Delaware District Court’s Amended Local Rules Become Effective August 1, 2016

On August 1, 2016, the newly amended Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware will go into effect.  Of particular importance to bankruptcy practitioners, the Delaware District Court has made it clear through the local rule amendments that bankruptcy appeals are not subject to Local Rules 7.1.2 (setting forth, among other things, the timetable for motion practice), 7.1.3 (prescribing the form and contents of briefing and appendices filed with the Delaware District Court), 7.1.4 (governing oral argument), and 7.1.5 (governing reargument requests).  Rather those subject areas are governed by and must conform, in most instances, to the requirements of the Federal Rules of Bankruptcy Procedure and Part VIII of the Local Rules of Bankruptcy Practice and Procedure of the United States Bankruptcy Court for the District of Delaware.  Additionally, the Delaware District Court refined Rule 7.1.1, which requires an averment to be filed with nondispositive motions that counsel for the moving party made a reasonable effort to reach an agreement with the opposing party on the matters set forth in the motion.  More specifically, to satisfy the Rule’s “reasonable effort” requirement, Delaware counsel for a moving party must now orally communicate to Delaware counsel for the opposing party.  The amended Local Rules may be found here.