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Rochester Motion Calendars: Double-Check Availability (literally)

Attorneys in the Rochester Bankruptcy Court who file motions need to set the time and date of the hearing on the motion according to the Court's calendar of available motion dates. Our prior bankruptcy judge, Hon. John C. Ninfo II, did not limit the number of motions which could be assigned to one calendar; occasionally many more motions were scheduled for a hearing date than could be accommodated in the time allowed, and so motions would run over into overtime.

Our new bankruptcy judge, Hon. Paul R. Warren, is continuing the practice of allowing attorneys to chose a hearing date for their motion from a pre-set calendar, but if a calendar date fills up, the court will close that date to new motions. But it appears, at least for now, an attorney filing a motion needs to review two separate calendars to make sure a hearing date is still open to new motions. First, on the court website, under the tab "calendars", the attorney should select "Judge Warren". Calendar dates for the next month appear, and calendars that are full-up appear in red type as "calendar is full - you must choose another date."

But it is not enough to make sure the motion date is available on this list. The motion attorney also needs to click on the first item on the list, "2012 upcoming calendars", which will bring up a screen to click on a "pdf" file for calendars over the next three months. Some of the calendar dates that are indicated as available on the "Judge Warren" list will now appear as "(ONLY EMERGENCY OR TIME SENSITIVE MOTIONS THAT CANNOT WAIT UNTIL THE NEXT MOTION TERM)". These appear to be the last Thursday motion date each month. A motion attorney needs to call the court clerk or the judge's chambers to get prior approval to schedule a motion on one of these dates.

In summary: aat least for now, an attorney filing a motion will need to check both the "Judge Warren" list of calendar dates and the "upcoming calendars" pdf file to make sure that a calendar date is available for scheduling motions.

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Peter R. Scribner, Esq | 1110 Park Avenue | Rochester, New York 14610
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