Oral Argument

(a) Telephone or Videoconference. A party may request by motion, or this Court may determine, that oral argument be conducted telephonically or by videoconference. (b) Change of Date, Method, Or Place Of Hearing. After the notice of oral argument has been docketed, the date, method, or place assigned for hearing will only be changed with leave of court for good cause shown. Only in extraordinary circumstances will an argument be postponed. Except in an emergency, a motion to postpone must be made more than 20 days before the scheduled argument date. In addition, any motion filed must include the position of the opposing counsel party in accordance with 10th Cir. BAP L.R. 8013-1(e) and must address whether the appeal is suitable for submission on the briefs. (c) Notification of Appearance. Within 14 days after the notice of oral argument has been docketed, each party who has filed a brief must file a statement indicating who will appear at oral argument on behalf of the party. Any party who fails to file the required statement may not participate in oral argument without leave of court. 73 (d) Time Allotted for Oral Argument. Regardless of the number of appellants or appellees or the number of attorneys involved, all appellants combined and all appellees combined are each allocated 15 minutes of oral argument time total unless the Court orders otherwise. Appellants may reserve part of their time for rebuttal. If more than one attorney argues on the same side, the time allowed for oral argument may be divided. 74 Rule 8020. Frivolous Appeal; Other Misconduct (a) Frivolous Appeal; Damages and Costs. If the district court or BAP determines that an appeal is frivolous, then after a separate motion is filed or the court gives notice and a reasonable opportunity to respond, it may award just damages and single or double costs to the appellee. (b) Other Misconduct; Sanctions. The district court or BAP may discipline or sanction an attorney or party appearing before it for other misconduct, including failure to comply with a court order. But the court must first give the attorney or party reasonable notice and an opportunity to show cause to the contrary—and if requested, grant a hearing. No local rule. 75 Rule 8021. Costs (a) Against Whom Assessed. The following rules apply unless the law provides or the district court or BAP orders otherwise: (1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise; (2) if a judgment is affirmed, costs are taxed against the appellant; (3) if a judgment is reversed, costs are taxed against the appellee; (4) if a judgment is affirmed or reversed in part, modified, or vacated, costs are taxed only as the district court or BAP orders. (b) Costs for and Against the United States. Costs for or against the United States, its agency, or its officer may be assessed under (a) only if authorized by law. (c) Costs on Appeal Taxable in the Bankruptcy Court. The following costs on appeal are taxable in the bankruptcy court for the benefit of the party entitled to costs under this rule: (1) producing any required copies of a brief, appendix, exhibit, or the record; (2) preparing and sending the record; (3) the reporter’s transcript, if needed to determine the appeal; (4) premiums paid for a bond or other security to preserve rights pending appeal; and (5) the fee for filing the notice of appeal. (d) Bill of Costs; Objections. A party who wants costs taxed must, within 14 days after a judgment on appeal is entered, file with the bankruptcy clerk and serve an itemized and verified bill of costs. Objections must be filed within 14 days after the 76 bill of costs is served, unless the bankruptcy court extends the time. No local rule. 77 Rule 8022. Motion for Rehearing. (a) Time To File; Contents; Response; Action by the District Court or BAP if Granted. (1) Time. Unless the time is shortened or extended by order or local rule, any motion for rehearing by the district court or BAP must be filed within 14 days after a judgment on appeal is entered. (2) Content. The motion must state with particularity each point of law or fact that the movant believes the district court or BAP has overlooked or misapprehended and must argue in support of the motion. (3) Response. Unless the district court or BAP requests, no response to a motion for rehearing is permitted. But ordinarily, rehearing will not be granted without such a request. (4) No Oral Argument. Oral argument is not permitted. (5) Action by the District Court or BAP. If a motion for rehearing is granted, the district court or BAP may do any of the following: (A) make a final disposition of the appeal without reargument; (B) restore the case to the calendar for reargument or resubmission; or (C) issue any other appropriate order. (b) Form; Length. A motion for rehearing must comply in form with Rule 8013(f)(1) and (2). Copies must be served and filed as Rule 8011 provides. Except by the district court’s or BAP’s permission: (1) a motion produced using a computer must include a certificate under Rule 8015(h) and not exceed 3,900 words; and (2) a handwritten or typewritten motion must not exceed 15 pages. 78