Implications.
(a) A motion for a continuance of trial and any other pretrial motion filed after
arraignment, whether by the government or the defendant, shall include:
(1) a statement of whether or not any delay occasioned by the making, hearing or
granting of that motion will constitute, in whole or in part, excludable time as
defined by 18 U.S.C. § 3161(h), and, if so, a statement or estimation of the
number of days to be excluded or a statement describing how excludable time
should be determined by reference to a specified future event; and
(2) a proposed form of order that, if adopted, will state fully and with particularity the
reasons for granting the motion and that states with particularity the proposed
findings of the court as to excludable time.
(b) A party opposing a motion shall file, with the responsive brief to the substance of the
motion, its agreement with or opposition to the statements or estimations of the
moving party made pursuant to subsection (a).
(c) Briefs in support of and in opposition to a motion for a continuance of trial shall be filed
as follows:
(1) A party filing a motion for a continuance of trial shall file a supporting brief at the
time the motion is filed. A brief shall not be required in support of a motion for
a continuance trial if the reasons for the request, specifically the grounds in
support of a finding that the ends of justice served by the granting of a
continuance outweigh the best interests of the public and the defendant in a
speedy trial, are fully stated in the motion.
(2) A party opposing a motion for a continuance of trial shall file a brief in opposition
to the motion within seven (7) days after service of the motion. No further briefs
may be filed without leave of court.
(3) A party who does not file a brief in opposition to a motion shall be deemed not
to oppose the motion.
(d) This rule shall not apply to any motion to be heard ex parte.
