Opinion
Criminal No. 1:05-CR-00024 PGC.
August 23, 2005
TRIAL ORDER
This case is set for a 3-day trial to begin on September 26, 2005, at 8:30 a.m. The attorneys are expected to appear in court at 8:00 a.m. on the first day of trial for a brief pre-trial meeting. The final pretrial conference in this matter is scheduled for September 19, 2005, at 10:30 a.m.
To ensure that the trial proceeds smoothly, the parties are instructed as follows:
1. Voir Dire — The court sends a questionnaire to all potential jurors prior to trial. The copies of the answered questionnaires are available at 3:00 on the day prior to trial in court chambers. The court's stock voir dire questions are available on the chamber's website. Any requests for additional voir dire questions should be submitted to the court no later than September 22, 2005.
2. Jury Instructions — The parties are directed to provide to the court before trial in writing any proposed jury instructions that they wish to have read. The court's standard jury instructions are available on the court's website —www.utd.uscourts.gov, under "Judges," and "Cassell" and "Practices and Procedures." The parties should use the court's stock instructions wherever possible, and only submit jury instructions outside of the court's stock. The parties should confer and submit a single set of additional jury instructions. Any disputed jury instructions should be submitted by both sides, with the appropriate citations included. A list of the stock instructions to be used, any additional agreed instructions, and any disputed jury instructions should be filed with the court and emailed to chambers at Tim Conde@utd.uscourts.gov no later than September 15, 2005. This deadline supersedes any conflicting deadline in the previously entered pretrial order.
3. Verdict Form — Any proposed verdict form should be filed with the court and emailed to chambers at the above address no later than two business days before trial.
4. Exhibit Lists/Marking Exhibits — The parties must prepare a complete exhibit list, including proposed exhibits, for the court prior to trial. A copy of this list must be provided to the court, and the courtroom deputy the morning of trial. The accepted form of exhibit list is available on the chambers website, and through the Clerk of the Court. The government should list their exhibits by number, the defendant should list their exhibits by letter. The parties are directed to mark their exhibits sequentially prior to trial to prevent unnecessary delay during the trial. The parties are strongly encouraged to stipulate, where appropriate, to the admission of exhibits.
5. Witness Lists — A witness list is required the morning of trial for the court, and the courtroom deputy.
6. Pre-Trial Motions/Motion in Limine — Any pre-trial motions, such as motions in limine, must be filed by September 1, 2005. Any motions must be accompanied by a supporting memorandum of law. Any response to a motion must be filed by September 9, 2005. Where a party can reasonably anticipate in advance of trial any significant evidentiary issue arising at trial concerning the admissibility of evidence that the party believes should be excluded, the objecting party is directed to raise the issue by way of a motion in limine within the time frame outlined above.
7. Rule 404(b) Evidence — Unless disclosure has previously been directed by the court, the government shall file any notice of intent to use evidence covered by Rule 404(b) of the Federal Rules of Evidence no later than September 1, 2005. Any response by the defendant must be submitted by July 27, 2005, and a government reply, if any, must be filed by September 9, 2005.
8. Trial Briefs — The parties are not required to file a trial brief. The court, however, is happy to review such briefs and, if time is available, encourages the filing of at least a short brief two days in advance of trial outlining any disputed issues expected to arise at trial.
9. Clothing for the Defendant — If the defendant is in custody, defense counsel is directed to arrange for appropriate clothing and to have that clothing available early on the morning of trial.
If they parties have any questions or concerns about any of the foregoing, they should contact the court promptly.
SO ORDERED.