Oral Argument

First Circuit Bankruptcy Appellate Panel Local Rules

Rule: 8019-1

Jurisdiction: US

Bluebook Citation: 1st Cir. BAP L.R. 8019-1

(a) Statement Regarding Oral Argument. The parties shall include, either in the opening or answering brief, a statement limited to one-half page setting forth the reasons oral argument should, or need not, be heard (the “Statement”). The Statement shall be inserted immediately after the Table of Contents and Table of Authorities, and before the first page of the brief, and shall bear the caption “Statement Regarding Oral Argument.” The Statement shall not be considered in determining the maximum number of pages in the brief. (b) Waiver of Oral Argument. Oral argument may be waived upon written stipulation of the parties, unless the BAP orders otherwise. (c) Telephone or Videoconference. A party may request in the Statement, or the BAP may determine, that oral argument shall be conducted by telephone or by videoconference. (d) Exceptions to Oral Argument. If the BAP concludes that oral argument is unnecessary, based on the standards set forth in Fed. R. Bankr. P. 8019(b), it will promptly advise the parties. (e) Presentation of Oral Argument. At oral argument the parties may expect the panel of judges to be familiar with the briefs and the record on appeal. The BAP will permit no more than 15 minutes per side for oral argument unless it announces otherwise. Counsel shall adhere to the prescribed time limit by their own devices. Where more than one counsel argues on one side of a case, it is their responsibility to assure a fair division of the total time allotted. One or more cases posing the same issues arising from the same factual context may be treated as a single case for the purposes of this rule. (f) Location of Oral Argument. The BAP generally conducts oral argument monthly in Boston. For cases originating in Puerto Rico, Maine, New Hampshire, and Rhode Island, the BAP may conduct oral argument in those districts. The parties may set forth their preference for the timing or location of oral argument in the Statement. The BAP may accommodate those preferences depending on considerations of scheduling and caseload. (g) Change of Date, Method, or Place of Hearing. Once the BAP schedules an appeal for oral argument, it will only grant motions to change the date, method, or location for good cause shown.

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