Fed. R. Bankr. P. 8026

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

(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 .)