Rule · Federal Rules of Criminal Procedure

Fed. R. Crim. P. 47 — Motions and Supporting Affidavits

Fed. R. Crim. P. 47

Type
Rule
Source
Federal Rules of Criminal Procedure
Jurisdiction
Federal
Date
2026-10-22
Current through
Nov 10, 2026 (Office of the Law Revision Counsel)

(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.

Citator

Fed. R. Crim. P. 47 — Motions and Supporting Affidavits is in force in the current edition of the Code, and nothing recorded condemns it.

(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 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 hearing, unless the court permits later service.