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S.D.N.Y. Local Criminal Rule 49.1

Motion Deadlines and Reconsideration Motions

activein force · 2026-01-02 – presentact-effective-date

(a) Deadlines. Unless otherwise provided by statute or rule, or unless ordered

otherwise by the court in a judge’s individual practices or in a direction in a

particular case, the following dates will govern deadlines for motions filed in a

criminal case:

(1) Any opposing papers must be filed within 14 days after service of the motion

papers.

(2) Any reply papers must be filed within seven days after service of the

opposing papers.

(b) Motions for Reconsideration. A motion for reconsideration of a court order

determining a motion must be filed within 14 days after the court’s determination

of the original motion. A memorandum, no longer than 10 pages in length, setting

forth concisely the matters or controlling decisions that counsel believes the court

has overlooked must accompany the motion. Answering and reply memoranda, if

any, must be no longer than 10 and five pages in length, respectively.

(c) Service. Service of motion papers under this rule must be accomplished consistent

with Fed. R. Crim. P. 49.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.

History

PRE-2024 COMMITTEE NOTE This rule, former Local Criminal Rule 12.1, was renumbered to associate it with the Fed. R. Crim. P. 49. The phrase “filed and” was added to the text of subparts (a)-(c). Former subpart (d), relating to computation of time, was deleted as duplicative of Local Criminal Rule 45.1. A new subpart (d) was added to provide guidance regarding motions for reconsideration in criminal cases. 2024 COMMITTEE NOTE The local criminal rule was reorganized for clarity and the title was updated. This rule has been amended to remove references to service of papers in light of the 2018 amendments to Fed. R. Crim. P. 49, which comprehensively deal with the service of papers. In addition, page limits were added for such motions.

Provenance

Source
www.nysd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
06fc955acea147406e857df3ee83d0a1dfe7520143efafc9496892c231bb730e
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