Bankruptcy Judge for the Eastern District of Texas.
Julie Davis - Tyler Courtroom Deputy Clerk
CRD_TYL@txeb.uscourts.gov
Mona Doyle - Beaumont Courtroom Deputy Clerk
CRD_BMT@txeb.uscourts.gov
All attorneys shall dress in appropriate business attire preserving an atmosphere of dignity and respect to the Court.
While no formal dress code exists, all persons entering the courtroom are to dress in a manner respectful to the Court. Attorneys are responsible for conveying the proper attire to their clients and staff members.
To order a transcript
Transcript requests for hearings held in Tyler, Texas prior to January 2007 should be made to the Tyler Clerk's Office at 903-590-3200.
Transcript requests for hearings held in Beaumont, Texas prior to March 2007 should be made through the Beaumont clerk’s office at 409-839-2617.
Transcript requests for hearings held after January 1, 2007 in Tyler and after March 1, 2007 in Beaumont should be made by contacting the service provider below:
National Court Reporters 1-214-802-7196www.NCRDallas.com
Requests to Redact Personal Identifiers in a Transcript
Counsel seeking redaction of personal identifiers contained in a transcript must complete and file form Statement of Redaction of Personal Identifiers in Transcript with the court within 7 days of the court receiving the transcript. The notice must include the page(s), line number(s), and information to be redacted. If filing electronically, use the event selection Notice of Intent to Redact Transcript Information located under Notices. After filing the notice with the court, a copy must be provided to the transcriber.
Pursuant to FRBP 9037, personal identifiers to be redacted include:
Counsel seeking to redact or restrict information contained in a transcript that does not meet the criteria above must obtain a court order by filing a motion to seal prior to hearing.
The Court uses digital recording as the means of taking the official record in all hearings. Parties may purchase a copy of the audio recording of a bankruptcy proceeding directly from the Court. Please see our official Fee Schedule to determine the current fee for purchase of an audio recording. All requests should be made through the appropriate Clerk’s office.
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Parties should consult the hearing notice or order setting hearing for information concerning the method by which a particular hearing will be conducted.
Unless otherwise specified on the hearing notice or order setting hearing, all trials and routinely scheduled docket day hearings in Judge Searcy’s court will be conducted In Person in either Tyler or Beaumont.
For further information on health and security procedures for In Person Hearings, consult the procedures located on Judge Searcy's webpage on the Court's website, www.txeb.uscourts.gov/content/judge-Searcy under the “Health and Safety (Covid-19) Protocols” tab.
Status conferences will generally be conducted as a Virtual Hearing. Initial management conferences in adversary proceedings will generally be conducted telephonically. The Court in its discretion may determine that an In Person Hearing would be more beneficial in any matter generally conducted telephonically or as a Virtual Hearing.
For information on expedited or emergency hearings, please refer below to Judge Searcy’s Virtual Hearing procedures.
For information on requesting a telephonic appearance, please refer below to Judge Searcy’s Telephonic Appearances procedures.
For information on requesting a virtual appearance at an In Person hearing, please refer below to Judge Searcy's Virtual Appearances at In Person Hearings procedures.
If parties to a scheduled In Person Hearing reach an agreement and upload an agreed order signed by all parties on the day before a trial or hearing, the Court will take the matter off of the docket. If parties to a scheduled In Person Hearing reach an agreement requiring announcement, they may appear on the date of the hearing to announce their agreement on the record, or may consider requesting a telephonic appearance for the purpose of announcing their agreement.
Requests for continuances require Court approval.
For information concerning agreements for matters set for hearing on a Chapter 13 Docket Day, please refer below to Judge Searcy’s Chapter 13 Docket Day Hearings procedures.
Parties may request that a scheduled In Person Hearing be converted into a Virtual Hearing by filing a “Motion to Convert In Person Hearing into Virtual Hearing” together with a proposed order signed by all parties using the appropriate event in CM/ECF. A “Motion to Convert In Person Hearing into Virtual Hearing” does not require negative notice language, and should be served in accordance with LBR 9013(f).
Absent unusual exigent circumstances, all parties to a particular matter must agree in order for the Court to consider converting a duly noticed In Person Hearing into a Virtual Hearing. Potential elevated health risks posed by an In Person appearance to a debtor, attorney, or litigant with special health needs is an example of a possible unusual exigent circumstance.
The Court may in its discretion deny any request to convert an In Person Hearing into a Virtual Hearing, including because of due process concerns raised by a request made shortly prior to commencement of a duly noticed In Person Hearing. Requests in connection with a contested matter made after the deadline for exchange of exhibits and witness lists pursuant to LBR 7016(d) are disfavored. Parties seeking to make such a conversion request are encouraged to do so as early as possible.
