Case Management Order; Criminal Order of Referral; Exhibit Procedures; Order Setting Final Pretrial Conference & Attachments (Civil Trial); Order Setting Final Pretrial Conference & Attachments (Criminal Trial); Order Setting Rule 16 Case Management Conference; Trial Conduct and Decorum

=== Case Management Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Name(s), No. CV-XX-XXXXX-XXX-SPL Plaintiff(s), vs. RULE 16 CASE MANAGEMENT ORDER Name(s), Defendant(s). The parties have met and prepared a Joint Rule 26(f) Case Management Report and a Joint Proposed Rule 16 Case Management Order. On the basis of the parties’ submissions, and the Court’s considered assessment of the time necessary to complete discovery and all pretrial submissions, IT IS ORDERED: I. Governing Rules and Preliminary Order Both counsel and pro se litigants must abide by the Local Rules of Civil Procedure (“LRCiv” or “Local Rules”), Rules of Practice of the U.S. District Court for the District of Arizona, and the Federal Rules of Civil Procedure. The Preliminary Order and its Attachments issued in this case are incorporated by reference and remain in effect. To any extent the Preliminary Order differs from this Order, this Order shall govern. II. Joining Parties and Amending Pleadings The deadline for joining parties, amending pleadings, and filing supplemental 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pleadings is Month, Date, Year. Any motion for leave to amend or notice of amendment must be filed in accordance with Rule 15.1 of the Local Rules of Civil Procedure. Any motion or notice that does not comply with the local and federal rules may be stricken by the Court. III. Discovery Discovery Deadline: Following service of Rule 26 Disclosures, broader discovery under Federal Rules of Civil Procedure 26, 30, 31, 33, 34, 36, and 45 may commence. All discovery must be completed on or before Month Day, Year.1 Written Discovery Limitations: Each side may propound up to 25 interrogatories, including subparts. The parties are also limited to 25 requests for production of documents, including subparts, and 25 requests for admissions, including subparts. All interrogatories, requests for production of documents, and requests for admissions shall be served at least forty-five (45) days before the discovery deadline.2 Responses to discovery requests must be stated with specificity; general or boilerplate objections are not permitted. If a party objects to providing relevant information, including an objection that providing the required information would involve disproportionate expense or burden, it must provide particularized information regarding the nature of the objection and its basis, and fairly describe the information being withheld. Where a party limits its response on the basis of privilege or work product, a privilege log is required unless the Court orders otherwise. Fact Depositions: All depositions shall be scheduled to commence at least five (5) working days prior to the discovery deadline. A deposition commenced five (5) days prior 1 This supersedes the “30 days before trial” disclosure deadline. See Fed. R. Civ. P. 26(a)(3). The discovery deadline concludes the time to propound discovery, the time to answer all propounded discovery, the time to supplement disclosures and discovery, the time for discovery by subpoena, the time for the Court to resolve all discovery disputes, and the time to complete any final discovery necessitated by the Court’s ruling on any discovery disputes. 2 The parties may mutually agree in writing, without Court approval, to increase the discovery limitations or extend the time provided for discovery responses in Rules 33, 34, and 36 of the Federal Rules of Civil Procedure. Such agreed-upon increases or extensions, however, shall not alter or extend the discovery deadlines set forth in this Order. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the deadline may continue up until the deadline, as necessary. Depositions shall be limited to seven hours each as provided in Rule 30(d)(1) of the Federal Rules of Civil Procedure. Expert Disclosures: Parties shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than Month Day, Year. Rebuttal expert disclosures, if any, shall be made no later than Month Day, Year. Rebuttal experts shall be limited to responding to opinions stated by initial experts. Absent truly extraordinary circumstances, parties will not be permitted to supplement their expert reports after these dates. Expert Depositions: Expert depositions shall be completed no later than Month Day, Year. Expert depositions shall be scheduled to commence at least five (5) working days before the deadline. Discovery Disputes: Discovery disputes are strongly discouraged. Parties shall not present any discovery dispute without first seeking to resolve the matter through personal consultation and sincere effort as required by LRCiv 7.2(j). In the event the parties cannot reach a resolution, they may jointly request assistance by contacting the Court to request a hearing on the dispute; the parties shall not file written discovery motions without leave of Court. The Court will seek to resolve the dispute during the hearing, and may enter appropriate orders on the basis of the hearing or may order written briefing. If the Court orders written submissions, the parties shall include a statement certifying that counsel could not satisfactorily resolve the matter after personal consultation and sincere efforts to do so in accordance with Local Rule 7.2(j). Absent extraordinary circumstances, the Court will not entertain fact discovery disputes after the deadline for completion of fact discovery, and will not entertain expert discovery disputes after the deadline for completion of expert discovery. Protective Orders: As a general practice, this Court does not approve or adopt blanket, umbrella protective orders or confidentiality agreements, even when stipulated to by the parties. Further, the fact that the parties have designated materials or information as 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 confidential pursuant to an agreement or stipulation does not mean that the Court will order that the filings containing such information be placed under seal. In the event discovery mandates disclosure of specific, harmful, confidential material, the Court will entertain a request for a protective order at that time if it is tailored to protect the particular interests at hand in accordance with Rule 26(c) of the Federal Rules of Civil Procedure. Any party wishing to seal a record or document and shield it from public view must prove why the interest in secrecy outweighs the presumption of public access to judicial records and documents. IV. Motions Dispositive Motion Deadline: Dispositive motions shall be filed no later than Month Day, Year. The Court emphasizes that it has a strict policy that, absent extraordinary circumstances, the dispositive motion deadline will not be extended beyond the two-year anniversary of the date of commencement of an action, and the proposed deadlines should be devised cautiously. Pre-Motion Conferral: Any motion made pursuant to Federal Rule of Civil Procedure 12 is discouraged if the challenged defect in the pleading can be cured by filing an amended pleading. In accordance with LRCiv 12.1(c), the Court therefore requires: (1) conferral – the movant must confer with the opposing party prior to filing a motion to dismiss for failure to state a claim or counterclaim pursuant to Rule 12(b)(6), or a motion for judgment on the pleadings on a claim or counterclaim pursuant to Rule 12(c), to determine whether such motion can be avoided; and (2) certification – the movant must attach a certificate of conferral, certifying that it notified the opposing party of the issues asserted in its motion (in person, by telephone, or in writing), and that the parties conferred but were unable to agree that the pleading was curable in any part by a permissible amendment offered by the pleading party. Any motion lacking an attached compliant certificate may be summarily stricken by the Court. The parties must also confer prior to filing any motion pursuant to Federal Rule of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Civil Procedure 56. In doing so, the parties shall exchange a two-page statement describing any anticipated motion for summary judgment and response, identifying the issues and claims on which summary judgment will be sought and the basis for the motions and response. The purpose of conferral should be aimed at streamlining the issues in dispute, and dispensing of statements of fact. A certificate of conferral must be attached to any motion for summary judgment. Any motion lacking an attached compliant certificate may be summarily stricken by the Court. Motion Limitations: No party shall file more than one motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure without leave of Court. Statements of Fact: Statements of Fact (“SOF”) required by Local Rule 56.1 shall not exceed ten (10) pages in length, exclusive of