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  • Rule 8016. Cross-Appeals | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    and the applicable standard of appellate review and C the statement of the case 4 Appellee s Reply Brief The appellee may file a brief in reply to the response in the cross appeal That brief must comply with Rule 8014 a 2 3 and 10 and must be limited to the issues presented by the cross appeal d Length 1 Page Limitation Unless it complies with paragraphs 2 and 3 the appellant s principal brief must not exceed 30 pages the appellee s principal and response brief 35 pages the appellant s response and reply brief 30 pages and the appellee s reply brief 15 pages 2 Type Volume Limitation A The appellant s principal brief or the appellant s response and reply brief is acceptable if i it contains no more than 14 000 words or ii it uses a monospaced face and contains no more than 1 300 lines of text B The appellee s principal and response brief is acceptable if i it contains no more than 16 500 words or ii it uses a monospaced face and contains no more than 1 500 lines of text C The appellee s reply brief is acceptable if it contains no more than half of the type volume specified in subparagraph A D Headings footnotes and quotations count toward the word and line limitations The corporate disclosure statement table of contents table of citations statement with respect to oral argument any addendum containing statutes rules or regulations and any certificates of counsel do not count toward the limitation 3 Certificate of Compliance A brief submitted either electronically or in paper form under paragraph 2 must comply with Rule 8015 a 7 C e Time to Serve and File a Brief Briefs must be served and filed as follows unless the district court or BAP by order in a particular case excuses the filing of briefs or specifies different time limits 1 the appellant s principal brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically 2 the appellee s principal and response brief within 30 days after the appellant s principal brief is served 3 the appellant s response and reply brief within 30 days after the appellee s principal and response brief is served and 4 the appellee s reply brief within 14 days after the appellant s response and reply brief is served but at least 7 days before scheduled argument unless the district court or BAP for good cause allows a later filing Added Apr 25 2014 eff Dec 1 2014 Prior Rule A prior Rule 8016 Apr 25 1983 eff Aug 1 1983 as amended Mar 30 1987 eff Aug 1 1987 Apr 30 1991 eff Aug 1 1991 related to duties of clerk of district court and bankruptcy appellate panel prior to revision of Part VIII Apr 25 2014 eff Dec 1 2014 Committee Notes on Rules 2014 This rule is derived from F

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8016 (2015-04-30)
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  • Rule 8017. Brief of an Amicus Curiae | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    is a corporation the brief must include a disclosure statement like that required of parties by Rule 8012 An amicus brief need not comply with Rule 8014 but must include the following 1 a table of contents with page references 2 a table of authorities cases alphabetically arranged statutes and other authorities with references to the pages of the brief where they are cited 3 a concise statement of the identity of the amicus curiae its interest in the case and the source of its authority to file 4 unless the amicus curiae is one listed in the first sentence of subdivision a a statement that indicates whether A a party s counsel authored the brief in whole or in part B a party or a party s counsel contributed money that was intended to fund preparing or submitting the brief and C a person other than the amicus curiae its members or its counsel contributed money that was intended to fund preparing or submitting the brief and if so identifies each such person 5 an argument which may be preceded by a summary and need not include a statement of the applicable standard of review and 6 a certificate of compliance if required by Rule 8015 a 7 C or 8015 b d Length Except by the district court s or BAP s permission an amicus brief must be no more than one half the maximum length authorized by these rules for a party s principal brief If the court grants a party permission to file a longer brief that extension does not affect the length of an amicus brief e Time for Filing An amicus curiae must file its brief accompanied by a motion for filing when necessary no later than 7 days after the principal brief of

