Motions
U.S. District Court for the Southern District of Georgia
(a) Timing of Motions and Responses. (1) All pretrial motions described in Federal Rule of Criminal Procedure 12(b)(3) shall be filed within 14 days from arraignment. Responses to such motions shall be filed within 14 days of the last day for filing motions. In a multi-Defendant case, the Government’s deadline to respond to all motions is 14 days from the latest Defendant’s motions deadline.
(2) For all other pretrial motions, responses shall be filed within 7 days of the filing, or as soon as possible if the motion requests relief sooner than 7 days. (b) Page Limits. No brief shall exceed 26 pages, excluding any certificate of service. Page numbering starts from the first page regardless of its nature.
(c) Failure to Respond to a Motion. Failure to respond timely to a motion may result in the Court granting the motion without any further notice. (d) Combined Responses. A party responding to 2 or more motions may file a combined response.
(e) Legal Authority. Every motion must specify the statute, rule, or legal principle at issue. (f) Factual Assertions. Every factual assertion in a motion or brief shall be supported by citation to the record or exhibits attached to the motion.
(g) Proposed Orders. All motions requesting ministerial relief must be accompanied by a proposed order. (h) Requests for Oral Argument. Any request for oral argument or evidentiary hearing on a motion shall be made in a separate motion, stating the reasons for the request and estimating the time required.
(i) Motions Hearings. Prior to any hearing on a motion, a party shall provide the Court and opposing counsel with a written list of all proposed witnesses and exhibits. (j) Motions to Continue. A motion to continue a filing deadline, hearing, or trial (and the accompanying proposed order) shall state facts demonstrating the ends of justice served by a continuance 20 outweigh the best interests of the public and Defendant in a speedy trial or provide some other reason the continuance will not violate the Speedy Trial Act.
The motion should also state whether the opposing party consents. Any response shall be filed within 7 days, or as soon as possible if the filing deadline, hearing, or trial will occur earlier than 7 days. 21
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