DUTIES OF THE CLERK OF THE BANKRUPTCY APPELLATE

Eighth Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8024A

Jurisdiction: US

Bluebook Citation: 8th Cir. BAP R. 8024A

PANEL (a) Clerk of the Bankruptcy Appellate Panel. (1) Designation of Clerk. The Clerk of the United States Court of Appeals for the Eighth Circuit shall serve as the Clerk of the United States Bankruptcy Appellate Panel for the Eighth Circuit. Unless it is inconsistent with the context, the word clerk in these Rules means the Clerk of the United States Bankruptcy Appellate Panel for the Eighth Circuit. (2) Communications to the Bankruptcy Appellate Panel. All communications to the bankruptcy appellate panel shall be addressed to: Clerk of the Court United States Bankruptcy Appellate Panel for the Eighth Circuit Thomas F. Eagleton Courthouse 111 S. Tenth Street, 24th Floor St. Louis, MO 63102 (b) Issuance of Mandate. The clerk shall issue the mandate of the court seven days after the expiration of the time for filing a motion for rehearing. The mandate is effective when issued. (c) Stay of Mandate. The court's mandate may be stayed on the following conditions: (1) On Motion for Rehearing. The timely filing of a motion for rehearing will stay the mandate until disposition of the motion unless otherwise ordered by the court. If the motion is denied, the mandate shall issue seven days after entry of the order denying the motion. (2) Pending Appeal. A party who files a motion requesting a stay of mandate pending appeal to the United States Court of Appeals for the Eighth Circuit must show that the appeal presents a substantial question and that there is good cause for a stay. The stay cannot exceed thirty days unless the period is extended for cause shown or unless a notice of appeal is filed during the period of the stay, in which case the stay will continue until final disposition by the Court of Appeals. The clerk shall issue the mandate immediately when a copy of an order of the Court of 12 Appeals is entered disposing of the appeal. The court may require a bond or other security as a condition to the grant or continuance of a stay of the mandate. 13

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