Case Management Conference Notice/Report of Parties; Case Management Conference Order; Civil Case Management Procedures; Plaintiff Statement of Disputed Facts; Trial Order - Civil; Trial Order - Criminal; JERS Order; Jury Instructions (before Opening Statements); Civil Jury Instructions (before Clos

=== Case Management Conference Notice/Report of Parties ===

Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 2/2022 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , , Plaintiff, -vs- Defendant. Case No. 3:22 CV NOTICE CASE MANAGEMENT CONFERENCE JUDGE JACK ZOUHARY This case is subject to the provisions of Local Rule 16.1 of the Northern District of Ohio entitled “Differentiated Case Management” (DCM). Counsel are expected to familiarize themselves with applicable Local Rules and Federal rules of Civil Procedure. This Court will evaluate this case pursuant to Local Rule 16.1 and assign this case to an appropriate management track (expedited, standard, complex, mass tort and administrative) described in Local Rule 16.2(a). The track assignment will dictate time lines for discovery, motions, and trial. Unless otherwise ordered, discovery will be guided by Local Rule 26.1, and motion practice will be guided by Local Rule 7.1. SCHEDULING OF CASE MANAGEMENT CONFERENCE The Case Management Conference (CMC) shall be held [via telephone] on [DATE], before the Honorable Jack Zouhary, United States District Judge. [Counsel may participate by phone, and party attendance is not required.] Local Rule 16.3(b) requires the attendance of both parties and lead counsel. “Parties” means either the named individuals or, in the case of a corporation or similar legal entity, a person who is familiar with the case. If the presence of a party or lead counsel will constitute undue hardship, call opposing counsel and Chambers (419-213-5675) at least one week prior to the conference to request participation by telephone and, if allowed, provide a phone number where counsel and client may be reached. APPLICATION OF FEDERAL CIVIL RULE 26(a) Federal Civil Rule 26(a) mandates required disclosures in lieu of certain discovery requests, unless otherwise stipulated or directed by Order of this Court or by Local Rule. Initial Disclosures shall be exchanged no later than two weeks prior to the CMC so that counsel may knowledgeably complete the Report of the Parties. If additional time is needed, please call Chambers (419-213- 5675). In this case, all disclosures mandated by Rule 26(a) shall apply, including Initial Disclosures, Expert Testimony, and Pre-Trial Disclosures. Prior to the CMC, parties may undertake such informal or formal discovery as mutually agreed. Absent such agreement, no preliminary formal discovery may be conducted prior to the CMC except as necessary and appropriate to support or defend against any challenges to jurisdiction or claim for emergency, temporary, or preliminary relief. Local Rule 30.1 governs conduct at depositions, and counsel shall comply with this Rule. TRACK RECOMMENDATIONS Pursuant to Local Rule 16.2(a), and subject to further discussion at the CMC, this Court recommends the [STANDARD] Track, which means the trial date will be no later than [fifteen (15) months from the filing of the Complaint.] 2 PREPARATION FOR CMC BY COUNSEL The general agenda for the CMC is set by Local Rule 16.3(b). Counsel should be prepared to discuss claims and defenses in detail with the Judge. Counsel for Plaintiff(s) shall arrange with opposing counsel to hold the meeting required by Federal Civil Rule 26(f) and Local Rule 16.3(b). A Report of this planning meeting shall be jointly signed and filed at least three (3) days before the CMC. The Report in pdf format is attached. For your convenience, the Report of Parties’ Planning Meeting can be sent to you in Word or Wordperfect format by requesting it via email from laura [email protected]. FILING OF DISCOVERY MATERIALS Unless otherwise ordered, initial disclosures and discovery materials shall not be filed except where submitted in support of a motion or for use at trial. More detail on Judge Zouhary’s case management practices and trial procedures can be found at this Court’s website: www.ohnd.uscourts.gov. SANDY OPACICH, Clerk of Court s/ LAURA DOERFLER, Courtroom Deputy for Judge Zouhary 3 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Case No. 3:21 CV Plaintiff, REPORT OF PARTIES’ PLANNING MEETING -vs- JUDGE JACK ZOUHARY Defendant. , , l. Pursuant to Federal Civil Rule 26(f) and Local Rule 16.3(b), a meeting was held on ______________________, and was attended by: Counsel for Plaintiff ________________________________ Counsel for Defendant ______________________________ 2. The parties: _____ Have exchanged the pre-discovery disclosures (the actual documents -- not just the list) required by Rule 26(a)(l) and the Case Management Conference (CMC) Notice; or _____ Have permission from this Court to delay disclosure until after the CMC. 3. The parties recommend the following track: _____ Expedited Standard _____ Complex _____ Administrative _____ Mass Tort 4. 5. Trial Month/Year: (15 months from filing if Standard Track) This case is / is not suitable for a Settlement/Mediation Conference. If yes, indicate if Court assistance is desired and how soon: _____ Shortly after CMC _____ After key discovery _____ Other [describe] 6. The parties do/ do not consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. 636(c). If you are consenting to the jurisdiction of the Magistrate Judge, please contact Chambers (419- 213-5675) prior to the CMC. A Consent to the Exercise of Jurisdiction will then be issued for signature by all parties and the case will be sent to the Magistrate Judge for the CMC and all further proceedings. 7. The parties agree that this case _____ does / _____ does not involve electronic discovery. (Counsel are reminded to review the default standard for e-discovery set forth in Appendix K to the Local Rules.) 8. Recommended Discovery Plan: (a) Describe anticipated e-discovery (i.e., what ESI is available and where it resides; ease/difficulty and cost of producing information; schedule and format of production; preservation of information; agreements about privilege or work-product protection, etc.): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (b) Describe any anticipated discovery issues or potential problems: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 9. Recommended cut-off for amending the pleadings and/or adding additional parties: __________________ 2 10. Expert disclosures: (a) Names by: __________________ (b) Reports by: __________________ NOTE: Expert depositions require prior Court approval. 11. Discovery deadlines: (a) Liability: __________________ (b) Damages: __________________ NOTE: Dispositive motions are not appropriate in every case. No dispositive motions shall be filed until counsel have met and conferred about the merits of such a motion; and only after sufficient discovery has been completed that allows counsel for the moving party to represent the belief there are no disputed issues of material fact. Timing for filing a motion is the responsibility of counsel and should not conflict with the case schedule and trial. See Civil Case Management Procedures. 12. Recommended month/date for: telephone status with Court, or Joint Status Report filed by counsel: __________________ 13. Other matters for this Court’s attention: ________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Attorney for Plaintiff: s/ Attorney for Defendant: s/ 3

