Title and Applicability of Rules


1001-1. Scope of Rules; Short Title; Construction.

(a) Scope of Rules. The Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms promulgated under 28 U.S.C. § 2075, together with these Bankruptcy Local Rules govern practice and procedure in all bankruptcy cases and adversary proceedings in this District. These rules supersede all previous Bankruptcy Local Rules for the United States District Court for the Northern District of California.

(b) Relationship to District Court Rules. These Bankruptcy Local Rules are promulgated with other Local Rules of the District and should be cited as "B.L.R. _-_."

(c) Relationship to Federal Rules of Bankruptcy Procedure. These rules are divided into nine parts to be consistent in format with the Federal Rules of Bankruptcy Procedure. These rules supplement the Federal Rules of Bankruptcy Procedure and they shall be construed so as to be consistent with those rules and to promote the just, efficient and economical determination of every bankruptcy case and proceeding. Where there is a substantive relationship between a Bankruptcy Local Rule and a particular Federal Rule of Bankruptcy Procedure a corresponding rule number is utilized and a reference to the Federal Rule of Bankruptcy Procedure is included at the end of the Bankruptcy Local Rule.

(d) Relationship to Federal Rules of Civil Procedure. Whenever a Federal Rule of Civil Procedure is incorporated, it shall be incorporated as modified by the Federal Rules of Bankruptcy Procedure.

(e) Amendment. Civil Local Rules incorporated herein shall be the rules in effect on the effective date of these rules and as thereafter amended, unless otherwise provided by such amendment or by these rules or by such amendment.

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1001-2. Applicability of Rules.

(a) Incorporation of Rules from Other Chapters. Except as hereinafter set forth or otherwise ordered by the Court, the following Civil Local Rules shall apply in all bankruptcy cases and adversary proceedings:

(1) 1-3 Effective Date;

(2) 1-5(c) Day;

(3) 1-5(e) File;

(4) 1-5(f) FRCivP.;

(5) 1-5(j) General Orders;

(6) 1-5(k) General Duty Judge;

(7) 1-5(l) Judge;

(8) 1-5(m) Lodge;

(9) 1-5(n)Meet and Confer;

(10) 1-5(o) Standing Orders of Individual Judges;

(11) 1-5(p) Unavailability;

(12) 3-1 Regular Session (with the addition of the Santa Rosa Division);

(13) 3-4 Papers Presented For Filing, (except for the second sentence of subparagraph (c)(3));

(14) 3-5(a) Jurisdictional Statement;

(15) 3-6 Jury Demand;

(16) 3-8 Claim of Unconstitutionality;

(17) 3-9(a) Natural Persons Appearing Pro Se; (c) Government and Governmental Agency;

(18) 3-11 Failure to Notify of Address Changes;

(19) 3-16 Disclosure of Non-party Interested Entities or Persons;

(20) 5-2 Facsimile Filings (except for the references to Civil L.R.'s 3-3(a) and 5-1(a));

(21) 5-6 Certificate of Service;

(22) 7-6 Oral Testimony Concerning Motion;

(23) 7-11 Stipulations;

(24) 7-12 Notice Regarding Submitted Matters;

(25) 7-13 Designation Not for Citation;

(26) 10-1 Amended Pleadings;

(27) 11-1 The Bar of this Court;

(28) 11-2 Attorneys for the United States;

(29) 11-3 Pro Hac Vice;

(30) 11-4(a)&(b) Standards of Professional Conduct.

(31) 11-5 Withdrawal from Case;

(32) 11-6 Discipline;

(33) 11-7 Reciprocal Discipline and Discipline Following Felony Conviction;

(34) 11-8 Sanctions for Unauthorized Practice;

(35) 11-9 Student Practice;

(36) 26-1 Custodian of Discovery Documents;

(37) 26-2 Discovery Cut-Off; Deadline to File Motions to Compel;

(38) 30-1 RequiredConsultation Regarding Scheduling;

(39) 30-2 Numbering of Deposition Pages and Exhibits;

(40) 33-1 Form of Answers and Objections;

(41) 33-2 Demands that a Party Set Forth the Basis for a Demand of a Requested Admission;

(42) 33-3 Motions for Leave to Propound More Interrogatories Than Permitted by FRCivP 33;

(43) 34-1 Form of Responses to Requests for Production;

(44) 36-1 Form of Responses to Requests for Admission;

(45) 36-2 Demands that a Party Set Forth the Basis for a Denial of a Requested Admission;

(46) 37-1 Procedures for Resolving Disputes;

(47) 37-2 Form of Motions to Compel (except for references to Civil L.R. 7-2);

(48) 37-3 Motions for Sanctions under FRCivP 37 (except for references to Civil L.R. 7-2 and Civil L.R. 7-8);

(49) 40-1 Continuance of Trial Date; Sanctions for Failure to Proceed (except for the reference to Civil L.R. 7-2);

(50) 54-1 through 54-4 Matters Regarding Costs (except for the last sentence of 54-4);

(51) 54-5 Motion for Attorney's Fees (except for references to Civil L.R.'s 1-4 and 7-9);

(52) 56-2 Joint Statement of Undisputed Facts;

(53) 56-3 Issues Deemed Established;

(54) 65-1 Temporary Restraining Orders (except for the reference to Civil L.R. 7-10 in (a));

(55) 65.1-1 Security;

(56) 77-3 Photography and Public Broadcasting (except for the second sentence);

(57) 77-4 Official Notices (except in subparagraph (b), the bankruptcy court's website is located at http://www.canb.uscourts.gov);

(58) 77-5 Security of the Court;

(59) 77-6 Weapons in the Courthouse and Courtroom;

(60) 77-8 Complaints Against Judges;

(61) 79-3 Files; Custody and Withdrawal;

(62) 79-4 Custody and Disposition of Exhibits and Transcripts;

(63) 79-5 Sealed or Confidential Documents;

(64) 83-1 Method of Amendment. Civil L.R. 83-1 shall apply such that amendments for form, style, grammar, consistency or other nonsubstantive modifications may be made to the Bankruptcy Local Rules by a majority vote of the active Bankruptcy Judges of the Court;

(b) Modification. Any Judge may, in any case or adversary proceeding, direct that additional Local Rules from other Chapters apply.

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CANB DocumentsNorthern District of California