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8017 (2015-04-30)
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  • Rule 8018. Serving and Filing Briefs; Appendices | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    appeal E the notice of appeal and F any relevant transcript or portion of it 2 Appellee The appellee may also serve and file with its brief an appendix that contains material required to be included by the appellant or relevant to the appeal or cross appeal but omitted by the appellant 3 Cross Appellee The appellant as cross appellee may also serve and file with its response an appendix that contains material relevant to matters raised initially by the principal brief in the cross appeal but omitted by the cross appellant c Format of the Appendix The appendix must begin with a table of contents identifying the page at which each part begins The relevant docket entries must follow the table of contents Other parts of the record must follow chronologically When pages from the transcript of proceedings are placed in the appendix the transcript page numbers must be shown in brackets immediately before the included pages Omissions in the text of documents or of the transcript must be indicated by asterisks Immaterial formal matters captions subscriptions acknowledgments and the like should be omitted d Exhibits Exhibits designated for inclusion in the appendix may be reproduced in a separate volume or volumes suitably indexed e Appeal on the Original Record Without an Appendix The district court or BAP may either by rule for all cases or classes of cases or by order in a particular case dispense with the appendix and permit an appeal to proceed on the original record with the submission of any relevant parts of the record that the district court or BAP orders the parties to file Added Apr 25 2014 eff Dec 1 2014 Prior Rule A prior Rule 8018 Apr 25 1983 eff Aug 1 1983 as amended Mar 30 1987 eff Aug 1 1987 Apr 27 1995 eff Dec 1 1995 related to rules by circuit councils and district courts and procedure when there is no controlling law prior to revision of Part VIII Apr 25 2014 eff Dec 1 2014 Committee Notes on Rules 2014 This rule is derived from former Rule 8009 and F R App P 30 and 31 Like former Rule 8009 it addresses the timing of serving and filing briefs and appendices as well as the content and format of appendices Rule 8011 governs the methods of filing and serving briefs and appendices The rule retains the bankruptcy practice of permitting the appellee to file its own appendix rather than requiring the appellant to include in its appendix matters designated by the appellee Rule 8016 governs the timing of serving and filing briefs when a cross appeal is taken This rule s provisions about appendices apply to all appeals including cross appeals Subdivision a retains former Rule 8009 s provision that allows the district court or BAP to dispense with briefing or to provide different time periods than this rule specifies It increases some of the time periods for filing briefs from the periods prescribed by the

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8018 (2015-04-30)
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  • Rule 8019. Oral Argument | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    of the hearing date d Order and Contents of Argument The appellant opens and concludes the argument Counsel must not read at length from briefs the record or authorities e Cross appeals and Separate Appeals If there is a cross appeal Rule 8016 b determines which party is the appellant and which is the appellee for the purposes of oral argument Unless the district court or BAP directs otherwise a cross appeal or separate appeal must be argued when the initial appeal is argued Separate parties should avoid duplicative argument f Nonappearance of a Party If the appellee fails to appear for argument the district court or BAP may hear the appellant s argument If the appellant fails to appear for argument the district court or BAP may hear the appellee s argument If neither party appears the case will be decided on the briefs unless the district court or BAP orders otherwise g Submission on Briefs The parties may agree to submit a case for decision on the briefs but the district court or BAP may direct that the case be argued h Use of Physical Exhibits at Argument Removal Counsel intending to use physical exhibits other than documents at the argument must arrange to place them in the courtroom on the day of the argument before the court convenes After the argument counsel must remove the exhibits from the courtroom unless the district court or BAP directs otherwise The clerk may destroy or dispose of the exhibits if counsel does not reclaim them within a reasonable time after the clerk gives notice to remove them Added Apr 25 2014 eff Dec 1 2014 Prior Rule A prior Rule 8019 Apr 25 1983 eff Aug 1 1983 as amended Mar 30 1987 eff Aug 1 1987 related to suspension

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8019 (2015-04-30)
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  • Rule 8020. Frivolous Appeal and Other Misconduct | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    PART VIII APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL Rule 8020 Frivolous Appeal and Other Misconduct a Frivolous Appeal damages and Costs If the district court or BAP determines that an appeal is frivolous it may after a separately filed motion or notice from the court and reasonable opportunity to respond award just damages and single or double costs to the appellee b Other Misconduct The district court or BAP may discipline or sanction an attorney or party appearing before it for other misconduct including failure to comply with any court order First however the court must afford the attorney or party reasonable notice an opportunity to show cause to the contrary and if requested a hearing Added Apr 25 2014 eff Dec 1 2014 Prior Rule A prior Rule 8020 Apr 11 1997 eff Dec 1 1997 related to damages and costs for frivolous appeal prior to revision of Part VIII Apr 25 2014 eff Dec 1 2014 Committee Notes on Rules 2014 This rule is derived from former Rule 8020 and F R App P 38 and 46 c Subdivision a permits an award of damages and costs to an appellee for a frivolous appeal Subdivision b

