W.D.N.Y. Loc. R. Crim. P. 12

Unless otherwise ordered by the District Judge to whom a criminal case is assigned, the

following procedures shall apply to criminal indictments and informations:

(a) Initial Schedule. After providing the attorneys for the government and all defendants the

opportunity to be heard, either at arraignment or at a date set at the arraignment, the Court

shall issue an order providing:

(1) deadlines and terms and conditions for discovery between the government and the

defendants;

(2) deadlines for filing motions; and

(3) such other matters as the Court deems appropriate in the exercise of its discretion

and supervisory powers.

(b) Briefing Schedules.

(1) Court Order. After a motion is filed, the Court may issue an order setting

deadlines for filing and service of opposing papers, and for filing and service of

reply papers, if the moving party has stated an intent to reply.

(2) Absent Court Order. If the Court does not set deadlines by order, the opposing

party shall have fourteen (14) days after service of the motion to file and serve

responding papers, and the moving party shall have seven (7) days after service of

the responding papers to file and serve reply papers.

(c) Page Limits. Memoranda in support of or in opposition to any motion shall not exceed

twenty-five (25) pages in length, and reply memoranda shall not exceed ten (10) pages in

length. A party seeking to exceed the page limit must make application by letter to the

Judge hearing the motion, with copies to all counsel, at least seven (7) days before the date

on which the memorandum must be filed.

(d) Sur-Reply. Absent permission of the Judge hearing the motion, sur-reply papers are not

permitted.

(e) Oral Argument. The parties shall appear for oral argument on all motions they make

returnable before a Judge on the scheduled return date for the motion. In its discretion,

the Court may notify the parties that oral argument shall not be heard on a given motion.

Thus, the parties should be prepared to have their motion papers serve as the sole method

of argument.

(f) Motion for an Expedited Hearing. A party seeking to shorten the schedule prescribed in

subparagraph (b) must make a separate motion for an expedited hearing, setting forth the

reasons why an expedited hearing is required. The motion must be accompanied by:

(1) the motion the party is seeking to have heard on an expedited basis, together with

supporting affidavits and memorandum of law; and

(2) a proposed order granting an expedited hearing, with dates for serving the motion,

filing responsive papers, and for a hearing left blank to be filled in by the Court.

A motion for an expedited hearing may, for good cause shown, be made ex parte. Papers

in support of an ex parte application shall state the attempts made to resolve the dispute

through a motion on notice and/or state why notice of the motion may not be given.

Immediately after filing the motion for an expedited hearing (and accompanying

documents), counsel for the moving party shall personally deliver courtesy copies of the

motion papers to chambers and await further instructions from the Court. If the moving

party is represented by out-of-town counsel who is unable to personally deliver courtesy

copies, counsel shall contact chambers by telephone to request a waiver of this

requirement.

(g) Adjournments. Except as provided in subparagraph (h), any application to adjourn a

motion shall be made to the Judge who will hear the motion. The attorney seeking the

adjournment must:

(1) confer with all other parties before approaching the courtroom deputy to

determine, if possible, a new date agreeable to all parties; and

(2) place the reason for the adjournment on the record, either in open Court or in

writing, so that the Court may make findings as may be required by the Speedy

Trial Act of 1974, 18 U.S.C. §§ 3161-3174.

(h) Pro Se Litigants. Requests for adjournments by pro se litigants must be made by letter to

the Court, with copies to all counsel in the case.

(i) Ex Parte Applications, Generally. Good cause shall be shown for the making of any

application ex parte. The papers in support of such application shall state attempts made

to resolve the dispute through a motion on notice and/or state why notice of the

application for relief may not be given.