Originally posted May 14, 2021

Due to the COVID-19 pandemic, the Bankruptcy Court for the District of New Mexico has allowed video testimony and video participation by counsel at evidentiary hearings and trials. This Notice describes a change in policy now that COVID-19 vaccines are widely available.

Beginning July 1, 2021, the Court no longer will routinely permit testimony or counsel participation by video at evidentiary hearings and trials. Instead, counsel, parties, and witnesses must appear in person. This change does not affect previously issued court orders authorizing video testimony and appearances after July 1, 2021, nor does it affect chapter 13 hearings (see below).

The Court will consider exceptions to this policy on a case-by-case basis. Counsel may request exceptions by motion or at a preliminary hearing or pretrial conference. To be considered, requests must be made well in advance of the evidentiary hearing.

The Court generally will permit counsel, parties, and witnesses outside the Albuquerque area to testify and participate by video in chapter 13 final confirmation hearings.

Current procedures for telephone appearances at preliminary hearings, non-evidentiary hearings, and conferences are unchanged.