(a) Notice and Presentation. Except as provided in section (c) of this rule, LR 5.3 and LR 78.1 shall apply to motions filed in criminal cases and proceedings. 

(b) Briefing Motions. A contested motion shall be accompanied by a short, concise brief in support of the motion, together with citations of authority. An original and a copy of the motion and brief shall be filed. The clerk shall forward the copy to the judge unless otherwise ordered by the court. The opposing party shall file an answering brief within 14 days of receiving the supporting brief. The moving party may file a reply brief within 7 days of receipt of the answering brief. 

Failure to file a supporting or answering brief shall not be deemed a waiver of the motion or a withdrawal of opposition thereto, but the court on its own motion or that of a party may strike or grant the motion without further hearing. Failure to file reply brief within the requisite time shall be deemed a waiver of the right to file.
The court may by order excuse the filing of supporting, answering, or reply briefs, and may shorten or extend the time fixed by this rule filing briefs. 

Any party may on notice call the motion or matter to the attention of the court for a decision. When requested, oral argument may be allowed in the Court’s discretion. 

(c) Exceptions. The following motions are not subject to the provisions of section (a) of this rule: 

(1) Pretrial motions. Motions filed pursuant to LCR 12.1 are not subject to the requirements of this rule. 

(2) Ex Parte Motions. The original, signed motion shall be presented to the court at the hearing. Copies of the stipulated motions shall be served on all parties as soon thereafter as practicable. 

Amended October 13, 2014; November 19, 2009