Motions; Interventions

(a) CONTENT OF A MOTION; RESPONSE; REPLY. (1) Request for Relief. A request for an order or other relief is made by filing a motion with the district or BAP clerk. (2) Content of a Motion. (A) Grounds, Relief Sought, and Supporting Argument. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument support- ing it. (B) Motion to Expedite an Appeal. A motion to expedite an appeal must explain what justifies considering the appeal ahead of other matters. The motion may be filed as an emergency motion under (d). If it is granted, the district court or BAP may accelerate the time to: (i) send the record; (ii) file briefs and other documents; (iii) conduct oral argument; and (iv) resolve the appeal. (C) Accompanying Documents. (i) Supporting Document. Any affidavit or other doc- ument necessary to support a motion must be served and filed with the motion. (ii) Content of Affidavit. An affidavit must contain only factual information, not legal argument. (iii) Motion Seeking Substantive Relief. A motion seeking substantive relief must include a copy of the bankruptcy court’s judgment, order, or decree, and any accompanying opinion as a separate exhibit. (D) Documents Barred or Not Required. (i) No Separate Brief. A separate brief supporting or responding to a motion must not be filed. (ii) Notice and Proposed Order Not Required. Unless the court orders otherwise, a notice of motion or a pro- posed order is not required. (3) Response and Reply; Time to File. Unless the district court or BAP orders otherwise: (A) any party to the appeal may—within 7 days after the motion is served—file a response to the motion; and (B) the movant may—within 7 days after the response is served—file a reply that addresses only matters raised in the response. (b) DISPOSITION OF A MOTION FOR A PROCEDURAL ORDER. The dis- trict court or BAP may rule on a motion for a procedural order— including a motion under Rule 9006(b) or (c)—at any time, without awaiting a response. A party adversely affected by the ruling may move to reconsider, vacate, or modify it within 7 days after the order is served. (c) ORAL ARGUMENT. A motion will be decided without oral argu- ment unless the district court or BAP orders otherwise. (d) EMERGENCY MOTION. (1) Noting the Emergency. A movant who requests expedited action—because irreparable harm would occur during the time needed to consider a response—must insert ‘‘Emergency’’ be- fore the motion’s title. Rule 8013 FEDERAL RULES OF BANKRUPTCY PROCEDURE 112 (2) Content. An emergency motion must: (A) be accompanied by an affidavit setting forth the na- ture of the emergency; (B) state whether all grounds for it were previously sub- mitted to the bankruptcy court and, if not, why the mo- tion should not be remanded; (C) include: (i) the email address, office address, and telephone number of the moving counsel; and (ii) when known, the same information as in (i) for opposing counsel and any unrepresented party to the appeal; and (D) be served as Rule 8011 prescribes. (3) Notifying Opposing Parties. Before filing an emergency mo- tion, the movant must make every practicable effort to notify opposing counsel and any unrepresented party in time for them to respond. The affidavit accompanying the motion must state: (A) when and how notice was given; or (B) why giving it was impracticable. (e) MOTION CONSIDERED BY A SINGLE BAP JUDGE. (1) Judge’s Authority. A BAP judge may act alone on any mo- tion but may not: (A) dismiss or otherwise determine an appeal; (B) deny a motion for leave to appeal; or (C) deny a motion for a stay pending appeal if denial would make the appeal moot. (2) Reviewing a Single Judge’s Action. The BAP, on its own or on a party’s motion, may review a single judge’s action. (f) FORM OF DOCUMENTS; LENGTH LIMITS; NUMBER OF COPIES. (1) Document Filed in Paper Form. Fed. R. App. P. 27(d)(1) ap- plies to a motion, response, or reply filed in paper form in the district court or BAP. (2) Document Filed Electronically. A motion, response, or reply filed electronically must comply with the requirements in (1) for covers, line spacing, margins, typeface, and type style. It must also comply with the length limits in (3). (3) Length Limits. Except by the district court’s or BAP’s per- mission, and excluding the accompanying documents author- ized by (a)(2)(C): (A) a motion or a response to a motion produced using a computer must include a certificate under Rule 8015(h) and not exceed 5,200 words; (B) a handwritten or typewritten motion or a response to a motion must not exceed 20 pages; (C) a reply produced using a computer must include a certificate under Rule 8015(h) and not exceed 2,600 words; and (D) a handwritten or typewritten reply must not exceed 10 pages. (4) Providing Paper Copies. Paper copies must be provided only if required by a local rule or by an order in a particular case. (g) MOTION FOR LEAVE TO INTERVENE. (1) Time to File. Unless a statute provides otherwise, an en- tity seeking to intervene in an appeal in the district court or 113 FEDERAL RULES OF BANKRUPTCY PROCEDURE Rule 8014 BAP must move for leave to intervene and serve a copy of the motion on all parties to the appeal. The motion—or other no- tice of intervention authorized by statute—must be filed with- in 30 days after the appeal is docketed. (2) Content. The motion must concisely state: (A) the movant’s interest; (B) the grounds for intervention; (C) whether intervention was sought in the bankruptcy court; (D) why intervention is being sought at this stage of the proceedings; and (E) why participating as an amicus curiae—rather than intervening—would not be adequate. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1, 2024.)