Local Rule LCrR 12: MOTION, NOTICE, AND REQUEST DEADLINES

LCrR 12 MOTION, NOTICE, AND REQUEST DEADLINES a. Deadlines for Non-Trial-Related Motions, Notices, and Requests. Unless some other deadline is established by order of the court, all motions, notices, and requests under Federal Rules of Criminal Procedure 12(b), 12.1(a)(1), 12.2(a) and (b), 12.3(a) and 21; all notices and requests pursuant to the Federal Rules of Evidence; and all other non-trial-related motions must be filed, given, or made within 28 days after the date of the defendant's first arraignment, except a request under Federal Rule of Criminal Procedure 12(b)(4)(B) must be made at the arraignment or as soon thereafter as is practicable. Notwithstanding this rule, a motion relating to a notice or request is timely if filed within 7 days after service of the notice or request.

b. Deadlines After Continuance or Superseding Indictment. When a trial date is continued, or a superseding indictment is returned, the original deadlines prescribed under the Local Rules or by order of the court remain unchanged unless, within 7 days after the continuance order has been entered or at the arraignment on the superseding indictment, either the defendant or the government requests that new deadlines be set, and an order is entered by the court changing the deadlines.

c. Deadlines for Trial-Related Motions. Motions in limine, motions pursuant to Federal Rule of Evidence 104(a), and all other trial-related motions must be filed as soon as practicable. All such motions must be filed at least 7 days before trial. Motions covered by Local Criminal Rule 12(a) and motions to transfer are not trial-related motions for purposes of this section.

d. Motion Procedure. Local Criminal Rule 47 governs motion procedure in criminal cases.

e. Untimely Motions. The court may refuse to consider an untimely motion unless the moving party establishes good cause for the untimeliness of the motion.