In-Person vs Virtual Participation in Court Hearings 

FOR JUDGE RANDAL S. MASHBURN

(These procedures apply only to Judge Mashburn’s Chapter 7/11 motion dockets, specially set hearings, and trials. See separate procedures on the Court’s website for Chapter 13 consolidated motion dockets and Columbia/Cookeville Chapter 7, 12, and 13)

ALL MATTERS WILL BE CONDUCTED IN PERSON, IN THE COURTROOM, WITH THE FOLLOWING EXCEPTIONS:

Uncontested Matters: Participation via Zoom video or audio will be limited to the following uncontested situations:

1. Any matters that are or will be resolved by agreement;
2. Continuances agreed upon by all parties;
3. Preliminary hearings on stay relief motions where parties agree to a continuance of the preliminary hearing or agree to set the motion for final hearing.

Based on the requirements of the Judicial Conference of the United States, the Court does not provide generic video links or all-purpose access codes. To give notice and receive an access code for a specific court docket in the above circumstances, the following procedure applies:

• A request for the virtual access link must be made no later than noon (CT) on the business day immediately prior to the hearing date.
• No motion is required, but the requesting party must submit a fill-in form on the Court website at https://www.tnmb.uscourts.gov/request-virtual-link
• The form requires the following:

1. Date and Time of Hearing
2. Courtroom
3. Name of Debtor(s) and/or Style of Adversary Proceeding
4. Case and/or Adversary Proceeding Number
5. Name and E-Mail Address of Person Requesting to Appear by Video
6. Reason for Request
7. Certification that Virtual Participation is Allowed Based on the Guidelines Set Forth in this section on the Court Website

Pretrial Conferences:  Pretrial conferences in adversary proceedings will be conducted telephonically using Zoom audio, unless the Court orders otherwise. The Summons and Notice of Pretrial Conference will provide the access information.

Subchapter V Status Conferences:  Status conferences in Subchapter V cases may sometimes be conducted with some participants given the option of appearing virtually.  Any variation from required in-person participation will be reflected in the Notice of Small Business Subchapter V Status Conference.

Motions to Participate Virtually: If there is good cause to request virtual participation, a motion should be filed in compliance with LBR 9075-1 at least 48 hours in advance of the hearing. Any such motion should set forth in detail the circumstances giving rise to the request and the justification for varying from the Court’s normal procedures. The Court will act upon the motion as much in advance of the hearing as is practical.  Motions will rarely be granted unless emergencies or unusual circumstances exist.

“First Day Hearings” in New Chapter 11 Cases: When a debtor(s) requests an expedited hearing on first-day motions, the motion should include information to assist the Court in determining whether virtual participation by some parties is necessary. The Court will consider such factors as the nature of the case, the amount of notice involved, the number of parties expected to participate, the extent that any matters are expected to be contested, and any other relevant factors. If the Court determines that virtual participation should be available, the orders setting the hearings will include a specific provision with virtual access information.

Large Chapter 11 Cases: In large cases involving multiple out-of-town counsel, the Court will sometimes enter a separate procedural order allowing virtual participation for certain types of matters in the particular case. Otherwise, virtual participation will only be allowed in the limited circumstances listed above or upon motion.

Zoom Links:  Should any party be permitted to appear virtually by Zoom video or audio, a one-time link will be provided to that party.