=== Case Management Conference Order ===

Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 3/23/21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , , Case No. 3:20 CV [CASE NUMBER] -vs- Plaintiff, CASE MANAGEMENT CONFERENCE ORDER JUDGE JACK ZOUHARY Defendant. Case Management Conference (CMC) held [BY PHONE OR IN PERSON] on [DATE]. 1. Counsel and parties present: [NAME] for Plaintiff(s); [NAME] for Defendant(s) 2. Federal Civil Rule 26(a) disclosures have been completed. 3. After consultation with counsel, this case will proceed on the [Expedited, Standard or Complex] Track with trial in [MONTH, YEAR]. 4. This case is referred for a Settlement/Mediation Conference on [DATE AND TIME]. Lead counsel and parties, or a representative with full authority to negotiate and settle, shall appear in person. Further, each party shall submit an ex parte statement summarizing the settlement position to Chambers by fax (419-213-5680) or e-mail ([email protected]) three (3) days before the conference. The statement shall not become part of the case record. [OR] before Magistrate Judge [NAME / PANEL] on [DATE AND TIME] in [ROOM NUMBER]. Lead counsel and parties, or a representative with full authority to negotiate and settle, shall appear in person. Further, each party shall submit an ex parte statement summarizing the settlement position to Magistrate Judge [NAME] by [DATE]. The statement shall not become part of the case record, but shall be for the exclusive use of the Magistrate Judge in preparing for the settlement conference. The statement shall not be filed with the Clerk, but shall be e- mailed to [E-MAIL] three days before the conference. Counsel shall report to Judge Zouhary’s Chambers (Room 203) immediately following the Conference to inform this Court if the case has settled, or to discuss the remaining case schedule. 5. Case [DOES / DOES NOT] involve electronic discovery. 6. Deadline for amending pleadings/adding parties: [DATE] 7. Counsel are reminded to follow the amended Civil Rules regarding proportional discovery and civility. Counsel will stage depositions pursuant to 2015 Civil Rules amendments. See Civil Case Management Procedures (Doc. [NUMBER] at ¶ 3). 8. Discovery deadlines: a. b. c. d. Liability: [DATE] Damages: [DATE] Plaintiff’s expert disclosures, with reports: [DATE] Defendant’s expert disclosures, with reports: [DATE] NOTE: Expert depositions require prior Court approval. 9. Without leave of Court, no discovery material shall be filed, except as necessary to support dispositive motions. Depositions filed either electronically or through the Clerk’s Office shall include the Word Index. 2 10. Dispositive motions are not appropriate in every case. No dispositive motions shall be filed until counsel have met and conferred about the merits of such a motion; and only after sufficient discovery has been completed that allows counsel for the moving party to represent the belief there are no disputed issues of material fact. Timing for filing a motion is the responsibility of counsel and should not conflict with this case schedule and trial date. See Civil Case Management Procedures (Doc. [NUMBER] at ¶ 3). 11. Parties shall provide this Court with a courtesy hard copy of all motion briefing with supporting materials (double-sided encouraged). Briefing shall be doubled-spaced (except for block quotes) in a font not less than 12 points in size, including footnotes, with margins of not less than one inch. See Local Civil Rule 7.1(f) for page limits. Footnotes are discouraged. NOTE: Failure to follow will result in Clerk striking the briefing. 12. Counsel shall describe in the case caption whether a motion is “opposed” or “unopposed” -- which means counsel MUST confer with opposing counsel BEFORE filing any motion -- procedural or substantive. 13. Next Phone status: [DATE AND TIME] [OR] Brief Joint Status Report: [DATE] IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE , 2021 3

=== Civil Case Management Procedures ===

Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 5/2022 CIVIL CASE MANAGEMENT PROCEDURES JUDGE JACK ZOUHARY United States District Court Northern District of Ohio, Western Division 1716 Spielbusch Avenue, Room 203 Toledo, OH 43604 (419) 213-5675 zouhary [email protected] Unless otherwise ordered, counsel should be prepared to comply with the following case management practices designed to advance the promise of Federal Civil Rule 1. 1. Initial Procedures  Case Intake When a new case is assigned to Judge Z, a member of Chambers staff typically contacts Plaintiff’s counsel with a few routine, non-substantive intake questions. E.g., is the identity of defense counsel known? Have the parties engaged in any pre-filing settlement discussions? Once Defendant enters an appearance (or sometimes sooner, if defense counsel is already known), Chambers staff will contact counsel for both sides to schedule an Initial Telephone Conference.  Initial Telephone Conference Counsel should be prepared to bring Judge Z up to speed on the facts of the case, any settlement discussions, and any key issues that have emerged so far. Judge Z will then set a Case Management Conference (CMC) -- preceded by a Settlement Conference, if requested (see below). NOTE: No Motions to Dismiss may be filed before the Initial Telephone Conference. Judge Z requires counsel to discuss the basis for any Motion to Dismiss and routinely grants Plaintiff an opportunity to amend the Complaint to cure any perceived defect. If the answer date falls before the Initial Telephone Conference, the deadline will be automatically tolled to allow counsel to discuss any motion practice. Judge Z encourages counsel to evaluate jurisdictional or other strictly legal issues that can be resolved early in the case, with little or no discovery.  Initial Disclosures Judge Z takes a robust view of the initial disclosure requirement under Federal Civil Rule 26(a)(1). He requires the parties to turn their cards over at the beginning of the case -- that means both sides must produce actual documents, not just a list of responsive items. Judge Z typically requires parties to complete their disclosures before the CMC, so the Court and counsel can agree on a realistic case schedule. 2. Settlement & Case Management Conferences At the request of counsel, Judge Z will hold a “combo” Settlement and Case Management Conference. This means he first assists the parties in making good faith settlement efforts. If the case does not resolve, he then proceeds to discuss a case schedule. If the parties wish to discuss resolution, counsel and representatives with full settlement authority must attend in person or remotely, unless excused. If the conference is limited to setting a case schedule, Judge Z will allow counsel to attend by phone or Zoom -- but counsel and clients are always welcome to attend in person. If, during the course of the case, counsel reach agreement to adjust discovery deadlines, court approval is not needed -- as long as those extensions do not affect the trial date. Judge Z will not extend a previously set trial month or date absent good cause -- really good cause. 3. Motions Practice  General Rules Unless otherwise ordered, counsel are expected to adhere to the requirements of Local Civil Rule 7.1 regarding response deadlines and page limits. No reply briefs may be filed without prior authorization. Judge Z will hold oral argument if he believes it will be helpful and often submits questions in advance of the hearing. He also encourages newly minted lawyers to argue whenever possible. Briefs shall be double-spaced (except for the block quotes), in a font not less than 12 points in size, with margins of not less than one inch. All documents must be text- searchable PDFs. Footnotes are strongly discouraged. Counsel shall promptly submit to Chambers a bound and tabbed courtesy copy of all briefing with supporting materials. While full deposition transcripts are separately filed by counsel on ECF, the courtesy copy should only contain deposition cover sheets and pages referenced in the briefing, with the relevant language highlighted. 2  Discovery Disputes Judge Z takes seriously the 2015 Federal Civil Rule Amendments and the mandate that discovery must be proportional to the needs of the case. Parties are encouraged to conduct themselves accordingly. No Motion to Compel, Motion for Protective Order, or Motion for Sanctions may be filed unless the parties have made good faith efforts to resolve the discovery dispute. If they are unable to do so, counsel must contact Chambers to request a Telephone Conference. Local Civil Rule 37.1 governs discovery disputes, and counsel are expected to comply with the procedures outlined in that Rule.  Summary Judgment Much like discovery motions, Motions for Summary Judgment may not be filed unless the parties have conferred in good faith and exchanged letters outlining their respective positions with legal authorities. If a party intends to move for summary judgment, counsel shall meet and confer about the merits of the proposed motion. If the moving party still intends to file, it shall briefly outline, in letter format, the merits of the motion, including critical record and legal citations. Opposing counsel shall respond in writing, specifically identifying genuine disputes of material fact that preclude summary judgment on those claims. These letters should not be full briefs; they are intended to be short and succinct outlines. Bullet points are encouraged. See Judge Z’s website (Standing Orders) for sample Letters. https://www.ohnd.uscourts.gov/content/judge-jack-zouhary The letters shall be ECF-filed as a joint attachment to a Motion for a Telephone Conference with this Court. Judge Z will then hold a Conference to discuss the basis for the Motion and, if appropriate, set a briefing schedule. Counsel should be prepared to identify the key issues and points of disagreement. 4. Civility Judge Z reminds counsel of the importance of civility in their interactions with colleagues both in and out of the courtroom. He expects lawyers to maintain the highest standards of professionalism, both as a courtesy, and as a necessity to effectively represent their clients. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE 3

