The Law Mind

Pretrial Motions: Duty to Address Speedy Trial Act Excludable Time

D.V.I. Rule 12.5

Implications (a) A motion for a continuance of trial or any other pretrial motion filed after arraignment that seeks to exclude time under the Speedy Trial Act (18 U.S.C. § 3161), whether by the United States or the defendant, shall include: (1) a statement of 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), and, if so, (i) a statement or estimation of the number of days to be excluded, or (ii) 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, states fully and with particularity (i) the reasons for granting the motion, and (ii) the proposed findings of the Court as to excludable time. (b) A party opposing a motion shall file, with the response 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) Memoranda 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 memorandum at the time the motion is filed. A memorandum shall not be required in support of a motion for a continuance of trial if the reasons for the request are fully stated in the motion. (2) A party opposing a motion for a continuance of trial shall file a memorandum in opposition to the motion within seven days after service of the motion, unless a shorter period is set by the Court. No further memoranda may be filed without leave of Court. Case: 3:25-mc-00003-RAM-GAT Document #: 10-2 Filed: 01/30/26 Page 4 of 10 (3) A party who does not file an 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.
Official source: https://www.vid.uscourts.gov/sites/vid/files/local_rules/DVI%20Local%20Criminal%20Revised% · retrieved 2026-07-23