AND MOTION PRACTICE
(A) Physical Requirements. Motions and other documents in criminal
proceedings, including attachments thereto, should be submitted in writing and are
subject to the format and filing requirements set forth in LRs 5.1, 5.2, 10.1, 11.1
and 15.1.
(B) Filing of Motions and Responses; Hearings. Motions filed in criminal
proceedings shall be filed with the clerk within fourteen (14) days after
arraignment. A magistrate judge may for good cause extend the filing time for one
fourteen (14)-day period. Motions requesting additional extensions of time must be
presented to the judge to whom the case is assigned. To avoid waiver, pretrial
matters must be raised within the time limits set forth in this rule. See Fed. R.
Crim. P. 12(f). A party=s failure to file a response to a motion within fourteen (14)
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days after being directed by the Court to do so shall indicate that the responding
party has no opposition to the motion. All provisions of LR 7.1, filing of Motions
and Responses: Hearings, except 7.1A (2) and 7.1B, are fully applicable to motions
filed in criminal proceedings. In multiple defendant cases, defense counsel shall
serve other defense counsel and pro se defendants with copies of the motions filed.
(C) Motion to Adopt Co-Defendant's Motions. A defendant moving to adopt a
co-defendant's motion or motions, including pretrial motions, must attach a copy of
each motion to be adopted to defendant's motion to adopt. The defendant's motion
must also state:
(1) The style and action number of the co-defendant's case;
(2) The title(s) of the specific motion(s) being adopted and the date on
which the motion(s) was (were) filed; and
(3) A statement regarding the defendant's standing to adopt the co-
defendant's motion(s).
The defendant shall not be required to file a memorandum of law citing
supporting authorities (see generally LR 7.1(A)) in support of defendant's motion
to adopt. Separate motions are required if motions of more than one (1) co-
defendant are being adopted. Defense counsel shall provide all other defense
counsel with a copy of defendant's Motion(s) to Adopt Co-Defendant's Motions,
but it shall not be necessary to attach a copy of each motion being adopted.
(D) Duty to Confer. Counsel for the moving party, or the moving party if the
party is not represented by counsel, is required to confer with opposing counsel
prior to the pretrial conference in a good faith effort to resolve by agreement
between them all motions that were filed.
(E) Determination of Motions
(1) Atlanta Division Cases. All motions in criminal actions in the
Atlanta Division shall be initially submitted to a magistrate judge who shall
conduct any required or necessary hearings. When permitted by law, the magistrate
judge shall issue a ruling thereon. When the magistrate judge is not authorized to
rule on the matter, the magistrate judge shall submit a report and recommendation
to the judge to whom the case is assigned.
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(2) Other Division Cases. Any motion in a criminal action pending in the
Gainesville, Newnan, or Rome Divisions may be assigned by the judge for the
division to a magistrate judge for any required or necessary hearing, ruling, report,
and recommendation. When such an assignment is made, the magistrate judge shall
proceed in accordance with the provisions of subsection (1).
