27.10.2013 Views

JAN j 6 2010 - United States District Court

JAN j 6 2010 - United States District Court

JAN j 6 2010 - United States District Court

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

for example, the disposition of a motion for stay pending appeal will<br />

usually require the <strong>District</strong> Judge to become familiar with the issues on<br />

appeal.<br />

D. Adds reference to the local bankruptcy rule for filing motions for<br />

leave to appeal, provides for assignment in the <strong>District</strong> <strong>Court</strong> and<br />

clarifies that a new case number will be assigned for the appeal.<br />

This rule further provides for the subsequent assignment of the appeal to<br />

the same <strong>District</strong> Judge. This should conserve judicial resources since<br />

the disposition of a motion for leave to appeal will usually require the<br />

<strong>District</strong> Judge to become familiar with the issues on appeal.<br />

E. Replaces old Local Rule 87.2.C. Federal Rule of Bankruptcy Procedure<br />

8010(c) provides authority to the <strong>District</strong> <strong>Court</strong> to specify different<br />

page limits for briefs. This rule supersedes the page limit specified in<br />

Federal Rule of Bankruptcy Procedure 8010. This Local Rule also<br />

distinguishes the page limitations for bankruptcy appellate briefs from<br />

memoranda of law as provided in Local Rule 7.1.C.2.<br />

Also, minor stylistic revisions to entire Local Rule.<br />

(1999) Amended to reflect renumbered Local Bankruptcy Rules effective<br />

December 1, 1998.<br />

(2009) Amended to make 87.4.H consistent with Local Rule 7.I.B.3.<br />

(<strong>2010</strong>) Amended to conform tabulation to the style used in the federal<br />

rules of procedure and change the calculation of time periods to<br />

correspond to the amendments to the various federal rules.<br />

Rule 87.5 Designation of Bankruptcy Judges to Conduct Jury Trials<br />

The Bankruptcy Judges of this <strong>District</strong> are specially designated to<br />

conduct jury trials, with the express consent of all parties, in all<br />

proceedings under 28 U.S.C. § 157 in which the right to a jury trial<br />

applies. Pleading and responding to a jury trial demand in bankruptcy<br />

cases is governed by Local Bankruptcy Rule 9015-1. Local Rule 47.1 shall<br />

apply to jury trials conducted by Bankruptcy Judges under this rule.<br />

Effective April 15, 1999. Amended effective April 15, 2007.<br />

Comment<br />

(1999) Incorporates the provisions of Administrative Order 96-03 "In re:<br />

Designation of Bankruptcy Judges to Conduct Jury Trials."<br />

Rule 88.1 Appointment of Counsel for Indigent Defendants in Criminal<br />

Proceedings<br />

The appointment of counsel and counsel's obligations in the<br />

representation of indigent defendants in criminal proceedings pursuant to<br />

Federal Rule of Criminal Procedure 44, shall be in accordance with the<br />

71

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!