Attorney Appearances:  An attorney’s appearance is required unless expressly excused.

Communications with Chambers:  Counsel or a pro se party should contact Chambers by sending an email to the Courtroom Deputy only to alert Chambers that a proposed order (whether new or amended) has been uploaded after a hearing or to alert Chambers when filing a motion to shorten time to respond and/or request for an immediate hearing.  All other inquiries should be directed to the Clerk’s Office

First Day Motions in Business Chapter 11 Cases:  Counsel should send a courtesy email to the Courtroom Deputy to alert Chambers of the filing of first day motions and to schedule all first day matters.  The debtor’s counsel is encouraged to file an affidavit or declaration of the debtor’s authorized representative in support of any first day motions.

Hearing Protocols:  Protocols for videoconference, in person, and hybrid hearings are below under the heading “Hearing Protocols.”

Hearings on Self-Docketed Matters:  Click here for available hearing dates on self-docketed motions.  Motions for relief from stay and other self-docketed matters that will take more than 15 minutes must be specially set.  Please contact the Courtroom Deputy for a hearing date and time as soon as it becomes apparent that the matter will exceed the 15-minute limit.

Lift Stay Hearings and Other Evidentiary Hearings:  Lift stay hearings and other evidentiary hearings will be held in person unless the Court advises the parties in writing that the hearing will be conducted by videoconference or issues a hearing notice stating that the hearing will be conducted by videoconference.  A witness must testify in open court absent good cause in compelling circumstances and with appropriate safeguards as set forth in Federal Rule of Civil Procedure 43(a).  Convenience and cost to attend do not constitute compelling circumstances for a videoconference hearing.  Any request for permission for an attorney or a party to appear by videoconference should be directed to Hearings_MCR@mdb.uscourts.gov as early as possible with a copy of the email being sent to all counsel and unrepresented parties with an interest in the dispute(s) being heard.  The later an attorney or party requests to appear by videoconference, the less likely the request will be granted.

Motions for Relief from the Automatic Stay:  Judge Ruark hears motions for relief from the automatic stay on Thursdays at 10:00 a.m.  The movant’s counsel must send an email to the Courtroom Deputy (with a copy to the debtor’s counsel or, if the debtor is pro se, with a copy to the debtor) by 12:00 p.m. on the immediately preceding business day to advise the Court whether the matter is going forward, has been resolved by consent, has been continued, or should be taken off the calendar as a “no response.”  In the absence of timely notification to the Courtroom Deputy, the motion will be called at the scheduled date and time even if no response has been filed.  If the motion includes a request for an equitable servitude against the property, the relief will not be granted by default and a hearing must be held.

Objections to Claims:  An objection to a proof of claim may be sustained by the Court without need for a hearing only if the objecting party provides sufficient evidence to overcome the prima facie evidence of the validity and amount of the claim described in Bankruptcy Rule 3001(f).  In re Herron, 381 B.R. 184 (Bankr. D. Md. 2008); In re Gates, 214 B.R. 467 (Bankr. D. Md. 1997).  An affidavit or declaration in accordance with 28 U.S.C. § 1746 (that is, sworn or made under the penalty of perjury) by the debtor, if properly supported, may provide such evidence.

Pre-Trial Conferences When All Parties Represented by Counsel:  Judge Ruark generally will not require appearance at a pre-trial conference if the parties conduct a conference as required by Federal Rule of Civil Procedure 26(f)(1), made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7026, and the parties then file a joint report pursuant to Federal Rule of Civil Procedure 26(f)(2) that includes (i) an agreed upon deadline for completion of discovery, (ii) an agreed upon deadline for identification of any experts and submission of reports, (iii) an agreed upon deadline for filing dispositive motions, and (iv) an estimate of the time needed for the trial.  Any such joint report must be filed at least three business days prior to the scheduled pre-trial conference.  Counsel for one of the parties should send an e-mail to the Courtroom Deputy advising that the parties filed a Rule 26(f) report, and the Courtroom Deputy will promptly confirm whether the Court has excused the parties’ appearances at the pretrial conference.  Judge Ruark encourages the parties to use the form joint Rule 26(f) report found here.

Pre-Trial Conferences When at Least One Party Not Represented by Counsel:  Judge Ruark requires that a pre-trial conference be held if at least one party is a pro se individual even if no response has been timely filed to the complaint.  Judge Ruark generally holds pretrial conferences by videoconference.

Videoconference Hearings:

For general guidance regarding videoconference hearings, click here to access the Court's Virtual Hearings General Information page.

For Judge Ruark’s Protocol for Videoconference Hearings:  click here.

For Chapter 13 hearings, contact your Chapter 13 trustee for hearing access.

• Rebecca Herr – send email to hearing@ch13md.com
• Timothy Branigan – visit trustee’s website.

If you have questions about a hearing or experience technical difficulties during a videoconference hearing, contact Jennifer Whitfield, Courtroom Deputy, at (301) 344-0585 or Hearings_MCR@mdb.uscourts.gov.

In-Person Hearings:  For Judge Ruark’s Protocol for In Person Hearings and for information regarding her courtroom technology:  click here.

Hybrid Hearings:  A hybrid hearing is a hearing conducted in person and for which the Court grants prior permission for an attorney or a party to appear using ZoomGov.  For Judge Ruark’s Protocol for Hybrid Hearings and for information regarding her courtroom technology:  click here.