LOCAL RULES (7041, 7090, and 9001) - Return to Index


RULE 7041: DISMISSAL OF RELATED TITLE 11 PROCEEDINGS AND/OR CONTESTED MATTER

(a) Whenever a case under the Bankruptcy Code is dismissed by order of the Court, any related adversary proceeding and/or contested matter then pending in which final judgment has not been entered shall be dismissed without prejudice and without further order of the Court.

(b) The Clerk shall notify the district court of any such dismissal whenever appropriate.


RULE 7090 CONDUCT OF TRIALS

In deference to the dignity of the Court and to avoid unnecessary delay and, further, to insure fairness in the administration of the proceedings, the following rules shall be observed:

  1. Attorneys shall stand at a respectful distance from the bench at all times.
  2. In their opening statements, counsel shall not argue the case and shall not discuss the law. The statement shall be a concise summary of the important facts and/or the witnesses through which counsel intends to present these facts. Unless the case is unusually complex, each party shall be limited to ten (10) minutes for opening statements.
  3. Attorneys shall stand and face the Court when addressing the Court and upon making objections and questioning witnesses. (Counsel with physical disabilities may, of course, be excused from this requirement.)
  4. Witnesses shall be examined from the podium, if one is provided for this purpose. A witness shall not be approached for any reason without leave of Court. When examining a witness about a group of documents, delay is to be avoided by having all documents at hand.
  5. When counsel wishes the Court to examine any exhibit, it shall be handed over to the deputy clerk for transmission to the Court.
  6. Objections shall be short, to the point, and shall not include argument. (e.g.: "Objection, hearsay", proper.) If the Court deems it advisable to hear argument, it will call counsel to side bar, and ask for further elaboration.

RULE 9001 GENERAL DEFINITIONS

In addition to the words and phrases defined in Bankruptcy Rule 9001, the following words and phrases used in these rules have the meanings indicated:

(a) Local Rules of the United States District Court shall mean the Local Rules of the United States District Court for the District of Puerto Rico effective November 1, 1984, as amended.

(b) Bankruptcy Rules shall mean the Bankruptcy Rules effective August 1, 1983 as amended.

(c) Local Bankruptcy Rules shall mean these Rules as enacted by the United States District Court for the District of Puerto Rico, and as amended.

(d) Clerk shall mean the Clerk of the Bankruptcy Court.


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