Local Criminal Rule 12.1 — Motions and Other Papers (amended January 1, 2024)
A published court requirement that applies in New York. Category: Local Rules. Effective January 1, 2026. Verified against the official source (N.D.N.Y. — Local Rules (U.S. District Court, Northern District of New York)) on November 3, 2026.
Summary
Local Criminal Rule 12.1 — Motions and Other Papers (amended January 1, 2024): the court's own rule, verbatim from the Local Rules of Practice, United States District Court for the Northern District of New York, effective January 1, 2026 (official PDF, sha-custodied). Court-level requirement: applies in every case before the U.S. District Court for the Northern District of New York as its section states (Section XI, Criminal Procedure), alongside the federal rules and any judge-specific procedures.
Requirement
(a) Briefing Schedule. Motions are decided without oral argument unless scheduled by the Court. Parties may make a written request for oral argument or hearing, which is subject to the discretion of the presiding judge. The opposing party must file and serve its opposition papers no more than TWENTY- ONE (21) DAYS after service of the motion, unless otherwise ordered by the Court. The moving party must file and serve its reply papers, if any, which may not exceed (10) pages in length, no more than SEVEN (7) DAYS after service of the response papers, unless otherwise ordered by the Court. A sur-reply is not permitted. The moving party must specifically articulate the relief requested and must set forth a factual basis which, if proven true, would entitle the moving party to the requested relief. In addition, no party shall file or serve a memorandum of law which exceeds twenty-five (25) pages in length, unless the party obtains permission from the Court to do so prior to filing. All memoranda of law exceeding five (5) pages shall contain a table of contents and, wherever possible, parallel citations. A separate memorandum of law is unnecessary when the case law may be concisely cited (i.e., several paragraphs) in the body of the motion. (b) The Court shall not hear a motion to compel discovery unless the attorney for the moving party files with the Court, simultaneously with the filing of the moving papers, a notice stating that the moving party has conferred and discussed in detail with the opposing party the issues between them in a good faith effort to eliminate or reduce the area of controversy and to arrive at a mutually satisfactory resolution. (c) All motions and other papers filed in a criminal action or proceeding shall show on the first page beneath the file number which, if any, of the speedy trial exclusions under 18 U.S.C. § 3161 are applicable to the action sought or opposed by the motion or other paper and the amount of resulting excludable time. (d) Adjournment of motions shall be in the Court’s discretion. Any party seeking an adjournment from the Court shall first contact the opposing attorney. A party shall make any application for an adjournment of a motion in writing and shall set forth the reason for requesting the adjournment. (e) If the parties agree that a suppression hearing is necessary and the papers conform to the requirements of L.R. Cr. P. 12.1(a), the Court will make a determination as to whether a hearing is necessary, and, if so, set the matter for a hearing. If the government contests whether the Court should conduct a hearing, the defendant must accompany the motion with an affidavit, based upon personal knowledge, setting forth facts which, if proven true, would entitle the defendant to relief. (f) An affidavit of counsel is not required when filing motions in criminal cases. A certificate of service is required for all non-Electronic Case Filers (“non-ECF filers”). (g) All papers filed in criminal cases shall comply with the guidelines established in L.R. Cr. P. 49.1 regarding personal privacy protection. (h) Motion for Reconsideration. A motion for reconsideration of a Court Order shall be filed within fourteen (14) days of the date of the decision. The motion shall be accompanied by a memorandum of law setting forth concisely the matters or controlling decisions that the party believes the Court has overlooked or misapplied.
Source of truth
(a) Briefing Schedule. Motions are decided without oral argument unless scheduled by the Court. Parties may make a written request for oral argument or hearing, which is subject to the discretion of the presiding judge. The opposing party must file and serve its opposition paper
- Source health
- Healthy · checked November 14, 2026
- Effective date
- January 1, 2026
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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