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 1-214-802-7196 www.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.
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.
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Judge Searcy conducts In Person Hearings in Tyler, Beaumont, and Lufkin. Judge Searcy also conducts Virtual Hearings and Telephonic Hearings utilizing Microsoft Teams, and permits Virtual Appearances and Telephonic Appearances at In Person Hearings upon proper request. However, it is not possible to make a Virtual Appearance at In Person Hearings conducted in Lufkin.
Parties should consult the hearing notice or order setting hearing for information concerning the method by which a particular hearing will be conducted.
Judge Searcy schedules trials throughout each month but sets aside 2 days per month for motions and other matters in Chapter 7 and 11 cases, 2 days per month for motions and other matters in Chapter 13 cases, and 2 days per month for motions and other matters in adversary proceedings. These are called Docket Days. Judge Searcy’s annual calendar available on the Judges Docket portion of the Court’s website lists all weeks during which Docket Days are scheduled.
Subject to the Court’s schedule and the needs of the parties, many hearings are routinely held on Docket Days. Hearings on Docket Days are generally In Person, but may also be conducted in the Court’s discretion as Virtual or Telephonic Hearings.
Dockets for each week are typically posted on the Court’s website for review on the Friday that precedes such week. Because the dockets are subject to change, the docket may be periodically updated and posted on the website. A final updated docket will be available in the Courtroom but may not be posted on the Court’s website.
Parties must advise the appropriate Courtroom Deputy in advance if a hearing scheduled on a Docket Day is estimated to last more than one hour per LBR 9014(c). The Court may in its discretion reschedule any hearing scheduled on a Docket Day estimated to last more than an hour. 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 or Lufkin, Texas please contact Mona Doyle at 409-654-7064 or CRD_BMT@txeb.uscourts.gov.
Special procedures are observed on Chapter 13 Docket Days. For further information on how Judge Searcy conducts Chapter 13 hearings, please refer to Judge Searcy’s Chapter 13 Docket Day Procedures.
Trials in adversary proceedings are conducted In Person. Initial management conferences in adversary proceedings are conducted as Telephonic Hearings. Status conferences are conducted as Virtual Hearings.
Emergency or expedited hearings under LBR 9007(b) or (c) are generally conducted as Virtual Hearings.
For further information about appearing at Virtual Hearings, please refer to Judge Searcy’s Virtual Hearings procedures.
For further information on Virtual Appearances at In Person Hearings, please refer to Judge Searcy’s Virtual Appearances at In Person Hearings procedures.
For further information on Telephonic Appearances, please refer to Judge Searcy’s Telephonic Appearances procedures.
Parties may appear and announce agreements that settle matters scheduled for hearing.
If an agreed order signed by all parties is uploaded on the day before a trial or hearing, the Court will take the matter off of the docket. If the parties have reached an agreement but have not uploaded an agreed order, the parties may appear on the date of the hearing to announce their agreement on the record.
Requests for continuance require Court approval. To request a continuance a party may either appear at the hearing to orally request a continuance, or may file a motion for continuance together with a proposed order for the Court to consider. Agreed motions for continuance should be signed by all parties.
All parties are expected to timely 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.
Under LBR 7016(d), one copy of exhibits to be used at any In Person Hearings must be tendered to the Court through digital (electronic) media. To satisfy this requirement, in lieu of tendering the required digital (electronic) media exhibits in a format such as a USB flash drive or compact disc (CD), Judge Searcy prefers that parties attach (separately) each of those designated exhibits to the exhibit list that is filed with the Court. The Court’s CM/ECF has file size limitations, so parties may not submit multimedia video or audio files as attachments to an exhibit list. File size limitations make submitting each exhibit as a separate .pdf preferable to a single .pdf containing multiple indexed exhibits. Each separate .pdf file containing the designated exhibit should be named by the designated exhibit number or letter. If multiple parties are involved, the exhibit should list the party name before the number or letter.
For further information on submitting exhibits to be used at any Virtual Hearings, please refer to Judge Searcy’s Virtual Hearings procedures.
For further information on complying with these requirements when making a virtual appearance at In Person Hearings, please refer to Judge Searcy’s Virtual Appearances at In Person 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 agreed to and 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).
Parties making a conversion request are encouraged to do so as early as possible, preferably before the deadline for exchange of exhibit and witness lists pursuant to LBR 7016(d). 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.
If an In Person Hearing is converted into a Virtual Hearing by the Court, parties are advised that this may necessitate rescheduling the hearing to a later date.
Chapter 13 Docket Days are conducted In Person unless otherwise specified on the hearing notice or order setting hearing.
Virtual or Telephonic Appearances Are Not Permitted on Chapter 13 Docket Days.
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 continuance 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 convenience of Virtual Hearings to consumer debtors, yet considers live hearings in the courtroom to have vital benefit and 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 agreed to and 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 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 generally not a basis to request conversion. 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 will necessitate rescheduling the hearing to a later date.
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.
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 as Virtual Hearings unless otherwise specified on the hearing notice or order setting hearing. Parties seeking an emergency In Person Hearing pursuant to LBR 9007(b) should include in their emergency hearing request an explanation of the reasons justifying holding an In Person Hearing.
Expedited hearings held pursuant to LBR 9007(c) are generally conducted as Virtual Hearings but may be conducted as In Person Hearings depending on the circumstances of the matter. The hearing notice or order setting expedited hearing will specify whether a 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 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 Virtual Hearings 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 or Lufkin, 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 any In Person Hearing utilizing Microsoft Teams (a “Virtual Appearance”). The courtroom in the Ward R. Burke United States Courthouse in Lufkin does not have this capability and so Virtual Appearances are not permitted at In Person Hearings in Lufkin.
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 permission obtained in advance, a witness giving testimony at an In Person Hearing is not permitted to do so by Virtual Appearance and must appear in person.
A Virtual Appearance at an In Person hearing is different from a telephonic appearance. 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 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 attending Virtual Hearings, please refer to Judge Searcy’s Virtual Hearings 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.
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
A request for a Virtual Appearance should be made at least one day before a scheduled hearing, and preferably before the deadline for filing a witness or exhibit list as proscribed by LBR 7016(d). 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.
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, a 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.
For matters to be heard in Beaumont, Texas please contact Mona Doyle at 409-654-7064 or CRD_BMT@txeb.uscourts.gov.
Virtual Appearances Are Not Permitted on Chapter 13 Docket Days, nor during In Person Hearings conducted in Lufkin.
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.
For all business with Judge Searcy’s court, the following security procedures will be enforced to ensure the safety of all persons:
Persons attending In Person Hearings in Judge Searcy’s court are encouraged to review CDC guidance on how to protect yourself and others from respiratory viruses when preparing for attendance at In Person Hearings. This guidance can be found at: https://www.cdc.gov/respiratory-viruses/index.html.
