The Court will generally schedule argument sessions in Denver, Colorado, in the Byron White U.S. Courthouse, and non-local parties may appear by video or telephone. This Court will arrange for and establish a telephone conference or video link with personnel at the local district court. Each local district court location is equipped with a podium for argument and appropriate video conference equipment.

Tips for presenting argument by video conference include the following:

• Act Natural. The panel judges will be able to see and hear you just as if you were presenting your argument in person.
• Make Eye Contact. The camera is typically located on top of the monitor. By looking at the judges on the monitor, you will give the judges the sense that you are looking at them.
• Use Your Normal Voice. The podium microphone and system speakers will pick up and transmit your voice as clearly as if you were arguing to the judges in person. There is no need to speak louder or slower than you would in a normal courtroom setting.
• Avoid Exaggerated and Unnecessary Gestures or Movement. Remain standing behind the podium. If you move away from the podium, you may be out of camera range and not visible to the panel judges. While normal gesturing can enhance your video conferenced argument, extreme or exaggerated hand and arm movements can be distracting.
• Dress Conservatively. Dressing for a videoconference will be different from dressing for a face-to-face argument session. In general, light blues and grays work well; reds, fuchsia, and bright blue do not. Bold patterns, bright white shirts and blouses, ruffles and trims, and dangling or shiny jewelry, might be distracting and may cause a strobe effect.
• Avoid Unnecessary Noise. Noise, such as that caused by tapping on the podium or shuffling papers, may be transmitted through the system to the panel judges, thereby making it difficult for them to hear or concentrate on your argument.

Oral argument must be allowed in every case unless the BAP Judges assigned to hear the appeal examine the briefs and record and determine that oral argument is unnecessary because the appeal is 1) frivolous; 2) the dispositive issues have been authoritatively decided; or 3) the facts and arguments are adequately presented in the briefs and the decisional process would not be aided by oral argument.  See Fed. R. Bankr. P. 8019(b). The Court will generally schedule argument sessions in Denver, Colorado, in the Byron White U.S. Courthouse, and parties may appear in person, or by video or telephone.

Parties indicate whether they request oral argument on the Statement Regarding Oral Argument, which must be filed within 14 days after the date of the notice that the appeal has been docketed or upon filing a motion or response.  A party may amend its request no later than the filing of its initial brief.  See 10th Cir. BAP L.R. 8003-2(c).

Any upcoming argument calendars are posted approximately six weeks prior to the scheduled date of argument. 

When a case has been scheduled for oral argument, the Court will send all parties a Notice of Oral Argument, which includes the date, time, and place for argument, and an Oral Argument Acknowledgment Form.  See Fed. R. Bankr. P. 8019(c).  Each attorney and pro se party is required to return the Oral Argument Acknowledgment Form within 14 days, indicating whether the attorney or the party intends to appear for oral argument.  Any party who fails to file the required statement may not participate in oral argument without leave of Court.  See 10th Cir. BAP L.R. 8019-1(c).

Cross appeals, consolidated appeals, or companioned appeals will be argued as one case.  A cross-appellant is considered an appellee for purposes of oral argument.  Argument time is limited to 15 minutes for the appellant and 15 minutes for the appellee, but may be reduced or expanded by the Court.  The appellant is entitled to open and conclude the argument, and may reserve part of the time for rebuttal.  An appellee is generally not permitted to reserve time for rebuttal.  The Judges on the panel will have reviewed the record and briefs and will be familiar with the facts and issues of the case.  Argument should be devoted to key points, clarifying issues as needed, and responding to questions raised by the judges.

Any request to change the date, method, or place of argument must be filed reasonably in advance of the date of the oral argument.  After the notice of oral argument has been docketed, the date, method, or place assigned for oral argument will only be changed with leave of Court for good cause shown.  See 10th Cir. BAP L.R. 8019-1(b).