Local Rule Criminal L.R. 12: Motions; Evidentiary Hearings
S.D. Ala. — Criminal rule
Criminal L.R. 12. Motions; Evidentiary Hearings
(a) Motions.
(1) Absent a Court order, all motions raising any issue described in Fed. R. Crim. P. 12(b)(3) must be filed within fourteen (14) days after arraignment on an indictment. Every motion must state the statute, rule, or legal or equitable principle pursuant to which it is made and may be accompanied by a supporting memorandum, affidavits, or other documents.
(2) Unless excused by the Court in an individual case, a motion to continue the trial setting of a criminal case must state facts demonstrating that the ends of justice served by a continuance outweigh the best interests of the public and the Defendant in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), or that for some other reason the continuance will not violate the Speedy Trial Act. Unless excused by the Court in an individual case, if the Defendant is the moving party, the motion must be accompanied by the Defendant's affidavit or declaration, see 28 U.S.C. § 1746, stating that the Defendant:
(A) Was advised by the defense attorney of the reasons for seeking a continuance;
(B) Understands that the time requested in the extension may be excluded from any calculation of time under the Speedy Trial Act, 18 U.S.C. §§ 3161-3174; and
(C) With this understanding and knowledge, agrees to the filing of the motion.
(3) Absent a Court order, the non-movant has seven (7) days from the date the motion is served to file a memorandum or other materials in response to any such motion.
(4) Absent a Court order, the movant has seven (7) days from the date the response is served to file any reply.
(5) Any time between the arraignment and the date set by pretrial scheduling order for filing pretrial motions must be deemed excluded from the speedy trial deadline under 18 U.S.C. § 3161(h)(7)(B)(ii), upon a specific finding and order by the Judge under 18 U.S.C. § 3161(h)(7)(A).
(b) Evidentiary Hearing. If a motion seeks an evidentiary hearing, the movant must provide in the motion a short, plain statement of the principal legal issue or issues at stake and specific grounds for relief in the motion and, after a conference with the non-movant, provide a description of the material disputed facts that the movant claims require an evidentiary hearing. The movant also must provide an estimate of the time necessary for the hearing. The non-movant may file a response opposing an evidentiary hearing within seven (7) days after service of a movant's motion seeking an evidentiary hearing. The non-movant's response must include a short, plain statement of why that party believes that an evidentiary hearing is unnecessary.