Local Rule LR Cr 47: MOTIONS AND OTHER PAPERS
Bankr. D.R.I. — Criminal rule
LR Cr 47 MOTIONS AND OTHER PAPERS
(a) In General.
(1) Request for Relief. A request for a court order must be made by motion. A motion must be in writing unless made during a hearing or trial or if the Court permits otherwise.
(2) Contents of a Motion.
(A) Grounds and Relief Sought. All motions must state with particularity the grounds for seeking an order, the relief sought, and the legal argument necessary to support it.
(B) Accompanying Documents. A separate memorandum of law need not be filed. However, if a party chooses to file a memorandum of law, it must be served as an attachment to the motion and not as a separate docket entry.
(3) Response. Any party may file a response to a motion, the contents of which are governed by LR Cr 47(a)(2). The response must be filed within 14 days after service of the motion unless the Court shortens or extends the time.
(4) Reply to Response. Although the filing of a reply is not required, any reply to a response must be filed within 7 days after service of the response. A reply shall not present matters that do not relate to the response, or reargue or expand upon the arguments made in support of the motion.
(5) Sur-replies. Sur-replies may only be filed with prior leave of Court.
(b) Need for Hearing. All motions and responses shall contain a statement by counsel as to whether oral argument and/or an evidentiary hearing is requested; and, if so, the estimated time that will be required.
Effective 12/1/17: §(a) amended; §§(b)-(d) deleted; and §(e) redesignated as (b). Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective12/1/09: §(b)(1) amended. Effective 1/5/09: Title and §§(b)(2)and (d)(1) amended. Effective 3/17/08: §(b)(2) deleted (re: reply briefs); §(b)(3) redesignated as (b)(2); §§(c) and (d)(1) amended; and §(d)(4) added.
CROSS-REFERENCES See LR Cr 12 (Pretrial Motions) and LR Cr 57(a) (form of documents filed). See also LR Gen 102 (filing and sealing of confidential documents) and LR Cv 7 (motions in civil cases). See generally Fed. R. Crim. P. 45(a) (computation of time).