Local Rule Criminal Rule 47.1: Motions

Criminal Rule 47.1 Motions a. Motions Before Judge. All hearing dates for any motions must be obtained from the courtroom deputy of the judge to whom the case is assigned. b. Filing Moving Papers. 1. Filing. The original of all motions, including all attached exhibits, on behalf of any defendant, or on behalf of any moving party except the United States, must be filed with the Clerk at least fourteen (14) days prior to the date for which the motion is noticed unless the Court, for good cause and by order only, shortens that time. The noticed hearing date and time must appear on the cover page of each motion, and any opposition, in the space opposite the caption, below the file number. 2. Service. Other criminal motions must be served upon the adverse party, or the party's attorney, and filed with the Clerk at least fourteen (14) days prior to the date for which the motion is noticed unless the Court, for good cause and by order only, shortens such time. 3. Accompaniments. Each motion or other request for ruling by the Court must include within it a Memorandum of Points and Authorities in support of the motion and a caption listing the nature of the motion, hearing date and time, and the judge who will hear the motion. Where appropriate a separate or a joint statement of material facts, required declarations or affidavits or exhibits, must be supplied. 4. Untimely Motions. The Clerk's Office is directed not to file untimely motions and responses thereto without the consent of the judicial officer assigned to the case. c. Time for Filing Opposition. Each party opposing the motion must not later than seven (7) days prior to the hearing, serve upon the adverse party, or the party's attorney, and file with the Clerk either an opposition containing a brief and complete statement of all reasons in opposition to the position taken by the movant, an answering memorandum of points and authorities and copies of all documentary evidence upon which the party in opposition relies; or, a written statement that the party will not oppose the motion. d. Joinders in Motions. 1. The Clerk must refuse to accept for filing any joinder in motions if there are no pending motions on file. 2. Each joinder must specifically identify the particular motion(s) to which the joinder applies and the basis for the defendant's standing to raise such motion, where necessary. e. Length of Brief in Support of or in Opposition to Motions. Briefs of memoranda in support of or in opposition to all motions noticed for the same motion day must not exceed twenty-five (25) pages in length total for all such motions without leave of a district judge. f. Disposition after Motions are Calendared. Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the court clerk of the appropriate judge at the earliest available time to inform the Court of the disposition. g. Declarations in Support of and in Opposition to Criminal Motions. 1. When Declarations Required. Criminal motions requiring a predicate factual finding must be supported by declaration(s). When an opposing party contests a representation of fact contained in a moving declaration, opposition must likewise be supported by a declaration which places that representation into dispute. When an opposing party does not contest such a representation, but argues instead that additional facts render that representation moot or immaterial, the opposing party must support its argument with declaration(s) setting forth such additional facts. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition. 2. Contents of Declarations. Each declaration must set forth, under penalty of perjury, all facts then known and upon which it is contended the motion should be granted or denied. Each declaration must show affirmatively that the declarant is competent to testify to the matter stated therein, must avoid argument and conclusions of law and must in all other respects contain only such representations as would be admissible under the Federal Rules of Evidence. 3. Timely Filing of Declarations. Declarations submitted in support of and in opposition to criminal motions must be filed in a timely manner in accordance with the filing deadlines set forth in Criminal Local Rules 47.1.b and 47.1.c. 4. Availability of Declarants. Each declarant in support of and in opposition to criminal motions must be made available for cross-examination at the hearing of the motion, unless the opposing party does not dispute the facts contained in the declaration.