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

Rule 47. Motions and Supporting Affidavits

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    (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.

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