=== Plaintiff Statement of Disputed Facts ===

SAMPLE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION John Doe, Case No. 3:22 CV 1234 Plaintiff, -vs- MOTION FOR TELEPHONE CONFERENCE Jane Roe, Defendant. Counsel for Defendant recently notified Plaintiff’s counsel that Defendant intends to move for summary judgment in the above captioned case. In compliance with this Court’s Summary-Judgment Protocol, counsel for both sides met and conferred regarding the merits of the proposed motion. Counsel exchanged letters (individually attached) briefly outlining their positions, and request a Telephone Conference to discuss next steps. LETTER ONE Dear Plaintiff’s Counsel: This letter is being sent in accordance with Rule 3 of Judge Zouhary’s Standing order. This case arises from a food-poisoning incident at a party. Plaintiff asserts one claim of negligence against Defendant. The law of the State of Ames governs this case. To prevail in a negligence action under Ames law, a plaintiff must prove four elements: duty, breach, causation, and harm. See Jordan v. Thomas, 18 Ames St. 3d 346, 348 (2012). Defendant concedes the duty and harm elements in this case. However, for the following reasons, no jury could reasonably conclude Defendant breached her duty of care or that she caused Plaintiff’s injuries. Breach  Defendant prepared the casserole with a factory-made mix (Doc. 17 at 31).   The mix’s packaging did not indicate the mix contained peanuts (Doc. 17-3 at 1). The mix did, in fact, contain trace amounts of peanuts (perhaps due to cross- contamination at the factory), but Defendant cannot be charged with that knowledge. See Ewing v. Robinson, 125 Ames App. 4th 496, 499 (2019). Plaintiff will likely point to Bryant v. Bell, 49 Ames St. 56 (1997), but that case involves entirely different facts.  Thus, as a matter of law, Defendant did not breach her duty of care. Causation  Minutes before eating the casserole, Plaintiff ate tortilla chips dipped in oyster sauce (Doc. 20 at 14).     Plaintiff allegedly experienced symptoms only after he ate the casserole (id. at 15), but exposure to shellfish typically does not produce symptoms until several minutes have passed (Doc. 17-5 at 2). According to experts, Plaintiff’s symptoms correlate most closely with shellfish exposure, not peanut exposure (Doc. 17-6 at 11; Doc. 22 at 9; Doc. 29 at 22). Plaintiff previously ate peanuts with only minimal symptoms, but he was hospitalized in 2016 after attending a lobster bake in Nantucket (Doc. 20 at 55). Therefore, a reasonable jury could conclude only that the oyster sauce, not the casserole, caused Plaintiff’s injuries. LETTER TWO Dear Defense Counsel: This letter is in response to your correspondence regarding summary judgment in this case. Plaintiff generally agrees with the legal standard articulated by Defendant and understands that Defendant concedes the duty and harm elements. Thus, the parties dispute only breach and causation. These disputes are genuine and material for the following reasons: Breach  Sally Anderson told Defendant about Plaintiff’s severe peanut allergy (Doc. 22 at 5).     Defendant offered her homemade casserole to Plaintiff at the party, and she did not tell Defendant it contained peanuts (Doc. 24 at 16–17). Although Defendant claims she did not know the casserole contained peanuts, in the State of Ames “one who prepares a meal is charged with knowledge of the ingredients.” Bryant v. Bell, 49 Ames St. 56, 59 (1997). The morning of the party, a neighbor looked through Defendant’s kitchen window and saw Defendant preparing a casserole (Doc. 27 at 42). A jury could reasonably conclude Defendant made the casserole and negligently offered it to Plaintiff, who did not know it contained peanuts. Causation  Within five minutes of eating Defendant’s casserole, Plaintiff experienced breathing difficulties and was taken to the hospital by ambulance (Doc. 20 at 15).    Plaintiff’s serious injuries were caused by an allergic reaction (Doc. 29 at 2). Plaintiff has only two known allergies: peanuts and shellfish (Doc. 20 at 13–15). Although Plaintiff came in contact with shellfish minutes before eating Defendant’s casserole (id. at 14), a jury could reasonably conclude the casserole, not the shellfish, caused his allergic reaction. See Curry v. Irving, 587 Ames App. 4th 234, 237 (2019).

=== Trial Order - Civil ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Case No. Plaintiff, TRIAL ORDER -vs- JUDGE JACK ZOUHARY Defendant. , , This case is scheduled for a jury trial beginning on __________ in the courtroom of the Honorable Jack Zouhary, United States District Judge, located on the second floor, Courtroom 204, United States Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio. Counsel may call Chambers (419-213-5675 or 419-213-5679) concerning trial protocol or procedures. If a civil case settles within five (5) weeks of trial, $5,000 in court costs will be assessed against the parties absent a showing of good cause. This represents the time and cost of summoning and preparing for a jury, including the preparation and mailing of juror questionnaires for voir dire, as well as the cost for attendance and accommodations for jurors. A general Juror Questionnaire for mailing to the jury pool in advance of trial will be shared with counsel. Counsel may file proposed questions to be added to the Questionnaire or to be added to in-court voir dire examination conducted by the Judge. (Trial counsel are allowed brief follow- up examination in court of individual members of the venire.) DAUBERT MOTIONS 1. Daubert motions, to exclude or limit expert testimony or lay opinion, shall be filed by__________; responses due by __________. No replies unless requested by this Court. If more than one motion is made, all motions shall be filed in a single document with a ten (10) page limit. Motions will be ruled on in advance of trial. Counsel must meet and confer prior to filing such motions. MOTIONS IN LIMINE 2. Motions in Limine shall be filed by __________; opposition due by __________; no replies unless requested by this Court. If more than one motion is made, all motions shall be filed in a single document with a ten (10) page limit. Motions will be ruled on in advance of trial. Counsel must meet and confer prior to filing such motions. JOINT STATEMENT OF THE CASE, WITNESS LIST AND VOIR DIRE 3. Counsel shall consult with each other and submit a proposed Joint Statement of the Case (to be read to the jury at the beginning of the trial) which should include a brief statement of the facts, stipulations, and contested issues. The Joint Statement may note any disagreements and offer alternate language as appropriate, and shall be filed by __________. 4. Counsel shall submit a Joint List of Proposed Witnesses with a brief summary of their testimony and a brief discussion of any evidentiary issues likely to arise with respect to admissible testimony (e.g., hearsay). This list shall be filed by __________. 2 JURY INSTRUCTIONS 5. Counsel shall consult with each other and file Joint Proposed Jury Instructions, noting those areas where the parties disagree and offering alternate language with supporting legal authority as appropriate. Counsel shall provide Chambers with a courtesy hard copy, with ECF header, which shall be filed and delivered by __________. 6. Counsel should review the District Court website for Judge Zouhary’s standard voir dire questions and boilerplate jury charge: https://www.ohnd.uscourts.gov/content/judge-jack-zouhary DEPOSITION TESTIMONY 7. Parties are specifically directed to comply with the provisions of Local Rule 32.1. Counsel shall confer to determine which testimony will be offered by deposition (including videotape deposition), agree on the designation of those portions of the depositions to be offered into evidence, and also identify any objections. Counsel shall file a proposed order listing the page(s) and line(s) for each designation objection. Designations and counter-designations shall be marked in a full copy of the deposition transcript (not the condensed Min-U-Script format), with designations and counter-designations highlighted in different colors. Plaintiff’s initial designations/counter- designations shall be highlighted or blocked in light yellow; Defendant’s initial designations/counter-designations shall be highlighted or blocked in light green. Objections shall be highlighted or blocked in light red. Counsel shall note objections in the margins of the transcript, including the basis and legal support for any objections, and the offering party’s responses to any objections. See attached sample proposed order and corresponding transcript. 3 8. Counsel shall file a complete written transcript of each deposition to be used at trial, including the designations and objections described above, by __________, and shall provide a hard copy, with ECF header, to Chambers. Objections will be ruled on in advance of trial. If a complete written transcript has already been filed, counsel need not file a duplicate copy, and may instead file only the relevant pages containing designations and objections. EXHIBITS 9. Counsel shall exchange exhibits with each other, and provide Chambers with two complete sets to be used at trial -- one for the Bench and one for the witness stand. Counsel shall file a joint “List of Exhibits” by __________. Counsel shall also provide Chambers with a CD or flash drive containing all properly labeled exhibits corresponding with the “List of Exhibits.” See JERS Order. Counsel shall submit the JERS CD or flash drive by __________. If a party will use Realtime or order daily transcripts, the party shall provide the Court Reporter with a third set of exhibits. Do not file exhibits with the Clerk of Court. 10. Exhibits must be marked before trial with numbers, irrespective of which party is producing the exhibit. No duplicates are allowed. Sequence of numbers is not important. Counsel shall not label exhibits as “Plaintiff’s” Exhibit or “Defendant’s” Exhibit, but as “Trial Exhibit.” 11. Counsel are responsible for maintaining original trial exhibits, and for filing exhibits needed for appeal purposes. NOTICE TO COURT REPORTER 12. In order to facilitate the creation of an accurate Realtime record, counsel shall provide a “Notice to Court Reporter” by __________containing: • • • • Proper names, including those of witnesses; Acronyms; Geographic locations; Technical (e.g., medical) terms, names, or jargon. 4 The Notice to Court Reporter need not be filed but shall be provided in person or via e-mail to Zouhary [email protected]. COURTROOM ELECTRONICS 13. Well in advance of trial, counsel should be trained and familiar with the electronic presentation of evidence and the use of courtroom equipment. Counsel may contact Chambers to schedule an appointment. Training the eve of trial is not permitted. 14. It is essential that counsel utilize the courtroom electronics to educate the jury about the case. This Court strongly recommends that you not only use the electronics, but that you know how to use them. For example, jurors have complained that lawyers will utilize a PowerPoint, but that it is not readable from the jury box. You should test your presentations. If the jury can’t see it (or hear it), it is of little use. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE , 2021 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION , , Case No. Plaintiff, [PROPOSED] RULINGS ON OBJECTIONS TO TESTIMONY OF XXXX -vs- JUDGE JACK ZOUHARY Defendant. Page Line No. Ruling 26 27 Lines 8–25 [to be completed by Court] Lines 1–5 [to be completed by Court]

