Fed. R. Bankr. P. 8013

(a) CONTENT OF A MOTION; RESPONSE; REPLY.

(1) Request for Relief. A request for an order or other relief is

made by filing a motion with the district or BAP clerk.

(2) Content of a Motion.

(A) Grounds, Relief Sought, and Supporting Argument. A

motion must state with particularity the grounds for the

motion, the relief sought, and the legal argument supporting it.

(B) Motion to Expedite an Appeal. A motion to expedite an

appeal must explain what justifies considering the appeal

ahead of other matters. The motion may be filed as an

emergency motion under (d). If it is granted, the district

court or BAP may accelerate the time to:

(i) send the record;

(ii) file briefs and other documents;

(iii) conduct oral argument; and

(iv) resolve the appeal.

(C) Accompanying Documents.

(i) Supporting Document. Any affidavit or other document necessary to support a motion must be served

and filed with the motion.

(ii) Content of Affidavit. An affidavit must contain

only factual information, not legal argument.

(iii) Motion Seeking Substantive Relief. A motion

seeking substantive relief must include a copy of the

bankruptcy court’s judgment, order, or decree, and any

accompanying opinion as a separate exhibit.

(D) Documents Barred or Not Required.

(i) No Separate Brief. A separate brief supporting or

responding to a motion must not be filed.

(ii) Notice and Proposed Order Not Required. Unless

the court orders otherwise, a notice of motion or a proposed order is not required.

(3) Response and Reply; Time to File. Unless the district court

or BAP orders otherwise:

(A) any party to the appeal may—within 7 days after the

motion is served—file a response to the motion; and

(B) the movant may—within 7 days after the response is

served—file a reply that addresses only matters raised in

the response.

(b) DISPOSITION OF A MOTION FOR A PROCEDURAL ORDER. The district court or BAP may rule on a motion for a procedural order—

including a motion under Rule 9006(b) or (c)—at any time, without

awaiting a response. A party adversely affected by the ruling may

move to reconsider, vacate, or modify it within 7 days after the

order is served.

(c) ORAL ARGUMENT. A motion will be decided without oral argument unless the district court or BAP orders otherwise.

(d) EMERGENCY MOTION.

(1) Noting the Emergency. A movant who requests expedited

action—because irreparable harm would occur during the time

needed to consider a response—must insert ‘‘Emergency’’ before the motion’s title.

112 Rule 8013 FEDERAL RULES OF BANKRUPTCY PROCEDURE

(2) Content. An emergency motion must:

(A) be accompanied by an affidavit setting forth the nature of the emergency;

(B) state whether all grounds for it were previously submitted to the bankruptcy court and, if not, why the motion should not be remanded;

(C) include:

(i) the email address, office address, and telephone

number of the moving counsel; and

(ii) when known, the same information as in (i) for

opposing counsel and any unrepresented party to the

appeal; and

(D) be served as Rule 8011 prescribes.

(3) Notifying Opposing Parties. Before filing an emergency motion, the movant must make every practicable effort to notify

opposing counsel and any unrepresented party in time for

them to respond. The affidavit accompanying the motion must

state:

(A) when and how notice was given; or

(B) why giving it was impracticable.

(e) MOTION CONSIDERED BY A SINGLE BAP JUDGE.

(1) Judge’s Authority. A BAP judge may act alone on any motion but may not:

(A) dismiss or otherwise determine an appeal;

(B) deny a motion for leave to appeal; or

(C) deny a motion for a stay pending appeal if denial

would make the appeal moot.

(2) Reviewing a Single Judge’s Action. The BAP, on its own or

on a party’s motion, may review a single judge’s action.

(f) FORM OF DOCUMENTS; LENGTH LIMITS; NUMBER OF COPIES.

(1) Document Filed in Paper Form. Fed. R. App. P. 27(d)(1) applies to a motion, response, or reply filed in paper form in the

district court or BAP.

(2) Document Filed Electronically. A motion, response, or reply

filed electronically must comply with the requirements in (1)

for covers, line spacing, margins, typeface, and type style. It

must also comply with the length limits in (3).

(3) Length Limits. Except by the district court’s or BAP’s permission, and excluding the accompanying documents authorized by (a)(2)(C):

(A) a motion or a response to a motion produced using

a computer must include a certificate under Rule 8015(h)

and not exceed 5,200 words;

(B) a handwritten or typewritten motion or a response to

a motion must not exceed 20 pages;

(C) a reply produced using a computer must include a

certificate under Rule 8015(h) and not exceed 2,600 words;

and

(D) a handwritten or typewritten reply must not exceed

10 pages.

(4) Providing Paper Copies. Paper copies must be provided

only if required by a local rule or by an order in a particular

case.

(g) MOTION FOR LEAVE TO INTERVENE.

(1) Time to File. Unless a statute provides otherwise, an entity seeking to intervene in an appeal in the district court or

113 Rule 8014 FEDERAL RULES OF BANKRUPTCY PROCEDURE

BAP must move for leave to intervene and serve a copy of the

motion on all parties to the appeal. The motion—or other notice of intervention authorized by statute—must be filed within 30 days after the appeal is docketed.

(2) Content. The motion must concisely state:

(A) the movant’s interest;

(B) the grounds for intervention;

(C) whether intervention was sought in the bankruptcy

court;

(D) why intervention is being sought at this stage of the

proceedings; and

(E) why participating as an amicus curiae—rather than

intervening—would not be adequate.

(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.

Dec. 1, 2018; Apr. 27, 2020, eff. Dec. 1, 2020; Apr. 2, 2024, eff. Dec. 1,

2024.)