exhibits. Electronic copies of SOF shall be emailed to the opposing party and to chambers in Microsoft Word® format at [email protected]. Any Controverting SOF, as set forth in Local Rule 56.1(b), shall include the entirety of the SOF in each responsive paragraph. Additional SOF shall continue in numerical sequence. V. Settlement Discussions All parties and their counsel shall meet in person and engage in good faith settlement talks no later than Month Day, Year. Upon completion of such settlement talks, and in no event later than five (5) working days after the deadline for settlement talks, the parties shall file with the Court a joint report on settlement talks executed by or on behalf of all counsel. The report shall inform the Court that good faith settlement talks have been held and shall report on the outcome of such talks. The parties shall indicate whether assistance from the Court is needed in seeking settlement of the case. The parties shall promptly notify the Court at any time when settlement is reached during the course of this litigation. The parties are reminded that they may request to refer this action to a magistrate judge pursuant to LRCiv 83.10 for the purpose of holding a settlement conference (mediation), minitrial, summary jury trial, early neutral evaluation, or other form of dispute resolution. Alternative dispute resolution, however, shall not be used as a reason to delay 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the processing of this case. VI. Final Pretrial Conference If no dispositive motions are pending before the Court after the dispositive motion deadline has passed, the parties shall jointly file and serve a “Notice of Readiness for Final Pretrial Conference” within seven (7) days of the dispositive motion deadline. If a dispositive motion is pending before the Court following the dispositive motion deadline, the parties shall jointly file and serve a “Notice of Readiness for Final Pretrial Conference” within seven (7) days of the resolution of the dispositive motion. Following the filing of the Notice, the Court will issue an Order Setting Final Pretrial Conference that: (1) sets deadlines for briefing motions in limine; (2) includes a form for the completion of the parties’ joint proposed Final Pretrial Order; and (3) otherwise instructs the parties concerning their duties in preparing for the Final Pretrial Conference. A firm trial date will be set at the Final Pretrial Conference. VII. Additional Guidelines Communication with the Court: As a general matter, all communications with the Court should be made on the record. Telephone calls regarding routine administrative matters in civil cases may be directed to chambers at (602) 322-7550. No member of chambers staff will provide the parties with legal advice concerning any matter. Any inquiry regarding the status of any motion or other matter that has been under advisement for more than one hundred and eighty (180) days must be filed in the manner set forth in LRCiv 7.2(n). Emergencies and Expedited Consideration: Any party desiring expedited consideration of a motion or other matter pending before the Court may make such a request by filing a separate Notice for Expedited Consideration which sets forth the grounds warranting accelerated resolution of the related filing and identifies the dates of the imminent events pertinent to the request. Such requests should not be made as a matter of course nor should be made by merely noting it below the title of the related filing. Requests presented to the Court in this manner will not be considered. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oral Argument and Evidentiary Hearings: This Court does not have a preset schedule for setting oral arguments and evidentiary hearings. The Court will schedule oral arguments and evidentiary hearings when warranted and advise the parties accordingly. Any party desiring oral argument should request it by noting it below the title of the related filing, see LRCiv 7.2(f); such requests should be made in instances where it would assist the resolution of the motion, and not merely made as a matter of course. Any party desiring an evidentiary hearing should request it in the body of its filing. Separate motions or requests for oral argument or evidentiary hearings are subject to being stricken or may be modified on the docket to a notice. PDF Text Searchable Format: All electronic filings must be filed in a PDF text searchable format in accordance with LRCiv 7.1(c). Copies: A paper copy of any document exceeding ten (10) pages in length shall be submitted to chambers promptly following its electronic filing. Paper copies of documents which are too large for stapling must be submitted in a three-ring binder. Electronic copies of proposed orders or findings shall be emailed to chambers in Microsoft Word® format at [email protected]. Font: All memoranda filed with the Court must comply with Local Rule of Civil Procedure 7.1(b) requiring 13 point font in text and footnotes. Citations: Citations in support of any assertion in the text shall be included in the text, not in footnotes. VIII. Final Advisals Noncompliance: The parties are specifically admonished that failure to prosecute, to comply with court orders, or to comply with the local and federal rules may result in dismissal of all or part of this case, imposition of sanctions, or summary disposition of matters pending before the Court. See Fed. R. Civ. P. 41; LRCiv 7.2 (“[i]f a motion does not conform in all substantial respects with the requirements of [the Local Rules], or if the opposing party does not serve and file the required answering memoranda… such noncompliance may be deemed a consent to the denial or granting of the motion and the 7 Court may dispose of the motion summarily”). Deadline Extensions: The parties are advised that the Court intends to enforce the deadlines and guidelines set forth in this Order, and they should plan their litigation activities accordingly. Even if all parties stipulate to an extension, the Court will not extend the deadlines absent good cause to do so. As a general matter, the pendency of settlement discussions or the desire to schedule mediation does not constitute good cause. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of Change of Plea and Admission Hearings, Admit/Deny Hearings on Petitions for Revocation of Probation, and Admit/Deny Hearings on Petitions for Revocation of Supervised Release. ORDER Pursuant to 28 U.S.C. § 636(b)(3), 18 U.S.C. § 340l(i), and Local Rules of Criminal Procedure 57.6(4), I hereby refer the following proceedings to a United States 16 Magistrate Judge for hearing and preparation of findings and recommendations: 17 18 19 20 21 22 23 24 25 26 27 28 • Change of Plea Hearings • Admit/Deny Hearings on Petitions for Revocation of Probation • Admit/Deny Hearings on Petitions for Revocation of Supervised Release • Admissions to violations of Supervised Release or Probation • Evidentiary revocation hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11 of the Federal Rules of Criminal Procedure. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant ( 1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charges(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the 2 3 charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the 4 District Court. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. DATED this L I'll:. day of July, 2014. 2

=== Exhibit Procedures ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT AND TRIAL MATERIAL INSTRUCTIONS United States District Judge Steven P. Logan THE PARTIES ARE RESPONSIBLE FOR THE MARKING AND LISTING OF EXHIBITS, NOT THE COURTROOM DEPUTY, AND DELIVERY OF EXHIBITS AND OTHER TRIAL MATERIALS AS FOLLOWS. 1. Delivery As set forth by the Order Setting Final Pretrial Conference, trial exhibits and deposition transcripts shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. The parties shall arrange a time with the Courtroom Deputy for the delivery of the trial materials. The Courtroom Deputy may be contacted as follows: Courtroom Deputy: Molly Williams Phone: (602) 322-7204 Email: [email protected] 2. Exhibit Lists As set forth in the Order Setting Final Pretrial Conference, exhibit lists shall be emailed to the Courtroom Deputy no later than five (5) days prior to trial. At the time of delivery of the exhibits, the parties shall provide the Courtroom Deputy with one (1) original and two (2) copies of the exhibit list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the exhibit list. Exhibits may be listed on the exhibit list attached or in a Microsoft Word® document that mirrors the same format. Be sure to leave enough space to add additional information, such as subparts and additional exhibits. Each page shall be completed to the end or finished with blank blocks. Extra blank pages for the exhibit lists should also be provided. The exhibit number and description should start the top of each block. Use brief descriptions. /// /// 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Witness Lists As set forth in the Order Setting Final Pretrial Conference, witness lists shall be emailed to the Courtroom Deputy no later than five (5) days prior to trial. At the time of delivery of the exhibits, the parties shall also provide the Courtroom Deputy with one (1) original and two (2) copies of the witness list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the witness list. Witnesses may be listed on the witness list attached or in a Microsoft Word® document that mirrors the same format. Provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces provided at the end of the list. Extra blank pages for the witness lists should also be provided. 