Motions

U.S. District Court for the Eastern District of Kentucky

Rule Set: Local Rules of the U.S. District Court for the Eastern District of Kentucky

Rule: 47.1

Jurisdiction: EDKY

Bluebook Citation: E.D. Ky. L.R. 47.1

(a) Generally. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it. (b) Motions for an Extension of Time. Extensions of time in criminal actions will be granted only if the party seeking the extension files a motion demonstrating good cause.

Extensions of time by agreement of the parties are not valid in criminal cases. A response opposing a motion for an extension of time must be filed within 7 days of service of the motion. Time for Filing Motions. Unless a different time is fixed by statute or the Federal Rules of Criminal Procedure, motions must be filed within the time period ordered by the Court.

(c) 8 (d) (e) (f) (g) (h) (i) Time for Filing Responses and Replies. Unless otherwise ordered by the Court, a party opposing a motion must file a response within 14 days of service of the motion. Failure to timely respond to a motion may be grounds for granting the motion. A party may file a reply within 14 days of service of the response.

Page Limitations. Motions and responses may not exceed 25 pages without leave of Court. Replies may not exceed 10 pages without leave of Court. Proposed Order.

A party filing a motion must also file a separate proposed order. Any proposed order imposing sanctions must be provided separately from a proposed order pertaining to any other matter. Hearings or Oral Arguments on Motions. A party may request a hearing or oral argument in a motion, response, or reply.

Submission to the Court. A motion is submitted to the Court for decision after the completion of the hearing or oral argument – or if none – after the reply is filed, or the time for filing the response or reply has expired. Copies of Cited Authority. If a motion, response, or reply contains a citation to any authority not available electronically, a copy of the authority must be attached.

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