Federal Rules of Criminal Procedure - Rule 47. Motions and Supporting Affidavits

From Criminal Defense Wiki
Jump to navigationJump to search

(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.

See Federal Rules of Criminal Procedure