Rule 4.060.Motion to Suppress Evidence

A motion to suppress carries its own argument. The motion must cite any constitutional provision, statute, rule, case, or other authority it rests on, and the moving party's brief goes inside the motion document rather than arriving as a separate memorandum later. The brief has to apprise the court and the adverse party of the arguments relied upon, which means naming the theory, not gesturing at it. Where the evidence was obtained without a warrant, the rule lets the moving party say so and stop there.

The response has a clock and a shape. Absent a showing of good cause or a supplementary local rule to the contrary, a response must be served and filed, together with any opposing affidavits, not more than seven days after the motion to suppress is filed. It must state its grounds, and if any part of the relief requested is not opposed, it must say specifically how much is not opposed. It must refer specifically to any affidavit it relies on and come with an opposition brief that reasonably informs the court and the moving party of the arguments and authorities behind it.

Affidavits get one added requirement. When an averment is made on information and belief, the affidavit must indicate the basis for that belief, so the court can weigh what the affiant knows against what the affiant supposes.

Failure to file a written response does not preclude a hearing on the merits. The rule's own commentary records that the drafters never meant to make a written response mandatory. A party who stays silent on paper still gets to appear and argue, though the court and the other side will have had no notice of the position.