Local Rule CrLR12: CRIMINAL PRETRIAL MOTION PRACTICE

CrLR12. CRIMINAL PRETRIAL MOTION PRACTICE

CrLR12.1. Implementation. Federal Rule of Criminal Procedure 12 and this rule are to be followed to ensure consistent and efficient practice before this Court. Motions and responses that do not comply with these rules are waived.

CrLR12.2. Form. A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority. It shall also be accompanied by a separate order granting the relief requested and by an averment that the movant has conferred with the respondent, but that an agreement cannot be reached on the disposition of the motion. If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue. An unopposed motion and its order must bear in the captions "unopposed."

CrLR12.3. Responses. If the respondent contests the motion, the response must be in writing, accompanied by authority and controverting affidavit or declaration of material facts, together with a separate order denying the relief sought.

CrLR12.4. Service. All motions must be served on all parties and contain a certificate of service.

CrLR12.5. Submission. At the time of arraignment the judicial officer shall set the time for pretrial motions and for any responses to the motions.