=== Trial Order - Criminal ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION United States of America, Case No. , TRIAL ORDER -vs- JUDGE JACK ZOUHARY , Defendant. This case is scheduled for a jury trial on __________ in Courtroom 204, United States Courthouse, 1716 Spielbusch Avenue, Toledo, Ohio. Counsel may call Chambers (419-213-5679 or 419-213-5675) concerning trial protocol or procedures. Counsel should review the District Court website for Judge Zouhary’s standard voir dire questions and boilerplate jury charge: https://www.ohnd.uscourts.gov/content/judge-jack-zouhary. Counsel shall provide Chambers with a courtesy hard copy with ECF header of all pretrial filings. DAUBERT MOTIONS 1. Daubert motions, to exclude or limit expert or lay-opinion testimony, shall be filed by__________; responses due by__________. No replies unless requested by this Court. If more than one motion is made, all motions shall be filed in a single document (10-page limit). Motions will be ruled on in advance of trial. Counsel must meet and confer prior to filing such motions. MOTIONS IN LIMINE 2. Motions in limine shall be filed by __________; opposition due by __________; no replies unless requested by this Court. If more than one motion is made, all motions shall be filed in a single document (10-page limit). Motions will be ruled on in advance of trial. Counsel must meet and confer prior to filing such motions to determine the necessity of such motions. VOIR DIRE 3. A proposed Juror Questionnaire for mailing to the jury pool in advance of trial will be shared with counsel by __________; any proposed changes from counsel are due by __________. Counsel shall provide this Court with additional proposed juror questions for the in-court voir dire by __________. This Court will conduct the initial courtroom examination of the jury, and will allow counsel brief follow-up examination of individual members of the venire. JOINT STATEMENT OF THE CASE AND WITNESS LIST 4. Counsel shall consult with each other and submit by __________ a proposed Joint Statement of the Case (to be read to the jury at the beginning of the trial) which should include a brief statement of the facts, stipulations, and contested issues. The Joint Statement may note any disagreements and offer alternate language as appropriate. 5. Counsel shall also submit by that date a joint list of proposed witnesses along with a brief discussion of any evidentiary issues likely to arise with respect to admissible testimony (e.g., hearsay). 2 JURY INSTRUCTIONS 6. Counsel shall consult with each other and file joint proposed Jury Instructions Before Closing Arguments by __________, noting those areas where the parties disagree and offering alternate language with supporting legal authority as appropriate. EXHIBITS 7. Counsel shall exchange exhibits with each other (Government first), and provide Chambers with two complete sets to be used at trial -- one for the Bench and one for the witness -- along with a Joint Exhibit List by __________. Counsel shall also provide Chambers with a CD or flash drive containing all properly labeled exhibits corresponding with the “List of Exhibits.” See JERS Order. Counsel shall submit the JERS CD or flash drive by __________. Do not file exhibits with the Clerk of Court. 8. Exhibits must be marked before trial with numbers, irrespective of which party is producing the exhibit. No duplicates are allowed. Sequence of numbers is not important. Counsel shall not label exhibits as “Plaintiff’s” Exhibit or “Defendant’s” Exhibit, but as “Trial Exhibit.” 9. Counsel are responsible for maintaining original trial exhibits, and for filing exhibits needed for appeal purposes. NOTICE TO COURT REPORTER 10. In order to facilitate the creation of an accurate Realtime record, counsel shall provide a “Notice to Court Reporter” by __________ containing: • • • • Proper names, including those of witnesses; Acronyms; Geographic locations; Technical (e.g., medical) terms, names, or jargon. 3 The Notice to Court Reporter need not be filed but shall be provided in person or via e-mail to Zouhary [email protected]. COURTROOM ELECTRONICS 11. Well in advance of trial, counsel should be trained and familiar with the electronic presentation of evidence and the use of courtroom equipment. Counsel may contact Chambers to schedule an appointment. Training just before or during trial is not permitted. 12. It is essential that counsel utilize the courtroom electronics to educate the jury about the case. This Court strongly recommends that you not only use the electronics, but that you know how to use them. For example, jurors have complained that lawyers will utilize a PowerPoint, but that it is not readable from the jury box. You should test your presentations. If the jury can’t see it (or hear it), it is of little use. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE , 2021 4

=== JERS Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION Case No. Plaintiff, JERS ORDER -vs- JUDGE ZOUHARY Defendant. , , This Court is using new technology to facilitate the viewing of exhibits by jurors (Jury Evidence Recording Systems / “JERS”). Counsel shall use the following procedures. SUBMISSION OF EXHIBITS IN ELECTRONIC FORMAT Each party shall submit to Chambers all exhibits on a single storage device such as a CD, DVD, or USB drive no later than two weeks before trial. Parties shall retain their original exhibits and shall submit only copies, including audio or visual exhibits. RENAMING OF EXHIBIT FILES The Exhibit Files must be named using a naming convention as follows: <exhibit number>_<exhibit description>.<file extension> Examples of valid exhibit file names are set forth below: 12_2009 Tax Statement.pdf 13_2010 Tax Statement.pdf Describing an exhibit with only a letter or number is invalid; sufficient detail must be provided to assist the jury in finding the exhibit. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 If a Physical Exhibit will be used in trial, a pdf document with “Physical Exhibit” shall be submitted for use in JERS. This document should be named as follows: <Exhibit Number>_Physical Exhibit-<item description>.pdf Example: 35_ Physical Exhibit-Red Sweatshirt.pdf The exhibit must be named by number, followed by the “underscore” character, and the underscore character cannot be used elsewhere in the exhibit name. All exhibits must include an exhibit description. Compatible file types include: • • • • • PDF JPG WM Video MP3 WAV Counsel shall coordinate numbering of the exhibits (e.g., designate 1–99 for Plaintiff; 100– 199 for Defendant) to prevent overlapping or duplicates. Counsel shall not label exhibits as “Plaintiff’s” Exhibit or “Defendant’s” Exhibit, but as “Trial Exhibit.” Exhibits containing multiple images (such as photographs, charts or drawings) shall be marked individually with an exhibit number. Numbered subparts (e.g., 10-1 10-A) and composite exhibits are not permitted. Prior to submitting exhibits, counsel are encouraged to contact Laura Doerfler at (419) 213- 5679 with any questions about JERS procedures. IT IS SO ORDERED. s/ Jack Zouhary JACK ZOUHARY U. S. DISTRICT JUDGE , 2018 Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 2

