Rule 8026 — Making and Amending Local Rules; Procedure When There Is No Controlling Law

Fed. R. Bankr. P. 8026

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8026
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8026

Text

(a) LOCALRULES.
(1) Making and Amending Local Rules.
(A) BAP Local Rules. A circuit council that has author-
ized a BAP under 28 U.S.C. §158(b) may make and amend
local rules governing the practice and procedure on appeal
to the BAP from a bankruptcy court’s judgment, order, or
decree.
(B) District-Court Local Rules. A district court may make
and amend local rules governing the practice and proce-
dure on appeal to the district court from a bankruptcy
court’s judgment, order, or decree.
(C) Procedure. Fed. R. Civ. P. 83 governs the procedure for
making and amending local rules. A local rule must be
consistent with—but not duplicate—an Act of Congress
and these Part VIII rules.
(2) Numbering. Local rules must conform to any uniform
numbering system prescribed by the Judicial Conference of
the United States.
(3) Limitation on Enforcing a Local Rule Relating to Form. A
local rule imposing a requirement of form must not be en-
forced in a way that causes a party to lose any right because
of a nonwillful failure to comply.
(b) PROCEDURE WHEN THERE IS NO CONTROLLING LAW. A judge
may regulate practice in any manner consistent with federal law,
these rules, the Official Forms, and the district’s local rules. For
any requirement set out elsewhere, a sanction or other disadvan-
tage may be imposed for noncompliance only if the alleged viola-
tor was given actual notice of the requirement in the particular
case.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec.
1, 2024.)