Update to Judge Derek J. Baker's Practices and Procedures

EVIDENTIARY HEARINGS

The following rules apply to all evidentiary hearings, both contested motions and adversary trials. Consult Judge Baker's Practices and Procedures for more detailed information regarding obligations in advance of any evidentiary hearing. The Court may exercise discretion to exclude exhibits and witnesses not properly exchanged or identified in accordance with these rules.

The initial hearing on all motions is evidentiary. See LBF 9014-3A and B.The Court assumes that on the date and time set for disposition of the relief sought, parties will present evidence.

All regularly scheduled hearings are presumptively scheduled for argument and presentation of evidence lasting 15 minutes per side. If a party believes more than 45 minutes is needed in the aggregate, the parties shall confer and notify Judge Baker's Courtroom Deputy no later than three (3) business days prior to the scheduled hearing date to schedule a specially listed hearing.***

In-person hearings are greatly preferred for all contested matters. Parties shall communicate with their adversaries and the Court if they intend to participate remotely. Matters are presumptively scheduled in hybrid format subject to the limitations below.

Parties should contact the Courtroom Deputy regarding Discovery Disputes and Settlement Conferences, in accordance with Judge Baker's Practices and Procedures.

EXHIBITS

• Parties shall file an anticipated Exhibit List on the Docket no later than three (3) business days before the scheduled hearing date.***

Parties should pre-mark and exchange exhibits with opposing counsel prior to the hearing. Parties should meet and confer in advance of the hearing regarding the method, timing, form of identification, and exchange of evidence. The Exhibit List must be filed on the Docket; the Exhibits themselves need not be docketed and can simply be presented at the hearing. Copies must be available at the hearing for the Judge, the Courtroom Deputy, the witness, and all adversaries.

When using an exhibit with a remote witness, the party proffering the exhibit and questioning the witness shall be responsible for sharing the exhibit through the Court's remote hosting program. Court staff is not responsible for sharing screens to display exhibits.

WITNESSES

• Parties presenting witnesses at a hearing or trial shall file a Witness List on the Docket no later than three (3) business days before the scheduled hearing date.***

• Witnesses and questioning participants shall be present in the Courtroom unless prior arrangements are made with the Courtroom Deputy.

The questioning of remote witnesses will only be permitted if:

1) presentation will be very brief with limited cross examination, or

2) compelling circumstances exist, and the party requested and received prior written permission

from the Courtroom Deputy no later than 3:00 p.m. three (3) business days prior to the scheduled

hearing date.***

*** Three (3) Business Days before Tuesday is the Thursday of the preceding week.

Three (3) Business Days before Thursday is Monday of the preceding week.

(Updated as of September 10, 2025)