LCrR 47.1 Motion
Unless otherwise directed by the presiding judge,
motion practice is controlled by subsection (h) of this rule. In
addition, the parties must comply with the following:
- Conference. Before filing a motion,
an attorney for the moving party must confer with an attorney
for each party affected by the requested relief to determine whether
the motion is opposed. Conferences are not required for motions
to dismiss the entire action or indictment, or when a conference
is not possible.
- Certificate of Conference.
- Each motion for which a conference is required
must include a certificate of conference indicating that the
motion is unopposed or opposed.
- If a motion is opposed, the certificate must
state that a conference was held, indicate the date of conference
and the identities of the attorneys conferring, and explain
why agreement could not be reached.
- If a conference was not held, the certificate
must explain why it was not possible to confer, in which event
the motion will be presumed to be opposed.
- Proposed Order. An unopposed motion
must be accompanied by an agreed proposed order, signed by the
attorneys or parties. An opposed motion that is submitted on paper must be accompanied by
a proposed order, set forth on a separate document, unless an order is not required by subsection
(h) of this rule.
- Brief. An opposed motion must
be accompanied by a brief that sets forth the moving party's contentions
of fact and/or law, and argument and authorities, unless a brief
is not required by subsection (h) of this rule. A response to
an opposed motion must be accompanied by a brief that sets forth
the responding party's contentions of fact and/or law, and argument
and authorities. A responding party is not required to file a
brief in opposition to a motion for which a brief is not required
by subsection (h) of this rule.
- Time for Response and Brief. A
response and brief to an opposed motion must be filed within 14
days from the date the motion is filed.
- Reply Brief. Reply briefs may
not be filed unless the moving party requests, and the presiding
judge grants, leave to do so. If leave is granted, the reply brief
shall be filed no later than the deadline set by the presiding
- No Oral Argument. Unless otherwise
directed by the presiding judge, oral argument on a motion will
not be held.
- Uniform Requirements on Motion Practice.
|B - Brief required
(not required with agreed motion)
C - Certificate of conference required
O - Order required
|CHANGE OF VENUE
|JUDGMENT OF ACQUITTAL
|LEAVE TO FILE
|NOTE: If a motion is
not listed, a brief, certificate of conference, and an order
- General Form.
A brief must be printed, typewritten, or presented in some other
- Amicus Briefs. An amicus brief
may not be filed without leave of the presiding judge. The brief
must specifically set forth the interest of the amicus curiae
in the outcome of the litigation.
- Length. A brief must not exceed
25 pages (excluding the table of contents and table of authorities).
A reply brief must not exceed 10 pages. Permission to file a brief
in excess of these page limitations will be granted by the presiding
judge only for extraordinary and compelling reasons.
- Tables of Contents and Authorities. A
brief in excess of 10 pages must contain:
- a table of contents with page references; and
- an alphabetically arranged table of cases,
statutes, and other authorities cited, with page references
to the location of all citations.
of Informal Leave of Court
When a presiding judge informally grants leave, such
as an extension of time to file a response, an attorney for the
party to whom leave is granted must file a document confirming the
leave and must serve the document on all other parties.
LCrR 49.1 Filing Criminal
When a criminal case is filed, the United States must also submit, for each defendant, a completed criminal-case cover sheet, in the approved form.
LCrR 49.2 Filing and Serving Pleadings,
Motions, or Other Papers
- Filing with the Clerk.
Except for discovery material, a pleading, motion, or other paper that the Federal Rules
of Criminal Procedure permit or require to be filed, that is submitted on paper, must be filed with the clerk's office for the appropriate
division. Such pleading, motion, or other paper must not be
sent directly to the presiding judge.
- Original and Judge's Copy Required. An original and one judge's copy of each pleading, motion, or other paper that is submitted on paper must be filed with the clerk. If a pleading, motion, or other paper is filed by electronic means, the judge's copy must be submitted following procedures set forth in the ECF Administrative Procedures Manual.
- Document Containing More Than One Pleading,
Motion, or Other Paper. Except for a proposed order,
a document may contain more than one pleading, motion, or other
paper. Any such document must clearly identify in the title each
included pleading, motion, or other paper.