If an In Person Hearing is converted into a Virtual Hearing by the Court, parties are advised that this conversion may necessitate rescheduling of that hearing to a later date.
Judge Searcy’s Tyler and Beaumont courtrooms allow a party wishing to do so to electronically present documents, exhibits or other materials (subject to the Court’s right to limit or disallow such presentations) from the counsel tables by using a laptop computer. The presentation will be visible from the bench, counsel tables, counsel podiums, and the witness stand.
A party wishing to make such a presentation must supply the laptop computer and any necessary adapters for any such presentation. The Court will provide a standard HDMI to the Courtroom Technology system. The Court will not supply a laptop computer to any party for use in the Courtroom. Any party planning to make such a presentation must contact and notify the appropriate Courtroom Deputy Clerk at least 24 hours in advance of any hearing or trial in which that party desires to make an electronic presentation. Parties are strongly encouraged to arrive early and ensure all technology sought to be used is interoperable and functioning properly to avoid delays.
Chapter 13 Docket Days are conducted In Person unless otherwise specified on the hearing notice or order setting hearing.
Agreements resolving a matter set for hearing during a Chapter 13 Docket Day and not yet reduced to writing may be announced at 9:00 a.m. (including matters on the 2:00 p.m. docket) prior to the start of Judge Searcy’s 9:30 a.m. morning docket. Requests for continuances require Court approval. However, parties are given an opportunity to request continuances of a 2:00 p.m. matter immediately following the conclusion of the morning docket.
Judge Searcy is mindful of the potential convenience of Virtual Hearings to consumer debtors, yet considers the preservation of courtroom etiquette and decorum of vital importance. Therefore, parties may request that an In Person Hearing scheduled during a Chapter 13 Docket Day be converted into a Virtual Hearing by filing a “Motion to Convert In Person Hearing into Virtual Hearing” together with a proposed order signed by all parties including the Chapter 13 Trustee using the appropriate event in CM/ECF. A “Motion to Convert In Person Hearing into Virtual Hearing” does not require negative notice language, and should be served in accordance with LBR 9013(f).
Requests to convert an In Person Hearing scheduled during a Chapter 13 Docket Day into a Virtual Hearing should only be filed when conversion will specifically benefit the Debtor(s)’ particular circumstances. An attorney’s desire to avoid traveling to Court for an In Person Hearing scheduled during a Chapter 13 Docket Day is not a basis to request conversion absent unusual extenuating circumstances. If an In Person Hearing scheduled during a Chapter 13 Docket Day is converted into a Virtual Hearing by the Court, parties are advised that this conversion will necessitate rescheduling of that hearing to a later date. Absent unusual exigent circumstances, all parties to a particular matter must agree including the Chapter 13 Trustee in order for the Court to consider converting a duly noticed In Person Hearing into a Virtual Hearing. The potential elevated health risks posed by an In Person appearance to a debtor, attorney, or litigant with special health needs is an example of a possible unusual exigent circumstance.
The Court may in its discretion deny any request to convert an In Person Hearing into a Virtual Hearing, including because of due process concerns raised by a request made shortly prior to commencement of a duly noticed In Person Hearing.
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Currently, Virtual Hearings are conducted entirely virtually without any In Person appearances. The Court utilizes Microsoft Teams to conduct Virtual Hearings.
All emergency hearings held pursuant to LBR 9007(b) will be conducted virtually unless otherwise specified on the hearing notice or order setting hearing. Parties seeking an In Person Hearing on a matter set for emergency hearing pursuant to LBR 9007(b) should include in their emergency hearing request an explanation of the reasons justifying holding such a Hearing In Person.
Expedited hearings held pursuant to LBR 9007(c) may be conducted either as a Virtual Hearing or In Person depending on the circumstances of the matter for which expedited hearing is sought. The hearing notice or order setting expedited hearing will specify whether such hearing will be a Virtual Hearing or In Person Hearing. Parties seeking an expedited hearing pursuant to LBR 9007(c) should explain in their expedited hearing request whether and why they seek an In Person or Virtual Hearing.
Please refer to the document below for instructions on participating in a Virtual Hearing in Judge Searcy's court, including how to properly submit exhibits.
Virtual Hearing Instructions
Judge Searcy generally allows telephonic appearances at both In Person and Virtual Hearings. However, parties are advised that absent special permission obtained in advance, the telephonic appearance of any witness who will give testimony is not permitted. A witness giving testimony at an In Person Hearing must appear in person. A witness giving testimony at a Virtual Hearing must appear pursuant to the instructions for participating in a Virtual Hearing in Judge Searcy’s court. Any party desiring to appear telephonically at an In Person Hearing must make prior arrangements with the appropriate courtroom deputy.