=== Jury Instructions (before Opening Statements) ===

JURY INSTRUCTIONS (before Opening Statements) Those who participate in a trial must do so pursuant to established rules. This is true of the witnesses, the lawyers, and the Judge. It is equally true of you as jurors. The lawyers present the evidence according to rules; the Judge enforces the rules and determines what evidence may be admitted. It is also the duty of the Judge to instruct you in the law, and it is your duty to follow the law as I will state it to you, both now and during the trial. If in these instructions, or in instructions that I will give you later, any principle or idea is repeated or stated in varying ways, no emphasis is intended, and none must be inferred by you. Therefore, you must not single out any particular sentence or individual point and ignore the others, but rather you are to consider all the instructions as a whole, and are to consider each instruction in relation to all the others. The fact that I give you some instructions now, and some later, has no significance as to their relative importance, nor does the order in which I give you these instructions. The trial procedure is as follows: First, the lawyers outline in their opening statements what they believe the evidence will be. Then Plaintiff offers evidence; next Defendant may offer evidence; then Plaintiff may present a rebuttal. The trial concludes with closing arguments by the lawyers and final instructions of law from me, after which you will retire to deliberate on a verdict. The lawyers will, of course, have active roles in the trial. They will make arguments, question witnesses, and perhaps make objections. Remember that lawyers are not witnesses, and since it is your duty to decide the case solely on the evidence that you see or hear in the courtroom, you must not consider as evidence statements of the lawyers. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 There is an exception, and that is if the lawyers agree to any fact. Such agreement (called a stipulation or admission) will be brought to your attention, and it will then be your duty to regard such fact as being conclusively proved without the need for further evidence. If a question is asked and an objection to the question is sustained, you will then not hear the answer, and you must not speculate as to what the answer might have been or the reason for the objection. If an answer is given to a question and the Court then grants a motion to strike out the answer, you are to completely disregard such question and answer and not consider them for any purpose. A question in and of itself is not evidence, and may be considered by you only as it supplies meaning to the answer. Your role during this trial is to decide all questions of fact submitted to you. To do this, you must determine the effect and value of evidence, and you must not be influenced in your decision by sympathy, prejudice, or passion toward any party, witness, or lawyer in the case. As jurors, you have the sole and exclusive duty to decide the credibility of the witnesses who testify in this case, which simply means that it is you who must decide whether to believe, or disbelieve, a particular witness. In determining these questions, you will apply the tests of truthfulness that you apply in your daily lives. These tests include the appearance of each witness on the stand; his or her manner of testifying; the reasonableness of the testimony; the opportunity he or she had to see, hear, and know the things concerning which he or she testified; his or her accuracy of memory; frankness or lack of it; intelligence; interest and bias, if any; together with all the facts and circumstances surrounding the testimony. Applying these tests you will assign to the testimony of each witness such weight as you deem proper. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 2 You are not required to believe the testimony of any witness simply because it was given under oath. You may believe or disbelieve all or any part of the testimony of any witness. You should not decide any issue of fact merely on the basis of the number of witnesses who testify on each side of an issue. Rather, the final test in judging evidence should be the force and weight of the evidence, regardless of the number of witnesses on each side of an issue. The testimony of one witness believed by you is sufficient to prove any fact. Also, discrepancies in testimony between witnesses does not necessarily mean that you should disbelieve a witness, as people commonly forget facts or recollect them erroneously after the passage of time. You are certainly aware that two persons who witness the same incident may often see or hear it differently. In considering a discrepancy in testimony, you should consider whether such discrepancy concerns an important fact or a trivial one. This concludes my general preliminary instructions. Now I will give you a short statement about some of the specifics of this case. * * * [CRIMINAL] Defendant pled not guilty to the crimes charged in the Indictment. Therefore, he/she starts the trial with a clean slate, with no evidence at all against him/her, and the law presumes that he/she is innocent. This presumption of innocence stays with him/her unless the Government presents evidence, here in Court, that overcomes the presumption and convinces you, beyond a reasonable doubt, that he/she is guilty. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 3 This means Defendant has no obligation to testify or present any evidence at all, or prove to you in any way he/she is innocent. Simply put, it is up to the Government to prove he/she is guilty. * * * Now for some specifics. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 4

=== Civil Jury Instructions (before Closing Arguments) ===

CIVIL JURY INSTRUCTIONS (before Closing Arguments) You have heard the evidence. Now I will instruct you, and next you will hear final arguments of counsel. The Court and the jury have separate functions: you decide the disputed facts, and the Court provides the instructions of law. It is your sworn duty to accept these instructions and to apply the law as it is given to you. You are not permitted to change the law or to apply your own concept of what you think the law should be. Equality Under the Law In deciding the facts of this case, you must not be swayed by bias or prejudice or favor as to any party. Our system of law does not permit jurors to be governed by prejudice, sympathy, or public opinion. Both the parties and the public expect that you will carefully and impartially consider all the evidence in the case, follow the law as stated by the Court, and reach a just verdict based on the evidence. This case should be considered and decided by you as an action between persons of equal standing in the community, and holding the same or similar stations in life. [The fact that one of the parties is an individual and the other is a company must not affect your decision in any way.] All parties are equal before the law. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 Burden of Proof The person who claims certain facts exist must prove them by a greater weight of the evidence. This duty is known as the burden of proof. Each party must prove the facts necessary for their respective claims by the greater weight, or preponderance, of the evidence. Greater Weight of the Evidence The greater weight of the evidence is evidence that you believe because it outweighs or overbalances in your mind the evidence opposed to it. This means the evidence is more probable, more persuasive, or of greater probative value. It is the quality of the evidence that must be weighed. Quality may, or may not, be identical with quantity or the greater number of witnesses. In determining whether an issue has been proved by a greater weight of the evidence, you should consider all the evidence, regardless of who produced it. If the weight of the evidence is equally balanced, or if you are unable to determine which side of an issue has the preponderance, the party who has the burden of proof has not established such issue by the greater weight of the evidence. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 2 Evidence Evidence is all the testimony received from the witnesses, any exhibits admitted during the trial, and any facts stipulated by counsel. You must make your decision based only on the evidence you saw and heard here in court. Do not let rumors, suspicions, or anything else you may have seen or heard outside this courtroom influence your decision in any way. Evidence may be direct or circumstantial, or both. “Direct evidence” is the testimony given by a witness who has seen or heard the facts to which he or she testifies. It includes exhibits admitted into evidence during the trial. Evidence may also be used to prove a fact by inference. This is referred to as circumstantial evidence. “Circumstantial evidence” is the proof of facts by direct evidence from which you may infer other reasonable facts or conclusions. For example, if a witness testified that he saw it raining outside, and you believed him, that would be direct evidence it was raining. If someone walked into the courtroom wearing a raincoat covered with drops of water and carrying a wet umbrella, that would be circumstantial evidence from which you could conclude it was raining. You may infer a fact or facts only from other facts that have been proven by the greater weight of the evidence. You may not make one inference from another inference, but you may draw more than one inference from the same facts or circumstances. Direct evidence and circumstantial evidence are of equal weight. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 3 Matters Not Evidence Evidence does not include the formal papers filed on the court docket or any statement of counsel made during the trial. The opening statements and the closing arguments of counsel are designed to assist you; they are not evidence. Statements or answers ordered stricken, or to which this Court sustained an objection, or that you were instructed to disregard, are not evidence and must be treated as though you never heard them. You must not guess why the objection to any question was sustained or what the answer to such question might have been. You must not consider as evidence any suggestion included in a question that was not answered. Credibility You are the judges of the facts, the credibility of the witnesses, and the weight of the evidence. To weigh the evidence, you must consider the credibility or believability of the witnesses. You will apply the tests of truthfulness that you use in your daily lives. These tests include the appearance of each witness upon the stand; his or her manner of testifying; the reasonableness of the testimony; the opportunity he or she had to see, hear, and know the things about which he or she testified; his or her accuracy of memory; frankness or lack of it; intelligence, interest, and bias, if any; together with all the facts and circumstances surrounding the testimony. Use these tests and assign to each witness’ testimony such weight as you think proper. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 4 You are not required to believe the testimony of any witness simply because he or she was under oath. You may believe or disbelieve all or any part of the testimony of any witness. It is your duty to determine what testimony to believe and what testimony not to believe. Some guides for evaluating the testimony include: • • • • • • • Was the witness able to clearly see, hear, or understand the events? How good was the witness’ memory? Was there anything that may have interfered with the witness’ ability to perceive or remember the events? How did the witness act while testifying? Did the witness have any relationship to either party, or anything to gain or lose from the case, that might influence his or her testimony? Was the testimony supported or contradicted by other evidence that you found believable? Was the testimony consistent with prior sworn statements? Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 5 Inconsistent Statements by a Witness You may have heard evidence that a witness made statements before this trial that are inconsistent with his or her testimony here in court. If you find the statements are inconsistent, you may consider the earlier statement in deciding the truthfulness and accuracy of that witness’ testimony in this trial. If the prior statement was not made under oath, you may not use it as evidence of the truth of the matters in that prior statement. However, if that prior statement was made under oath (affidavits or depositions), you may also consider the difference to test the credibility of that witness, or as evidence of the truth of the matters in that prior sworn statement. Depositions Some testimony was presented by way of video deposition. This evidence is to be considered by you the same as if the witness testified live in the courtroom. Also, if prior sworn statements differ from testimony given in the courtroom by the same witness, you may consider the difference to test the credibility of that witness. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 6 Exhibits You will determine what weight, if any, the exhibits should receive in light of all the testimony, no matter who produced the exhibit. The numbering of the exhibits that you take to the jury room may not follow consecutively. There are several reasons for this. Some exhibits may not have been offered, some may be duplicates, or the Court may have rejected the exhibit because of a legal or other ruling. Do not guess or draw any inference because you do not have a particular numbered exhibit. Opinion Testimony Generally, a witness may not express an opinion. However, one who follows a special line of work may express his or her opinion because of his or her education, knowledge, and experience. Such testimony is admitted for whatever assistance it may provide to help you arrive at a just verdict. However, as with other witnesses, the duty of deciding what weight their opinions should be given, rests upon you alone. In determining its weight, you should consider their respective qualifications, skill, experience, knowledge, familiarity with the facts of this case, how they reached their conclusions, and the usual rules for testing credibility and determining the weight to be given to the testimony. * * * 7 Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 This concludes the general instructions on certain preliminary matters -- including the burden of proof, evidence, and the credibility of witnesses. I will now give you the instructions of law on the specific issues in this case. * * * Verdict Form and Questions I will now walk you through the Jury Questions and then the Verdict forms. * * * Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 8

