2012 US Code
Title 11 - Bankruptcy
Appendix (rules 1001 - 9037)
FEDERAL RULES OF BANKRUPTCY PROCEDURE (rules 1001 - 9037)
Part VII - ADVERSARY PROCEEDINGS (rules 7001 - 7087)
Rule 7056 - Summary Judgment
Publication Title | United States Code, 2012 Edition, Title 11 - BANKRUPTCY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 11 - BANKRUPTCY TITLE 11 - APPENDIX FEDERAL RULES OF BANKRUPTCY PROCEDURE PART VII - ADVERSARY PROCEEDINGS Rule 7056 - Summary Judgment |
Contains | rule 7056 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
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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 AmendmentThe 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 TextThe Federal Rules of Civil Procedure, referred to in text, are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
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