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11 USC App, FEDERAL RULES OF BANKRUPTCY PROCEDURE, BANKRUPTCY RULES, PART VII: ADVERSARY PROCEEDINGS

From Title 11—Appendix FEDERAL RULES OF BANKRUPTCY PROCEDUREBANKRUPTCY RULES

PART VII—ADVERSARY PROCEEDINGS

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Rule 7056. Summary Judgment

Rule 56 F.R.Civ.P. applies in adversary proceedings, except that any motion for summary judgment must be made at least 30 days before the initial date set for an evidentiary hearing on any issue for which summary judgment is sought, unless a different time is set by local rule or the court orders otherwise.

(As amended Apr. 23, 2012, eff. Dec. 1 2012.)

Committee Notes on Rules—2012 Amendment

The only exception to complete adoption of Rule 56 F.R.Civ.P. involves the default deadline for filing a summary judgment motion. Rule 56(c)(1)(A) makes the default deadline 30 days after the close of all discovery. Because in bankruptcy cases hearings can occur shortly after the close of discovery, a default deadline based on the scheduled hearing date, rather than the close of discovery, is adopted. As with Rule 56(c)(1), the deadline can be altered either by local rule or court order.

Changes Made After Publication. No changes were made after publication.

References in Text

The Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.