For matters to be heard in Tyler, Texas please contact Julie Davis at 903-590-3240 or CRD_TYL@txeb.uscourts.gov.
For matters to be heard in Beaumont, Texas please contact Mona Doyle at 409-654-7064 or CRD_BMT@txeb.uscourts.gov.
Telephonic Appearances Are Not Permitted on Chapter 13 Docket Days.
Judge Searcy’s Tyler and Beaumont courtrooms have the capability to allow a virtual appearance at an In Person hearing utilizing Microsoft Teams (a “Virtual Appearance”). Judge Searcy allows Virtual Appearances, other than on Chapter 13 Docket Days, but attorneys presenting witnesses for testimony are strongly discouraged from attempting to do so by Virtual Appearance. Absent special permission obtained in advance, a witness who will give testimony at an In Person Hearing is not permitted to do so by Virtual Appearance. A witness giving testimony at an In Person Hearing must appear in person.
A Virtual Appearance at an In Person hearing is different from a telephonic appearance at an In Person hearing. A party making a Virtual Appearance will be able to see the Court, counsel tables, and the witness box in the courtroom. A party making a telephonic appearance can only hear and speak in court proceedings and cannot see the courtroom. For information on requesting a telephonic appearance, please refer above to Judge Searcy’s Telephonic Appearances procedures. A Virtual Appearance at an In Person hearing is also different from a Virtual Hearing, which is a hearing conducted entirely virtually without any In Person appearances. For information on appearing at a Virtual Hearing, please refer above to Judge Searcy’s Virtual Hearing procedures.
A party making a Virtual Appearance will not be able to see exhibits presented in paper format in the courtroom. For this reason, any party making a Virtual Appearance should contact opposing counsel in advance to obtain copies of exhibits to be presented at an In Person Hearing. All counsel are expected to comply with LBR 9014(d)(2) regarding timely exchange of exhibits. A party making a Virtual Appearance must still comply with the requirement under LBR 9014(d)(2) to tender to all other parties: (a) a witness list; (b) an exhibit list; and (c) a copy of each of the listed exhibits, properly designated under LBR 7016(d), which that party may seek to introduce.
Please refer to the document below for instructions on making a Virtual Appearance at an In Person Hearing in Judge Searcy's court, including how to properly submit exhibits.
Virtual Appearance Instructions
Any party desiring to make a Virtual Appearance at an In Person Hearing must make prior arrangements by contacting the appropriate courtroom deputy by email at the address listed below. In addition to the appropriate courtroom deputy, any request for a Virtual Appearance must also be sent to all parties affected by the pleading to be considered by the Court including but not limited to counsel for movant, all objecting parties, any Trustee, the U.S. Trustee as appropriate, and any other affected party.
A request for a Virtual Appearance must be made no later than the deadline for filing a witness or exhibit list as proscribed by LBR 7016(d). A Virtual Appearance requested after this deadline will not be permitted absent unusual extenuating circumstances. The Court may in its discretion deny any request for a Virtual Appearance, including because of due process concerns raised by the timing of such a request.
Virtual Appearances Are Not Permitted on Chapter 13 Docket Days.
The health and safety of everyone who appears in Judge Searcy’s court, including court staff, debtors, creditors, lawyers, litigants, law enforcement personnel, and the public, is of prime importance. The Court needs your help to ensure the health and safety of everyone who appears in Judge Searcy's court.
Parties attending an In Person Hearing in Judge Searcy’s court are encouraged to limit the number of people attending such hearing to those who are necessary to the process. Parties are responsible to disseminate these protocols to all persons/witnesses appearing in conjunction with the party’s court presentation. Any person who fails to abide by these Health and Safety (Covid 19) Protocols may be escorted from the courtroom and excluded from the secured area.
If planning to attend an In Person Hearing, do not come to the courthouse if you or a person in your household are not feeling well, or have symptoms associated with COVD-19, including:
Furthermore, do not come to the courthouse if you fall within one of the following categories on the date of your In Person Hearing:
If you are scheduled or required to appear at an In Person Hearing in Judge Searcy’s court and you are unable to appear because of these Health and Safety (Covid-19) Protocols, then you should, in addition to advising the appropriate courtroom deputy AS SOON AS POSSIBLE, take one or more of the following actions as appropriate to your case or contested matter:
When attending an In Person Hearing in Judge Searcy’s court, the following security procedures will be observed to ensure the safety of all persons:
When attending an In Person Hearing in Judge Searcy’s court, the following courtroom procedures will be observed to ensure the safety of all persons:
Parties attending an In Person Hearing in Judge Searcy’s court are additionally encouraged to review and comply with CDC guidance on “How to Protect Yourself & Others” when preparing for attendance at an In Person Hearing. This guidance can be found at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html