4. Numbering of Exhibits The parties shall number the exhibits. Court time will not be used for the marking of exhibits and failure to comply with this directive will result in exhibits being remarked by the parties. The parties shall consult with one another prior to marking exhibits to avoid marking duplicates as set forth in the Order Setting Final Pretrial Conference. If Plaintiff marks a document, Defendant should not mark the same document. The exhibits are considered court exhibits, not Plaintiff or Defendant exhibits. Either side may move the other’s exhibits into evidence. Blocks of numbers are assigned to each side: Plaintiff begins with number 1 through the estimated number of exhibits. Defendant begins with numbers following Plaintiff’s block of numbers (e.g., Plaintiff 1 - 80; Defendant 100 - 150). The blocks of numbers should allow space for additional exhibits marked during trial. Please contact the Courtroom Deputy to arrange number block assignments. The parties should only use numbers when identifying subparts of exhibits (e.g., subparts of Exh. No. 3: 3-1, 3-2, 3-3). Blocks of numbers may be used to categorize exhibits (e.g., series 1 - 99 are bank records; series 100 - 199 are tax returns; series 200 - 299 are photographs; etc.). Categorizing exhibits should be kept as simple and clear as possible. In 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bulky documents, BATES stamp numbers may be placed on each page in the bottom right corner and can be continuously numbered for easy reference. 5. Use of Exhibit Cover Sheets and Labels The parties shall use the exhibit cover sheet attached to affix to each exhibit. The parties shall print the exhibit cover sheets on colored paper; Plaintiff cover sheets should be , and Defendant cover sheets should be . The exhibit cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila file folder numbered to correspond with the exhibit number. Prepare extra cover sheets to use for exhibits marked during trial. If the paper exhibit is too large to staple, use a 2-hole fastener to fasten the exhibit together at the top of the page, with an exhibit cover sheet attached to the front of the exhibit. If the exhibit is a photograph or item smaller than 8” x 10”, staple it to an exhibit cover sheet or place an exhibit label on the reverse side, lower right-hand corner. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or may be marked in a logical location on the item or on the plastic bag containing the item. Large diagrams, charts, drawings, and other demonstrative or visual evidence should be identified in the lower right-hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a subpart of the smaller exhibit. If exhibit labels are required, the parties shall request them from the Courtroom Deputy no less than five (5) days prior to trial. As with exhibit cover sheets, Plaintiff labels should be , and Defendant labels should be . 6. Use of Folders and Boxes Place exhibits loosely in manila file folders so that the exhibits may be pulled out of the folder during trial. Do not attach the exhibit to the manila file folder. Label the top of the folder to identify the exhibit number. Provide extra folders to the Courtroom Deputy for exhibits marked during trial. Place the exhibit folders in a box in numerical order. Mark the outside of the box to indicate which exhibits are contained within it. Leave room in the box for any extra exhibits that may be submitted during trial. Do not place trial 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 exhibits in binders. 7. Stipulated Exhibits THE PARTIES MAY AGREE TO THE ADMISSION OF EXHIBITS BEFORE TRIAL. THE PARTIES SHALL INDICATE WHICH EXHIBITS THE PARTIES STIPULATE TO BE MARKED AS ADMITTED INTO EVIDENCE BY PLACING AN “X” IN THE COLUMN ENTITLED “STIPULATED’ NEXT TO THE CORRESPONDING EXHIBIT ON THE EXHIBIT LIST ATTACHED. 8. Redacted Exhibits ANY REDACTIONS TO THE EXHIBITS SHALL BE COMPLETED BY THE PARTIES PRIOR TO TRIAL. IF DURING THE COURSE OF TRIAL REDACTIONS ARE NECESSARY, IT IS THE RESPONSIBILITY OF THE PARTIES TO IMMEDIATELY PROVIDE PROPERLY REDACTED VERSIONS TO THE COURTROOM DEPUTY. 9. Impeachment Exhibits As set forth in the Order Setting Final Pretrial Conference, impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial in a sealed envelope. Each envelope should be marked with: (1) the caption of the case; (2) case number; and (3) the party presenting the exhibit. If there is more than one impeachment exhibit, each sealed envelope should be marked with a separate alphabetical letter for easy retrieval (e.g., A, B, C) and the Courtroom Deputy will assign it the next available trial exhibit number if used at trial. The offering party shall be prepared to provide the Courtroom Deputy with a brief identifying description of the exhibit when offered at trial. The parties are cautioned that if an exhibit has value in addition to impeachment, it is not an impeachment exhibit and must be marked, listed, and delivered in the manner prescribed for non-impeachment exhibits. 10. Depositions The party offering a deposition or a portion of a deposition shall provide a certified copy of the transcript in accordance with the federal rules. As set forth in the Order Setting 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Pretrial Conference, final portions of depositions to be used at trial shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. Depositions are not to be marked as exhibits. Depositions shall be placed in alphabetical order at the time they are delivered to the Courtroom Deputy. 11. Sensitive Exhibits At trial, the Courtroom Deputy will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the parties until court resumes. 12. Return of Exhibits All exhibits are returned to the respective parties for custody at the conclusion of trial pending all appeals unless otherwise ordered by the Court. If a Notice of Return of Exhibits is issued and the exhibits are not retrieved within thirty (30) days, the exhibits may be subject to destruction or otherwise disposed of. 13. Courtroom Technology The parties are encouraged to use the document camera or any other audio and video equipment available in the courtroom for presentation of evidence during trial. Should the parties have questions or wish to test courtroom equipment, they may contact the Courtroom Deputy at (602) 322-7204, but must do so no later than two (2) weeks prior to trial. Information regarding the use of courtroom technology can be found on the District Court’s website under “Electronic/Video Courtroom Equipment Information – Phoenix,” located at http://www.azd.uscourts.gov/judges/judges-orders. 14. Courtesy Copies for Judge Exhibits: A courtesy copy of trial exhibits should be provided to the Judge at the time of the delivery of the trial exhibits. Exhibits should be placed in 3-ring binders with numbered tabs to correspond with the exhibit numbers. The Judge’s copies should not have original exhibit covers sheets on them. The parties should also provide the Judge with a CD-ROM disc or USB flashdrive containing an electronic copy of paper exhibits offered. /// 5 Impeachment Exhibits: A courtesy copy of impeachment exhibits for the Judge should also be provided to the Courtroom Deputy. The courtesy copy of an impeachment exhibit should be provided in a sealed envelope and marked “courtesy copy” along with an alphabetical letter for easy retrieval (e.g., A, B, C). Depositions: The Judge should be provided with a courtesy copy of any deposition to be used at trial. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one (1) copy of such deposition shall be provided. Plaintiff shall highlight in the portions it wishes to offer, and Defendant shall highlight in the portions it wishes to offer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

