District of Columbia Adjournment & Extension Requirements

The government has until December 21, 2020 to respond to Exhibit A motions and until January 28, 2021 to respond to Exhibit B motions.

The United States will have up to an additional 60 days, or until December 21, 2020, to file a response to the Rehaif motions identified in Exhibit A to this Order and will have up to an additional 100 days, or until January 28,2021, to file a response to the Rehaif motions identified in Exhibit B to this Order.

The Federal Public Defender has 60 days from the government's response to file a reply.

The Federal Public Defender will have 60 days from the date of the United States' response to file a reply, if any.

Extensions or continuances require a motion; stipulations alone are insufficient.

An extension to file a document or continuances of a proceeding will be granted only upon motion, and not upon stipulation by the parties.

Extension/continuance motions must be filed at least 4 days before the deadline, show good cause, and include specified content.

A motion for extension or continuance must be filed at least four days before the current deadline and must include good cause to support the additional time being asked for. The motion shall state: i. the original date that the motion is seeking to extend or have continued; ii. the number of previous extensions of time or continuances granted to each party; iii. the good cause supporting the motion; iv. the effect, if any, that the granting of the motion will have on existing deadlines; v. for motions, suggested deadlines (reached in consultation with the opposing party) for the filing of any opposition and reply papers; for continuances, three alternative dates and times that are convenient to all parties; and

Untimely motions for extension or continuance must include an explanation for non-compliance with the four-day notice rule.

Untimely motions for an extension or continuance must include an explanation for the failure to comply with the four-day rule.

Extension/continuance motions must be filed 4+ days prior with specific required content.

When good cause is shown, the Court will consider a motion for time extension or continuance of a proceeding that is filed at least 4 days prior to the deadline and states: i. the original date of the deadline the motion is seeking to extend or the date of the scheduled hearing the motion is seeking to continue; ii. the number of previous extensions of time or continuances granted to each party; iii. the good cause supporting the motion; iv. the effect, if any, that the granting of the motion will have on existing deadlines; v. for motions, suggested deadlines (reached in consultation with the opposing party) for the filing of any opposition and reply papers; for continuances, three alternative dates and times that are convenient to all parties; and vi. the opposing party’s position on the motion, including any reasons given for refusing to consent, see LCvR 7(m).

Opposition to extension/continuance must be filed by 5 PM next business day or motion is deemed conceded.

A party opposing a motion for an extension of time or continuance of a scheduled hearing date must file, by 5:00 PM of the business day after the motion is filed, the party’s reasons for opposing the motion. If no such explanation is provided to the Court within this time frame, the motion shall be deemed conceded. Informing the opposing party that the motion for an extension or continuance is opposed does not constitute an explanation to the Court.

Extension/continuance motions must be filed at least 4 business days before the deadline/hearing and include specific content: original date, prior extensions, good cause, effect on deadlines, suggested deadlines or alternative dates, and opposing party's position.

When good cause is present, the Court will consider a motion for an extension of time that is filed at least 4 business days prior to the deadline the motion is seeking to extend or the scheduled hearing date; and states: i. The original date of the deadline the motion is seeking to extend or the scheduled hearing date; ii. The number of previous extensions of time or continuances granted to each party; iii. The good cause supporting the motion; iv. The effect that the granting of the motion will have on existing deadlines; v. For motions, suggested deadlines (reached in consultation with the opposing party) for the filing of any opposition and reply papers; for continuances, three alternative dates and times that are convenient to all parties; and vi. The opposing party's position on the motion, including any reasons given for refusing to consent.

Oppositions to late motions must be filed 5 days before jury selection; replies 4 days before.

Oppositions to late motions must be filed at least 5 days prior to jury selection, and replies must be filed at least 4 days prior to jury selection.

Disputes about recording accuracy must be reported to Court at least 4 days before trial.

If it proves impossible for counsel to resolve the dispute, they shall so advise the Court at least four days before trial so that the dispute may be resolved without causing any delay in the trial and concomitant inconvenience to the jury.

Probation officer must disclose draft pre-sentence report within 45 days of referral.

The probation officer assigned to the case shall disclose the draft pre-sentence investigation report to the parties within 45 days after referral.

Parties must submit presentence report objections within 14 days of disclosure.

The parties must submit objections (if any) in writing to the probation officer and opposing party within 14 days of that disclosure.

Probation officer must file final presentence report within 10 days of receiving objections.