=== Criminal Jury Instructions (before Closing Arguments) ===

CRIMINAL JURY INSTRUCTIONS (before Closing Arguments) You have heard the evidence. Now I will instruct you, and next you will hear final arguments of counsel. The Court and the jury have separate functions: you decide the disputed facts, and the Court provides the instructions of law. It is your sworn duty to accept these instructions and to apply the law as it is given to you. You are not permitted to change the law or to apply your own concept of what you think the law should be. Equality Under the Law In deciding the facts of this case, you must not be swayed by bias or prejudice or favor as to any party. Our system of law does not permit jurors to be governed by prejudice or sympathy or public opinion. Both the parties and the public expect that you will carefully and impartially consider all the evidence in the case, follow the law as stated by the Court, and reach a just verdict based on the evidence. This case should be considered and decided by you as an action between people of equal standing in the community, and holding the same or similar stations in life. Individuals and the Government stand equal before the law and are to be dealt with as equals in a court of justice. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 Indictment A criminal case begins with the filing of an Indictment. The Indictment informs Defendant that he/she has been charged with an offense. The fact it was filed may not be considered for any other purpose. A plea of “not guilty” is a denial of the charge and puts in issue all the essential elements of each offense charged. The Indictment in this case charges the crimes were committed on various dates beginning around [DATE] and continuing through [DATE]. The proof need not establish with certainty the exact dates of the alleged crimes. It is sufficient if the evidence in the case establishes beyond a reasonable doubt the crimes were committed on dates reasonably near the alleged dates. Your job is limited to deciding whether the Government has proved the crimes charged against Defendant. Whether anyone else should be prosecuted and convicted for these crimes is not a proper matter for you to consider. The possible guilt of others is no defense to a criminal charge. Do not let the possible guilt of others influence your decision in any way. Burden of Proof and Reasonable Doubt Defendant pled not guilty to the crimes charged in the Indictment. Therefore, Defendant starts the trial with a clean slate, with no evidence at all against him/her, and the law presumes that he/she is innocent. This presumption of innocence stays with Defendant unless the Government presents evidence here in court that overcomes the presumption, and convinces you beyond a reasonable doubt that Defendant is guilty of a given crime. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 2 This means Defendant has no obligation to present any evidence at all, or to prove to you in any way that he/she is innocent. It is up to the Government to prove Defendant is guilty, and this burden stays on the Government from start to finish. You must find Defendant is not guilty unless the Government convinces you beyond a reasonable doubt that he/she is guilty. The Government must prove every element of each crime beyond a reasonable doubt. Proof beyond a reasonable doubt does not mean proof beyond all possible doubt. Possible doubts or doubts based purely on speculation are not reasonable doubts. A reasonable doubt is a doubt based on reason and common sense. It may arise from the evidence, the lack of evidence, or the nature of the evidence. Proof beyond a reasonable doubt means proof which is so convincing that you would not hesitate to rely and act on it in making the most important decisions in your own lives. If you are convinced that the Government has proved Defendant guilty beyond a reasonable doubt, say so by returning a guilty verdict. If you are not convinced, say so by returning a not guilty verdict. Evidence Evidence is all the testimony received from the witnesses, any exhibits admitted during the trial, and any facts stipulated by counsel. You must make your decision based only on the evidence you saw and heard here in court. Do not let rumors, suspicions, or anything else you may have seen or heard outside this courtroom influence your decision in any way. Evidence may be direct or circumstantial, or both. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 3 “Direct evidence” is the testimony given by a witness who has seen or heard the facts to which he or she testifies. It includes exhibits admitted into evidence. Evidence may also be used to prove a fact by inference. This is referred to as circumstantial evidence. “Circumstantial evidence” is the proof of facts by direct evidence from which you may infer other reasonable facts or conclusions. If a witness testified he saw it raining outside, and you believed him, that would be direct evidence it was raining. If someone walked into the courtroom wearing a raincoat covered with drops of water and carrying a wet umbrella, that would be circumstantial evidence from which you could conclude it was raining. You may not make one inference from another inference, but you may draw more than one inference from the same facts or circumstances. Direct evidence and circumstantial evidence inherently possess the same probative value, and both must be measured by the same standard of proof -- that is, proof beyond a reasonable doubt. It is your job to decide how much weight to give the direct and circumstantial evidence. The law makes no distinction between the weight that you should give to either one, nor does it say that one is any better evidence than the other. You should consider all the evidence, both direct and circumstantial, and give it whatever weight you believe it deserves. You should use your common sense in weighing the evidence, considering it in light of your everyday experience with people and events. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 4 Matters Not Evidence The evidence does not include the Indictment, opening statements, or closing arguments of counsel. The opening statements and closing arguments of counsel are designed to assist you; they are not evidence. Remember that lawyers are not witnesses, and because it is your duty to decide the case solely on the evidence that you see or hear in the courtroom, you must not consider as evidence statements of the lawyers. There is an exception, and that is if the lawyers agree to any fact. Such agreement (called a stipulation or admission) will be brought to your attention, and it will then be your duty to regard such fact as being conclusively proved without the need for further evidence. Also, you must disregard answers to questions stricken by the Court, or that you were instructed to disregard. You must not speculate as to why the Court sustained the objection to any question or what the answer to such question might have been. You must not draw any inference or speculate on the truth of any suggestion included in an unanswered question. Credibility of Witnesses Another part of your job as jurors is to decide how credible or believable each witness was. This is your job, not mine. It is up to you to decide if a witness’ testimony was believable, and how much weight you think it deserves. You are free to believe everything that a witness said, or only part of it, or none of it at all. But you should act reasonably and carefully in making these decisions. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 5 Let me suggest some things for you to consider in evaluating each witness’ testimony: • • • • • • • Was the witness able to clearly see or hear the events? How good was the witness’ memory? Was there anything that may have interfered with the ability of the witness to perceive or remember the events? How did the witness act while testifying? Did the witness have any relationship to the Government or Defendant, or anything to gain or lose from the case, that might influence the witness’ testimony? Did the witness testify inconsistently while on the witness stand, or did the witness say or do something (or fail to say or do something) at any other time that is inconsistent with what the witness said while testifying? Was the witness’ testimony supported or contradicted by other evidence that you found believable? Impeachment by Prior Inconsistent Statement You may have heard testimony here in court from witnesses, other than Defendant, that was different from statements made before trial either in an interview or before a grand jury. This earlier statement was brought to your attention only to help you decide how believable the testimony was. You cannot use it as proof of anything else. However, Defendant’s prior statements may be considered as evidence. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 6 Number of Witnesses Do not make any decisions based solely on the number of witnesses who testified. What is more important is how believable the witnesses were, and how much weight you think their testimony deserves. Concentrate on that, not how many. Testimony of Defendant You have heard Defendant [NAME] testify. You should evaluate Defendant’s testimony using the same considerations of credibility and believability that you use for any other witness. OR Defendant has an absolute right not to testify. The fact that Defendant did not testify cannot be considered by you in any way. Do not even discuss it in your deliberations. Remember that it is up to the Government to prove Defendant guilty beyond a reasonable doubt. It is not up to Defendant to prove he/she is innocent. Exhibits A number of exhibits and testimony relating to them have been introduced or discussed. You will determine what weight, if any, an exhibit should receive in light of all the evidence, no matter who produced the exhibit. The numbering of the exhibits may not follow consecutively. There are several reasons for this. Some exhibits may not have been offered, some may be duplicates, or the Court may have rejected some exhibits because of a legal or other ruling. Do not guess or draw any inference because you do not have a particular numbered exhibit. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 7 Also, you have seen or heard summary evidence in the form of a chart, calculation, or similar material. This summary was admitted because it may assist you in understanding the evidence that was presented. But the summary itself is not evidence of the material it summarizes, and it is only as valid and reliable as the underlying material it summarizes. Inferring Required Mental State The charged offense requires proof of Defendant’s state of mind, such as whether Defendant acted knowingly or with a certain intent. Ordinarily, there is no way that Defendant’s state of mind can be proved directly, because no one can read another person’s mind and tell what that person is thinking. But Defendant’s state of mind can be proved indirectly from the surrounding circumstances. This includes things like what Defendant said, what Defendant did, how Defendant acted, and any other facts or circumstances in evidence that show what was in Defendant’s mind. You may also consider the natural and probable results of any acts that Defendant knowingly did or did not do, and whether it is reasonable to conclude that Defendant intended those results. This, of course, is all for you to decide. Character and Reputation of Defendant You may have heard testimony about Defendant’s good character. You should consider this testimony, along with all the other evidence, in deciding if the Government has proved beyond a reasonable doubt that he/she committed the crime charged. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 8 Other Acts of Defendant You have heard testimony that Defendant committed acts other than the ones charged in the Indictment. If you find Defendant did those acts, you can consider the evidence only as it relates to the Government’s claim about Defendant’s intent, motive, opportunity, plan, knowledge, identity, absence of mistake, or absence of accident. You must not consider it for any other purpose. Remember that Defendant is on trial here only for the crime(s) of [CRIME], not for any other acts. Do not return a guilty verdict unless the Government proves the crime(s) charged in the Indictment beyond a reasonable doubt. * * * This concludes the general instructions on certain preliminary matters. I will now give you instructions of law on the specific issues in this case. * * * Punishment If you decide that the Government has proved Defendant guilty, then it will be my job to decide what the appropriate punishment should be. Deciding what the punishment should be is my job, not yours. It would violate your oaths as jurors to even consider the possible punishment in deciding your verdict. Your job is to look at the evidence and decide if the Government has proved Defendant guilty beyond a reasonable doubt. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 * * * 9

