NOTICE

Highlights of Changes to the 10th Circuit BAP Local Rules


View the BAP Rules

Initial Documents

All BAP Forms have been eliminated. Sample documents to provide reference are available from the BAP website.

Transcripts may be ordered using your local bankruptcy court’s form; the BAP no longer requires any copies of the transcript order form.

A written entry of appearance is required only when an attorney is not listed on the notice of appeal.

All non-governmental parties must file a Statement of Interested Parties with the BAP within ten days of the notice that the case has been docketed with the BAP.

Filing and Service of Papers

Papers filed with the BAP must include a fax number, if available.

All papers other than a brief or appendix to a brief may be filed by fax, and the fax is considered the original.

No more copies - only the original of any paper other than a brief or appendix to a brief is required (a party must still file the original and three copies of a brief or appendix to a brief).

Parties may consent to receive electronic service.

Briefs

The requirement that the cover be a particular color has been eliminated.

The minimum font size has been changed from 11-point to 12-point.

The requirement that all parties file a statement of related cases has been changed so that only those parties who know of a related case need file a statement listing the case(s).

The front cover of the brief must contain a statement of whether oral argument is requested. If a party requests oral argument, the party must include a statement of reasons for oral argument after the conclusion of the brief.

Citation of Unpublished Decisions

Parties may refer to an unpublished BAP decision if it would assist the Court on a material issue and the issue has not been addressed in a published opinion.

Motion Practice

Movants may file a reply to a response within 5 calendar days after service of the response.

Mandate

The time period between issuing a decision and issuing the mandate has been shortened to 10 days, resulting in jurisdiction being returned to the bankruptcy court more quickly.

The procedure for obtaining a stay of the mandate is now consistent with Fed. R. Bankr. P. 8017(b).

New Sections

Student Practice: When certain conditions are satisfied, law students may appear before this court under the supervision of an attorney.

Cases Involving Constitutional Question: When a party challenges a provision of the United States Constitution or a state constitution, the party must give the BAP notice, and the BAP will notify the appropriate attorney general.

Supplemental Authority: When a party learns of additional authority after its brief has been filed, the party may file a letter stating the additional authority.

View the BAP Rules