(a) Local Rules by Circuit Councils and District Courts.
(1) Circuit councils which have authorized bankruptcy appellate panels pursuant to 28 U.S.C. § 158(b) and the district courts may, acting by a majority of the judges of the council or district court, make and amend rules governing practice and procedure for appeals from orders or judgments of bankruptcy judges to the respective bankruptcy appellate panel or district court consistent with—but not duplicative of—Acts of Congress and the rules of this Part VIII. Local rules shall conform to any uniform numbering system prescribed by the Judicial Conference of the United States. Rule 83 F.R.Civ.P. governs the procedure for making and amending rules to govern appeals.
(2) A local rule imposing a requirement of form shall not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requirement.
(b) Procedure When There is No Controlling Law. A bankruptcy appellate panel or district judge may regulate practice in any manner consistent with federal law, these rules, Official Forms, and local rules of the circuit council or district court. No sanction or other disadvantage may be imposed for noncompliance with any requirement not in federal law, federal rules, Official Forms, or the local rules of the circuit council or district court unless the alleged violator has been furnished in the particular case with actual notice of the requirement.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 27, 1995, eff. Dec. 1, 1995.)
added in current removed in current
Compared to current version (2025).
(a) Local Rules by CircuiTime to Serve and File a Brief. Unless the district Ccouncils and District Courts.
(1) Circuit councils which have authorized bankruptcy appellate panels pursuant to 28 U.S.C. § 158(b) and the district courts may, acting by a majority of the judges of the council or district court, make and amend rules governing practice and procedure for appeals from orders or judgments of bankruptcy judges to the respective bankruptcy appellate panel or district court consistent with-but not duplicative of-Acts of Congress and the rules of this Part VIII. Local rules shall conform to any uniform numbering system prescribed byrt or BAP by order in a particular case excuses the filing of briefs or sets a different time, the following time limits apply:
(1) Appellant’s Brief. The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been sent or that it is available electronically.
(2) Appellee’s Brief. The appellee must serve and file a brief within 30 days after the appellant’s brief is served.
(3) Appellant’s Reply Brief. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief but at least 7 days before scheduled argument-unless the district court or BAP, for cause, allows a later filing.
(4) Consequence of Failure to File. If an appellant fails to file a brief on time or within an extended time authorized under (a)(3), the district court or BAP may-on its own after notice or on the appellee’s motion-dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the district court or BAP grants permission.
(b) Duty to Serve and File an Appendix.
(1) Appellant’s Duty. Subject to (e) and Rule 8009(d), the appellant must serve and file with its principal brief an appendix containing excerpts from the record. It must contain:
(A) the relevant docket entries;
(B) the complaint and answer, or equivalent filings;
(C) the Jjudicial Conference of the United States. Rule 83 F.R.Civ.P. governs the procedure for making and amendinggment, order, or decree from which the appeal is taken;
(D) any other orders, pleadings, jury instructions, findings, conclusions, or opinions relevant to the appeal;
(E) the notice of appeal; and
(F) any rueles to govern appeals.
(2) A local rule imposing a requirement of form shall not be enforced in a manner that causes a party to lose rights because of a nonwillful failure to comply with the requiremevant transcript or portion of it.
(2) Appellee’s Appendix. The appellee may serve and file with its brief an appendix containing any material that is required to be included or is relevant to the appeal or cross-appeal but that is omitted from the appellant’s appendix.
(3) Cross-Appellee’s Appendix. The appellant-as cross-appellee-may also serve and file with its response an appendix containing material that is relevant to matters raised initially by the cross-appeal but that is omitted by the cross-appellant.
(bc) Procedure When There is No Controlling Law. A bankruptcy appellate panel or district judge may regulate practice in any manner consistent with federal law, these rules, Official Forms, and local rules of the circuit council or district court. No sanction or other disadvantage may be imposed for noncompliance wiFormat of the Appendix.
(1) Content. The appendix must:
(A) begin with a table of contents identifying the page at which each part begins;
(B) put the relevant docket entries after the table of contents;
(C) then put other parts of the record chronologically;
(D) when transcript pages are included, show the transcript page numbers in brackets immediately before the included pages; and
(E) indicate omissions from the text of a document or of the transcript by asterisks.
(2) Immaterial Formal Matters. The appendix should not include immaterial formal matters, such as captions, subscriptions, and acknowledgments.
(d) Reproducing Exhibits. Exhibits designated for inclusion in the any requirement not in federal law, federal rules, Official Forms, or the local rules of the circuit council or district court unless the alleged violator has been furnishedppendix may be reproduced in a separate volume or volumes, suitably indexed.
(e) Appeal on the Original Record Without an Appendix. The district court or BAP may, either by rule for all cases or classes of cases or by order in thea particular case with actual notice:
(1) dispense with the appendix; and
(2) permit an appeal to proceed ofn the requirement.
(As amenoriginal record with the submission of any relevant parts that the district court or BAP orders the parties to file. (Added MaApr. 30, 198725, 2014, eff. AugDec. 1, 1987;2014; amended Apr. 27, 19952024, eff. Dec. 1, 19952024.)