(a) Pretrial Motions to Continue Deadlines or Proceedings
A pretrial motion for continuance of deadlines or proceedings must address:
(1) the number of days remaining prior to the expiration of the time limit set out in the
Speedy Trial Act, 18 U.S.C. § 3161;
(2) if applicable, the subsection of 18 U.S.C. § 3161(h) of the Speedy Trial Act
pertinent to the filing and consideration of the motion;
(3) the position of the opposing party on the motion, or an explanation why such
position was not obtained; and
(4) a proposed order, which is also to be emailed to the judicial officer’s proposed
orders inbox;
Unopposed motions to continue deadlines may be filed on expedited time without prior
approval, and the unopposed and expedited nature of the motion must be set forth in the
motion’s caption.
Pretrial motions for continuances by defendants appearing without counsel must be filed
electronically by the Clerk, and referred by the Clerk to a judicial officer for a determination
whether the provisions of this rule should be waived.
(b) Substantive Motion Practice
A motion is initiated by the filing of a document that includes:
(1) a concise statement of the relief or decision sought;
(2) if the motion is seeking discovery, a certification that the movant has in good faith
conferred or attempted to confer with the opposing party;
(3) a brief statement of the relevant facts, including, for motions made pursuant to the
Fourth Amendment, how the moving party has met (or expects to meet) its burden of
establishing a reasonable expectation of privacy in the place or object searched;
(4) statement of the legal authorities relied upon;
(5) a statement as to whether or not an evidentiary hearing will be required and if so,
an estimate of the time needed for the hearing; and
(6) a proposed order, which is also to be emailed to the judicial officer's proposed
orders inbox.
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(c) Oppositions to Motions
Unless otherwise ordered by the court, oppositions to any pretrial motions must be filed
within 7 days of the filing of the motion, and post-conviction motions (other than those
covered by the habeas corpus local rules) must be filed within 14 days of the filing of the
motion.
(d) Replies to Oppositions
Unless otherwise ordered by the court, no reply memorandum will be filed.
(e) Motions for Expedited Consideration
A party may move for a hearing or consideration of a motion on a time schedule shorter
than provided by these rules. The motion that is proposed to be expedited must be filed
separately from, but concurrently with, the motion for expedited consideration. A motion
requesting expedited consideration must contain:
(1) a specific statement of the reasons supporting the request;
(2) a statement of the efforts made by counsel for the moving party to resolve the
timing issue with opposing counsel, and the non-moving party’s position; and
(3) the requested timing for the responsive filing and a ruling on the underlying motion,
along with a proposed order setting forth these dates.
The party filing the motion must immediately advise the clerk’s office of the filing as by
calling the clerk’s office at (907) 677-6130. The clerk’s office will immediately bring the
motion to the judge’s attention so that the judge may decide whether expedited
consideration of the principal motion is warranted.
(f) Motions or Supporting Documents Filed Under Seal or Ex Parte
A motion seeking to file a separate document under seal or ex parte may itself be filed
under seal or ex parte without first obtaining leave of the court. Otherwise, except as
specifically provided by statute, court rule, case law, protective order or published policy
and procedures, no other pleading, motion, or other paper may be filed under seal or ex
parte without first obtaining leave of the court.
(1) Any motion to file a document under seal must:
[A] set forth the factual basis for filing the document under seal, why filing the
document with redactions is not practicable, and citation to supporting authority;
[B] identify the filings associated with the document, if applicable;
[C] attach the principal document to be filed under seal as an exhibit;
[D] contain a proposed order authorizing the filing of the document under seal,
which identifies the type of document to be filed under seal and states the general
basis for the filing in such manner. (For example, “The Court grants the motion to
file under seal at Docket __, as the Court finds that the movant’s interest in
confidentiality outweighs the public’s interest in open proceedings. The movant
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may file the [motion/exhibit/document] under seal.”) The moving party should
expect that this proposed order will be filed on the public record; and
[E] be served on opposing counsel by email.
(2) Any motion to file a document ex parte must:
[A] set forth the factual basis for filing the document ex parte, why filing the
document with notice is not practicable, and citation to supporting authority;
[B] identify the filings associated with the document, if applicable;
[C] attach the principal document to be filed ex parte as an exhibit; and
[D] contain a proposed order authorizing the filing of the document ex parte, which
identifies the type of document to be filed ex parte and states the general basis for
the filing in such manner. (For example, “The Court grants the motion to file ex
parte at Docket __, as the Court finds that the movant’s interest in confidentiality
outweighs the public’s interest in open proceedings. Further, the movant has
justified the necessity of filing ex parte. The movant may file the
[motion/exhibit/document] ex parte.”) The moving party should expect that this
proposed order will be filed on the public record.
(3) If a motion to file under seal or ex parte is granted, the order authorizing the filing of
the document will be docketed on the public record, the principal documents may be
filed under seal or ex parte, and the docket number of the order authorizing the sealed
or ex parte filing must be identified in title of the filing as well as the Docket Text on
CM/ECF (for example, “Sealed Motion to Continue as Authorized by Court Order at
Docket __”).
(g) Motion for Reconsideration
(1) A court will ordinarily deny a motion for reconsideration absent a showing of one of
the following:
[A] manifest error of the law or fact;
[B] discovery of new material facts not previously available; or
[C] intervening change in the law
(2) A motion for reconsideration is limited to 5 pages, and must be filed and served:
[A] not later than 7 days after the entry of the order, for motions asserted under
subsection (1)(A); or
[B] within 14 days of the discovery or change in law, for motions asserted under
subsections (1)(B) or (1)(C).
(3) No response to a motion for reconsideration may be filed unless requested by the
court. Unless otherwise ordered, a response must be filed within 7 days of entry of the
order requesting a response and is limited to 5 pages.
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(4) No reply may be filed unless requested by the court. Unless otherwise ordered, a
reply must be filed within 7 days of the order requesting a reply and is limited to 5
pages.
(h) Conventional Filing for Registered CM/ECF Users
If an exhibit cannot be filed electronically, a party may file it conventionally as follows:
(1) A “Notice of Filing Conventional Materials” must be filed electronically in the case,
including a brief description of the materials.
(2) The filer must include a page in the appropriate place sequentially in the electronic
document to which the exhibit pertains, with a conspicuous notation in the middle of
the page “Exhibit (insert brief description of the exhibit) to be filed conventionally.”
(3) When an exhibit is filed conventionally, two copies of the exhibit must be delivered
to the clerk’s office. One copy will be retained in the clerk’s office and the other copy
will be forwarded to Chambers.
(i) Motion for Judicial Notice
Requests that the court take judicial notice pursuant to Federal Rule of Evidence 201
must be made in a separate motion.
(j) Motion to Submit Documents for In Camera Review (seeking to provide a
document for review only by the presiding judge)
(1) Except as otherwise specifically provided by statute, court rule, case law, or
published policy and procedures, a document must not be submitted to the court for in
camera review without first obtaining leave of the court.
(2) A motion to submit a document in camera may be filed under seal without prior
court order and shall be supported by a declaration or affidavit that is separately
docketed and filed under seal that must:
(A) identify the document(s) proposed to be reviewed in camera; and
(B) state the basis for in camera review.
(3) If granted, all documents that are submitted in camera shall, within 7 days, be filed
via CM/ECF using the “Ex Parte Document” event. A courtesy copy also shall be
delivered to the presiding judge’s chambers in a sealed envelope conspicuously
marked “Submitted In Camera” and containing the following information on the
envelope:
(A) the case caption and case number; and
(B) the name of the presiding judge.
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