=== Order Setting Final Pretrial Conference & Attachments (Civil Trial) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , No. CV- Plaintiff(s), vs. ORDER SETTING FINAL PRETRIAL CONFERENCE , Defendant(s). Pursuant to Rule 16 of the Federal Rules of Civil Procedure, the Court enters the following Order. IT IS ORDERED: I. FINAL PRETRIAL CONFERENCE A Final Pretrial Conference is set for Month Day, Year, before the Honorable Judge Steven P. Logan, United States District Judge, in Courtroom 501, Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Counsel who will be responsible for trial of the lawsuit for each party, and any party that is not represented by counsel, shall appear and participate in the Final Pretrial Conference. The parties shall bring their calendars in preparation to discuss trial scheduling. II. JOINT PROPOSED FINAL PRETRIAL ORDER The parties shall develop and exchange drafts of the Joint Proposed Final Pretrial Order no later than fourteen (14) days before the submission deadline. The Joint Proposed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Final Pretrial Order shall include, but not be limited to, the content prescribed in Attachment A. The parties shall jointly file the Joint Proposed Final Pretrial Order with the Clerk of Court no later than [three weeks prior to FPTC] Month Day, Year.1 The parties shall also email the Joint Proposed Final Pretrial Order to [email protected] in Microsoft Word® format. III. JURY TRIAL PLEADINGS If the case is to be tried by jury, contemporaneously with the filing of the Joint Proposed Final Pretrial Order, the parties shall also jointly file with the Clerk of Court, and email to [email protected] in Microsoft Word® format, each of the following: 1. Joint Stipulated Description of the Case The parties shall jointly file as a separate pleading a stipulated description of the case to be read to the jury. If the parties have any disagreement about the statement, the party objecting shall state the reason for its objection below the statement and offer an alternative statement. 2. Joint Proposed Voir Dire Questions and Lists The parties shall jointly file as a separate pleading Joint Proposed Voir Dire. The parties shall use the Court’s proposed set of voir dire questions in Attachment B, and supplement them as appropriate. The parties shall place an asterisk (*) next to the questions added. Supplemental questions shall be drafted in a neutral manner. The parties shall be limited to proposing six (6) supplemental questions each, or twelve (12) questions in total. In the section entitled “Witnesses and Third Parties” the parties shall jointly list the name of every witness who may be called at trial. (See Attachment B, Question 6.a.) The parties shall also jointly list the name of any third party materially relevant to this case (but 1 Preparation and lodging of the Joint Proposed Final Pretrial Order and Trial Pleadings in accordance with the requirements of this Order shall be deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil Procedure. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 who will not be called as a witness) whose relationship with a juror could affect their ability to serve fairly and impartially. (See Attachment B, Question 6.b.) To the extent possible, the parties shall stipulate to the proposed voir dire questions. If the parties have any disagreement about a particular question, the party objecting shall state the reason for its objection below the question. 3. Joint Proposed Jury Instructions The parties shall jointly file as a separate pleading Joint Proposed Jury Instructions as follows. Form of Proposed Instructions: The parties shall include the full text of each instruction with source citations, including model and standardized instructions. Each proposed instruction shall begin on a new page. The proposed instructions shall be set forth in two sections: (A) Preliminary Instructions: The parties shall set forth the preliminary instructions to be read to the jury before opening statements. The parties shall set forth the instructions in the order in which they propose them to be read to the jury. (B) Final Instructions: The parties shall set forth the final instructions to be read to the jury after closing arguments. The parties shall set forth the instructions in the order in which they propose them to be read to the jury. If either party seeks to have any preliminary instruction repeated as part of the final instructions, that instruction should be restated. Stipulated or Disputed: At the top of each instruction, the parties should indicate whether the instruction is stipulated-to or disputed. If the instruction is disputed, the party proposing the instruction shall state its authority to support the requested instruction. The party opposing the instruction shall state all objections to such instruction immediately following the instruction and the opposing party’s authority for such objection. If the opposing party offers an alternative instruction, such alternative instruction shall immediately follow the opposing party's objection. The opposing party may not submit a 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 new instruction on the topic rather than offer an alternative instruction to the proposing party's instruction.2 Noncompliance: Absent a showing of good cause, the failure to: (1) submit a proposed instruction; (2) follow these directions; or (3) make a timely objection as provided by this Order shall result in the instruction being refused or the objection being deemed waived. 4. Joint Proposed Forms of Verdict The parties shall file as a separate pleading Joint Proposed Forms of Verdict. The proposed form of verdicts to be given to the jury at the end of the trial shall include any proposed special verdict forms or juror interrogatories. If the parties have any disagreement about the form of verdict, the party objecting shall state the reason for its objection below the proposed verdict and offer an alternative verdict. IV. BENCH TRIAL PLEADINGS Proposed Findings of Fact and Conclusions of Law. If the case is to be tried by the Court (Bench Trial), contemporaneously with the filing of the Joint Proposed Final Pretrial Order, each party shall file with the Clerk of Court Proposed Findings of Fact and Conclusions of Law. The parties shall also email the Proposed Findings of Fact and Conclusions of Law to [email protected] in Microsoft Word® format. V. MOTIONS IN LIMINE If the case is to be tried by jury, the parties shall file and serve all Motions in Limine no later than Month Day, Year [three weeks prior to FPTC]. Responses to Motions in Limine are due no later than Month Day, Year [two weeks prior to FPTC]. The motions and responses must be concise and shall not exceed three (3) pages in length. No replies shall be filed. Each motion in limine shall include the legal basis supporting it and the proposed language for the order in limine being sought from the Court. The proposed language shall 2 party is Plaintiff. If the parties cannot agree who should be the proposing party, the default proposing 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. The parties shall be prepared to argue the merits of such motions at the Final Pretrial Conference. VI. EXHIBITS No later than fourteen (14) days before the submission deadline for the Joint Proposed Final Pretrial Order, the parties shall meet in person and exchange marked copies of all exhibits to be used at trial. While meeting to exchange exhibits, the parties shall eliminate any duplicate exhibits. The numbering of the exhibits as listed in the Joint Proposed Final Pretrial Order shall correspond to the numbering of the exhibits at trial. Any exhibit not marked and exchanged at this meeting shall be precluded at trial.3 Exhibits shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. Impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial (not the day a witness testifies). A courtesy copy of the exhibits shall be provided to the Court at the time of the delivery of the trial exhibits. The parties shall mark, list, and deliver exhibits in the manner prescribed in Attachment C. During trial, the parties shall advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits shall be shown to opposing counsel before being offered. VII. DEPOSITIONS Portions of depositions to be used at trial shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. Depositions shall be submitted in the manner as prescribed in Attachment C. VIII. EXHIBIT AND WITNESS LISTS Exhibit and Witness Lists shall be emailed to the Courtroom Deputy at [email protected] no later than five (5) days prior to trial. The parties shall complete and provide such lists in the manner prescribed in Attachment C. 3 their openings statements and closing arguments. The parties shall be permitted to use Microsoft Powerpoint® presentations during 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IX. INFORMATION FOR THE COURT REPORTER A “Joint Notice to Court Reporter” shall be emailed to Court Reporter at Elva_Cruz- [email protected] no later than seven (7) days prior to trial. The Notice shall contain the following information: 1. Trial Terms and Names: a. Proper names, including those of witnesses; b. Acronyms; c. Geographic locations; d. Technical (including medical) terms, names or jargon; e. Case names and citations; and f. Pronunciation of unusual or difficult words or names; 2. Feed and Transcript: Whether either party requests a real-time feed and/or daily transcript of trial proceedings; and 3. Deposition(s): Concordance from key depositions. X. SETTLEMENT The parties shall keep the Court informed of the possibility of settlement and, should settlement be reached, the parties shall