The probation officer shall disclose to the parties and file with the Court the final pre-sentence investigation report, noting any unresolved objections, within 10 days of the submission of objections.

Sentencing memoranda must be submitted 10 business days before sentencing; responses 7 days before.

Any memorandum in aid of sentencing must be submitted at least 10 business days before the date of the sentencing, with responses (if any) submitted at least 7 business days before the date of the sentencing.

Counsel must immediately advise the court if a trial conflicts with a nontrial matter that is difficult to reschedule, and may apply for a change of trial date or adjustment of hours.

If a scheduled trial conflicts with a previously set nontrial matter and, because of the urgency or complexity of the nontrial matter or the number of persons involved, it would be difficult to reschedule the nontrial matter, counsel shall immediately advise the court in which or the judge before whom the conflicting trial is scheduled. The court or the judge will be receptive to counsel's application for a change of the trial date or an adjustment of the hours of trial, but shall retain discretion to grant or deny such an application.

Attorneys must appear personally for continuance settings, fully disclose conflicts, and if physically unable, leave three open dates and later confirm.

Attorneys shall appear personally before the judge when a case is being set, reset, or continued except as otherwise specified below. They shall in every case inform the court fully as to any matters which may conflict with a setting, resetting, or continued date being considered by the court. ... The sole exception to the requirement that counsel appear personally before the judge when a case is being reset or continued arises when counsel is physically unable to be present. In such event counsel should leave three open dates with the judge in question, and the trial may be reset in counsel's absence. It shall, however, be the attorney's duty to appear personally as soon as possible before the judge who reset the case to confirm the reset date.

Attorneys with a felony trial set must not schedule any other trial that day or during its expected duration; with a misdemeanor jury trial, may schedule only one other misdemeanor trial that day.

If an attorney has a criminal felony case set for trial in any court on a given day, the attorney shall not schedule any other case for trial on that day or for any date thereafter during which that felony trial may reasonably be expected to continue. If an attorney has a misdemeanor case set for jury trial on a given date, the attorney shall not schedule more than one other misdemeanor case for trial on that day. These restrictions do not apply to cases as to which an attorney is certain there will be a nontrial disposition.

Opposition to extension motions must be filed by 5:00 PM the business day after the motion is filed.

If a party intends to file an opposition, it shall do so by 5:00 p.m. the business day after the motion is filed.

Motions for extensions or continuances are strongly discouraged, must be filed at least 4 business days in advance, and must include specific grounds, prior extensions, impact statement, proposed schedule, and opposition statement.

Motions for extensions of time and to re-schedule hearings are strongly discouraged; they will be granted only in truly exceptional or compelling circumstances and parties should not expect the Court to grant extensions. The Court will not entertain or honor stipulations for extensions of time or for the re-scheduling of hearings; parties must file a written motion in accordance with the following instructions: (A) Motions for extensions of time must be filed at least four (4) business days prior to the first affected deadline. (B) Motions to continue a hearing must be filed at least four business days prior to the scheduled hearing. (C) All motions for extensions of time and for re-scheduling of hearings must include the following or they will not be considered: (i) The specific grounds for the extension or the re-scheduling of the hearing; (ii) The number of previous extensions or continuances, if any, granted to each party; (iii) A statement of the impact that the requested extension or continuance would have on all other previously set deadlines; (iv) A proposed schedule for any other affected deadlines, to be proposed only after consulting with opposing counsel; and (v) A statement of whether or not opposing counsel opposes the motion in accordance with Local Civil Rule 7(m).

Extensions of time must be requested by motion and cannot be obtained by party stipulation alone.

Extensions or enlargements of time will only be granted upon motion, and not upon stipulation by the parties.

Continuance or scheduling-change motions should be filed at least three business days in advance, include mutually acceptable alternative dates, and may be denied if they do not.

Absent extenuating circumstances, motions for a continuance or other scheduling change should be filed three business days prior to the scheduled hearing or other deadline and must include alternative dates that have been agreed to by all parties. Requests that do not include an alternative date acceptable to all parties may be denied.

Must explain inability to comply with 4-day notice requirement.

If counsel cannot comply with this four-day requirement, they must explain why they cannot do so in their motion.

Initial scheduling conference scheduled 5-6 weeks after initial scheduling order.

The initial scheduling conference will be scheduled within five (5) to six (6) weeks after the issuance of the initial scheduling order. Strict compliance with the federal and local rules is required.

Hearing rescheduling requires 4-day advance motion with 4 alternative dates.

