Local Rule 7008-1

Pleading Consent to Entry of Final Order or Judgment

In an adversary proceeding, in addition to statements required by FRBP 7008(a), the complaint, counterclaim, cross-claim, and third-party complaint must contain a statement that the Court has authority to enter final orders or judgments. The absence of such a statement will be deemed voluntary consent to the authority of the Court to enter final orders or judgments.


Notes 2018:  New LR 7008-1 was added to address constitutional authority issues created by the holding in Stern v. Marshall, 564 U.S. 2, 131 S.Ct. 2594, 180 L. Ed. 2d 475 (2011), as clarified by Wellness International Network Ltd. v. Sharif, 575 U.S. ___ , 135 S.Ct. 1932, 191 L. Ed. 2d 911 (2015), related to the commencement of an adversary proceeding.

 

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