promptly present a Stipulation and Order of Dismissal for signature by the Court. Mere Notice of Settlement or notification by phone or email of settlement shall not suffice to vacate the trial date, nor excuse the parties from being ready and able to proceed with trial at the time and on the date set for trial. Should the parties untimely request dismissal the day of trial, sanctions may be imposed, such as imposition of jury administrative costs. /// /// /// /// /// /// 6 ADVISAL BY THE COURT Pursuant to Rule 37(c) of the Federal Rules of Civil Procedure, the Court will not allow the parties to offer an exhibit, a witness, or other information at trial that was not: (1) disclosed in accordance with the provisions of this Order; (2) disclosed in accordance with the provisions of the Federal Rules of Civil Procedure; and (3) listed in the Joint Proposed Final Pretrial Order, unless the offering party can show good cause as to why such party failed to comply with these requirements. ATTACHMENTS Attachment A Joint Proposed Final Pretrial Order Attachment B Voir Dire Questions Attachment C Exhibit and Trial Material Instructions Attachment C-1 Exhibit List Form Attachment C-2 Witness List Form Attachment C-3 Exhibit Cover Sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA , Plaintiff(s), vs. Defendant(s). , No. CV- JOINT PROPOSED FINAL PRETRIAL ORDER The following is the Joint Proposed Final Pretrial Order to be considered at the Final Pretrial Conference set for ________________________. 1. TRIAL COUNSEL FOR THE PARTIES A. B. Plaintiff(s): Defendant(s): Note: The name(s), mailing address, email address(es), office phone number and facsimile number shall be included for each party. 2. STATEMENT OF JURISDICTION A. Cite the statute(s) which gives this Court jurisdiction. Example: Jurisdiction in this case is based on diversity of citizenship under 28 U.S.C. § 1332. B. State whether jurisdiction is or is not disputed. Note: If jurisdiction is disputed, the party contesting jurisdiction shall set forth with specificity the bases for the objection. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. STIPULATIONS AND UNCONTESTED FACTS AND LAW A. The following material facts are admitted by the parties and require no proof: B. The following material facts, although not admitted, will not be contested at trial by evidence to the contrary: C. The following issues of law are uncontested and stipulated to by the parties: Note: Statements shall not be in the form of a question, but shall be a concise narrative statement of each party’s contention as to each uncontested and contested issue. 4. CONTESTED ISSUES OF FACT AND LAW A. The following are the material issues of fact to be tried and decided: Note: Statements shall not be in the form of a question. Each issue of fact must be stated separately and in specific terms. Each party’s contention must be set forth with respect to each and every issue of fact. Example: Issue #1: Whether Plaintiff used due care. Plaintiff Contends: Plaintiff looked both ways before crossing street . . . . Defendant Contends: Plaintiff ran out into the street without looking . . . . B. The following are the issues of law to be determined:1 Note: Statements shall not be in the form of a question. Each issue of law must be stated separately in specific terms. Each party’s contention must be set forth with respect to each and every issue of law. Example: Issue #1: Whether Plaintiff’s suit is barred by the doctrine of laches. Plaintiff Contends: . . . Defendant Contends: . . . 1 Contested Issues of Law: As to any issue of law, a party may file a short trial brief (not to exceed five pages) on the issue of law contemporaneously with the filing of the Joint Proposed Final Pretrial Order. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. LIST OF WITNESSES A. Each party shall separately list the names of witnesses,2 their addresses, whether they are fact or expert witnesses, and a brief description of the testimony of each witness. The witnesses shall be grouped as follows: (i) witnesses who shall be called at trial; (ii) witnesses who may be called at trial; and (iii) witnesses who are unlikely to be called at trial. B. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that it is responsible for ensuring that the witnesses it wishes to call to testify are subpoenaed. Each party further understands that any witness a party wishes to call shall be listed on that party’s list of witnesses; the party cannot rely on the witness having been listed or subpoenaed by another party. 6. LIST OF EXHIBITS A. The following exhibits are admissible in evidence and may be marked in evidence by the Courtroom Deputy: Plaintiff(s) Exhibits: Defendant(s) Exhibits: B. As to the following exhibits, the parties have reached the following stipulations: Plaintiff(s) Exhibits: Defendant(s) Exhibits: C. As to the following exhibits, the party against whom the exhibit is to be offered objects to the admission of the exhibit and offers the objection stated below: 2 purposes. The parties shall not list witnesses which will be used only for impeachment 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff(s) Exhibits: Example: Exhibit No. 6: City Hospital records of Plaintiff from March 6, 1985 Objection: Defendant objects for lack of foundation because (the objection must specify why there is a lack of foundation) Defendant(s) Exhibits: Example: Exhibit No. 10: Payroll records of Plaintiff’s employer which evidence payment of Plaintiff’s salary during hospitalization and recovery. Objection: Plaintiff objects on grounds of relevance and materiality because… (the objection must specify why the exhibit is not relevant or material) D. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that any objections not specifically raised herein are waived. 7. LIST OF DEPOSITIONS A. The parties shall list the depositions that may be used at trial. The portions to be read or submitted at trial shall be identified by page and line number. Counter- designations (if any) to proposed deposition testimony shall also be listed in this section. B. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that any deposition not listed as provided herein will not be allowed at trial, absent showing of good cause. 8. MOTIONS IN LIMINE A. Jury Trial: The parties shall include this section in the Joint Proposed Final 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pretrial Order if this case is to be tried by jury. B. Motions in Limine shall be filed as separate pleadings and responded to in accordance with the instructions contained in the Order Setting Final Pretrial Conference. C. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that Motions in Limine [have been/will be] filed separately and responded to in accordance with the Order Setting Final Pretrial Conference. 9. LIST OF PENDING MOTIONS List all pending motions other than separately filed Motions in Limine. 10. JURY DEMAND State whether a jury trial has or has not been requested. If a jury trial has been requested, indicate the appropriate selection: A. B. The parties stipulate that the request was timely and properly made; The parties stipulate that the request was timely and properly made, but jointly withdraw any demand for jury trial and jointly consent to try this case to the Court (Bench Trial); C. The (Plaintiff or Defendant) contends that the request was untimely made because… (explain why request was untimely); or D. The (Plaintiff or Defendant) contends that although the request for trial by jury was timely, the request is otherwise improper as a matter of law because… (indicate the legal basis for why a jury trial is improper) 11. JURY TRIAL PLEADINGS A. Jury Trial: The parties shall include this section in the Joint Proposed Final Pretrial Order if this case is to be tried by jury. B. Joint Proposed Jury Instructions, Joint Proposed Voir Dire Questions and Lists, and Joint Proposed Forms of Verdict. The parties shall jointly file as separate pleadings Joint Proposed Jury Instructions, Joint Proposed Voir Dire Questions and Lists, 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and Joint Proposed Forms of Verdict in accordance with the instructions contained in the Order Setting Final Pretrial Conference. C. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that Joint Proposed Jury Instructions, Joint Proposed Voir Dire Questions and Lists, and Joint Proposed Forms of Verdict have been filed separately in accordance with the Order Setting Final Pretrial Conference and are incorporated herein by reference. 12. BENCH TRIAL PLEADINGS A. Bench Trial: The parties shall include this section in the Joint Proposed Final Pretrial Order if this case is to be tried by the Court. B. Proposed Findings of Fact and Conclusions of Law. Each party shall file as a separate pleading Proposed Findings of Fact and Conclusions of Law in accordance with the instructions contained in the Order Setting Final Pretrial Conference. C. The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order. Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that Proposed Findings of Fact and Conclusions of Law have been filed separately by each party in accordance with the Court’s Order Setting Final Pretrial Conference and are incorporated herein by reference. 13. ESTIMATED LENGTH OF TRIAL hours – Jury Selection (if applicable) __ hours – Opening Statements __ hours – Plaintiff’s Case (including rebuttal, if any) __ hours – Defendant’s Case __ hours – Closing arguments __ hours – Total 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. PROPOSED TRIAL DATES The parties shall propose at least two blocks of trial dates within 120 days of the date of the Final Pretrial Conference. Trial will not be held on Mondays, and therefore no proposed start date should be a Monday. 15. PROCEDURES FOR EXPEDITING TRIAL The parties shall discuss and report on all available procedures that might be used to expedite trial, including but not limited to: (A) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (B) editing videotaped depositions to limit the amount of time required for presentation; (C) using summary exhibits in place of voluminous documentary evidence; (D) stipulations on authenticity and foundation; (E) presenting direct expert testimony through summary or written reports; (F) using the courtroom technology to expedite the presentation of evidence. 16. CERTIFICATIONS The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: By signing this Joint Proposed Final Pretrial Order, the undersigned counsel for each of the parties in this action do hereby certify and acknowledge the following: 1. All discovery has been completed. 2. opposing counsel. The identity of each witness has been disclosed to 3. numbered; and (3) has been disclosed and shown opposing counsel. Each exhibit list herein: (1) is in existence; (2) is to The parties have complied in all respects with the 4. mandates of the Court’s Rule 16 Case Management Order and the Order Setting Final Pretrial Conference. The parties have made all of the disclosures required 5. by the Federal Rules of Civil Procedure (unless otherwise previously ordered to the contrary). The parties acknowledge that once this Joint Proposed 6. Final Pretrial Order has been signed and lodged by the parties, no amendments to the Order can be made without leave of Court. 7 17. MODIFICATION OF FINAL PRETRIAL ORDER The parties shall include the following text in this section of the Joint Proposed Final Pretrial Order: Each party hereby acknowledges by signing this Joint Proposed Final Pretrial Order that the Court may, in order to prevent manifest injustice or for good cause shown, at the trial of the action or prior thereto upon application of counsel for either party, made in good faith, or upon the motion of the Court, modify the Final Pretrial Order upon such conditions as the Court may deem just and proper. APPROVED AS TO FORM AND CONTENT: Attorney for Plaintiff(s) Attorney for Defendant(s) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT B CIVIL VOIR DIRE QUESTIONS 1. Statement of the Case a. Have any of you read or heard anything about this case from any source whatsoever? b. Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? 2. Plaintiff(s) a. Plaintiff and Plaintiff’s Counsel please stand. b. The Plaintiff in this case is Name. Plaintiff is represented by Firm. c. Do any of you know these individuals on any basis, social, professional or otherwise? d. Do any of you know any of the employees in counsel’s office on any basis, social, professional or otherwise? e. (If Plaintiff is a business) Have any of you ever had a business or employment relationship of any kind with Plaintiff? 3. Defendant(s) a. Defendant and Defendant’s Counsel please stand. b. The Defendant in this case is Name. Defendant is represented by Firm. c. Do any of you know these individuals on any basis, social, professional or otherwise? d. Do any of you know any of the employees in counsel’s office on any basis, social, professional or otherwise? e. (If Defendant is a business) Have any of you ever had a business or employment relationship of any kind with Defendant? 4. Jurors a. Did anyone among this jury panel know each other, or work together or serve 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on jury panels together before assembling here today? 5. Time Qualify & Hardship a. I expect to conduct trial on these dates and times: b. Would the length of the trial create an undue hardship for any of you? c. Does anyone have any problem with vision, hearing, or anything that would cause you to have difficulty from observing and sitting for long periods of time? d. Do any of you have any other physical difficulty, health problems, or home problems that might interfere with your ability to serve as a juror in this case? 6. Witnesses and Third Parties a. During the trial of this case, witnesses may be called to testify on behalf of the parties. Do any of you know or have you ever heard of any of these people? b. Do any of you know or have you ever heard of any of these people? c. (If response is yes) Would your knowledge or experience with any of these parties or organizations affect your ability to serve fairly and impartially in this case? 7. Prior Litigation & Relevant Past a. Have any of you or members of your family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? 8. Legal Knowledge and Application a. This is a civil case which is to be decided by the preponderance of the evidence. This is different from a criminal case where the government has to prove its case beyond a reasonable doubt. Does anyone have a problem applying a lower burden of proof than used in a criminal case? b. Do any of you or any of the members of your family have any legal training? c. I will instruct you on the law at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Do any of you think you would have trouble following the law if you disagree with it? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. If selected as a juror, would any of you have trouble rendering a verdict based solely on the evidence presented during the trial, setting aside any personal beliefs, opinions, or biases you might have? e. Do any of you have strong feelings either for or against a party who brings a lawsuit? 9. Easel Questions a. Starting with Juror Number One, please stand and answer the questions. (1) Juror number (2) The general location of your residence (3) Length of time at current residence (4) Education after high school, if any. State your major (5) Marital status (6) Number of children. Ages of children if under 18 (7) Employment Yourself – current job and types of jobs throughout lifetime Spouse – current job and types of jobs throughout lifetime (8) Prior jury service – civil or criminal 10. Final Questions a. Does anyone have any other reason whatsoever that they believe will preclude him or her from serving as a fair and impartial juror in this case? b. Counsel for Plaintiff, do you have any further questions at this time?1 c. Counsel for Defendant, do you have any further questions at this time? 11. Private Questions a. If a juror wishes to answer a question privately, he or she will be requested, by number, to remain in the courtroom during recess. 1 At this stage, the parties may only ask follow-up questions to the responses generated by the jurors. In other words, counsel may not propound new questions to the entire panel (e.g., “do any of you” or “has anyone…”). If there are new questions to be addressed that not were previously submitted to the Court, the parties may request permission by sidebar. ATTACHMENT C EXHIBIT AND TRIAL MATERIAL INSTRUCTIONS THE PARTIES ARE RESPONSIBLE FOR THE MARKING AND LISTING OF EXHIBITS, NOT THE COURTROOM DEPUTY, AND DELIVERY OF EXHIBITS AND OTHER TRIAL MATERIALS AS FOLLOWS. 1. Delivery As set forth by the Order Setting Final Pretrial Conference, trial exhibits and deposition transcripts shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. The parties shall arrange a time with the Courtroom Deputy for the delivery of the trial materials. The Courtroom Deputy may be contacted as follows: Courtroom Deputy: Molly Williams Phone: (602) 322-7204 Email: [email protected] 2. Exhibit Lists As set forth in the Order Setting Final Pretrial Conference, exhibit lists shall be emailed to the Courtroom Deputy no later than five (5) days prior to trial. At the time of delivery of the exhibits, the parties shall provide the Courtroom Deputy with one (1) original and two (2) copies of the exhibit list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the exhibit list. Exhibits may be listed on the exhibit list attached or in a Microsoft Word® document that mirrors the same format. Be sure to leave enough space to add additional information, such as subparts and additional exhibits. Each page shall be completed to the end or finished with blank blocks. Extra blank pages for the exhibit lists should also be provided. The exhibit number and description should start the top of each block. Use brief descriptions. 