Vacting a Hearing

On the Day of the Hearing

Hearings will not be taken off the docket unless an order, approved by all parties, is in Chambers by the time of the hearing. Someone should call to tell us that an order has been submitted. If a settlement has been reached, but not all parties have signed an order, one or more persons can appear to state the settlement on the record and represent that this settlement has been agreed to by all parties. One exception to this rule is that if there is an agreed order in a chapter 13 case lacking the trustee's signature, and if the order does not call upon the trustee to take any action other than stopping payments to a creditor in the event of future default, the parties can contact chambers and request that the hearing be vacated. Please note: If a settlement is read into the record, what is on the record will be treated as the agreement of the parties in the event that the parties cannot later agree on the form of a written settlement. If you want to assure that what is read into the record is accurate, you should appear at the final hearing.

Prior to the Date of the Hearing

If all parties consent, an agreed order continuing the hearing may be submitted to Chambers. However, the order, or accompanying motion, needs to recite good cause for the continuance, and the Court is not obligated to grant the continuance. We will reschedule the hearing on the next reasonably available docket, taking into consideration the needs of other parties and the status of the docket.

If fewer than all parties consent, a motion setting forth the reasons for the continuance should be filed and circulated. The Court will set a hearing on the motion on short notice. In general, prior settings in other courts (including State, other Federal and Tribal Courts) and planned family vacations are acceptable reasons to grant a continuance.