=== Final Jury Instructions ===

FINAL JURY INSTRUCTIONS (after Closing Arguments) DELIBERATION AND VERDICT The evidence is completed. Earlier I instructed you on the law. You have now heard the last from the lawyers. What is next is for me to instruct you on how to conduct your deliberations. When you go to the jury room, your first function will be to select a Foreperson to preside over your deliberations. The Foreperson does not have any greater power than any other juror, and his or her vote does not have any more importance than other votes. The Foreperson serves to help you conduct your deliberations in an orderly manner and give each of you the opportunity to express your opinion. The Foreperson is also responsible for ensuring that you conduct your deliberations in accordance with my instructions. As a reminder, during your deliberations, you must not provide any information to anyone about this case. You may not use any electronic device or service to communicate to anyone any information about this case or to conduct any research about this case. You can only discuss the case in the jury room with your fellow jurors during deliberations. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 With regard to note taking, as I instructed you at the start of the trial, the decision to take notes was purely your own, based upon your own assessment whether notes would assist you in following the evidence. Some of you took extensive notes; others took few notes. This is not significant. What must be stressed is any notes taken by a juror, extensive or few, are not a literal record of the points covered, nor anything close to a literal record. Moreover, you must bear in mind during your deliberations that the memory of a note-taking juror is in no way more or less reliable than the memory of a juror who chose not to take notes. It is your individual recollection of the testimony that must control, and not the existence of any notes. During your deliberations, you are, of course, permitted to take breaks. However, you may not discuss the case unless all members of the jury are present. If you separate briefly to smoke, snack, or get fresh air, you must not discuss the case. Please make sure Laura knows your whereabouts if you leave the jury room. Also, Laura will collect your cell phones during your deliberations. You are to use the phone in the jury room only to call our staff. If you need to contact someone, let Laura know. When you have reached a verdict and signed the verdict form, you will call us, and we will then gather the parties and lawyers back to the courtroom to announce your verdict. Until your verdict is announced in open court, no juror is permitted to disclose to anyone the status of your deliberations or the nature of your verdict. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 2 I cannot include all the law in any single part of the instructions. In considering one portion, you must consider it in the light of, and in harmony with, all the instructions. Whether or not certain instructions are applicable may depend upon the conclusions you reach on the facts. If during your deliberations you are in doubt about a portion of my instructions, the Foreperson should put your question in writing, and call Laura, who will pick up your written question. I will then discuss the question with the lawyers and send back a written response. If for some reason you have an impression that I have indicated how any disputed fact should be decided, you must put aside that impression because that decision must be made by you, based solely upon the facts presented to you in this courtroom. And if during the course of the trial I have said or done anything that you consider an indication of my view on this case, you are instructed to disregard it. [Circumstances in the case may arouse sympathy for one party or the other. Sympathy is a common, human emotion. The law does not expect you to be free of such normal reactions. However, the law, and your oath as jurors, require you to disregard sympathy and not to permit it to influence your verdict.] It is your duty to weigh the evidence, decide the disputed questions of fact, apply the instructions of law to your findings and render your unanimous verdict accordingly. Your duty, and oath, as jurors is to arrive at a fair and just verdict. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 3 Your initial conduct upon commencing deliberations is a matter of importance. It is not wise to immediately express a determination or to insist upon a certain verdict. Having so expressed yourself, your sense of pride may be aroused, and you may hesitate to give up your position even if shown that it is not correct. Consult with one another in the jury room, and deliberate with a view to reaching an agreement if you can do so without disturbing your individual judgment. Each of you must decide the case for yourself. You should do so, however, only after a discussion of the case with the other jurors. Do not hesitate to change an opinion if you become convinced that it is wrong. However, you should not surrender your considered opinion in order to be congenial or to reach a verdict solely because of the opinions of the other jurors. Counsel, anything further? [Dismiss Alternate Juror(s).] [Finally, to assist your discussions, I baked you what I now call a “Deliberation Cake.” Laura will bring that into you with the exhibits, brown envelope, and help you get started.] You may now retire to the jury room. Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 4

