District of Idaho

Judge Hillen Adversary Procedures

Pretrial Conferences

Pretrial conferences, where necessary, are set by the Court in adversary proceedings.  The Court will consider scheduling a pretrial or status conference at the request of a litigant.  Pretrial conferences will be conducted telephonically.

Trial Setting

The Court will issue a pretrial order establishing the applicable trial dates with a supplemental order attached regarding exhibits and witness lists.  See sample order regarding witness and exhibits.

Discovery Practices

If a pretrial conference is held, discovery deadlines will be set at that time.  In cases where a pretrial conference is not required, discovery is governed by the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rule 7005.1 and the terms of the order setting the action for trial.

Trial Briefs

This matter will be taken up at the pretrial conference and any deadlines will be placed in the resulting pretrial order and notice of trial.  See sample pretrial order.

Preparation of Exhibits

Contact the courtroom deputy regarding premarking exhibits.  Judge Hillen requires a bench copy of all exhibits.  If there are 10 or more exhbits, please place them in a three ring binder before sending them to the Judge.  Also, note Local Bankruptcy Rule 5007.1.  See Sample Notice of Pretrial and Sample Pretrial Order.

Jury Demands/Jury Trials

Jury demands or requests may be set for hearing.  Jury trials will be held in accordance with Local Bankruptcy Rule 9015.1.