(a) Form and Content. Every pretrial motion and any objection thereto shall comply with the
requirements of LR Cr 47 of these Local Rules.
(b) Discovery Motions.
(1) All motions for discovery shall specify exactly what the movant seeks.
(2) No motions seeking discovery shall be filed unless counsel first confers with
opposing counsel to determine if the information sought will be provided without the
need for the filing of a motion.
(3) Any motion for discovery shall bear a certification by counsel for the movant:
(A) that all counsel concerned have conferred in good faith and have been unable
to resolve the dispute(s); or
(B) that counsel for the movant has made a good faith attempt to confer with
opposing counsel but that opposing counsel has failed to respond.
(c) Duty to Address Speedy Trial Act.
(1) All motions shall address:
(A) the number of days remaining, as of the date of the filing of the motion, before
trial must begin pursuant to the Speedy Trial Act; and
(B) whether 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).
(2) Any party objecting to a motion shall include with the objection a statement as to
whether it agrees or disagrees with the moving party’s calculation under subsection
(c)(1) of this rule.
(3) A party that requests a continuance and contends that the resulting delay should be
excluded under 18 U.S.C. § 3161(h)(7) shall set forth reasons to support a finding that
the ends of justice served by the granting of a continuance outweigh the interests of
the public and the defendant in a speedy trial.
(d) Need for Evidentiary Hearing. All motions and objections shall contain a statement by
counsel as to whether oral argument and/or an evidentiary hearing is requested; and, if so, the
estimated time that will be required.
U.S. DISTRICT COURT RULES -- RULES APPLICABLE TO CRIMINAL PROCEEDINGS
(e) Speedy Trial Orders. Any order presented by counsel granting a motion for a continuance
and excluding the resulting delay from the calculation of time under the Speedy Trial Act
shall state the Court’s finding that the ends of justice served by the continuance outweigh the
interest of the public and the defendant in a speedy trial.
Effective 4/1/24: §(c) amended. Effective 12/1/19: §(b) deleted; §(c)-(f) redesignated as (b)-(e).
CROSS-REFERENCES
See LR Cr 47 (Motions and Others Papers).
See also 18 U.S.C. §§ 3161 et seq. (Speedy Trial Act).
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