Rule 47 — Motions and Supporting Affidavits

Fed. R. Crim. P. 47

• Source: Federal Rules of Criminal Procedure
• Rule: 47
• TITLE IX: GENERAL PROVISIONS
• Citation: Fed. R. Crim. P. 47

Text

(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 per-
mits 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 7 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 hear-
ing, unless the court permits later service.

Advisory Committee Notes

(As amended Apr. 29, 2002, eff. Dec. 1, 2002; Mar. 26, 2009, eff. Dec. 1, 2009.)