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US · rules

D. Guam CRLR 12

Pleadings and Pretrial Motions

activein force · 2020-06-24 – presentact-effective-date

(a) Motion Deadline. At the arraignment or as soon afterward as practicable, the court shall

set a deadline for the parties to file pretrial motions, including discovery and in limine

motions, along with deadlines for the filing of responses and replies thereto. These dates

shall be strictly adhered to unless an extension of time is granted by the court upon good

cause shown.

(b) Extensions of Time. No continuance shall be granted merely on the stipulation of the

parties. If a party is unable to comply with the established schedule despite its diligence,

that party shall move for a reasonable extension of time, specifically setting forth the

basis for the requested extension. Such motion shall be made as soon as practicable but,

in any event, not later than the date upon which the act was to have been completed.

(c) Motions - Required Pleadings. Every motion shall be filed and served with a

memorandum in support thereof, affidavits, if appropriate, and copies of all documentary

evidence that the moving party intends to submit in support of the motion. Additionally,

all motions and each response or opposition thereto shall contain a statement whether an

evidentiary hearing is requested and 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.

(d) Non-dispositive Motions in Felony Cases. In felony cases, the magistrate judge shall

hear and determine any pretrial motion, including discovery motions, other than case-dispositive motions.

(e) Dispositive Motions in Felony Cases. All dispositive motions, such as a motion to

dismiss or quash an indictment or information, or to suppress evidence, shall be heard by

the district judge, unless specifically referred to the magistrate judge. In any dispositive

motion referred to the magistrate judge, the magistrate judge shall file a written report

and recommendation within 30 days after the hearing or after all the briefing is

completed, unless additional briefing is ordered or other circumstances warrant a delay of

such decision.

(f) Any party may appeal from any pretrial non-dispositive matter assigned to a magistrate

judge or file an objection to any portion of the magistrate judge’s report and

recommendation on dispositive pretrial matters. Such appeal or objection shall be filed

within fourteen (14) days after the filing of the magistrate judge’s written order or after

being served with a copy of the report and recommendation. A memorandum of points

and authorities or supporting memorandum must accompany the filing of the appeal or

objection, unless the district judge, in his or her discretion, permits a later filing of such

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memorandum. Any party in interest may file a response to the appeal or objection within

seven (7) days after having been served with a copy thereof. Only the assigned district

judge may alter these periods for filing an appeal or objection and response thereto. Oral

argument will not be scheduled unless ordered by the district judge.

(g) Each joinder to a motion shall specifically identify the particular motion(s) to which the

joinder applies and the basis for the defendant’s standing to raise or join in such motion,

where necessary.

Provenance

Source
www.gud.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
48ca81d9d0546089080915898e6d988790628685c87c034f6b0bf68c0695f1eb
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