- Certificate of Service. All pleadings, motions,
notices, and similar papers that Fed. R. Crim. P. 49 or a court
order requires or permits be served must contain a certificate
- Serving by Electronic Means. Delivery of the notice of electronic filing that is automatically generated by ECF constitutes service under Fed. R. Crim. P. 49(b) on each party who is a registered user of ECF.
- Electronic Filing Required. Unless the presiding judge otherwise directs, an attorney—other than a prisoner pro se party—must file any pleading (except an indictment or information), motion, or other paper by electronic means, subject to the restrictions and requirements of the ECF Administrative Procedures Manual. A party may, for cause, move to be excused from the requirement of electronic filing.
- Registration as an ECF User Required. Unless excused for cause, an attorney—other than a prisoner pro se party—must register as an ECF user within 14 days of the date the attorney appears in a case, following the registration procedures set forth in the ECF Administrative Procedures Manual.
LCrR 49.3 Required Form
In addition to the requirements of the
Federal Rules of Criminal Procedure, each pleading, motion, or other
LCrR 49.4 Notice of Orders
- contain on its face a title clearly identifying
each included pleading, motion, or other paper;
- contain a signature block that sets forth the attorney's
bar number for the jurisdiction in which the attorney is admitted
to practice, and a facsimile number and e-mail address where information may be sent
to the attorney;
- use a page size of 8 1/2 x 11 inches;
- be typed, printed, or legibly handwritten on numbered
- when submitted on paper, unless otherwise provided by the local criminal
rules or order of the presiding judge, be two-hole punched at the top and either stapled in the
upper, left-hand corner or secured with a durable fastener at
- Furnishing Copies of Orders and Judgments. Unless the presiding judge otherwise directs, the clerk
shall furnish a copy of each order and judgment to counsel of
record by first class mail or, where the clerk has the capability
to do so, by electronic transmission. To receive orders and judgments
by electronic transmission, the attorney of record must sign an
agreement form provided by the clerk, and must comply with the
applicable procedures established by the clerk. Where a party
is represented by more than one attorney of record, the attorney
designated in accordance with LCrR 49.4 (b) or (c) shall receive
copies of orders and judgments and distribute them to co-counsel
for the same party who have not received a notice of electronic filing from ECF.
- Designation of Counsel to Receive Orders
and Judgments. The clerk shall designate an attorney
to receive copies of orders and judgments, in the following manner:
- the first attorney to sign an indictment; and
- the attorney appointed or retained to represent
a defendant, or, when a defendant is represented by more than
one attorney, the attorney who appears to be acting as lead
- Change in Designation of Counsel. If
the attorney designated to receive orders and judgments desires
that another attorney be substituted for this purpose, the attorney
must request substitution in the manner prescribed by the clerk.
LCrR 49.5 Electronic Signature.
- What Constitutes Electronic Signature. The signature of an attorney who submits a pleading, motion, or other paper for filing by electronic means is the login and password issued to the attorney by the clerk.
- Requirements for Electronic Signature. An attorney who submits a document for filing by electronic means must place on the document an “s/” and the typed name of the attorney, or a graphical signature, in the space where the attorney’s signature would have appeared had the document been submitted on paper.
- Certification of Signature of Another Person. By submitting a document by electronic means and representing the consent of another person on the document, an attorney who submits the document certifies that the document has been properly signed.
- Requirements for Another Person’s Electronic Signature. An attorney who submits a document by electronic means that is signed by another person—other than a charging document or a document signed by a defendant—must:
- include a scanned image of the other person’s signature, or represent the consent of the other person in a manner permitted or required by the presiding judge; and
- maintain the signed paper copy of the document for one year after final disposition of the case.
LCrR 49.6 Requirement of Paper Copies of Certain Electronically-Filed Documents.
When a charging document—including a complaint, information, indictment, or superseding indictment—or any document signed by a criminal defendant is submitted by electronic means, the attorney who submitted the document must deliver an original, signed paper document to the clerk within 7 days.
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