(a) Motions.
(1) Absent a Court order, all motions raising any issue described in Fed. R.
Crim. P. 12(b)(3) must be filed within fourteen (14) days after arraignment on
an indictment. Every motion must state the statute, rule, or legal or
equitable principle pursuant to which it is made and may be accompanied by
a supporting memorandum, affidavits, or other documents.
(2) Unless excused by the Court in an individual case, a motion to continue
the trial setting of a criminal case must state facts demonstrating that the
ends of justice served by a continuance outweigh the best interests of the
public and the Defendant in a speedy trial, see 18 U.S.C. § 3161(h)(7)(A), or
that for some other reason the continuance will not violate the Speedy Trial
Act. Unless excused by the Court in an individual case, if the Defendant is
the moving party, the motion must be accompanied by the Defendant’s
affidavit or declaration, see 28 U.S.C. § 1746, stating that the Defendant:
(A) Was advised by the defense attorney of the reasons for seeking a
continuance;
(B) Understands that the time requested in the extension may be excluded
from any calculation of time under the Speedy Trial Act, 18 U.S.C. §§ 3161-
3174; and
(C) With this understanding and knowledge, agrees to the filing of the
motion.
(3) Absent a Court order, the non-movant has seven (7) days from the date
the motion is served to file a memorandum or other materials in response to
any such motion.
(4) Absent a Court order, the movant has seven (7) days from the date the
response is served to file any reply.
(5) Any time between the arraignment and the date set by pretrial
scheduling order for filing pretrial motions must be deemed excluded from the
speedy trial deadline under 18 U.S.C. § 3161(h)(7)(B)(ii), upon a specific
finding and order by the Judge under 18 U.S.C. § 3161(h)(7)(A).
(b) Evidentiary Hearing. If a motion seeks an evidentiary hearing, the
movant must provide in the motion a short, plain statement of the principal
legal issue or issues at stake and specific grounds for relief in the motion and,
after a conference with the non-movant, provide a description of the material
disputed facts that the movant claims require an evidentiary hearing. The
movant also must provide an estimate of the time necessary for the hearing.
The non-movant may file a response opposing an evidentiary hearing within
seven (7) days after service of a movant’s motion seeking an evidentiary
hearing. The non-movant’s response must include a short, plain statement of
why that party believes that an evidentiary hearing is unnecessary.
