§  1.376   Oral hearing or argument.

   (a) Notwithstanding any requirement in the designation order that the
   hearing be conducted and resolved on a written record, a party may file
   a motion to request an oral hearing pursuant to § 1.291. Any such motion
   shall be filed after the submission of all the pleadings but no later
   than the date established in the scheduling order. See § § 1.248 and
   1.372 through 1.374. The motion shall contain a list of genuine
   disputes as to outcome-determinative facts that the movant contends
   cannot adequately be resolved on a written record and a list of
   witnesses whose live testimony would be required to resolve such
   disputes. The motion also shall contain supporting legal analysis,
   including citations to relevant authorities and parts of the record. If
   the presiding officer finds that there is a genuine dispute as to an
   outcome-determinative fact that cannot adequately be resolved on a
   written record, the presiding officer shall conduct an oral hearing
   limited to testimony and cross-examination necessary to resolve that
   dispute.

   (b) The presiding officer may, on his or her own motion following the
   receipt of all written submissions, conduct an oral hearing to resolve
   a genuine dispute as to an outcome-determinative fact that the
   presiding officer finds cannot adequately be resolved on a written
   record. Any such oral hearing shall be limited to testimony and
   cross-examination necessary to resolve that dispute.

   (c) Oral argument shall be permitted only if the presiding officer
   determines that oral argument is necessary to resolution of the
   hearing.