=== Civil Voir Dire ===

CIVIL VOIR DIRE Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 Welcome to your United States District Court for the Northern District of Ohio Federal Judges of the Western Division James Carr Jack Zouhary Jeffrey Helmick James Knepp Courtroom Participants  Judge  Deputy Clerk  Court Reporter  US Marshals  Court Security Officers (“CSO’s”)  Law Clerks  Lawyers and the parties they represent  Jury A Little About the Federal Courts: Counties in the Northern District  USA: 94 Federal District Courts  Two Districts in Ohio: Northern and Southern  Two Divisions in the Northern District: Eastern and Western  Western Division:  Two District Court Judges  One Senior Judge  One Magistrate Judge 1 Northern District of Ohio Importance of Jury Duty: Four great civic responsibilities  Serves 6 million people  Courthouses in four cities  19 Judicial Officers  Voting  Paying taxes  Military or Civilian Service nJury duty History and importance of jury trials:  England -- 1066  Replaced trial by ordeal & combat  Mentioned in Declaration of Independence  Trial by Jury -- Appears twice in the U.S. Constitution “Voir dire”  Speak the truth.  Goal: find 12 jurors who can be fair and impartial.  There are no “right” or “wrong” answers.  For our justice system to work -- you must answer openly and honestly.  We respect your privacy -- you may answer in private.  Sometimes you have a duty not to serve. O A T H Trial Schedule  Time commitment (Tuesday-Thursday)  Medical problems?  Personal distractions? 2 Mary Smith v. Ride the Rail, Inc. Case No. 17 CV 123 Parties Plaintiff: Mary Smith Defendant: Ride the Rail, Inc. Lawyers  Plaintiff is represented by: Bob Trucker With the law firm of Trucker & Car  Defendant is represented by: James Roller With the law firm of Roller & Smith Statement of the Case Mary Smith brings this case against Ride the Rail, Inc. for an incident which occurred January 1, 2018 in the railroad yard on located in Ohio. At that time, Smith was employed by Ride the Rail as a conductor and claims to have sustained a permanent injury to her right leg when she fell while dismounting an engine. Smith claims that Ride the Rail was negligent by failing to provide her with a reasonably safe place to work. More specifically, she claims she fell as a result of oil on the sole of her work boot which she picked up while working in the rail yard. Smith claims that as a result of the fall, she underwent three surgeries to her right leg and missed over ten months wages. She also asks for compensation for the pain, suffering, and disability. fall, and claims Ride the Rail denies it was at fault for that Smith was the negligent. Ride the Rail also disputes the nature and extent of the claimed injury and disability. Page 3 3 Familiarity with the Case Potential Witnesses  Do you have any prior knowledge of the people or events of this case?  Talking about the case?  Overhear anyone?  Media reports?  Jane Green  James Red  Tom White  John Yellow Familiarity with Parties / Witnesses  Know anyone?  Have you, an immediate family member, or close friend worked for, or dealt with, Ride the Rail? FELA Congress has passed legislation allowing railroad employees to bring these actions in courts such as this under a law known as the Federal Employers’ Liability Act. Federal laws and regulations control the duties of the parties to this lawsuit, and the applicable law will be given to you by me later in the trial. Workers’ Comp Other Situations In a workers’ compensation claim, money is paid to an injured worker simply because he was injured on the job. To receive workers’ compensation benefits, no one need be at fault. This is not a workers’ compensation claim, and in order to award money to Plaintiff, Plaintiff must prove that Ride the Rail is at fault for his injury. Do you understand this difference? Have you, an immediate family member, or a close friend had any work experience or business dealings with railroad companies? 4 Other Situations Claim for Injury or Illness Have you, an immediate family member, or a close friend ever sustained a leg injury? Have you, an immediate family member, or a close friend filed a claim against your employer for any reason? Filed a WC claim? Legal / Medical Experience an you, immediate family Do member, or a close friend have any special training or experience with the law, medicine, or economics? Damages Do any of you have a personal, philosophical, or religious problem with awarding damages if Plaintiff proves his case, or with returning a verdict for Defendant if Plaintiff fails to do so? Your prior courtroom experience Have you ever been involved in a lawsuit (civil or criminal) as: Plaintiff or Defendant Witness Juror Can you be fair?  Does anyone have a bias for or against those who bring a lawsuit?  Or those who are sued?  Treat both sides the same? 5 Bias or Sympathy Instructions of Law Can you set aside bias or sympathy you might feel for either party, or any and reach a personal verdict based on the facts presented in the courtroom? experience,  You will be provided with written instructions on the application of the law to your deliberations.  Will you follow the law as given to you by me in this case? Take a moment and look around the room: Do you recognize any friends or acquaintances among the prospective jurors? Tell us a little bit about each of you . . . Your --  Education / Training  Employment / What you do  Spouse / Children  Hobbies / Interests / Sports  Books / TV Shows / Movies  May be surprised to know . . . In Conclusion: Is there anything about you that we should know, not yet discussed, bearing on whether you can be a fair and impartial in this case? juror 6

=== Criminal Voir Dire ===

CRIMINAL VOIR DIRE Judge Jack Zouhary United States District Court Northern District of Ohio Rev. 8/2018 Welcome to your United States District Court for the Northern District of Ohio Federal Judges of the Western Division James Carr Jack Zouhary Jeffrey Helmick James Knepp Courtroom Participants  Judge  Deputy Clerk  Court Reporter  US Marshals  Court Security Officers (“CSO’s”)  Law Clerks  Lawyers and the parties they represent  Jury A Little About the Federal Courts: Counties in the Northern District  USA: 94 Federal District Courts  Two Districts in Ohio: Northern and Southern  Two Divisions in the Northern District: Eastern and Western  Western Division:  Two District Court Judges  One Senior Judge  One Magistrate Judge 1 Northern District of Ohio Importance of Jury Duty: Four great civic responsibilities  Serves 6 million people  Courthouses in four cities  19 Judicial Officers  Voting  Paying taxes  Military Service nJury duty History and importance of jury trials:  England -- 1066  Replaced trial by ordeal & combat  Mentioned in Declaration of Independence  Trial by Jury -- Appears twice in the U.S. Constitution “Voir dire”  Speak the truth.  Goal: find 13 jurors who can be fair and impartial.  There are no “right” or “wrong” answers.  For our justice system to work – you must answer openly and honestly.  We respect your privacy – you may answer in private.  Sometimes you have a duty not to serve. O A T H Trial Schedule  Time commitment: 2 trial days  Medical problems?  Personal distractions? 2 United States of America v. John Red Introduction of the Lawyers Does anyone know:  Steve Green?  Members of the U.S. Attorney’s Office? Does anyone know:  Mark Yellow?  Carrie Purple? Statement of the Case Familiarity with the Case This is a criminal case. Defendant is charged with bank fraud and money laundering that allegedly took place in the summer cash withdrawals totaling $40,000 from a business account Defendant had with Bank One. involving 2017 of Defendant denies these charges. Nature of Indictment  Formal charge / Accusation  Not evidence / Not proof of guilt  Differences between Grand Jury and Trial Jury  Ability to put aside any suspicions arising from the filing of charges in this case?  Do you have any prior knowledge of the facts or events of this case?  Talking about the case?  Overhear anyone?  Media reports? Burden of Proof  Ability to apply the presumption of innocence.  Burden of proof on Government.  Defendant not required to testify. 3 Potential Witnesses Fair  Jane Green  James Red  Tom White  John Yellow  Now that you know something more about this case, is there any reason why you could not start with a clean slate and be fair to both sides? Bias Preconceived Notions  Have you, a family member, or close friend ever experienced a life event that would bias you in this case, or affect your impartiality, for or against either side?  Do any you have personal, philosophical, or religious problems hearing a case like this? (If so, we can discuss privately.) Bank Experience Equal Treatment of Witnesses and Parties  Do you or any family member have any experience working with a business bank account, making deposits or withdrawals?  Are you able to treat the Government in this case as you would treat any other private party?  Treat Defendant fairly? 4 Your prior courtroom experience  Have you ever been involved in a lawsuit (civil or criminal) as: Plaintiff or Defendant Witness Juror Instructions of Law  You will be provided with written instructions on the application of the law.  Will you follow the law as given to you by me in this case? Take a moment and look around the room:  Do you recognize any friends or acquaintances among the prospective jurors? Tell us a little bit about each of you . . . Your --  Education / Training  Employment / What you do  Spouse / Children  Hobbies / Interests / Sports  Books / TV Shows / Movies  May be surprised to know . . . In Conclusion:  Is there anything else not yet discussed that we should know in determining whether you can be a fair and impartial in this case? juror 5