Combined Statement of Admission to Practice or Pro Se

Tenth Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8003-2

Jurisdiction: US

Bluebook Citation: 10th Cir. BAP L.R. 8003-2

Status, Statement of Interested Parties, and Statement Regarding Oral Argument (the “Combined Statements”) Within 14 days of the date of the notice that the appeal has been docketed with this Court, or prior to the filing of a motion or response, whichever occurs first, a party must file the following with this Court: (a) Statement of Admission to Practice or Pro Se Status. The Statement of Admission to Practice or Pro Se Status must contain: the party’s name; mailing address; telephone number; ECF email address (or, for exempt filers who wish to be served by email, a consent to service by email including the email address to which service should be directed); and confirmation the attorney appearing on behalf of the party is admitted to practice before this Court in compliance with 10th Cir. BAP L.R. 8026-2 or that the party is appearing without counsel. (1) Deemed Appearance. Attorneys who authorize their names to appear on filed documents are deemed to have entered an appearance. This Court does not require attorneys to file a separate entry of appearance pleading. (2) Withdrawal. Attorneys who have appeared in this Court may not withdraw without leave of court. 12 (3) Appellee’s Failure to Comply. This Court may remove from a case, for purposes of service, any attorney or party who fails to timely file a Statement of Admission to Practice or Pro Se Status, without further notice. Appellees identified in a notice of appeal are not required to participate in the appeal. No notice of nonparticipation or motion to withdraw as a party is required. No default judgment will be entered against the nonparticipating appellees based on their failure to participate. If at least one, but fewer than all appellees, participates in the appeal, this Court will decide the appeal based on the participation of the appellees who participate. (4) Appellant’s Failure to Comply. An appellant’s failure to comply with this rule may result in dismissal of the appeal, without further notice. (b) Statement of Interested Parties. All parties, other than governmental units, must file a Statement of Interested Parties disclosing by name any interested party who is not listed in the notice of appeal. If there are none, a statement to that effect must be filed. (1) Interested Party. The term “interested party” includes all persons, associations, firms, partnerships, corporations, guarantors, insurers, affiliates, or other legal entities that are financially interested in the outcome of the appeal. (2) Artificial Entity. When an artificial entity is a party to an appeal, the party must identify any parent entity and any publicly held entity that owns 10% or more of its equity interests or state that there is no such entity. (3) Prior Attorneys. The party must include the names of attorneys who have previously appeared for that party in the case or proceeding below but who have not entered an appearance in this Court. (4) Obligation to Amend. A party who learns that an otherwise undisclosed party is an interested party must promptly file an amended Statement of Interested Parties. 13 (5) Disclosure of Interested Party. Disclosing an interested party in the Statement of Interested Parties does not automatically add that interested party as a party to the appeal. Rather, a party or interested party must file a motion to be added as a party to the appeal. (c) Statement Regarding Oral Argument. The Statement Regarding Oral Argument must indicate whether the party requests oral argument. A party may amend its Statement Regarding Oral Argument to request oral argument no later than the filing of its initial brief. A party may waive oral argument and request the appeal be heard on the briefs at any time. (d) Combined Statements Form. The Statement of Admission to Practice or Pro Se Status, Statement of Interested Parties, and Statement Regarding Oral Argument may be submitted using the Combined Statements Form.

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