Fed. R. Bankr. P. 8019 (Oral Argument) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Fed. R. Bankr. P. 8019.
Text
(a)PARTY’S STATEMENT. Any party may file, or a district court
or BAP may require, a statement explaining why oral argument
should, or need not, be permitted.
(b)PRESUMPTION OF ORAL ARGUMENT; EXCEPTIONS. Oral argu-
ment must be allowed in every case unless the district judge—or
each BAP judge assigned to hear the appeal—examines the briefs
and record and determines that oral argument is unnecessary be-
cause:
(1)the appeal is frivolous;
(2)the dispositive issue or issues have been authoritatively
decided; or
(3)the facts and legal arguments are adequately presented in
the briefs and record, and the decisional process would not be
significantly aided by oral argument.
(c)NOTICE OF ORAL ARGUMENT; MOTION TO POSTPONE. The dis-
trict court or BAP must advise all parties of the date, time,
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(a) PARTY’S STATEMENT. Any party may file, or a district court or BAP may require, a statement explaining why oral argument should, or need not, be permitted. (b) PRESUMPTION OF ORAL ARGUMENT; EXCEPTIONS. Oral argu- ment must be allowed in every case unless the district judge—or each BAP judge assigned to hear the appeal—examines the briefs and record and determines that oral argument is unnecessary be- cause: (1) the appeal is frivolous; (2) the dispositive issue or issues have been authoritatively decided; or (3) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument. (c) NOTICE OF ORAL ARGUMENT; MOTION TO POSTPONE. The dis- trict court or BAP must advise all parties of the date, time, and place for oral argument and the time allowed for each side. A mo- tion to postpone the argument or to allow longer argument must be filed reasonably before the hearing date. (d) ORDER AND CONTENT OF THE ARGUMENT. The appellant opens and concludes the argument. Counsel must not read at length from briefs, the record, or authorities. (e) CROSS-APPEALS AND SEPARATE APPEALS. If there is a cross- appeal, Rule 8016(b) determines which party is the appellant and which is the appellee for the purposes of oral argument. Unless the district court or BAP orders otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is argued. Separate parties should avoid duplicative argument. (f) NONAPPEARANCEOFAPARTY. If the appellee fails to appear for argument, the district court or BAP may hear the appellant’s ar- gument. If the appellant fails to appear for argument, the district
court or BAP may hear the appellee’s argument. If neither party appears, the case will be decided on the briefs unless the district court or BAP orders otherwise. (g) SUBMISSION ON BRIEFS. The parties may agree to submit a case for decision on the briefs, but the district court or BAP may order that the case be argued. (h) USEOFPHYSICALEXHIBITSATARGUMENT; REMOVAL. An attor- ney intending to use physical exhibits other than documents at the argument must arrange to place them in the courtroom on the day of the argument before the court convenes. After the argu- ment, the attorney must remove the exhibits from the courtroom unless the district court or BAP orders otherwise. The clerk may destroy or dispose of them if the attorney does not reclaim them within a reasonable time after the clerk gives notice to do so. (Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 2, 2024, eff. Dec. 1, 2024.)