REQUIREMENTS AND PROCEDURES FOR REMOTE

ATTENDANCE AT HEARINGS BEFORE JUDGE GROSSMAN

I.          REQUIREMENTS FOR PERMITTED REMOTE APPEARANCES

Effective February 1, 2023, except for the Court’s monthly Chapter 13 calendar, and unless otherwise ordered, attorneys and pro se parties must attend all hearings in person, unless:

(a) they reasonably believe they have a contagious illness (including COVID),

(b) they are only observing the hearing,

(c) in advance of the hearing, there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved. Note: Lack of any filed objections to a motion or application does not necessarily mean there is a clear agreement between all interested parties, or

(d) the Court has granted leave to attend remotely for good cause shown by ex parte motion filed not later than (i) seven days before the hearing, or (ii) in emergency or unforeseen circumstances, as soon as reasonably practicable in advance of the hearing.

Further, due to current staffing issues for the Office of the United States Trustee, any counsel for the United States Trustee residing outside of the Southern District of Florida may attend any non-evidentiary hearing remotely and make substantive argument without filing a motion requesting leave to do so.

II.         PROCEDURES FOR PERMITTED REMOTE APPEARANCES

Unless otherwise ordered, the following procedures apply to remote attendance at hearings before Judge Grossman:

1. REMOTE APPEARANCE PROVIDER. The Court uses Zoom Video Communications, Inc. ("Zoom") for remote appearances. To participate in the hearing remotely via Zoom, you must register in advance no later than 3:00 p.m., one business day before the date of the hearing, except for hearings set on an emergency basis, in which case participants must register at least one hour before the hearing. Upon registration, Zoom will provide a password-protected link for the Zoom conference. 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 REMOTE APPEARANCE.  To register for a remote appearance via Zoom, click here, or manually enter the following web address into a browser:

https://www.zoomgov.com/meeting/register/vJIsceqsqzMtG7hezfpqRtlAFR1SzvHObJU.

Fill out all required information on the registration page. If you have more than one matter set for hearing at the same date and time, you only need to register once for that date, but you must provide all relevant case numbers, case names and client names in the registration process.

3. 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. 

4. 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 in compelling circumstances and with appropriate safeguards, a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom.

A. Rule 43(a) Motion Requirements. The party seeking relief under Rule 43(a) must file a timely motion. In the absence of an unanticipated emergency, any last-minute motion will be denied without a hearing. Any motion under Rule 43(a) must include the following information:

            (i) The name, and title (if applicable) of the witness;

            (ii) The reason why the witness requests to appear remotely;

            (iii) The matter(s) on which the witness is anticipated to provide testimony;

            (iv) The city, state, and country from which the remote witness will be testifying;

            (v) The type of place (i.e., home, office, hospital, airport, etc.) from which the remote witness will be testifying;

(vi)  Whether anyone will be in the room or able to communicate with the remote witness during the testimony and, if so, for each such person, the person’s name, title, relationship to the remote witness, and purpose for being present or able to communicate with the witness; and

(vii) Whether the remote witness will have access to any documents other than exhibits that have been provided to the Court and the parties and, if so, the identity of each such document.

B. Remote Testimony Procedures and Requirements. If a witness is authorized to appear remotely, the Court will administer the oath to each remote witness by video conference, and the witness’s testimony will have the same effect and be binding upon each remote witness in the same manner as if the remote witness was sworn in by the Court in person in open court. As appropriate safeguards required by Rule 43(a), the Court also requires that:

(i) 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;

(ii) no other person is permitted to be in the same room with any remote witness unless specifically authorized by the Court;

(iii) each remote witness may 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

(iv) 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. 

C. Responsibility For Remote Witnesses. The party sponsoring each remote witness is 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 before the hearing, and the remote witness has the technological capability to participate in the hearing via Zoom.

5. CONDUCT DURING HEARING. To avoid distractions during the hearing, all participants must mute electronic devices and disable all audible alerts. Although conducted using remote conferencing technology, the hearing is a court proceeding and 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. For hearings with multiple matters set at the same time, participants attending by video conference should keep their cameras off until their matter is called, at which time they should turn on their cameras for their particular hearing, and then turn them off again after their matter has concluded.

Persons participating in a hearing remotely also must:

(a) ensure that the display name shown on Zoom is their full name;

(b) state their name each time they speak;

(c) speak audibly, clearly, and slowly; and

(d) mute their microphone when they are not talking.

Failure to comply may result in an incomplete or inaccurate record of the proceedings.

Please note that when appearing remotely, you are connected directly with the sound system in the courtroom and will be able to hear all activity before the Court just as if you were in the courtroom. As with appearances in person, you must wait for the Judge to call the case, at which point he will request appearances and direct the manner in which the hearing proceeds. At the conclusion of your matter, you may disconnect from the Zoom meeting without requesting to be excused.