MOTIONS

(a) Orders the Clerk May Grant. The clerk has discretion to enter orders on behalf of the court in procedural matters, including, but not limited to: (1) applications for leave to file over-length briefs; (2) extensions of time to file briefs, transcripts, and appendices; (3) corrections to briefs, pleadings, or the record; (4) supplementation of the record on appeal; (5) incorporation of the record from prior appeals; (6) consolidation of appeals; (7) substitution of parties; (8) motions to appear as amicus curiae; (9) requests by amicus curiae counsel to participate in oral argument by sharing time with other counsel; (10) advancement or continuance of cases; (11) withdrawal of counsel; and (12) extensions of time to file motions for rehearing and motions for attorneys' fees. If any party seeks reconsideration of an order entered under this section, the clerk shall submit the matter for ruling by a panel. (b) Motion to Dismiss. A party may move to dismiss an appeal for failure to comply with the Federal Rules of Bankruptcy Procedure, these Rules, or any other rule made applicable to the appeal. 6 (c) Motion for Extension of Time for Filing Brief. A motion for extension of time for filing a brief shall: (1) be made within the time limit established by the court's briefing schedule for the filing of such brief and shall be accompanied by proof of service on any party not a CM/ECF participant; (2) be supported by a declaration stating the time when the brief is due; how many extensions of time, if any, have been granted and when the brief was first due; and whether any previous requests for extensions of time have been denied or denied in part; and (3) briefly recite the reasons why such an extension is necessary and the amount of time requested. Any motion for an extension of time to file a brief on the ground that the transcript is unavailable must affirmatively show that the transcript was timely ordered and paid for or must state why the transcript was not so ordered. Pursuant to L.R. BAP 8th Cir. 8013A(a)(2), the clerk is authorized to rule on all motions for extension of time to file a brief. Motions for extension of time will be processed promptly and without awaiting responses from opposing counsel. Any objection received after an order has been entered on the motion may be treated as a request for reconsideration. (d) Emergency Motion. If a movant certifies that to avoid immediate irreparable harm, relief is needed on an expedited basis, the motion shall be governed by Fed.R.Bankr.P. 8013(d) and the following requirements: (1) Any motion under this Rule shall have a cover page bearing the legend "Emergency Motion" and the caption of the case. (2) A certificate of counsel for the movant shall follow the cover page and shall contain: (A) Facts showing the existence and nature of the claimed emergency; 7 (B) (C) (D) The telephone numbers and office addresses of moving and opposing counsel and parties who are not represented by counsel; When and how the other parties were notified and whether they have been served; or if not notified and served, why that was not done; and If the relief sought in the motion was available in the bankruptcy court, a statement as to whether all grounds advanced in support of the motion brought before the bankruptcy appellate panel were submitted to the bankruptcy court, and, if not, the reasons why. (3) An appendix to the Emergency Motion shall be served and filed with the motion and shall include the following: (A) A copy of the notice of appeal (if applicable); (B) (C) A copy of the judgment, order, or decree from which the appeal is taken; and A copy of the bankruptcy court's order denying the movant emergency relief. (4) Emergency motions and responses shall be filed with the clerk. The movant must use every practicable effort to notify and serve opposing counsel, using the quickest method available. The burden is on the movant to provide to the clerk and to opposing counsel copies of all documents relevant to the motion. (e) Reconsideration of Order. Any party adversely affected by an order entered under the provisions of this Rule may file a motion to reconsider, vacate, or modify the order within fourteen days after its entry. The motion shall be referred to a panel. 8