Judge Robert A. Mark

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Divisional Office:

Announcement:

Notice of Change in Service Provider for Telephonic Appearances - effective July 1, 2020.

Judge Tabs

Address/Contact

LOCATION

UNITED STATES BANKRUPTCY COURT
C. Clyde Atkins United States Courthouse
301 N. Miami Avenue
Courtroom: 4 / Chambers: Room 417
Miami, FL 33128

JUDICIAL ASSISTANT

Marcy Gatell
(305) 714-1762

LAW CLERK

Joshua Lanphear

(305) 714-1763

COURTROOM DEPUTY

Jackie Antillon
(305) 714-1766

Practice Tips

None at this time.

Procedures/Information

With the exception of certain Chapter 7 and Chapter 13 matters that may be self-calendared (see Guidelines for Self-Calendaring), Judge Mark’s calendar is maintained exclusively by the Courtroom Deputy. DO NOT call Judge Mark’s chambers about calendar matters. Check CM/ECF-PACER to determine the status of an order. For routine matters, you may call Judge Mark’s Courtroom Deputy to inquire about the status of an order ONLY if ten (10) days have elapsed from the date the order was submitted. For matters taken under advisement, you may call Judge Mark’s Courtroom Deputy to inquire about the status of the matter ONLY if sixty (60) days have elapsed from the later of the close of the briefing schedule or the date the matter was taken under advisement.
Chambers are to be contacted for information concerning emergency matters only.
Proposed orders which may need revising should be submitted electronically to RAM_chambers@flsb.uscourts.gov

Telephonic Appearance

UNDER NO CIRCUMSTANCES MAY ANY PARTICIPANT RECORD OR BROADCAST THE PROCEEDINGS CONDUCTED BY THE BANKRUPTCY COURT

BEGINNING JULY 1, 2020, telephonic hearings before Judge Mark will be through CourtSolutions, an independent, fee-based conference call service. To appear by telephone, you must establish an account with CourtSolutions by registering at the following website: www.court-solutions.com/SignUp. The Court strongly encourages you to establish an account well ahead of an initial telephonic appearance. If you are unable to register online, you may register by telephone at (917) 746-7476. CourtSolutions charges a flat fee of $50.00 for each daily telephonic appearance. If you are not represented by an attorney, you must still establish an account with CourtSolutions, but CourtSolutions will allow you to register without paying a fee.

Absent an emergency, telephonic appearances through CourtSolutions must be arranged with CourtSolutions no later than 3:00 p.m. prevailing Eastern Time on the business day prior to the hearing date.

GENERAL INSTRUCTIONS:

Participants appearing by telephone must be available when the hearing is scheduled and remain on the line until the matter is reached.
Participants appearing telephonically may not use a speakerphone or headset. A handset must be used. Each participant shall state his/her name and spell his/her last name. Thereafter, each time he/she speaks, each participant shall again state his/her name so the record will be clear.
Each participant must dial into the call no later than 10 minutes prior to the scheduled hearing. The conference call service will not call participants.
If a participant schedules a telephonic appearance and then fails to respond to the call of a matter, the Court may treat the failure to respond as a failure to appear.

Hearings by Video Conference

GENERAL PROCEDURES FOR HEARINGS BY VIDEO CONFERENCE [pdf]

Unless ordered otherwise, the following procedures apply to all hearings scheduled as video conferences:

1. VIDEO CONFERENCE. The hearing will take place only by video conference. Do not go to the courthouse. Attorneys must advise their clients and witnesses not to appear at the courthouse. The video conference will be conducted using the services of Zoom Video Communications, Inc. Zoom will provide a password-protected link for the appropriate Zoom video conference to those who register to participate in accordance with paragraph 2 below and who have been approved by the Court. All participants must conduct a pre-hearing test of Zoom using the same equipment that they intend to use during the hearing.

2. REGISTRATION FOR VIDEO CONFERENCE. Each person wishing to participate in the hearing by video conference must register for the video conference using the web address provided in the notice of hearing generated by the Court or provided in the Court order scheduling the hearing. Participants must register at least 24 hours prior to the hearing, except for hearings set on an emergency basis, in which case participants must register at least one hour prior to the hearing. If the Court sets more than one matter for hearing by video conference at the same date and time, participants need register only once but must provide all relevant case numbers, case names and clients in the registration process.

3. LIMIT ON PARTICIPATION BY VIDEO; ALTERNATIVE TELEPHONE PARTICIPATION. Parties should limit video conference participation to those persons necessary to present the matter(s) set for hearing. If the number of persons wishing to participate in the video conference, in the Court’s view, exceeds the number that would permit the efficient and reliable transmission of the hearing by video conference, the Court may require certain persons to participate in the hearing only by telephone. The Court will provide to each person participating by telephone separate dial-in instructions, which may be used with any telephone equipment.

4. PUBLIC ACCESS. The general public is invited to listen to the hearing by telephone. Any person wishing to listen to the hearing by telephone may e-mail the courtroom deputy for the relevant Judge to obtain dial-in instructions. E-mail contact information for courtroom deputies is provided under the name of each Judge on this web site.

5. RECORDING PROHIBITED; OFFICIAL RECORD. No person may record the proceedings from any location by any means. The audio recording created and maintained by the Court will be the sole basis for creation of a transcript that constitutes the official record of the hearing.

6. REMOTE WITNESS TESTIMONY. In accordance with Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 9017), for good cause and in compelling circumstances, a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom. Unless ordered otherwise, the Court will permit examination and/or cross-examination of witnesses in all evidentiary hearings conducted by video conference. The Court will administer the oath to each remote witness during the video conference and witness testimony will have the same effect and be binding upon each remote witness in the same manner as if such remote witness was sworn in by the Court in person in open court. As additional safeguards, the Court requires as follows: (a) if requested, each remote witness must disclose the city, state and country, and the type of place (such as home or office), where she or he is located while testifying; (b) no other person is permitted to be in the same room with any remote witness unless specifically authorized by the Court; (c) each remote witness shall have with her or him only those documents also provided to the Court for consideration in connection with the matter(s) set for hearing and no other documents or data unless specifically authorized by the Court; and (d) no person may communicate with a witness during his or her testimony, except by direct examination or cross-examination on the record, unless specifically authorized by the Court.

7. RESPONSIBILITY FOR REMOTE WITNESSES: The party sponsoring each remote witness shall be responsible for ensuring that the remote witness has registered with Zoom and obtained the password-protected link to the video conference, the remote witness has obtained all exhibits prior to the hearing, and the remote witness has the technological capability to participate in the hearing via Zoom.

8. CONDUCT DURING HEARING. To avoid distractions during the hearing, all participants must mute electronic devices and disable all audible alerts. Although conducted using video conferencing technology, the hearing is a court proceeding. The formalities of the courtroom must be observed. Counsel and witnesses must dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court.

9. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All papers submitted to the Court, including exhibits, must comply with the federal judiciary privacy policy as referenced under Local Rule 5005-1(A)(2).

United States Bankruptcy Court

Southern District of Florida

Erik P. Kimball, Chief Judge
Joseph Falzone, Clerk of Court

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