Rule 8028. Suspension of Rules in Part VIII

By November 11, 2017FRBP

In the interest of expediting decision or for other cause in a particular case, the district court or BAP, or where appropriate the court of appeals, may suspend the requirements or provisions of the rules in Part VIII, except Rules 8001, 8002, 8003, 8004, 8005, 8006, 8007, 8012, 8020, 8024, 8025, 8026, and 8028.

(Added Apr. 25, 2014, eff. Dec. 1, 2014.)

Committee Notes on Rules—2014

This rule is derived from former Rule 8019 and F.R.App.P. 2. To promote uniformity of practice and compliance with statutory authority, the rule includes a more extensive list of requirements that may not be suspended than either the former rule or the Federal Rules of Appellate Procedure provide. Rules governing the following matters may not be suspended:

• scope of the rules; definition of “BAP”; method of transmission;

• time for filing a notice of appeal;

• taking an appeal as of right;

• taking an appeal by leave;

• election to have an appeal heard by a district court instead of a BAP;

• certification of direct appeal to a court of appeals;

• stay pending appeal;

• corporate disclosure statement;

• sanctions for frivolous appeals and other misconduct;

• clerk’s duties on disposition of an appeal;

• stay of a district court’s or BAP’s judgment;

• local rules; and

• suspension of the Part VIII rules.

Changes Made After Publication and Comment. No changes were made after publication and comment.

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