Protocol and Practice of Persons Appearing in the Court of Commissioner Gregory Gnepper

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Pre-Trial Practice and Management Issues

Motion Practice Effective August 1, 2022, the following procedures apply to written motions and sentencing documents for EDC cases in front of Commissioner Gnepper (courtroom 2A).  
Written Motions:  
*If you are sending a MTC that is a day-of matter, please email a copy to the Courtroom Assistant, or the division email,*  
1. Before filing a written motion, counsel should attempt to first obtain the other side’s position on the relief requested in a motion, unless circumstances make it impracticable, and wait at least one full day for a response.  
2. All written motions must contain:  
a. a statement of the other side’s position on the relief requested; or  
b. a recitation of what efforts were made to obtain the other side’s position; or  
c. an explanation of the circumstances that make it impracticable to obtain the other side’s position before filing.  
3. All written motions should also be accompanied by a proposed order.  
Exception: If you are filing a digital triplicate, please continue to use the same procedure as before. Complete your section and email it to MCAO for State’s position to be added.  
The Court may deny without prejudice any written motions that fails to comply with these procedures.  
Sentencing Documents:  
The Court generally begins preparing for sentencings two business days in advance. For  
this reason, all documents related to a sentencing (including memoranda, mitigation documents, letters of support, etc.) should be submitted at least three business days in advance of the hearing date.  
Sentencing documents that are submitted after this time may not be provided to the Commissioner prior to the hearing. In that circumstance, counsel are responsible for bringing paper copies to the hearing and asking the Commissioner to review them on the bench (which he will consider doing but is not an absolute right).  
-Thank you,  
Commissioner Gnepper’s Division