Local Rule 430.1: CRIMINAL MOTIONS AND PROCEDURES

RULE 430.1 (Fed. R. Crim. P. 12)

CRIMINAL MOTIONS AND PROCEDURES

(a) Motion Calendar. Each Judge and Magistrate Judge will maintain an individual motion calendar. Information as to the times and dates for calling each motion calendar may be obtained from the Clerk or the courtroom deputy clerk for the assigned Judge or Magistrate Judge.

(b) Motion Procedures. Entries of pleas of guilty and motions to quash or dismiss an information or indictment, to suppress evidence, to sever, and to discover the identity of informants shall be heard by the assigned Judge. See L.R. 302(b)(1). All other pretrial matters in criminal actions shall be heard by the Magistrate Judge, L.R. 302(b)(1), unless the assigned Judge elects to hear some or all of such matters in individual actions. See L.R. 302(d). Motions to be heard by the Magistrate Judge shall be filed separately from those to be heard by the Judge. Motions and accompanying documents shall conform to the requirements of the Federal Rules of Criminal Procedure and these Rules. See, e.g., Fed. R. Crim. P. 47, 49; L.R. 130, 131, 132, 134.

(c) Pretrial Motions. Unless good cause is shown, all defenses, objections or requests pursuant to Fed. R. Crim. P. 12, which are capable of determination without the trial of the general issue, must be raised by pretrial motion and noticed for hearing on or before the deadline set by the assigned Judge or Magistrate Judge for hearing all pretrial motions. Pretrial motions shall be noticed in accordance with this rule.

(d) Notice. Except as the assigned Judge directs or these criminal local rules require, all motions in criminal cases shall be filed, served and noticed in accordance with this rule. This rule does not apply to motions during the course of trial or hearing, nor to motions for bail review. See LR 429.

(e) Time. All criminal motions filed pursuant to this rule must be filed in writing for hearing not less than 14 days after service of the motion or, if the Judge or Magistrate Judge specially sets a date for hearing, not less than 14 days before the date specially set. The time for filing may be shortened only with leave of Court for good cause shown.

(f) Opposition and Reply. Any opposition to a noticed motion shall be served and filed within 7 days after the motion is filed. A responding party who has no opposition to the granting of the motion shall serve and file a statement to that effect. Any reply shall be served and filed not more than 4 days after the opposition is due. No party will be entitled to be heard in opposition to a motion at oral argument if that party has not timely filed an opposition to the motion. The time for filing an opposition or reply may be shortened only with leave of Court for good cause shown.

(g) Calculation of Time Periods. The time periods fixed by this Rule shall supersede the time periods for service of notices of motion, affidavits, and other documents prescribed in Fed. R. Crim. P. 47.

(h) Evidentiary Hearings. If a party desires an evidentiary hearing, that request must be stated specifically in the motion, along with an estimate of the time required for the presentation of evidence and/or arguments. The reply brief shall contain a re-estimate of the time or a statement that the original estimate is unchanged. Counsel shall comply with L.R. 403 as to witnesses or parties requiring interpreter services.

(i) Motions for Reconsideration. Whenever any motion has been granted or denied in whole or in part, and a subsequent motion for reconsideration is made upon the same or any alleged different set of facts, see L.R. 303, it shall be the duty of counsel to present to the Judge or Magistrate Judge to whom such subsequent motion is made an affidavit or brief, as appropriate, setting forth the material facts and circumstances surrounding each motion for which reconsideration is sought, including:

(1) when and to what Judge or Magistrate Judge the prior motion was made;

(2) what ruling, decision or order was made thereon; and

(3) what new or different facts or circumstances are claimed to exist that did not exist or were not shown upon such prior motion or what other grounds exist for the motion.

(j) Appeal from Magistrate Judge's Rulings. An appeal from a final decision of the Magistrate Judge shall be served and filed within fourteen (14) days after the date of the decision. To the extent appropriate, the brief supporting the appeal shall contain the information prescribed in (i).