(A) Applicability. This Rule governs a written communication with the court that is
intended to be an application for relief or other action by the court. Such
communications shall be presented by a motion in the form prescribed by this
Rule. The provisions of this Rule apply to all written motions filed in criminal
actions. Counsel are directed to the provisions of Fed. R. Crim. P. 12(b). When a
deadline falls on a Saturday, Sunday or legal holiday, the deadline shall be the
next business day.
Except as specified below, all motions must be accompanied by a “Certificate of
Conference.” The certificate should be placed at the end of the motion following
the certificate of service. The certificate must state that counsel has conferred
with opposing counsel in a good faith attempt to resolve the matter without court
intervention. Failure to file an accompanying certificate of conference may be
deemed sufficient grounds for denying the motion. Certificates of conference are
not required for any motion involving pro se litigants (prisoner or non-prisoner) or
for the following motions:
(1) motions to dismiss;
(2) motions in limine;
(3) motions for judgment of acquittal;
(4) motions to suppress;
(5) motions for new trial;
(6) any motion captioned as “joint”, “agreed” or “unopposed”;
(7) any motion permitted to be filed ex parte;
(8) motions for change of venue;
(9) applications for subpoenas under Fed. R. Crim. P. 17(b) or (c)(1);
(10) motions for a bill of particulars;
(11) motions relating to the selection of jurors.
(B) Motions. The original motion, response, rebuttal, supporting memorandum of
authorities, and any supporting exhibits shall be filed with the clerk of court where
the action is docketed. All motions, both dispositive and non-dispositive, shall be
filed within the time limits ordered by the magistrate judge. All affidavits and
other supporting documents and exhibits, excluding any memorandum of
authorities, shall be filed with the original motion. All supporting exhibits shall
be identified in the docket by both an exhibit letter or number and a meaningful
description. Supporting exhibits should not be identified in the docket solely by
exhibit letter or number. Further, all supporting exhibits cited in a pleading,
which are not already of record, shall be filed under the same docket entry as the
motion, response or rebuttal to which they relate. If such filing is not practicable,
supporting exhibits may be filed as separately docketed attachments properly
linked to the motion, response or rebuttal to which they relate.
Any memorandum of authorities shall be filed as a separate docket entry from the
motion or response to which it relates and shall not be made an exhibit to a
motion or response, except in the case of a motion for leave to submit the
referenced brief or memorandum of authorities.
Movant’s counsel shall submit to the appropriate judge’s chambers, via email, any
proposed order for a motion that may be heard ex parte, or is to be granted by
consent.
(C) Responses.
(1) Within eleven calendar days after a motion is filed, the opposing party
shall either respond to the motion or notify the court of its intent not to
respond. No response to a motion for post-conviction relief, including but
not limited to a motion filed pursuant to 28 U.S.C. § 2255, is required
unless directed by the court. For any motion other than a dispositive
motion or a motion for post-conviction relief, the court may grant the
motion as unopposed if a party fails to respond or provide notice of its
intent not to respond within the time allotted.
(2) The response to a motion, all opposing affidavits, and other supporting
documents shall be filed with the clerk of court at the division where the
action is docketed, and any response to a motion shall be filed in the same
manner as provided for the filing of motions in paragraph (B) of this Rule.
(D) Rebuttals. Any counsel who desires to file a rebuttal may do so within five
calendar days after the service of the response.
(E) Memoranda of Authorities. As a general rule, a supporting memorandum of
authorities is not required for any motion, response or rebuttal in which there is a
sufficient explanation of the relief requested and basis therefor within the body of
the motion. A supporting memorandum of authorities is discouraged with regard
to non-dispositive motions, applications, or motions that may be heard ex parte,
and motions involving necessitous or urgent matters. However, a memorandum
of authorities may be filed in support of any motion, response or rebuttal.
Counsel shall file any memorandum of authorities at the same time that a motion,
response or rebuttal is filed. No memorandum of authorities shall exceed 35
pages without prior leave of court.
(F) Notice and Hearings.
(1) All motions shall be decided by the court without evidentiary hearing or
oral argument unless otherwise ordered by the court on its own motion or,
in the court’s discretion, upon written request of counsel in an easily
discernible manner on the face of the motion or responsive pleading
regarding the need for a hearing or oral argument.
(2) The scheduling of an evidentiary hearing or oral argument, when allowed,
shall be set at such time and place as directed by the judge. The court
may, in its discretion, hear oral argument by video or telephone
conference.
(G) Service. Movant and respondent shall serve copies of all pleadings and any
supporting memorandum of authorities upon opposing counsel, except in
applications under Fed. R. Crim. P. 17(b) or (c)(1) by defendants for the issuance
of subpoenas for non-government witnesses or documents.
(H) Untimely Motions. Any motion filed beyond the motion deadline imposed by the
magistrate judge in a scheduling order may be denied because the motion is filed
untimely. Parties are encouraged to file all motions prior to the deadline.
