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.  See 10th Cir. BAP L.R. 8003-2(c).  A party may amend its request no later than the filing of its initial brief.  10th Cir. BAP L.R. 8003-2(c).

Notice of Oral 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.  See 10th Cir. BAP L.R. 8019-1(c).  Any party who fails to file the required statement may not participate in oral argument without leave of Court.  10th Cir. BAP L.R. 8019-1(c).

Change of Date or Place of Argument

Any request to change the date, method, or place of argument must be filed reasonably in advance of the date of the oral argument.  10th Cir. BAP L.R. 8019-1(b).  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.  10th Cir. BAP L.R. 8019-1(b).

Guidelines for Argument

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.