(a)     The Court, in its discretion, may allow hearing by telephonic conference for any pretrial matter.  A request for a telephonic hearing shall be made in writing with the denomination of TELEPHONIC HEARING REQUESTED, below the caption on the notice, report, or other paper filed by the party requesting the telephonic hearing.  The logistics of the telephonic hearing shall be arranged by the requesting party and the specifics shall be communicated to all parties in advance of the hearing.

 

(b)     If the parties, or any one of them, wish to have a transcribed record made of the telephonic hearing, the caption shall so indicate.  The Court, in its discretion, shall determine the manner in which the record shall be made.

 

(c)     A telephonic hearing may be held, in the discretion of the Judge or Magistrate Judge without the written notice requirements in (a), when deposition issues are both capable of and require immediate resolution in order to avoid manifest injustice.  Requests for such hearing should be made only in exigent circumstances, and the Court may impose the sanctions allowed under Federal Rules of Civil Procedure 37 where a party or its attorney takes a position wholly unsupported by the Federal Rules of Civil Procedure, these Local Rules, or other rules of law.

 

[Adopted effective November 1, 1996]

 

1996 Advisory Committee’s Note to LR 7.3

 

In 1993, the Civil Justice Reform Act Advisory Group recommended the use of cost-efficient measures to reduce the expense of civil pretrial proceedings, including increased use of telephonic appearances.  The rule on telephonic hearings is based on strong competing interests, and the effort to appropriately balance those interests.  On the one hand, the rule reflects the interest in controlling the costs and burdens associated with multiple court appearances, and the economies associated with hearings that do not require personal appearances.

On the other hand, the Court's time is a valuable resource which is carefully scheduled. It is in the interests of justice that previously scheduled matters not be disrupted by spontaneous hearing requests, and that parties and counsel previously scheduled to be in Court be allowed the Court's undivided attention.  For that reason, the rule provides for spontaneous telephonic hearings only in exigent circumstances when manifest unfairness would otherwise occur.  Each judicial officer retains the discretion whether to entertain spontaneous telephonic hearings on a case-by-case basis.