Official Procedure Last Change February 18, 2020
Motion for Leave to Appeal
How to file:
Location of event: Bankruptcy > Appeals & Withdrawals of Reference > Leave to Appeal, Motion for
Things to be aware of when filing: A Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.
- An Appeal by Leave is initiated by the filing of a Motion for Leave to Appeal along with a Notice of Appeal. These documents must be filed within 14 days of the entry of the order being appealed. If more time is needed to file these documents, a Motion to Extend Time to Appeal Under Rule 8002(c) should be filed.
- The appellee has 14 days from the filing of the Motion for Leave to Appeal to file an Answer in Opposition to Motion for Leave to Appeal. The answer must be filed in District Court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court. The deadline is calculated from the date the Motion was served on parties, not the date it was filed with the court.
- If the Motion for Leave to Appeal is denied, no other action is required apart from the entry of the order on the docket. The appellee may request the return of the Notice of Appeal fee by filing a Motion for Refund.
- Motion must be signed by the filing party.
- The motion must include:
- the facts necessary to understand the question presented;
- the question itself;
- the relief sought;
- the reasons why leave to appeal should be granted; and
- a copy of the interlocutory order or decree and any related opinion or memorandum.
- A Motion for Leave to Appeal cannot be filed unless a Notice of Appeal has already been filed on the case.
- A Certificate of Service must accompany the Motion.
- A proposed order must be uploaded.
1. Log into CM/ECF.
3. Enter case number (in the format xx-xxxxx) and click Next.
4. Select Leave to Appeal, Motion for from the event list and click Next.
5. Check box if jointly filing with another attorney, click Next. If jointly filing, select additional attorneys, click Next.
6. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.
Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.
8. Check the appropriate box next to the order which you are seeking to appeal and click Next.
9. Enter date of service of the Motion (which may be different from the date of filing of the Motion) and click Next.
10. Answer deadline is displayed. Click Next.
11. Click Next.
12. Select prefix text, if applicable, and click Next.
13. Verify the final docket text; if correct, click Next to submit your document(s).
Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.