Parties in adversary proceedings should be prepared at the first pretrial conference to submit a joint pretrial scheduling order. Judge Beckerman’s form of pretrial scheduling order can be found here.

In light of the COVID-19 pandemic, the Court anticipates that it will remotely conduct evidentiary hearings and trials. The parties to any such proceeding should confer and jointly propose an order setting forth applicable procedures no later than seven (7) days before the proceeding. Those procedures necessarily will take into account the nature of the proceeding at issue. An example of an appropriate order can be found at In re KB US Holdings, Inc., No. 20-22962 (SHL), Dkt. No. 176 (Sept. 18, 2020).

Unless otherwise directed or authorized by the Court, sworn written direct examinations or proffers should be used for evidentiary hearings and trials. Where such written direct examinations or proffers are used, the witness must be available for cross-examination and redirect. Such sworn written statements shall be exchanged by the parties and submitted to Chambers no later than five (5) days before the hearing or trial.

Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits (other than those intended to be used for rebuttal or impeachment) no less than fourteen (14) days before a contested evidentiary hearing or trial. No less than five (5) days before the evidentiary hearing or trial, the parties shall have agreed on the admissibility of as many exhibits as possible and provide two complete sets of the exhibits to Chambers in indexed joint exhibit books. Reasonable requests to modify the date for exchange of pre-marked exhibits generally will be granted if the matter’s litigation schedule makes the fourteen (14) day requirement impracticable.

Parties in adversary proceedings must submit to the Court a joint pretrial order at least seven (7) days before the trial date unless the Court orders otherwise. Judge Beckerman’s form of joint pretrial order can be found here.

Parties are encouraged to file motions in limine with respect to proposed evidence whose exclusion will materially affect the conduct of the trial. Such motions must be filed at least fourteen (14) days before trial and if documentary, attach a copy of the proposed evidence, with responses due at least seven (7) days before trial.

Where relatively junior attorneys are familiar with a matter under consideration but have less in-court experience than a colleague, Judge Beckerman will welcome the junior lawyer’s active participation and is amenable to allowing more than one attorney to speak during the proceeding. The ultimate decision of who speaks on behalf of a client rests with counsel, not the Court.