3. Witness Lists As set forth in the Order Setting Final Pretrial Conference, witness lists shall be emailed to the Courtroom Deputy no later than five (5) days prior to trial. At the time of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 delivery of the exhibits, the parties shall also provide the Courtroom Deputy with one (1) original and two (2) copies of the witness list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the witness list. Witnesses may be listed on the witness list attached or in a Microsoft Word® document that mirrors the same format. Provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces provided at the end of the list. Extra blank pages for the witness lists should also be provided. 4. Numbering of Exhibits The parties shall number the exhibits. Court time will not be used for the marking of exhibits and failure to comply with this directive will result in exhibits being remarked by the parties. The parties shall consult with one another prior to marking exhibits to avoid marking duplicates as set forth in the Order Setting Final Pretrial Conference. If Plaintiff marks a document, Defendant should not mark the same document. The exhibits are considered court exhibits, not Plaintiff or Defendant exhibits. Either side may move the other’s exhibits into evidence. Blocks of numbers are assigned to each side: Plaintiff begins with number 1 through the estimated number of exhibits. Defendant begins with numbers following Plaintiff’s block of numbers (e.g., Plaintiff 1 - 80; Defendant 100 - 150). The blocks of numbers should allow space for additional exhibits marked during trial. Please contact the Courtroom Deputy to arrange number block assignments. The parties should only use numbers when identifying subparts of exhibits (e.g., subparts of Exh. No. 3: 3-1, 3-2, 3-3). Blocks of numbers may be used to categorize exhibits (e.g., series 1 - 99 are bank records; series 100 - 199 are tax returns; series 200 - 299 are photographs; etc.). Categorizing exhibits should be kept as simple and clear as possible. In bulky documents, BATES stamp numbers may be placed on each page in the bottom right corner and can be continuously numbered for easy reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Use of Exhibit Cover Sheets and Labels The parties shall use the exhibit cover sheet attached to affix to each exhibit. The parties shall print the exhibit cover sheets on colored paper; Plaintiff cover sheets should be , and Defendant cover sheets should be . The exhibit cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila file folder numbered to correspond with the exhibit number. Prepare extra cover sheets to use for exhibits marked during trial. If the paper exhibit is too large to staple, use a 2-hole fastener to fasten the exhibit together at the top of the page, with an exhibit cover sheet attached to the front of the exhibit. If the exhibit is a photograph or item smaller than 8” x 10”, staple it to an exhibit cover sheet or place an exhibit label on the reverse side, lower right-hand corner. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or may be marked in a logical location on the item or on the plastic bag containing the item. Large diagrams, charts, drawings, and other demonstrative or visual evidence should be identified in the lower right-hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a subpart of the smaller exhibit. If exhibit labels are required, the parties shall request them from the Courtroom Deputy no less than five (5) days prior to trial. As with exhibit cover sheets, Plaintiff labels should be , and Defendant labels should be . 6. Use of Folders and Boxes Place exhibits loosely in manila file folders so that the exhibits may be pulled out of the folder during trial. Do not attach the exhibit to the manila file folder. Label the top of the folder to identify the exhibit number. Provide extra folders to the Courtroom Deputy for exhibits marked during trial. Place the exhibit folders in a box in numerical order. Mark the outside of the box to indicate which exhibits are contained within it. Leave room in the box for any extra exhibits that may be submitted during trial. Do not place trial exhibits in binders. /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Stipulated Exhibits THE PARTIES MAY AGREE TO THE ADMISSION OF EXHIBITS BEFORE TRIAL. THE PARTIES SHALL INDICATE WHICH EXHIBITS THE PARTIES STIPULATE TO BE MARKED AS ADMITTED INTO EVIDENCE BY PLACING AN “X” IN THE COLUMN ENTITLED “STIPULATED’ NEXT TO THE CORRESPONDING EXHIBIT ON THE EXHIBIT LIST ATTACHED. 8. Redacted Exhibits ANY REDACTIONS TO THE EXHIBITS SHALL BE COMPLETED BY THE PARTIES PRIOR TO TRIAL. IF DURING THE COURSE OF TRIAL REDACTIONS ARE NECESSARY, IT IS THE RESPONSIBILITY OF THE PARTIES TO IMMEDIATELY PROVIDE PROPERLY REDACTED VERSIONS TO THE COURTROOM DEPUTY. 9. Impeachment Exhibits As set forth in the Order Setting Final Pretrial Conference, impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial in a sealed envelope. Each envelope should be marked with: (1) the caption of the case; (2) case number; and (3) the party presenting the exhibit. If there is more than one impeachment exhibit, each sealed envelope should be marked with a separate alphabetical letter for easy retrieval (e.g., A, B, C) and the Courtroom Deputy will assign it the next available trial exhibit number if used at trial. The offering party shall be prepared to provide the Courtroom Deputy with a brief identifying description of the exhibit when offered at trial. The parties are cautioned that if an exhibit has value in addition to impeachment, it is not an impeachment exhibit and must be marked, listed, and delivered in the manner prescribed for non-impeachment exhibits. 10. Depositions The party offering a deposition or a portion of a deposition shall provide a certified copy of the transcript in accordance with the federal rules. As set forth in the Order Setting Final Pretrial Conference, final portions of depositions to be used at trial shall be delivered 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the Courtroom Deputy no later than 48 hours prior to trial. Depositions are not to be marked as exhibits. Depositions shall be placed in alphabetical order at the time they are delivered to the Courtroom Deputy. 11. Sensitive Exhibits At trial, the Courtroom Deputy will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the parties until court resumes. 12. Return of Exhibits All exhibits are returned to the respective parties for custody at the conclusion of trial pending all appeals unless otherwise ordered by the Court. If a Notice of Return of Exhibits is issued and the exhibits are not retrieved within thirty (30) days, the exhibits may be subject to destruction or otherwise disposed of. 13. Courtroom Technology The parties are encouraged to use the document camera or any other audio and video equipment available in the courtroom for presentation of evidence during trial. Should the parties have questions or wish to test courtroom equipment, they may contact the Courtroom Deputy at (602) 322-7204, but must do so no later than two (2) weeks prior to trial. Information regarding the use of courtroom technology can be found on the District Court’s website under “Electronic/Video Courtroom Equipment Information – Phoenix,” located at http://www.azd.uscourts.gov/judges/judges-orders. 14. Courtesy Copies for Judge Exhibits: A courtesy copy of trial exhibits should be provided to the Judge at the time of the delivery of the trial exhibits. Exhibits should be placed in 3-ring binders with numbered tabs to correspond with the exhibit numbers. The Judge’s copies should not have original exhibit covers sheets on them. The parties should also provide the Judge with a CD-ROM disc or USB flashdrive containing an electronic copy of paper exhibits offered. /// /// 5 Impeachment Exhibits: A courtesy copy of impeachment exhibits for the Judge should also be provided to the Courtroom Deputy. The courtesy copy of an impeachment exhibit should be provided in a sealed envelope and marked “courtesy copy” along with an alphabetical letter for easy retrieval (e.g., A, B, C). Depositions: The Judge should be provided with a courtesy copy of any deposition to be used at trial. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one (1) copy of such deposition shall be provided. Plaintiff shall highlight in the portions it wishes to offer, and Defendant shall highlight in the portions it wishes to offer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA EXHIBIT LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: ________________________________ vs. ____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Exhibit No. Marked For ID Admitted In Evidence Description Stipulated UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA WITNESS LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: _______________________________ vs. _____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Name Sworn Appeared CASE NO. ___________________________ _____________________________________ VS. _________________________________ PLAINTIFF EXHIBIT NO. ______________ DATE: _________________________ IDEN. DATE: _________________________ EVID. BY: _________________________________ Deputy Clerk CASE NO. ___________________________ _____________________________________ VS. _________________________________ DEFENDANT EXHIBIT NO. ____________ DATE: _________________________ IDEN. DATE: _________________________ EVID. BY: _________________________________ Deputy Clerk

