Local Rule Criminal Rule 47.1: MOTIONS

CRIMINAL RULE 47.1 MOTIONS

(A) MOTIONS

(1) DEADLINES AND PAGE LIMITS When serving and filing a motion, the moving party must contemporaneously serve and file a memorandum in support not to exceed twenty (20) pages. The adverse party has fourteen (14) days after service and filing of a memorandum in support to serve and file a response not to exceed twenty (20) pages. The moving party has seven (7) days after the service and filing of a response to serve and file a reply not to exceed seven (7) pages. A table of contents and a table of authorities, if a party chooses to include them, are excluded from the page limits described above.

MOTION DEADLINES AND PAGE LIMITS DAYS PAGES Memorandum in Support of Motion 20 Response 14 20 Reply 7 7

(2) MOTIONS TO REDUCE SENTENCE The United States has twenty-eight (28) days after service and filing of a motion to reduce sentence to file a response. The moving party has fourteen (14) days after the service and filing of a response to serve and file a reply. The page limits outlined in subsection (A)(1) apply to briefing on motions to reduce sentence.

(3) MOTIONS FOR LEAVE TO FILE ADDITIONAL FILINGS OR TO EXCEED PAGE LIMITS A party must serve and file a motion for leave of court to file additional filings or filings that exceed the page limits. Leave of court is granted only upon a showing of good cause. A memorandum in support of a motion for leave of court to file an additional filing or to file a filing that exceeds the page limits is not required but, if filed, may not exceed two (2) pages.

(4) MOTIONS FOR LEAVE OF COURT A party filing a motion for leave of court to file a document must file the proposed document as an attachment.

(5) MOTIONS FOR ORAL ARGUMENT The court may order oral argument on its own or upon a party's motion. A memorandum in support of the motion for oral argument is not required but, if filed, may not exceed two (2) pages.

(B) GENERAL MATTERS

(1) DEADLINES FOR PRO SE PARTIES WITHOUT ACCESS TO ELECTRONIC FILING Under Fed. R. Crim. P. 45(c), pro se parties without access to electronic filing are often allowed three (3) additional days when calculating the deadlines in this rule.

(2) SERVICE AND FILING NOT ON SAME DATE A party's time to respond or reply does not begin until after the service and filing of the motion or response, whichever is later.

(3) PROPOSED ORDERS NOT REQUIRED Unless otherwise ordered, a proposed order should not be filed.

(4) FORM OF FILINGS AND EXHIBITS

(a) A party must serve and file a complete PDF copy of a deposition or other transcript offered in support of or in opposition to a motion.

(b) A party must serve and file each exhibit offered in support of or in opposition to a motion as a separate attachment with a sufficiently detailed description, so the attachment is readily identifiable. A party may not file a document already on file with the court but must instead refer to the docket number assigned to the filed document.

(5) FAILURE TO FILE MEMORANDUM OR RESPONSE A party's failure to serve and file a memorandum or a response within the prescribed time may subject a motion to summary ruling. A moving party's failure to serve and file a memorandum in support may be deemed an admission that the motion is without merit. An adverse party's failure to serve and file a response to a motion may be deemed an admission that the motion is well taken.