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Requesting Oral 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).