Local Rule LCrR 12.1: Pretrial Motions: Duty To Address Speedy Trial Act Excludable Time Implications
M.D. Pa. — Criminal rule
LCrR 12.1 Pretrial Motions: Duty To Address Speedy Trial Act Excludable Time Implications.
(a) A motion for a continuance of trial and any other pretrial motion filed after arraignment, whether by the government or the defendant, shall include: (1) a statement of whether or not 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), and, if so, a statement or estimation of the number of days to be excluded or a statement describing how excludable time should be determined by reference to a specified future event; and (2) a proposed form of order that, if adopted, will state fully and with particularity the reasons for granting the motion and that states with particularity the proposed findings of the court as to excludable time.
(b) A party opposing a motion shall file, with the responsive brief to the substance of the motion, its agreement with or opposition to the statements or estimations of the moving party made pursuant to subsection (a).
(c) Briefs in support of and in opposition to a motion for a continuance of trial shall be filed as follows:
(1) A party filing a motion for a continuance of trial shall file a supporting brief at the time the motion is filed. A brief shall not be required in support of a motion for a continuance trial if the reasons for the request, specifically the grounds in support of a finding that the ends of justice served by the granting of a continuance outweigh the best interests of the public and the defendant in a speedy trial, are fully stated in the motion.
(2) A party opposing a motion for a continuance of trial shall file a brief in opposition to the motion within seven (7) days after service of the motion. No further briefs may be filed without leave of court.
(3) A party who does not file a brief in opposition to a motion shall be deemed not to oppose the motion.
(d) This rule shall not apply to any motion to be heard ex parte.