Opinion
21-cr-00397-EMC-1
10-05-2023
UNITED STATES OF AMERICA, Plaintiffs, v. ALAN ANDERSON, Defendants.
PRETRIAL ORDER FOR CRIMINAL JURY TRIAL AND BRIEFING SCHEDULE
EDWARD M. CHEN UNITED STATES DISTRICT JUDGE
Good cause appearing, it is hereby ordered that:
1. TRIAL DATE
a. Jury trial is scheduled for January 16, 2024, at 8:30 a.m. in Courtroom 5, 17th Floor, 450 Golden Gate Avenue, San Francisco, California. Typical court day for trial is 8:30 a.m. to 2:00 p.m.; Thursdays are dark. Parties should reserve 1/12/2024 for possible Jury Selection.
b. The length of trial is expected to last not more than 7 days.
2. DISCOVERY
Both sides will comply with the Federal Rules of Criminal Procedure and Criminal Local Rule 16-1. The United States will comply with Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972) and United States v. Agurs, 427 U.S. 97 (1976).
3. MOTIONS
a. Pretrial motions (including motions in limine) shall be noticed and set for hearing on 11/15/2023, at 3:00 p.m. Motions in limine and other pre-trial motions shall be filed with the Court by 10/24/2023; responses are due 10/31/2023. The briefing schedule for all motions shall comply with Criminal Local Rule 47-2.
b. All disclosures under Rule 16 (including expert summaries) and Criminal Local Rule 16-1(c) shall be made no later than n/a.
4. PRETRIAL CONFERENCE
a. A pretrial conference will be held on 11/15/2023, at 3:00 p.m. The attorneys who will try the case shall attend the conference and be prepared to discuss the matters set forth in Criminal Local Rule 17.1-1.
b. Not less than three (3) weeks before the Pretrial Conference, the parties shall, consistent with defendant's right to an effective defense, complete the following:
(1) Serve and file a pretrial statement pursuant to Crim. L.R. 17.1-1(b).
(2) Serve and file a trial brief setting forth the following:
(a) A description of each offense charged in the case.
(b) A description of all of the relevant facts upon which the parties stipulate.
(c) A brief description of the law applicable to each alleged offense, including, but not limited to, a listing of the elements of each alleged offense and affirmative defense and any instructions that the Court should consider in reaching a decision in the case.
(d) Points of law on any other issues relevant to the trial, including all foreseeable procedural and evidentiary issues.
(3) Serve and file a joint exhibit list in tabular form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that states any objections to the exhibit and the basis therefor; (d) a column that briefly responds to the objections; and (e) a blank column for the Court's use. Before this list is filed with the Court, the parties shall meet and confer, in person, to consider exhibit numbers, to eliminate duplicate exhibits and confusion over exhibits, and to make a good faith effort to
stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.
(4) Serve and file a list of the witnesses that each party intends to call at the trial in its case-in-chief, not including rebuttal witnesses, briefly setting forth for each witness the substance of their testimony.
(5) Exchange exhibits, which shall be pre-marked (plaintiff shall use numbers; defendant shall use non-duplicative consecutive numbers as agreed in advance) and tabbed.
(6) Deliver one (1) binder of all pre-marked exhibits to chambers (exhibits are not to be filed). Exhibits must be premarket with the Trial Exhibit number Exhibits shall be three-hole punched and shall be submitted in binders.
(7) Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court's standard instructions (i.e. the current version of the Ninth Circuit Manual of Model Criminal Jury Instructions (also available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent objection: 1.1-1.11, 1.16, 2.1, 2.12, 3.1-3.2, 3.5-3.9, 7.1-7.6.
(a) Any instruction contained in the Ninth Circuit Model Instructions Manual may be requested by designation of its number.
(b) Each other instruction shall be requested by setting forth the instruction in full text on a separate sheet with reference to supporting legal authority.
(c) Prior to filing the proposed instructions, the parties shall meet and confer and work in good faith towards a stipulated set of instructions. If a full agreement is not reached, the
parties shall enumerate the instructions on which an agreement is reached and then list separately the additional instructions proposed by each party.
(8) Serve and lodge a proposed form of verdict and proposed questions for jury voir dire. Voir dire questions not agreed to shall be listed separately.
(9) All stipulation of fact to eliminate the need for live witnesses on undisputed matters.
c. Not less than two (2) weeks prior to the Pretrial Conference, the parties shall:
(1) Serve and file any formal objections (and the basis therefor) to the opposing party's witnesses.
d. No party shall be permitted to call any witness or offer any exhibit in their case in chief that is not disclosed pursuant to this Pretrial Order, without leave of Court for good cause shown, consistent with defendant's right to an effective defense.
e. All motions in limine shall be heard at the Pretrial Conference.
5. CHALLENGES
The procedure for exercising peremptory challenges in Criminal Local Rules 24-2 and 24-3 will be observed absent objection by the parties.
6. COPIES
Each document filed or lodged with the Court must be accompanied by a copy for use in the Judge's chambers.
7. CHANGE OF PLEA
Counsel shall give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered not guilty plea. A written plea agreement must be submitted at least one (1) day in advance of the plea.
8. Jury instructions, proposed form of verdict, and requested voir dire shall also be submitted to Chambers in Word format on a USB.
See Attached Juror Questionnaire
Parties shall meet and confer and submit for the Court's consideration 10 additional case specific questions no later than three (3) weeks (10/25/2023) before the Pretrial Conference