Rule 47. Motions

An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. It may be supported by affidavit.

Notes of Advisory Committee on Rules-1944

1. This rule is substantially the same as the corresponding civil rule (first sentence of Rule 7(b)(1), Federal Rules of Civil Procedure) [28 U.S.C., Appendix], except that it authorizes the court to permit motions to be made orally and does not require that the grounds upon which a motion is made shall be stated "with particularity," as is the case with the civil rule.

2. This rule is intended to state general requirements for all motions. For particular provisions applying to specific motions, see Rules 6(b)(2), 12, 14, 15, 16, 17(b) and (c), 21, 22, 29 and Rule 41(e). See also Rule 49.

3. The last sentence providing that a motion may be supported by affidavit is not intended to permit "speaking motions" (e.g. motion to dismiss an indictment for insufficiency supported by affidavits), but to authorize the use of affidavits when affidavits are appropriate to establish a fact (e.g. authority to take a deposition or former jeopardy).

Federal Rules of Civil Procedure

Affidavits on motions, see rules 6 and 43, Title 28, Appendix, Judiciary and Judicial Procedure.

Motion day, see rule 78.

Notice of motion, see rules 6 and 7.

Cross References

Motion for order-

Arrest of judgment, see rule 34.

Consolidation of indictments and informations, see rule 13.

Correct or reduce sentence, see rule 35.

Dismiss, see rules 6, 12, and 48.

Enforcement of surety liability, see rule 46.

Enlargement of time, see rule 45.

Inspect and copy seized evidence, see rule 16.

New trial, see rule 33.

Notice of hearing, see rule 45.

Quash or modify subpoena, see rule 17.

Return of property and suppress evidence, see rule 41.

Separate trial, see rule 14.

Severance, see rule 14.

Transfer of proceedings from district or division for trial, see rule 21.

Time for-

Making motion raising defenses and objections before trial, see rule 12.

Motion to transfer proceedings, see rule 22.