Motions

Tenth Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8013-1

Jurisdiction: US

Bluebook Citation: 10th Cir. BAP L.R. 8013-1

(a) Filings Considered. This Court will not consider filings other than the motion, response, or reply, without leave of court. (b) Emergency Motions. An emergency motion is properly presented to this Court only when the movant has shown that: (1) it will be irreparably prejudiced if the Court resolves the motion pursuant to the normal motions’ briefing schedule set forth in Fed. R. Bank. P. 8013, and (2) the movant is without fault in creating the crisis that requires emergency relief or can show excusable neglect. Any motion requesting a ruling earlier than the time set forth for motions briefing under Fed. R. Bank. P. 8013 must be plainly marked “Emergency” and include: (1) the reason the motion was not filed earlier and (2) the date the order appealed was entered. Before filing an emergency motion, the movant must call the BAP clerk’s office to give as much advance notice as possible so arrangements can be made for timely submission to the Court. Emergency motions and related documents must be filed and served by the quickest method practicable. Failure to comply with this Rule and Fed. R. Bank. P. 8013(d) may result in the setting of a motion’s briefing schedule under Fed. R. Bank. P. 8013. (c) Form of Documents. Notwithstanding Fed. R. App. P. 32(a)(5) and 10th Cir. BAP L.R. 8015-1(b), paper and electronically filed documents comply with Fed. R. Bankr. P. 8013(f) if a typeface no smaller than 12-point font is used. Footnote font size should be the same as that used in the body of the motion. (d) Sealed Documents. Motions containing sealed information or documents, or information or documents that a party seeks to seal, must comply with 10th Cir. BAP L.R. 8018-1(i). 49 (e) Requirement to Confer. Motions must contain a statement of the opposing party’s position on the relief requested or why the moving party was unable to learn the opposing party’s position except for motions filed under Fed. R. Bankr. P. 9006(b) or (c). Parties should make reasonable efforts to contact opposing parties well in advance of filing a motion.

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