Requests to reschedule hearings are strongly discouraged because of the inconvenience they cause to the Court. If counsel seek to change a previously-scheduled hearing date, counsel must file a motion, at least four (4) days prior to the scheduled hearing,10 that shows good cause and proposes four alternative dates and times that would be convenient for all parties in the case.

Extension motions require good cause showing and focus on diligence and prejudice.

Motions for extension of time are strongly discouraged. The parties should not expect the Court to grant extensions. The Court grants such motions only upon a showing of good cause, focusing on the diligence of the party seeking the extension and any prejudice to the moving party that may result if the Court denies the extension, as well as any prejudice to the non-moving party if the Court grants the extension.

Extension motions must include: previous extensions, grounds, effect on deadlines, and timeline for dispositive motions.

Each motion must include the following (otherwise it will not be considered by the Court): (a) the number of previous extensions requested and granted to each party; (b) the specific grounds for the motion, unless good cause precludes disclosure of those grounds; (c) a statement of the effect that the Court’s granting of the motion will have on all previously-scheduled deadlines; (d) in cases where the motion seeks to extend the deadline for a dispositive motion, a suggested timeline for the filing of the opposition11 and reply;

Motions for extension must be filed at least 4 days before deadline unless emergency.

Absent a last-minute emergency that necessitates the need for an extension, any motions for an extension of time shall be filed at least four (4) days prior to the deadline the motion is seeking to extend.

Extension motions must include previous extensions, grounds, effect on deadlines, and opposing counsel's position.

All motions for an extension, regardless of when they are filed, must include the following (otherwise they will not be considered by the Court): (a) how many, if any, previous extensions of time the Court has granted to each party; (b) the specific grounds for the motion, unless good cause precludes public disclosure of those grounds; (c) a statement about the effect the Court’s granting the motion will have on all other previously scheduled deadlines; (e) a statement of opposing counsel’s position regarding the motion.

Stipulations for extensions are not allowed; must file a motion.

The Court will not entertain stipulations concerning extensions of time. The parties must file a motion, whether consented to or not, when seeking an extension.

Trial schedule is 9:30 AM-12:45 PM and 1:45 PM-5:00 PM Mon-Thu; counsel must be available 10 minutes before court.

The jury portion of the trial will be conducted each trial day from approximately 9:30 a.m. to approximately 12:45 p.m. and from 1:45 p.m. to approximately 5:00 p.m. on Mondays through Thursdays, unless counsel are notified otherwise. The trial will convene promptly at the designated times on each trial day. Counsel shall be available in the courtroom at least ten (10) minutes before court is scheduled to begin or resume.

Counsel must be available within 20 minutes during jury deliberations and provide phone numbers if not in vicinity.

Throughout jury deliberations, counsel must be available on twenty (20) minutes notice in order for the Court to respond expeditiously to any jury notes or a verdict. Counsel who choose not to remain in the immediate vicinity of the courtroom must provide the Courtroom Deputy Clerk with their telephone numbers.

Extension motions must be filed 4 days before deadline and include previous extensions count, grounds, effect on other deadlines, and opposing counsel's position.

Absent a last-minute emergency that necessitates the need for an extension, any motions for an extension of time shall be filed at least four (4) days prior to the deadline the motion is seeking to extend. All motions for an extension, regardless of when they are filed, must include the following (otherwise they will not be considered by the Court): (a) how many, if any, previous extensions of time the Court has granted to each party; (b) the specific grounds for the motion, unless good cause precludes public disclosure of those grounds; (c) a statement about the effect the Court's granting the motion will have on all other previously scheduled deadlines; (e) a statement of opposing counsel's position regarding the motion.

Magistrate judge may extend consent deadline by at most one additional 21-day period.

The assigned Magistrate Judge should not extend time for more than one additional twenty-one (21) day period.

The Federal Public Defender may file a supplement by December 21, 2020 for Exhibit A cases and for Exhibit B cases.

The Federal Public Defender may file a supplement by December 21, 2020, in any of the cases identified in Exhibit A, and may file a supplement in any of the cases identified in Exhibit B.

Extensions require motion, not stipulation; strongly discouraged.

Extensions or enlargements of time will be granted only upon motion, and not upon stipulation by the parties. Motions for extensions of time or for continuances of court proceedings are strongly discouraged. Counsel and parties should work within the time frames set by the Scheduling Order.

Motions for extensions or continuances are strongly disfavored; counsel should not assume approval even if joint.

