Local Rule LCrR12.1: Pretrial Motions

LCrR12.1 Pretrial Motions.

(a) Time for Filing Pretrial Motions. Unless otherwise ordered by the court or addressed elsewhere by these rules, all pretrial motions, including requests for rulings on any contested matter of discovery, shall be filed and served within 21 days from the date a plea of not guilty is entered.

(b) Response Time. The party opposing the motion shall file and serve a response within 9 days after the motion is filed.

(c) Reply and Supplemental Briefs. Reply briefs are permitted only with leave of court and shall not reargue the points and authorities included in the opening brief. Reply briefs shall be limited to 10 pages in length unless otherwise authorized by the court and shall comply with the format requirements of LCvR7.1(e).

(d) Motions in Writing. Motions in criminal cases shall be in writing and state with particularity the grounds therefor and the relief or order sought. All motions and other pleadings shall conform to the requirements of LCrR49.2.

(e) Concise Brief Required. All motions and responses thereto must be accompanied by a concise brief citing all authorities upon which the movant or respondent relies. Briefs shall conform to LCvR7.1(c)-(e). A motion and the brief in support may be presented to the court as one document if clearly stated in the caption of the pleading.

(f) Extensions of Time and Continuances. All motions for extension of time or continuance shall state:

(1) the event and date that activated the time limits of the Speedy Trial Act (e.g., "defendant arrested April 1, 2010, indictment or information due within 30 days"; "defendant appeared before United States magistrate judge May 1, 2010, jury trial to commence within 70 days");

(2) the date the act is due to occur without the requested extension continuance;

(3) whether previous motions for extensions or continuances have been made the disposition of the motions, and, for any motion that was granted, whether the court found the period of delay resulting from that extension or continuance to be excludable under the Speedy Trial Act;

(4) whether the delay resulting from the requested extension or continuance is excludable under the Speedy Trial Act;

(5) specific reasons for the requested extension or continuance, including why the act cannot be done within the originally allotted time;

(A) If the reason given for the extension is that other litigation presents a scheduling conflict, the motion must also:

(i) identify the litigation by caption, case number, and court;

(ii) describe the action taken in the other litigation, if any, to request a continuance or deferment;

(iii) state the reasons why the other litigation should receive priority;

(iv) state reasons why other associated counsel cannot handle the case in which the extension is being sought or the other litigation; and

(v) recite any other relevant circumstances.

(B) If an extension is requested due to the complexity of the case, including voluminous discovery, the motion must include specific facts demonstrating such complexity.

(C) If the motion is sought due to some type of personal hardship that counsel or the client will suffer if an extension is not granted, the motion must state the specific nature of that hardship and when the hardship might be resolved.

(D) If the motion would require divulging trial strategy or information of a highly personal nature, including medical data, the movant may seek leave to file the motion under seal. If trial strategy would be revealed, the motion and request for leave may be presented ex parte.

(6) Whether opposing counsel objects to the requested extension or continuance;

(7) The impact, if any, on the scheduled trial or other deadlines; and

(8) The precise relief requested by the motion.

All such motions shall be accompanied by a proposed order for the court's consideration. The proposed order, which shall not differ in any respect form the relief requested in the motion, shall state specifically the deadline(s) being extended and the new date(s) for the deadline(s) and shall include the findings required under the Speedy Trial Act.