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S.D. W. Va. LR Cr P 12.1

Pretrial Motions

activein force · 2026-09-19 – presentact-effective-date

(a) Date for Filing Pretrial Motions in Lieu of Standard Request for Discovery.

If a defendant does not elect to use the standard request for discovery, the magistrate judge shall, at arraignment, set a date 14 days prior to the pretrial motions hearing date for filing defendant=s pretrial motions.

(b) Date for Filing Pretrial Motions in Addition to Standard Request for Discovery.

If defendant elects to use the standard request for discovery, defendant must file any additional pretrial motions (i.e., non-discovery) by the date established in the Arraignment Order and Standard Discovery Request Form available from the clerk and on the court's website.

(c) Time for Response to Pretrial Motions.

The government has 7 days to respond to motions filed by defendant under paragraphs (a) and (b) of this rule.

(d) Pretrial Hearing.

The pretrial hearing will be held at least 14 days prior to trial, unless otherwise ordered by the court sua sponte or on motion for good cause. If the parties agree a hearing is not necessary, they must inform the district judge immediately. If the pretrial hearing requires the taking of evidence, the parties must notify the district judge in advance.

(e) Courtroom Technology.

If any courtroom technology is required, counsel must request any such technology for use at trial or other proceeding and make a certification that the court=s technology staff has been notified. The certification regarding such notification shall be filed with the clerk no later than 7 days before the scheduled commencement of the trial or other proceeding.

Related Forms:

Notice of Certification for Use of Courtroom Technology

Provenance

Source
www.wvsd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
5e074969eae947149f570b83e45e783a1915dcc4a26f7deb94142ed2741e7c13
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