D. Utah DUCrimR 12-1

(a) Motion and Supporting Memorandum.

(1) Motion and Memorandum. The motion and supporting memorandum

must be contained in one document, except as otherwise allowed by this

rule. The document must include the following:

(A) an initial section succinctly stating the precise relief sought and the

specific grounds for the motion; and

(B) one or more additional sections including a recitation of relevant

facts, supporting authority, and argument.

(2) Page Limits. There are no page limits for motions and memoranda.

(b) Response.

A response memorandum must be filed within 14 days after service of the

motion. There are no page limits for a response.

(c) Reply.

A reply memorandum may be filed at the discretion of the movant within 7 days

after service of the memorandum opposing the motion. A reply memorandum

must be limited to rebuttal of matters raised in the memorandum opposing the

motion. There are no page limitations for a reply memorandum.

(d) No Motion Within a Response or Reply.

A party may not make a motion in a response or reply. Any motion must be

separately filed.

(e) Supplemental Authority.

When pertinent and significant authority comes to the attention of a party before

the court has entered a decision on the motion, the party may promptly file a

Notice of Supplemental Authority, which may not exceed 2 pages.

(1) The notice must contain, without argument, the following:

(A) a reference either to the page of the memorandum or to a point

argued orally to which the supplemental authority pertains; and

(B) the reasons why the supplemental authority is relevant.

(2) The court may decide a motion without waiting for a response to the

notice. If the court has not ruled on the motion, a party may file a

response, which may not exceed 2 pages, within 7 days after service of the

notice.

(f) Unpublished Decisions.

The citation of unpublished decisions is governed by DUCivR 7-2.

(g) Limited Statement of Facts and Legal Authority.

No statement of facts and legal authority beyond the concise statement of the

relief requested and the grounds for the relief is required for the following

motions:

(1) to extend time for the performance of an act, whether required or

permitted, provided the motion is made prior to expiration of the time

originally prescribed or previously extended by the court;

(2) to continue a hearing; and

(3) to suppress evidence, unless the court directs otherwise.

(h) Failure to Comply.

Failure to comply with the requirements of this rule may result in sanctions that

may include terminating the motion and directing counsel to refile it in

accordance with the rule, denial of the motion, or other sanctions the court

deems appropriate.

(i) Failure to Respond.

Failure to timely respond to a motion may result in the court granting the motion

without any further notice.

(j) Hearings.

The court may, on its own or on a party’s request, schedule a hearing on the

motion. Otherwise, the court will decide the motion based on the written

memoranda.

(k) Motion to Suppress Evidence Requiring an Evidentiary Hearing.

(1) Unless the court orders otherwise, a motion to suppress evidence must

concisely state, without an accompanying legal brief, the following:

(A) the basis for standing;

(B) the evidence for which suppression is sought; and

(C) the legal grounds for the motion.

(2) Unless the court orders otherwise, a response by the government is not

required before the evidentiary hearing.

(3) At the conclusion of the evidentiary hearing, the court will provide a

reasonable time for all parties to respond to the issues of fact and law

raised in the motion and at the hearing.

(l) Proposed Order.

The court may request that a party prepare a proposed order. Unless the court

orders otherwise, the proposed order should be emailed in editable format (e.g.,

WordPerfect or MS Word) to the chambers email address of the judge deciding

the motion.

(m) Motions to Continue Under the Speedy Trial Act.

(1) A motion to continue under the Speedy Trial Act must state:

(A) the event and date that activated the time limits of the Speedy Trial

Act;

(B) the current trial date;

(C) whether previous motions for continuance have been made and

when, and the disposition of those motions;

(D) whether the delay resulting from the requested continuance is

excludable under the Speedy Trial Act, including citation to the

specific statutory provision;

(E) the specific reasons, supported by facts, for the continuance and

why the act or event cannot be completed or occur within the time

originally allotted. Specifically, if the motion seeks:

(i) an ends-of-justice continuance under 18 U.S.C.

§ 3161(h)(7)(A), the motion must address all relevant factors

under 18 U.S.C. § 3161(h)(7)(B) and include an explanation of

how those factors justify a continuance.

(ii) a continuance under 18 U.S.C. § 3161(h)(7)(B)(ii) because of

the complexity of the case, including voluminous discovery,

the motion must include specific facts explaining the

complexity.

(iii) a continuance under 18 U.S.C. § 3161(h)(7)(B)(iv) to

effectively prepare for trial, counsel must provide sufficient

facts to allow the court to determine whether counsel has

exercised due diligence, including a summary of what steps

counsel has taken to prepare for trial and what preparations

remain, consistent with counsel’s obligation to protect

privileges and trial strategy.

(iv) a continuance because other litigation presents a scheduling

conflict, the motion must:

(a) identify the case name, number and court;

(b) list the date of the scheduling conflict and identify the

conflicting event;

(c) explain why those conflicts preclude counsel from

adequately preparing for the trial;

(d) explain why another attorney cannot handle the trial

or the conflicting event; and

(e) include any other relevant circumstances.

(v) a continuance because of a personal hardship for counsel or

the client, the motion must include specific facts regarding

the nature of that hardship and when the hardship might be

resolved. The movant may file the motion under restriction

or seal consistent with General Order 24-004.3

(F) the period of continuance, the facts that justify the length of the

continuance, and other relief requested;

(G) whether the defendant has been notified of the requested

continuance;

(H) whether opposing counsel agrees with or objects to the requested

continuance; and

(I) the impact, if any, of the continuance on other scheduled deadlines.

(2) The motion must be accompanied by a proposed order. A form motion

and a proposed order can be found on the court’s website. The proposed

order, which must not differ in any respect from the relief requested in the

motion, must state the following:

(A) the deadline being extended;

(B) the proposed new deadline; and

(C) the findings required under the Speedy Trial Act.