Local Rule LCrR 12.1: Motion Practice
D.N.H. — Criminal rule
12.1 Motion Practice
(a) Discovery Motions. Discovery motions shall be filed within thirty (30) days after the arraignment.
(b) Dispositive and Evidentiary Motions. Dispositive and evidentiary motions, which shall not include motions in limine, shall be filed no later than twenty-one (21) days prior to trial. For the purpose of this rule and LR 7.1(a) and (c) – (f), dispositive motions include motions to dismiss and motions to suppress.
(c) Motions in Limine. Motions in limine shall be filed no later than seven (7) days prior to trial. Objections to motions in limine shall be filed on the day of trial.
(d) Motions for Continuance of Trial. Any defense motions to continue trial must either (1) be accompanied by a waiver of speedy trial signed by the defendant, or (2) contain a certification by defense counsel that (i) defense counsel has consulted with the defendant about the requested continuance, (ii) defense counsel has explained to the defendant that, by seeking a continuance, the defendant is waiving his constitutional and statutory rights to a speedy trial, (iii) the defendant has personally assented to the continuance, and (iv) defense counsel is mailing forthwith to the defendant a copy of the motion to continue. The motion must specify the jury selection date for the presiding judge's trial period to which the trial is being continued.
(e) Assented to Motions to Extend Time to Indict. Either simultaneous with the filing of an assented to motion to extend the time to indict, or within ten (10) days after an order granting the motion, defense counsel must file a waiver of speedy trial signed by the defendant or a certification as set forth in subsection (d).
(f) Objections. Unless the Federal Rules of Criminal Procedure or these local rules provide otherwise, an objection and memorandum in opposition to a motion shall be filed within fourteen (14) days from the date the motion is filed. Unless an objection is filed within the time established by this rule, the party opposing the motion shall be deemed to have waived objections, and the court may act on the motion.
(§ (d) amended 1/1/03; § (b) amended, § (c) added, former §§ (c)-(d) relettered accordingly 1/1/08; § (e) amended 12/1/09; § (e) added, former § (e) relettered accordingly, §§ (d) and new § (f) amended 12/1/21; §§ (b) and (d) amended 12/1/23)