically, please identify yourself each time you speak. This will facilitate any possible later transcription of the hearing.

Counsel or parties may appear telephonically at final hearings only with the consent of the Court. If you wish to appear at a final hearing by telephone, you should begin by contacting opposing counsel to see if there are any objections, and report the results of that check when you make your request to the Court several days before the hearing.

Generally, testimony will not be taken by telephone. However, if a witness is testifying as a custodian of records on ministerial matters such as the balance due on an account, the Court will usually permit telephonic testimony, provided that no matters of credibility are at issue.

For Chapter 13 Preliminary Hearings, follow the above procedures and make a request to Chambers to appear by phone.