Local Rule LCrR 12: PRETRIAL MOTIONS

LCrR 12 PRETRIAL MOTIONS A. Timing. Motions that must be made before trial under Fed. R. Crim. P.12, those made under Rule 41, and a motion for a bill of particulars under Fed. R. Crim. P. 7 shall be made within fourteen days after arraignment, unless the court extends the time at arraignment, or upon written application made within the said fourteen day period. The court, in its discretion, may, however, for good cause shown, permit a motion to be made and heard at a later date.

B. Requirements. All such motions shall contain a short and plain description of the requested relief and incorporate or be accompanied by a memorandum or brief setting forth the reasons and legal support for the granting of the requested relief.

C. Response. Any party opposing a motion may file and serve a response within fourteen days after service of the motion, unless the time period is otherwise extended by the Court. Every response shall incorporate or be accompanied by a memorandum or brief setting forth the reasons and legal support for the respondent's position.

D. Reply Memorandum. The movant may file and serve a reply memorandum within fourteen days after service of the response, unless the time period is otherwise extended by the Court.

E. Motion to Extend Time. Any motion to extend the time limits set forth above shall set forth the grounds upon which it is made and whether the continuance sought shall constitute, in whole or in part, excludable time as defined by 18 U.S.C. § 3161(h). Said motion to extend time shall be accompanied by a proposed form of Order that, if adopted, will state fully and with particularity the reasons for granting the motion as well as the proposed findings of the Court as to excludable time. Extensions of the time limits set forth above shall be excludable to the extent authorized by 18 U.S.C. § 3161(h). Extensions shall be granted by the Court where warranted by the ends of justice in accordance with the list of factors set forth in § 3161(h)(7)(B). The Court may consider good faith scheduling conflicts, additional time needed for reasonable preparation, the interests of the defendant and the government in maintaining continuity of counsel, and other unavoidable problems, such as emergencies and illness. This list is illustrative and not exclusive.