Noticed Motion in a Criminal Case (a) Time. Except as the assigned Judge directs or these criminal local rules require, all motions in criminal cases shall be filed, served and noticed in writing for

U.S. District Court for the Northern District of California

Rule Set: Criminal Local Rules of the United States District Court for the Northern District of California

Rule: 47-2

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Crim. L.R. 47-2

All Rules: N.D. Cal. Criminal Local Rules, complete index


Text

(b) Format. Except as otherwise specifically provided, the format of motions shall comply with the requirements of Civil L.R. 7-2(b) and (c). Motions presenting issues of fact shall be supported by affidavits or declarations which shall comply with the requirements of Civil L.R. 7-5. (c) Time Under the Speedy Trial Act.

When filing any motion or papers concerning any matter to which an exclusion under 18 U.S.C. § 3161 may apply, the government shall indicate in a concluding paragraph entitled "Speedy Trial Act Implications," the number of days remaining before trial must commence as of the date the motion or paper is filed. If the defendant has any objection to the government’s calculation, the objection and the defendant’s calculation shall be stated in any response to the motion or papers. (d) Opposition or Reply. Any opposition to a noticed motion shall be served and filed not more than 7 days after the motion is filed.

Any reply shall be served and filed not more than 4 days after the opposition is due. Any opposition or reply shall comply with Civil L.R. 7-3(b), (c) and (d); 7-4 and 7-5, with respect to format and length unless otherwise ordered.

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