District court — criminal · Pretrial motions
Pretrial Motion (Rule 12)
Raises defenses, objections or requests that can be decided without trial on the merits.
Filed by: Defendant or government
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Caption with court, case title (United States v. …) and case number
- Motion in writing stating the grounds and the relief sought (FRCrP 47(b))
- Supporting memorandum and affidavits as needed (FRCrP 47(d))
- Signature of counsel of record
- Certificate of service (FRCrP 49(a)–(b))
- Redactions required by FRCrP 49.1(a)
Deadline and length
Deadline: Motions listed in FRCrP 12(b)(3) must be made before trial, by the deadline the court sets (FRCrP 12(c)); otherwise untimely absent good cause (FRCrP 12(c)(3)).
Governing rules
- FRCrP 12(b)
- FRCrP 47
Check the local rules for
- Motion deadline in the scheduling order
- Font, spacing, margin and page-limit rules
- Assigned judge’s individual practices or standing orders
Applies in federal district courts. Find your court for its local requirements.
Other pretrial motions
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.