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

U.S Code last checked for updates: Feb 21, 2025

Rule 8026.

(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.

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