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Remote Participation in Bankruptcy Court Proceedings

Elizabeth C. Wiggins
November 15, 2017

This guide on the use of distance participation (DP) technology to conduct bankruptcy hear­ings and trials provides an overview of general considerations, ranging from philo­sophical to practical, and then examines separately the use of the teleconferencing and videoconferencing. Each district, and indeed each judge, must decide whether to use DP technology, and if so, how to use it. The goals of this guide are to aid in making those decisions, and to encourage the use of DP technology so as to promote access to the courts, make the best use of existing judicial re­sources, and contain costs while maintaining the quality of court pro­ceedings and compliance with the Federal Rules of Bankruptcy Proce­dure, the Federal Rules of Evidence, and other legal authority. Its suggestions are based on the varied experiences of bankruptcy judges and clerks of court around the country.

This guide was prepared at the request of the Judicial Conference of the United States Committee on the Admin­istration of the Bankruptcy System. The guide builds on a 2005 FJC Roundtable and Report and reflects technological ad­vances and the courts’ increased ex­perience with DP technology.

PDFs of the guide and appendices are below. Appendix B: Sample Case-Management Orders is a separate webpage.