Local Rule LR Cr 12: PRETRIAL MOTIONS
D.R.I. — Criminal rule
LR Cr 12 PRETRIAL MOTIONS
(a) Form and Content. Every pretrial motion and any objection thereto shall comply with the requirements of LR Cr 47 of these Local Rules.
(b) Discovery Motions.
(1) All motions for discovery shall specify exactly what the movant seeks.
(2) No motions seeking discovery shall be filed unless counsel first confers with opposing counsel to determine if the information sought will be provided without the need for the filing of a motion.
(3) Any motion for discovery shall bear a certification by counsel for the movant:
(A) that all counsel concerned have conferred in good faith and have been unable to resolve the dispute(s); or
(B) that counsel for the movant has made a good faith attempt to confer with opposing counsel but that opposing counsel has failed to respond.
(c) Duty to Address Speedy Trial Act.
(1) All motions shall address:
(A) the number of days remaining, as of the date of the filing of the motion, before trial must begin pursuant to the Speedy Trial Act; and
(B) whether any delay occasioned by the making, hearing, or granting of that motion will constitute, in whole or in part, excludable time as defined by 18 U.S.C. § 3161(h).
(2) Any party objecting to a motion shall include with the objection a statement as to whether it agrees or disagrees with the moving party's calculation under subsection (c)(1) of this rule.
(3) A party that requests a continuance and contends that the resulting delay should be excluded under 18 U.S.C. § 3161(h)(7) shall set forth reasons to support a finding that the ends of justice served by the granting of a continuance outweigh the interests of the public and the defendant in a speedy trial.
(d) Need for Evidentiary Hearing. All motions and objections 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.
(e) Speedy Trial Orders. Any order presented by counsel granting a motion for a continuance and excluding the resulting delay from the calculation of time under the Speedy Trial Act shall state the Court's finding that the ends of justice served by the continuance outweigh the interest of the public and the defendant in a speedy trial.
Effective 4/1/24: §(c) amended. Effective 12/1/19: §(b) deleted; §(c)-(f) redesignated as (b)-(e).
CROSS-REFERENCES See LR Cr 47 (Motions and Others Papers). See also 18 U.S.C. §§ 3161 et seq. (Speedy Trial Act).