MORRISON C. ENGLAND, Jr., Chief District Judge.
A Trial Confirmation Hearing was held on March 12, 2015. Matthew Morris and Brian Fogerty appeared as counsel for the United States. Douglas Beevers appeared as counsel for the Defendant. After hearing, the Court makes the following findings and orders:
A trial is scheduled for April 6, 2015. The estimated length of trial is
Any motions in limine by either party shall be filed by March 16, 2015. Any opposition to those motions in limine shall be filed by March 23, 2015. Any reply shall be filed by March 30, 2015.
It is
The parties are ordered to file their respective witness lists on March 30, 2015.
Each party may call a witness designated by the other. The parties must expressly reserve the right to call additional witnesses at trial.
The parties are ordered to file their respective exhibit lists on March 30, 2015. The parties must expressly reserve the right to offer additional exhibits at trial.
Each party may use an exhibit designated by the other. In the event that The United States of America and the Defendant offer the same exhibit during trial, that exhibit shall be referred to by the designation the exhibit is
As to each exhibit, each party is ordered to exchange a copy identical to the Court's copy, or other reproduction of the exhibit(s) in a three-ring binder(s) by March 27, 2015. The attorney or representative for each party is directed to present the original and two (2) copies of the exhibit(s) and exhibit list to the courtroom deputy clerk, Stephanie Deutsch, no later than
Counsel shall primarily use the Ninth Circuit Model Jury Instructions and any revisions. However, instructions or authority may be submitted for the Court for approval. Attached for counsel's review are the Court's standard opening and closing instructions for your use, taken from the Ninth Circuit's Model Jury Instructions. If counsel has no objections to the Court's use of these opening and closing instructions, counsel need not submit their own opening and closing instructions.
The instructions must be filed by
All instructions shall be, to the extent possible, concise, understandable, and free from argument.
The parties are ordered to file their respective proposed verdict form(s) on March 30, 2015.
The parties are ordered to file their respective proposed voir dire on March 30, 2015. The Court reserves the right to conduct all examination of prospective jurors. Notwithstanding this reservation, the Court will permit each side up to ten (10) minutes to conduct further voir dire, if desired. The voir dire questions shall be filed with the Court by March 30, 2015.
At the time of filing their respective proposed jury instructions and verdict form(s), counsel shall also electronically mail to the Court, in digital format and compatible with Microsoft Word, the
The parties must also each submit two binders to the Court, each containing the following documents: (1) joint statement of the case; (2) trial brief, if any; (3) proposed voir dire, if any; (4) witness list, if any; (5) exhibit list, if any; (6) proposed jury instructions, if any; and (8) proposed verdict forms, if any. The parties need only include their own documents; the parties need not include the opposing party's documents. Each binder shall be no larger than three inches in width and have an identification label on the front and side panel, with a side tab identifying each type of document. The binders shall be submitted to the Court by March 30, 2015. The defense trial brief is to be filed not later than April 1, 2015.
Should either party choose not to file a trial brief, witness list, exhibit list, proposed voir dire, proposed jury instructions, or proposed verdict forms, that party must notify the Court
The parties are required to