(a) Briefing Schedule. Motions are decided without oral argument unless scheduled
by the Court. Parties may make a written request for oral argument or hearing, which is subject
to the discretion of the presiding judge.
The opposing party must file and serve its opposition papers no more than TWENTY-
ONE (21) DAYS after service of the motion, unless otherwise ordered by the Court. The
moving party must file and serve its reply papers, if any, which may not exceed (10) pages in
length, no more than SEVEN (7) DAYS after service of the response papers, unless otherwise
ordered by the Court. A sur-reply is not permitted. The moving party must specifically articulate
the relief requested and must set forth a factual basis which, if proven true, would entitle the
moving party to the requested relief.
In addition, no party shall file or serve a memorandum of law which exceeds twenty-five
(25) pages in length, unless the party obtains permission from the Court to do so prior to filing.
All memoranda of law exceeding five (5) pages shall contain a table of contents and, wherever
possible, parallel citations. A separate memorandum of law is unnecessary when the case law
may be concisely cited (i.e., several paragraphs) in the body of the motion.
(b) The Court shall not hear a motion to compel discovery unless the attorney for the
moving party files with the Court, simultaneously with the filing of the moving papers, a notice
stating that the moving party has conferred and discussed in detail with the opposing party the
issues between them in a good faith effort to eliminate or reduce the area of controversy and to
arrive at a mutually satisfactory resolution.
(c) All motions and other papers filed in a criminal action or proceeding shall show
on the first page beneath the file number which, if any, of the speedy trial exclusions under 18
U.S.C. § 3161 are applicable to the action sought or opposed by the motion or other paper and
the amount of resulting excludable time.
(d) Adjournment of motions shall be in the Court’s discretion. Any party seeking an
adjournment from the Court shall first contact the opposing attorney. A party shall make any
application for an adjournment of a motion in writing and shall set forth the reason for requesting
the adjournment.
(e) If the parties agree that a suppression hearing is necessary and the papers conform
to the requirements of L.R. Cr. P. 12.1(a), the Court will make a determination as to whether a
hearing is necessary, and, if so, set the matter for a hearing. If the government contests whether
the Court should conduct a hearing, the defendant must accompany the motion with an affidavit,
based upon personal knowledge, setting forth facts which, if proven true, would entitle the
defendant to relief.
(f) An affidavit of counsel is not required when filing motions in criminal cases. A
certificate of service is required for all non-Electronic Case Filers (“non-ECF filers”).
(g) All papers filed in criminal cases shall comply with the guidelines established in
L.R. Cr. P. 49.1 regarding personal privacy protection.
(h) Motion for Reconsideration. A motion for reconsideration of a Court Order
shall be filed within fourteen (14) days of the date of the decision. The motion shall be
accompanied by a memorandum of law setting forth concisely the matters or controlling
decisions that the party believes the Court has overlooked or misapplied.
