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

11 U.S.C. § Rule 8026. Making and Amending Local Rul

• Title: 11 — Bankruptcy
• Part: VIII

Text

(a) Local Rules.
(1) Making and Amending Local Rules.
(A) BAP Local Rules. A circuit council that has authorized 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 procedure 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 enforced 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 disadvantage may be imposed for noncompliance only if the alleged violator was given actual notice of the requirement in the particular case.

History

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)

Editorial Notes

Committee Notes on Rules—2014
This rule is derived from former Rule 8018. The changes to the former rule are stylistic.
Changes Made After Publication and Comment. No changes were made after publication and comment.

Committee Notes on Rules—2024 Amendment
The language of Rule 8026 has been amended as part of the general restyling of the Bankruptcy Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

References in Text
The Federal Rules of Civil Procedure, referred to in subd. (a)(1)(C), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.