District of Idaho

Setting Hearings

Contact the courtroom deputy to obtain a hearing date.  Procedures for notice and hearings are governed by Federal Rules of Bankruptcy Procedure, Local Bankruptcy Rules, and the ECF Procedures.  Since the Court's calendar is heavily set, parties who anticipate extended argument or testimony should alert the courtroom deputy.

Vacating or Continuing Hearings

Procedures for vacating and continuing hearings are governed by Local Bankruptcy Rule 2002.2(f).

Motions to Reconsider

All "motions to reconsider" (properly a motion under Federal Rules of Bankruptcy Procedure 9023 or 9024) shall be filed with the Clerk without obtaining a hearing date.  The motion will be forwarded to chambers and Judge Hillen will either rule on the motion ex parte, ask for a response from the parties, or notify all parties of a hearing date.  Motions to correct clerical errors are addressed under Local Bankruptcy Rule 9024.1.

Forms of Orders

Pursuant to the ECF Procedures, Judge Hillen's proposed orders are emailed to Bankruptcy_Orders@id.uscourts.gov, and the subject line should contain the case number and the document number of the filed motion.  The form of orders is governed by Local Bankruptcy Rule 9004.1 generally, and 4001.2(j) for stay relief orders.

All orders in Chapter 12 and 13 cases, except those regarding uncontested or stipulated stay relief motions, require the signature approval of the Chapter 12 or 13 Trustee, unless otherwise ordered by the Court.  See Local Bankruptcy Rule 9004.1(c).

Evidentiary Hearings

Evidentiary hearings are generally governed by Federal Bankruptcy Rules 9014 and Local Bankruptcy Rule 9014.1.  However, objections to claims are governed by Local Bankruptcy Rule 3007.1(d) and stay relief matters by Local Bankruptcy Rule 4001.2(e)(3).  Parties shall mark and compile exhibits in the same manner as in adversary proceedings.  See sample pretrial order.

If a deadline exists for filing pre-hearing briefs and/or witness and exhibit lists, parties must comply with that deadline, regardless of the status of settlement negotiations, unless otherwise ordered by the Court.

Parties should be prepared at the beginning of a hearing to stipulate to the admission of any uncontested exhibits.

Melanie Battle - (208) 334-9396

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