Adopting Local Rules; Limit on Enforcing a Local Rule; Absence of Controlling Law

U.S Code last checked for updates: Jan 30, 2025

Rule 9029.

(a)

Adopting Local Rules.

(1)

By District Courts. Each district court, acting by a majority of its judges, may make and amend rules governing practice and procedure in all cases and proceedings within its bankruptcy jurisdiction. Fed. R. Civ. P. 83 governs the procedure for adopting local rules. The rules must:

(A)

be consistent with—but not duplicate—Acts of Congress and these rules;

(B)

not prohibit or limit using Official Forms; and

(C)

conform to any uniform numbering system prescribed by the Judicial Conference of the United States.

(2)

Delegating Authority to the Bankruptcy Judges. A district court may—subject to any limitation or condition it may prescribe and Fed. R. Civ. P. 83—authorize the district’s bankruptcy judges to make and amend local bankruptcy rules.

(b)

Limit on Enforcing a Local Rule Regarding 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.

(c)

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.

(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 2, 2024, eff. Dec. 1, 2024.)