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In-Person vs Virtual Participation in Court Hearings

Judge Walker’s Procedures Regarding Participation For All 7/11 Motion Dockets And Hearings

(Procedures for the consolidated Chapter 13 dockets and Cookeville/Columbia 7,12, and 13 dockets are addressed in separate procedures on the Court’s website)

For all hearings scheduled in Courtroom 2, Judge Walker will continue to conduct motion dockets both virtually utilizing Zoomgov,[1] and in-person. This hybrid format will allow parties to choose whether they appear in-person or virtually. Any interested party may appear in-person, with virtual appearances being permitted utilizing Zoomgov, unless otherwise ordered by the Court. When participants choose to utilize Zoomgov, they are required to appear by video. Audio only participation is not allowed unless there is an emergency, or it has been expressly approved by the Court under limited circumstances. 

Please note that all evidentiary hearings and trials will be held in-person.

If a participant would like to appear using Zoomgov, then a request for the virtual access link must be made no later than the day before the hearing date. Even though no motion is required, the requesting party must register for a virtual link by submitting a completed form. Please visit the Court’s website for further instructions at: www.tnmb.uscourts.gov .

Hearing participants may view hearings before Judge Walker using Zoomgov free of charge. Individuals may appear by Zoomgov.com video using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone). Neither a Zoom nor a Zoomgov account are necessary to participate. The audio portion of each hearing will be recorded electronically by the Court and constitute its official record.

Any party choosing to appear virtually is responsible for ensuring they have sufficient bandwidth and high-quality audio/video capabilities. The Court reserves the right to terminate connections, reschedule matters or require parties to attend in person if the audio/video quality is distracting, unstable, or interfering with the court proceedings. 

 Participants in Pretrial Conferences, Subchapter V Conferences, First Day Hearings in New Chapter 11 Cases, and Large Chapter 11 Cases will be able to appear using Zoomgov unless otherwise required to appear in person by an order of the Court.

Important: All persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions. The Clerk of the Court maintains an audio recording of all proceedings, which recording constitutes the official record of those proceedings.

 Requirements for Appearing on Zoomgov in Court

 

  1. Attorneys appearing virtually are solely responsible for testing their ability to appear virtually. If using a new internet service provider, new hardware or if you are unsure about the quality of your video and audio capabilities of your computer or mobile device, you are required to test the new system at least 48 hours before the scheduled hearing to ensure that your audio and video are working correctly.
  1. If you intend to speak at the hearing, find a quiet place from which to participate.
  1. If you are connecting to the hearing using a wireless device, you should situate yourself in a location with a strong wireless signal.
  1. Unless and until it is your turn to speak, you must mute your audio to minimize background noise and turn off your camera. If connected to Zoomgov by phone, you can mute or unmute your connection by pressing *6 on your phone.
  1. When you first speak—and each time you speak after someone else has spoken—say your name. This may seem awkward but is essential to making a good court record. The only part of the hearing being recorded is the audio.  If a transcript is requested, it is sometimes difficult for the transcriber to know who is speaking.
  1. Participants should turn off your camera until your case is called by the Court so to minimize distractions during the docket.
  1. Participants should try to avoid having a window or bright background behind you. (You may, as a result, appear on video as a shadow.) If you cannot avoid the bright background, try using a desk lamp or other light source to brighten your face.
  1. Participants and members of the public should at all times remember that although conducted remotely, these hearings are official court proceedings, and individuals should act accordingly.
    1. If video is enabled, please wear attire consistent with the decorum of court proceedings.
    1. Zoomgov permits the use of virtual backgrounds to safeguard your privacy.  If you choose to use a virtual background, please avoid backgrounds that are offensive or distracting.
  1. Zoomgov participants should use their first and last name in the video display to assist the Court in creating a record of the proceedings.
  1. Please refer to the Revised In-Person vs. Virtual Participation In-Court Hearings on the Court’s website for further information.

 

[1] All hearings will take place using Zoom for Government a free service that provides videoconference capabilities.