United States District Court, Southern District of New York
July 8, 2003
UNITED STATES OF AMERICA,
RUSSELL A. HARDING, DEFENDANT.
The opinion of the court was delivered by: Lewis Kaplan, District Judge
By letter dated June 9, 2003, defendant purported to move in limine for the admission of expert testimony on the issue of his mental condition. In a letter, the first page of which is dated June 10, 2003, and the second page of which is dated July 1, 2003, but which was received in chambers on July 1, 2003, he requested that the attachments to the June 9 letter be sealed. The Court denied that application.
It has come to the Court's attention that the June 9, 2003 letter motion never was filed with the Clerk. Fed.R.Crim.P. 49, however, requires that any written motion be both served and fled. Accordingly, defendant, on or before July 9, 2003, shall file the June 9, 2003 letter and exhibits with the Clerk failing which the Court will regard the motion as not properly before it and will decline to rule.
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