US · rules
N.D. Cal. Crim. L.R. 47-2
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 hearing not
less than 14 days after service of the motion or, if the Judge specially sets a date for
hearing, not less than 14 days before the date specially set. This rule does not apply to
motions during the course of trial or hearing.
(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.
Provenance
- Source
- cand.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
11e325f1846d6dc0e18c8416b5cc830051839424dee9195767f01e45b1d3d580
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