E.D. Cal. L.R. 430.1

(a) Motion Calendar. Each Judge and Magistrate Judge will maintain an

individual motion calendar. Information as to the times and dates for calling each motion

calendar may be obtained from the Clerk or the courtroom deputy clerk for the assigned

Judge or Magistrate Judge.

(b) Motion Procedures. Entries of pleas of guilty and motions to quash or

dismiss an information or indictment, to suppress evidence, to sever, and to discover the

identity of informants shall be heard by the assigned Judge. See L.R. 302(b)(1). All other

pretrial matters in criminal actions shall be heard by the Magistrate Judge, L.R. 302(b)(1),

unless the assigned Judge elects to hear some or all of such matters in individual actions.

See L.R. 302(d). Motions to be heard by the Magistrate Judge shall be filed separately

from those to be heard by the Judge. Motions and accompanying documents shall

conform to the requirements of the Federal Rules of Criminal Procedure and these Rules.

See, e.g., Fed. R. Crim. P. 47, 49; L.R. 130, 131, 132, 134.

(c) Pretrial Motions. Unless good cause is shown, all defenses, objections or

requests pursuant to Fed. R. Crim. P. 12, which are capable of determination without the

trial of the general issue, must be raised by pretrial motion and noticed for hearing on or

before the deadline set by the assigned Judge or Magistrate Judge for hearing all pretrial

motions. Pretrial motions shall be noticed in accordance with this rule.

(d) Notice. Except as the assigned Judge directs or these criminal local rules

require, all motions in criminal cases shall be filed, served and noticed in accordance with

this rule. This rule does not apply to motions during the course of trial or hearing, nor to

motions for bail review. See LR 429.

(e) Time. All criminal motions filed pursuant to this rule must be filed in writing

for hearing not less than 14 days after service of the motion or, if the Judge or Magistrate

Judge specially sets a date for hearing, not less than 14 days before the date specially

set. The time for filing may be shortened only with leave of Court for good cause shown.

(f) Opposition and Reply. Any opposition to a noticed motion shall be served

and filed within 7 days after the motion is filed. A responding party who has no opposition

to the granting of the motion shall serve and file a statement to that effect. Any reply shall

be served and filed not more than 4 days after the opposition is due. No party will be

entitled to be heard in opposition to a motion at oral argument if that party has not timely

filed an opposition to the motion. The time for filing an opposition or reply may be

shortened only with leave of Court for good cause shown.

(g) Calculation of Time Periods. The time periods fixed by this Rule shall

supersede the time periods for service of notices of motion, affidavits, and other

documents prescribed in Fed. R. Crim. P. 47.

(h) Evidentiary Hearings. If a party desires an evidentiary hearing, that

request must be stated specifically in the motion, along with an estimate of the time

required for the presentation of evidence and/or arguments. The reply brief shall contain

a re-estimate of the time or a statement that the original estimate is unchanged. Counsel

shall comply with L.R. 403 as to witnesses or parties requiring interpreter services.

(i) Motions for Reconsideration. Whenever any motion has been granted or

denied in whole or in part, and a subsequent motion for reconsideration is made upon the

same or any alleged different set of facts, see L.R. 303, it shall be the duty of counsel to

present to the Judge or Magistrate Judge to whom such subsequent motion is made an

affidavit or brief, as appropriate, setting forth the material facts and circumstances

surrounding each motion for which reconsideration is sought, including:

(1) when and to what Judge or Magistrate Judge the prior motion was

made;

(2) what ruling, decision or order was made thereon; and

(3) what new or different facts or circumstances are claimed to exist that

did not exist or were not shown upon such prior motion or what other grounds exist for

the motion.

(j) Appeal from Magistrate Judge's Rulings. An appeal from a final decision

of the Magistrate Judge shall be served and filed within fourteen (14) days after the date

of the decision. To the extent appropriate, the brief supporting the appeal shall contain

the information prescribed in (i).