OPEN CALENDAR PROCEDURE

Instructions for Self-Selecting Hearing Dates and Times
In Cases Assigned to Judge Mullins

  Quick Guide

            1.  This procedure applies to attorneys who file motions in any case or adversary proceeding, including paper cases.  It replaces the procedure for obtaining a hearing on a motion for relief from stay and applies to other types of motions as well.   Hearings need not be set in adversary proceedings or where they are not now routinely set in bankruptcy cases.  Trials, confirmations and motions on short notice may not be set using this procedure.

            2.  Select a date, time and location appropriate for the matter to be heard from the list of currently available dates.  The available dates and times depend on the type of matter and the filer's assessment of the likely time it will take to hear it.

IF YOU FILE ELECTRONICALLY AND SET THE HEARING IN THE PROCESS, THE MOTION AND NOTICE OF HEARING MUST BE SERVED AND FILED AT LEAST TEN (10) DAYS BEFORE THE HEARING DATE

IF YOU FILE THE MOTION OR NOTICE OF HEARING USING PAPER, THE HEARING DATE SELECTED MUST BE AT LEAST TWO (2) WEEKS AFTER THE DATE ON WHICH YOU HAVE (A) FILED THE MOTION AND NOTICE OF HEARING IN THE CLERK'S OFFICE AND (B) DELIVERED A COPY TO CHAMBERS.

            3.  Prepare and serve the notice of hearing in one document with the motion, application or objection to be calendared. Click here for a suggested form of notice and certificate of service.

            4.  No later than three (3) days after serving the pleadings, file the motion, application or objection with notice of hearing and certificate of service attached.

            5. Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar on line in ECF cases.

           6. You may use the Open Calendar Procedure to reset a hearing date if all parties agree.  Paper filers only must bring a copy to Chambers.

Detailed Instructions

1. This procedure applies to attorneys filing motions in any case or adversary proceeding, including paper cases, on and after February 1, 2002.
 

2. Select a date, time and location appropriate for the matter to be heard from the list of  currently available dates.

IF YOU FILE ELECTRONICALLY AND SET THE HEARING IN THE PROCESS, THE MOTION AND NOTICE OF HEARING MUST BE SERVED AND FILED AT LEAST TEN (10) DAYS BEFORE THE HEARING DATE. 

IF YOU FILE THE MOTION OR NOTICE OF HEARING USING PAPER, THE HEARING DATE SELECTED MUST BE AT LEAST TWO (2) WEEKS AFTER THE DATE ON WHICH YOU HAVE (A) FILED THE MOTION AND NOTICE OF HEARING IN THE CLERK'S OFFICE AND (B) DELIVERED A COPY TO CHAMBERS.

3. Prepare and serve the notice of hearing in one document with the motion, application or objection to be calendared. Click here for a suggested form of notice and certificate of service.    (This is a PDF document.)

4. No later than three (3) days after serving the pleadings, file the motion, application or objection with notice of hearing and certificate of service attached.

5. Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar on line in ECF cases.

6. You may use the Open Calendar Procedure to reset a hearing date if all parties agree, but you must follow the above instructions on filing the notice of hearing, i.e, ECF participants may set a hearing for a date that is at least ten (10) days after the participant files a new notice of hearing, and non-ECF participants may reset a hearing for a date at least two (2) weeks after filing and delivering to Chambers a new notice of hearing. (ECF participants are not required to notify Chambers.)  If all parties do not agree, continuances should be requested by motion, which you may schedule for hearing using the Open Calendar Procedure.