Motions for extensions of time or for continuances of Court proceedings are strongly disfavored. Counsel should not assume that the Court will approve an extension, even if jointly made.

The 4-business-day notice requirement may be waived in emergencies, but a written motion is still required.

In the event of an emergency, the four-day rule may be waived, but counsel must still file a motion in writing.

Notice of a continuance application must be given to all other parties before applying; the judge before whom the matter is set rules on it.

No application for a continuance of a hearing, conference or trial shall be made unless notice of the application has been given to all other parties. An application for a continuance shall be ruled upon by the judge or magistrate judge before whom the hearing, conference or trial is to be held.

Court may deny withdrawal if it would delay trial or be prejudicial; Clerk mails order to affected party.

The Court may deny an attorney's motion for leave to withdraw if the withdrawal would unduly delay trial of the case, or be unfairly prejudicial to any party, or otherwise not be in the interest of justice. The Clerk shall mail to the affected party a copy of the order granting or denying the motion for leave to withdraw.

Reciprocal discipline proceedings may be deferred if the underlying discipline is stayed; motions for reconsideration or certiorari do not justify deferral absent good cause.

If the discipline imposed by another court has been stayed, any reciprocal discipline proceeding in this Court may, upon motion of the respondent, be deferred by order of this Court until the stay expires and until further order of this Court. In the absence of a stay of discipline imposed by such other court, neither a motion for reconsideration or motion for rehearing or rehearing en banc filed in the other court or petition for a writ of certiorari will be the basis for a deferral of the proceedings in this Court absent good cause shown.

Rescheduling hearings requires 1-week advance notice, good cause, and 4 alternative dates.

Requests to reschedule hearings are discouraged. If a party seeks to change a previously scheduled hearing date, that party shall meet and confer with the opposing party and file a motion at least one week prior to the scheduled hearing that shows good cause and proposes four alternative dates and times that would be convenient for all parties.

Extension motions require 4-day advance notice and cannot be by stipulation.

Motions for extensions or enlargements of time are discouraged. Such motions will only be granted only upon motion and not upon stipulation of the parties. Such motions shall be filed at least four days prior to the deadline at issue and conform with the requirements set forth in this section. If a party cannot comply with this four-day requirement, it shall explain why it cannot do so in its motion.

Rescheduling hearings requires a motion at least one week prior with good cause and four alternative dates; if compliance is impossible, explanation is required.

Requests to reschedule hearings are discouraged. If a party seeks to change a previously scheduled hearing date, that party shall meet and confer with the opposing party and file a motion at least one week prior to the scheduled hearing that shows good cause and proposes four alternative dates and times that would be convenient for all parties. If the suggested dates and/or times are not available on the Court's calendar, the Court will select an alternative date and/or time. In the event that the Court is closed or has a delayed opening due to inclement weather or an unforeseen emergency, affected hearings will be rescheduled by the Courtroom Deputy Clerk. If a party cannot comply with this one-week requirement, it shall explain why it cannot do so in its motion.

Extension motions must be filed at least four days before deadline, not by stipulation; explanation required if compliance impossible.

Motions for extensions or enlargements of time are discouraged. Such motions will only be granted only upon motion and not upon stipulation of the parties. Such motions shall be filed at least four days prior to the deadline at issue and conform with the requirements set forth in this section. If a party cannot comply with this four-day requirement, it shall explain why it cannot do so in its motion.

Telephonic appearance allowed with good cause; joint motion required 10 days before hearing.

leave to appear telephonically will be freely granted upon a showing of good cause.6 Counsel are strongly encouraged to appear telephonically whenever possible and must file a joint motion7 for leave to appear telephonically at least ten (10) days prior to the scheduled hearing.8

Continuance requests are considered individually.

Any request for a continuance will be considered on a case-by-case basis.

Disciplinary Panel may grant additional time for answering charges.

If no Answer is received within 30 days or such additional time as the Disciplinary Panel may allow

Cases scheduled during court closures or delays will be rescheduled.

In the event the Court is closed or the opening time for the start of the Court’s day is delayed due to inclement weather or an unforeseen emergency, cases that were scheduled to be heard during the times when the Court was closed or delayed will be rescheduled.

Cases will be rescheduled if Court is closed or delayed due to weather or emergency.

In the event the Court is closed or the opening time for the start of the Court's day is delayed due to inclement weather or an unforeseen emergency, cases that were scheduled to be heard during the times when the Court was closed or delayed will be rescheduled.