Unless otherwise ordered by the District Judge to whom a criminal case is assigned, the
following procedures shall apply to criminal indictments and informations:
(a) Initial Schedule. After providing the attorneys for the government and all defendants the
opportunity to be heard, either at arraignment or at a date set at the arraignment, the Court
shall issue an order providing:
(1) deadlines and terms and conditions for discovery between the government and the
defendants;
(2) deadlines for filing motions; and
(3) such other matters as the Court deems appropriate in the exercise of its discretion
and supervisory powers.
(b) Briefing Schedules.
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(1) Court Order. After a motion is filed, the Court may issue an order setting
deadlines for filing and service of opposing papers, and for filing and service of
reply papers, if the moving party has stated an intent to reply.
(2) Absent Court Order. If the Court does not set deadlines by order, the opposing
party shall have fourteen (14) days after service of the motion to file and serve
responding papers, and the moving party shall have seven (7) days after service of
the responding papers to file and serve reply papers.
(c) Page Limits. Memoranda in support of or in opposition to any motion shall not exceed
twenty-five (25) pages in length, and reply memoranda shall not exceed ten (10) pages in
length. A party seeking to exceed the page limit must make application by letter to the
Judge hearing the motion, with copies to all counsel, at least seven (7) days before the date
on which the memorandum must be filed.
(d) Sur-Reply. Absent permission of the Judge hearing the motion, sur-reply papers are not
permitted.
(e) Oral Argument. The parties shall appear for oral argument on all motions they make
returnable before a Judge on the scheduled return date for the motion. In its discretion,
the Court may notify the parties that oral argument shall not be heard on a given motion.
Thus, the parties should be prepared to have their motion papers serve as the sole method
of argument.
(f) Motion for an Expedited Hearing. A party seeking to shorten the schedule prescribed in
subparagraph (b) must make a separate motion for an expedited hearing, setting forth the
reasons why an expedited hearing is required. The motion must be accompanied by:
(1) the motion the party is seeking to have heard on an expedited basis, together with
supporting affidavits and memorandum of law; and
(2) a proposed order granting an expedited hearing, with dates for serving the motion,
filing responsive papers, and for a hearing left blank to be filled in by the Court.
A motion for an expedited hearing may, for good cause shown, be made ex parte. Papers
in support of an ex parte application shall state the attempts made to resolve the dispute
through a motion on notice and/or state why notice of the motion may not be given.
Immediately after filing the motion for an expedited hearing (and accompanying
documents), counsel for the moving party shall personally deliver courtesy copies of the
motion papers to chambers and await further instructions from the Court. If the moving
party is represented by out-of-town counsel who is unable to personally deliver courtesy
copies, counsel shall contact chambers by telephone to request a waiver of this
requirement.
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(g) Adjournments. Except as provided in subparagraph (h), any application to adjourn a
motion shall be made to the Judge who will hear the motion. The attorney seeking the
adjournment must:
(1) confer with all other parties before approaching the courtroom deputy to
determine, if possible, a new date agreeable to all parties; and
(2) place the reason for the adjournment on the record, either in open Court or in
writing, so that the Court may make findings as may be required by the Speedy
Trial Act of 1974, 18 U.S.C. §§ 3161-3174.
(h) Pro Se Litigants. Requests for adjournments by pro se litigants must be made by letter to
the Court, with copies to all counsel in the case.
(i) Ex Parte Applications, Generally. Good cause shall be shown for the making of any
application ex parte. The papers in support of such application shall state attempts made
to resolve the dispute through a motion on notice and/or state why notice of the
application for relief may not be given.