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8020 (2015-04-30)
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  • Rule 8021. Costs | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    the district court or BAP orders otherwise 1 if an appeal is dismissed costs are taxed against the appellant unless the parties agree otherwise 2 if a judgment order or decree is affirmed costs are taxed against the appellant 3 if a judgment order or decree is reversed costs are taxed against the appellee 4 if a judgment order or decree is affirmed or reversed in part modified or vacated costs are taxed only as the district court or BAP orders b Costs For and Against the United States Costs for or against the United States its agency or its officer may be assessed under subdivision a only if authorized by law c Costs on Appeal Taxable in the Bankruptcy Court The following costs on appeal are taxable in the bankruptcy court for the benefit of the party entitled to costs under this rule 1 the production of any required copies of a brief appendix exhibit or the record 2 the preparation and transmission of the record 3 the reporter s transcript if needed to determine the appeal 4 premiums paid for a supersedeas bond or other bonds to preserve rights pending appeal and 5 the fee for filing the notice of appeal d Bill of Costs Objections A party who wants costs taxed must within 14 days after entry of judgment on appeal file with the bankruptcy clerk with proof of service an itemized and verified bill of costs Objections must be filed within 14 days after service of the bill of costs unless the bankruptcy court extends the time Added Apr 25 2014 eff Dec 1 2014 Committee Notes on Rules 2014 This rule is derived from former Rule 8014 and F R App P 39 It retains the former rule s authorization for taxing appellate costs against

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8021 (2015-04-30)
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  • Rule 8022. Motion for Rehearing | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    by the District Court or BAP if Granted 1 Time Unless the time is shortened or extended by order or local rule any motion for rehearing by the district court or BAP must be filed within 14 days after entry of judgment on appeal 2 Contents The motion must state with particularity each point of law or fact that the movant believes the district court or BAP has overlooked or misapprehended and must argue in support of the motion Oral argument is not permitted 3 Response Unless the district court or BAP requests no response to a motion for rehearing is permitted But ordinarily rehearing will not be granted in the absence of such a request 4 Action by the District Court or BAP If a motion for rehearing is granted the district court or BAP may do any of the following A make a final disposition of the appeal without reargument B restore the case to the calendar for reargument or resubmission or C issue any other appropriate order b Form of the Motion Length The motion must comply in form with Rule 8013 f 1 and 2 Copies must be served and filed as provided by Rule 8011

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8022 (2015-04-30)
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  • Rule 8023. Voluntary Dismissal | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute
    Advertise Create Promote Join Lawyer Directory Federal Rules of Bankruptcy Procedure PART VIII APPEALS TO DISTRICT COURT OR BANKRUPTCY APPELLATE PANEL Rule 8023 Voluntary Dismissal a Judgment on Appeal The district or BAP clerk must prepare sign and enter the judgment after receiving the court s opinion or if there is no opinion as the court instructs Noting the judgment on the docket constitutes entry of judgment b Notice of a Judgment Immediately upon the entry of a judgment the district or BAP clerk must 1 transmit a notice of the entry to each party to the appeal to the United States trustee and to the bankruptcy clerk together with a copy of any opinion and 2 note the date of the transmission on the docket c Returning Physical Items If any physical items were transmitted as the record on appeal they must be returned to the bankruptcy clerk on disposition of the appeal Added Apr 25 2014 eff Dec 1 2014 Committee Notes on Rules 2014 This rule is derived from former Rule 8016 which was adapted from F R App P 36 and 45 c and d The rule is reworded to reflect that only items in the

    Original URL path: https://www.law.cornell.edu/rules/frbp/rule_8023 (2015-04-30)
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