First Circuit Bankruptcy Appellate Panel Local Rules
Rule: 8013-1
Jurisdiction: US
Bluebook Citation: 1st Cir. BAP L.R. 8013-1
(a) Procedural Motions. (1) Clerk Authorized. The BAP clerk may act on the following motions without submission to a single judge or a panel of judges: (A) Motions relating to the production or filing of the record, transcripts, appendices, or briefs on appeal, including motions to seal; (B) Motions for voluntary dismissal of appeals; (C) Motions to dismiss for want of prosecution; (D) Motions for extension of time; (E) Motions seeking a determination of the validity of an election; (F) Motions for reconsideration under 1st Cir. BAP L.R. 8013(a)(2); (G) Motions for leave to consolidate appeals; and (H) Such other motions as the BAP may designate and that are subject to disposition by a single judge under Fed. R. Bankr. P. 8013(e). (2) Reconsideration. Unless the BAP clerk grants reconsideration, a motion for reconsideration of orders disposing of any motions listed in 1st Cir. BAP L.R. 8013-1(a)(1) will be submitted to a single judge or panel of judges. Such a motion must be filed within 14 days of service of notice of the entry of the order. (b) Substantive Motions. The BAP clerk shall forward substantive motions (e.g., motions for leave to appeal, to dismiss an appeal, or to reduce bond) to an appropriate judge(s) for determination. (c) Summary Disposition. At any time, on motion of any appellant, any appellee, or sua sponte, the BAP may: (1) dismiss the appeal if the BAP lacks jurisdiction; (2) dismiss the appeal, grant any other request for relief, or affirm and enforce the judgment, order, or decree below if it appears that no substantial question is presented; or 10 (3) reverse in the case of obvious error. (d) Emergency Motions. (1) Notice. Before filing an emergency motion, the movant shall telephone the BAP clerk to provide advance notice of the filing. Emergency motions and responses shall be filed and served by the quickest method available. Although documents may be filed any time through CM/ECF, the filer should not expect that the filing will be addressed outside regular business hours. (2) Form and Content. A party requesting emergency determination shall plainly title its motion as one for emergency relief. The motion shall set forth a date or period within which it seeks such determination and request that the period for response be reduced to a specified date or period.
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