Federal Rules of Criminal Procedure - Rule 47. Motions and Supporting Affidavits: Difference between revisions
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See [[Federal Rules of Criminal Procedure]] | See [[Federal Rules of Criminal Procedure]] |
Latest revision as of 16:05, 11 March 2011
(a) In General.
A party applying to the court for an order must do so by motion.
(b) Form and Content of a Motion.
A motion -- except when made during a trial or hearing -- must be in writing, unless the court permits the party to make the motion by other means. A motion must state the grounds on which it is based and the relief or order sought. A motion may be supported by affidavit.
(c) Timing of a Motion.
A party must serve a written motion -- other than one that the court may hear ex parte -- and any hearing notice at least 5 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application.
(d) Affidavit Supporting a Motion.
The moving party must serve any supporting affidavit with the motion. A responding party must serve any opposing affidavit at least one day before the hearing, unless the court permits later service.