Local Rule 1.1: Scope and Construction
M.D. Ala. — General rule
Local Rule 1.1 Scope and Construction.
(a) Title and Citation. These rules shall be known as the Local Rules of the United States District Court for the Middle District of Alabama. Rules applying to civil matters and to general provisions should be cited as "M.D. Ala. LR " and rules applying to criminal matters should be cited as "M.D. Ala. LCrR ."
(b) Effective Date. These rules become effective on December 1, 2010 and shall govern all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending.
(c) Scope and Construction. These rules, made pursuant to the authority of 28 U.S.C. § 2071, Fed. R. Civ. P. 83, and Fed. R. Crim. P. 57, shall apply to all proceedings, whether civil or criminal, unless specifically provided to the contrary or necessarily restricted by inference from the context.
(d) Relationship to Prior Rules and Subsequent Orders. These rules supersede all previous rules promulgated by this Court or any judge of this Court except for those general or standing orders that exist at the time the rules are published and that do not expressly conflict with these rules. These rules, however, may be affected by any general or standing orders promulgated pursuant to the authority of 28 U.S.C. 2071(e) and entered by this Court after publication of these rules.
(e) Any judge of this Court may suspend application and enforcement of these local rules, in whole or in part, in the interests of justice in individual actions. When any judge of this Court, in a specific action, issues any order which is not consistent with these rules, such order shall constitute a suspension of the rules with respect to that action only, and only to the extent that such order is inconsistent with the rules.
(f) Subject to the review of the District Court, the Bankruptcy Court for the Middle District of Alabama is authorized to make and amend rules governing practice and procedure in all actions within its jurisdiction. Any rules made pursuant to this authorization must be consistent with Bankruptcy Rule 9029, and Fed.R.Civ.P. 83, and may not limit the use of the Official Forms.
(g) Rules of Construction and Definition. United States Code, Title 1, Sections 1 to 5, shall, as far as applicable, govern the construction of these rules.