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N.D. Ga. LCrR 12.1

Physical Requirements for Documents and Motion Practice

activein force · 2026-09-18 – presentact-effective-date

(A) Physical Requirements. Motions and other documents in criminal

proceedings, including attachments thereto, should be submitted in writing and are

subject to the format and filing requirements set forth in LRs 5.1, 5.2, 10.1, 11.1

and 15.1.

(B) Filing of Motions and Responses; Hearings. Motions filed in criminal

proceedings shall be filed with the clerk within fourteen (14) days after

arraignment. A magistrate judge may for good cause extend the filing time for one

fourteen (14)-day period. Motions requesting additional extensions of time must be

presented to the judge to whom the case is assigned. To avoid waiver, pretrial

matters must be raised within the time limits set forth in this rule. See Fed. R.

Crim. P. 12(f). A party=s failure to file a response to a motion within fourteen (14)

days after being directed by the Court to do so shall indicate that the responding

party has no opposition to the motion. All provisions of LR 7.1, filing of Motions

and Responses: Hearings, except 7.1A (2) and 7.1B, are fully applicable to motions

filed in criminal proceedings. In multiple defendant cases, defense counsel shall

serve other defense counsel and pro se defendants with copies of the motions filed.

(C) Motion to Adopt Co-Defendant's Motions. A defendant moving to adopt a

co-defendant's motion or motions, including pretrial motions, must attach a copy of

each motion to be adopted to defendant's motion to adopt. The defendant's motion

must also state:

(1) The style and action number of the co-defendant's case;

(2) The title(s) of the specific motion(s) being adopted and the date on

which the motion(s) was (were) filed; and

(3) A statement regarding the defendant's standing to adopt the co-defendant's motion(s).

The defendant shall not be required to file a memorandum of law citing

supporting authorities (see generally LR 7.1(A)) in support of defendant's motion

to adopt. Separate motions are required if motions of more than one (1) co-defendant are being adopted. Defense counsel shall provide all other defense

counsel with a copy of defendant's Motion(s) to Adopt Co-Defendant's Motions,

but it shall not be necessary to attach a copy of each motion being adopted.

(D) Duty to Confer. Counsel for the moving party, or the moving party if the

party is not represented by counsel, is required to confer with opposing counsel

prior to the pretrial conference in a good faith effort to resolve by agreement

between them all motions that were filed.

(E) Determination of Motions

(1) Atlanta Division Cases. All motions in criminal actions in the

Atlanta Division shall be initially submitted to a magistrate judge who shall

conduct any required or necessary hearings. When permitted by law, the magistrate

judge shall issue a ruling thereon. When the magistrate judge is not authorized to

rule on the matter, the magistrate judge shall submit a report and recommendation

to the judge to whom the case is assigned.

(2) Other Division Cases. Any motion in a criminal action pending in the

Gainesville, Newnan, or Rome Divisions may be assigned by the judge for the

division to a magistrate judge for any required or necessary hearing, ruling, report,

and recommendation. When such an assignment is made, the magistrate judge shall

proceed in accordance with the provisions of subsection (1).

Provenance

Source
www.gand.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
8544b396e30cee8f8babdc4070b4c7daaa32fddf5c81f12a2dc86885c85123fa
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