E.D.N.C. Local Criminal Rule 47.1

(a) General Requirements.

All motions shall be concise and shall state precisely the relief requested.

Motions shall conform to the general motions requirements, standards, and

practices set forth in the applicable Federal Rules of Criminal Procedure

and in Local Criminal Rule 47.3. Time for the filing of pretrial motions in

criminal cases is governed by Local Criminal Rule 12.1.

(b) Supporting Memoranda.

Except for motions which the clerk may grant as specified in Local Criminal

Rule 56.1, all motions made other than in a hearing or trial shall be filed

with an accompanying supporting memorandum in the manner prescribed

by Local Criminal Rule 47.2(a). Where appropriate, motions shall be

accompanied by affidavits or other supporting documents.

(c) Responses to Motions.

Any party may file a written response to any motion. A response shall be

in the form of a memorandum in the manner prescribed by Local Criminal

Rule 47.2(a), and may be accompanied by, without limitation, affidavits and

other supporting documents. Responses and accompanying documents

shall be filed within 14 days after service of the motion in question unless

otherwise ordered by the court or prescribed by the applicable Federal Rules

of Procedure.

(d) Subsequently Decided Controlling Authority.

A suggestion of subsequently decided controlling authority, without

argument, may be filed at any time prior to the court’s ruling and shall

contain only the citation to the case relied upon, if the case is published, or

a copy of the opinion if the case is unpublished.

(e) Affidavits.

Ordinarily, affidavits will be made by witnesses themselves and not by

attorneys. However, affidavits may be made by an attorney for a person if

the sworn facts are known to the attorney or the attorney can swear to them

upon information and belief, and

(1) the facts relate solely to an uncontested matter; or

(2) the facts relate solely to a matter of formality and there is no reason

to believe that substantial evidence will be offered in opposition to

the facts; or

(3) the facts relate solely to the nature and value of the legal services

rendered for the person by the attorney or the attorney’s law firm; or

(4) the refusal to accept the affidavit would work a substantial hardship

on the person and the court finds that its acceptance of the affidavit

would not be such as to require that the attorney or the attorney’s

law firm be disqualified from continuing to appear for the person.

(f) Hearings on Motions.

Hearings on motions may be ordered by the court in its discretion. Unless

so ordered, motions shall be determined without hearing.

(g) Frivolous or Delaying Motions.

Where the court finds that a motion is frivolous or filed for delay, costs

may be assessed against the person filing such motion or the person’s

attorney.

(h) Motions for an Extension of Time to Perform an Act.

(1) Each motion for an extension of time to perform an act required or

allowed to be done within a specified time must show good cause.

The motion must also show that the movant has in good faith

conferred or attempted to confer with all parties and nonparties

whose interests are directly affected by the motion, including

unrepresented parties and nonparties but excluding incarcerated

unrepresented parties and nonparties. The motion must identify the

views of each party or nonparty consulted, as well as the efforts to

consult with any parties and nonparties who did not respond. The

motion must be accompanied by a separate proposed order granting

the motion.

(2) Except as ordered by the court, designated secured leave under Rule

26 of the General Rules of Practice for the Superior and District

Courts of the State of North Carolina shall not be the sole basis for

an extension of time or continuance.

(i) Motion Practice in Proceedings Seeking Relief Under 28 U.S.C. §

2255.

Local Civil Rule 7.1 and 7.2 shall govern motion practice in a proceeding

seeking relief under 28 U.S.C. § 2255.