=== Order Setting Final Pretrial Conference & Attachments (Criminal Trial) ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, No. CR- vs. ORDER SETTING FINAL PRETRIAL CONFERENCE Plaintiff, , Defendant. Pursuant to Rule 17.1 of the Federal Rules of Criminal Procedure, the Court enters the following Order. IT IS ORDERED: I. FINAL PRETRIAL CONFERENCE A Final Pretrial Conference is set for Month Day, Year, before the Honorable Steven P. Logan, United States District Judge, in Courtroom 501, Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Counsel who will be responsible for trial of the lawsuit for each party shall appear and participate in the Final Pretrial Conference. The parties shall bring their calendars in preparation to discuss trial scheduling.1 Counsel for each party is directed to confer no less than fourteen (14) days prior to the Final Pretrial Conference. 1 Order shall also be continued respectively. Should the Final Pretrial Conference be continued, the deadlines set forth in this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. JOINT PRETRIAL MEMORANDUM The parties shall jointly develop and file with the Clerk of Court a Joint Pretrial Memorandum no later than ten (10) days before the Final Pretrial Conference. The Joint Pretrial Memorandum shall contain the following in separately numbered paragraphs: 1. Counts The parties shall list: (1) all counts contained in the indictment (or superseding indictment) that will be tried by jury; (2) all counts, if any, in the indictment (or superseding indictment) that have been dismissed; and (3) all counts, if any, the government intends to move for dismissal prior to trial. 2. Forfeiture Allegation The parties shall list any forfeiture allegation contained in the indictment (or superseding indictment), whether any forfeiture allegation in the indictment (or superseding indictment) has been dismissed, or whether the government intends to move to dismiss any forfeiture allegation in the indictment (or superseding indictment) prior to trial. The parties shall also state, where applicable, the status of any pending related civil forfeiture proceeding. The parties shall further state, where applicable, whether the issue of forfeiture shall be determined by jury verdict or by the Court if a guilty verdict is found by the jury. 3. Notices The parties shall list all Notices of the Government’s Intent to Use Evidence. 4. Motions in Limine The parties shall list all pending Motions in Limine. 5. Motions The parties shall list all pending motions (other than separately filed Motions in Limine). 6. Stipulations of Fact and Evidence The parties shall list and describe any joint stipulation of the parties regarding facts and evidence which may be read or otherwise presented to the jury by the parties and 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 treated as having been proved at trial. For example: Stipulation of Fact: The drug found in Defendant’s vehicle weighed approximately one pound. Stipulation of Evidence: Bundles of drugs will be introduced as evidence at trial. There have been no breaks in the chain of custody between when the drugs were seized by law enforcement in this case and the date of trial. 7. Numbers of Witnesses and Exhibits The parties shall state the number of witnesses and exhibits to be offered at trial. 8. Estimated Length of Trial The parties shall propose the estimated amount of hours to be allocated for each stage of trial as follows: _ hours – Jury Selection __ hours – Opening Statements __ hours – Government’s Case (including rebuttal) __ hours – Defendant’s Case __ hours – Closing Arguments __ hours – Total 9. Trial Dates The parties shall propose at least two blocks of trial dates within 60 days of the date of the Final Pretrial Conference. Trial will not be held on Mondays, and therefore no proposed start date should be a Monday. 10. Interpreter The parties shall state whether there will be a need for an interpreter at trial. 11. Prospects for Settlement The parties shall state the prospects for settlement, and whether this case will be resolved by a plea. 12. Procedures for Expediting Trial The parties shall discuss and report on all available procedures that might be used 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to expedite trial, including but not limited to: (A) presenting stipulated summaries of deposition testimony rather than reading deposition excerpts; (B) editing videotaped depositions to limit the amount of time required for presentation; (C) using summary exhibits in place of voluminous documentary evidence; (D) stipulations on authenticity and foundation; (E) presenting direct expert testimony through summary or written reports; (F) using the courtroom technology to expedite the presentation of evidence. 13. Additional Matters The parties shall address any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner. III. NOTICES OF INTENT All Notices of the Government’s Intent to Use Evidence shall be filed and served no later than ten (10) days prior to the Final Pretrial Conference. Untimely notices are subject to being summarily denied or stricken by the Court. IV. MOTIONS IN LIMINE The parties shall file and serve all Motions in Limine no later than seven (7) days prior to the Final Pretrial Conference. Responses to Motions in Limine are due no later than four (4) days prior to the Final Pretrial Conference. The motions and responses must be concise. No replies shall be filed. Untimely motions are subject to being summarily denied or stricken by the Court. Each motion in limine shall include the legal basis supporting it and the proposed language for the order in limine being sought from the Court. The proposed language shall state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. The parties shall be prepared to argue the merits of such motions at the Final Pretrial Conference. V. JURY PLEADINGS The parties shall also jointly file with the Clerk of Court no later than ten (10) days before the Final Pretrial Conference, and email to [email protected] in Microsoft Word® format, each of the following: 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Joint Stipulated Description of the Case The parties shall jointly file as a separate pleading a stipulated description of the case to be read to the jury. If the parties have any disagreement about the statement, the party objecting shall state the reason for its objection below the statement and offer an alternative statement. 2. Joint Proposed Voir Dire Questions and Lists The parties shall jointly file as a separate pleading Joint Proposed Voir Dire. The parties shall use the Court’s proposed set of voir dire questions in Attachment A, and supplement them as appropriate. The parties shall place an asterisk (*) next to the questions added. Supplemental questions shall be drafted in a neutral manner. The parties shall be limited to proposing six (6) supplemental questions each, or twelve (12) questions in total. In the section entitled “Witnesses and Third Parties” the parties shall jointly list the name of every witness who may be called at trial. (See Attachment A, Question 6.a.) The parties shall also jointly list the name of any third party materially relevant to this case (but who will not be called as a witness) whose relationship with a juror could affect their ability to serve fairly and impartially. (See Attachment A, Question 6.b.) To the extent possible, the parties shall stipulate to the proposed voir dire questions. If the parties have any disagreement about a particular question, the party objecting shall state the reason for its objection below the question. 3. Joint Proposed Jury Instructions The parties shall jointly file as a separate pleading Joint Proposed Jury Instructions as follows. Form of Proposed Instructions: The parties shall include the full text of each instruction with source citations, including model and standardized instructions. Each proposed instruction shall begin on a new page. The proposed instructions shall be set forth in two sections: (A) Preliminary Instructions: The parties shall set forth the preliminary 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 instructions to be read to the jury before opening statements. The parties shall set forth the instructions in the order in which they propose them to be read to the jury. (B) Final Instructions: The parties shall set forth the final instructions to be read to the jury after closing arguments. The parties shall set forth the instructions in the order in which they propose them to be read to the jury. If either party seeks to have any preliminary instruction repeated as part of the final instructions, that instruction should be restated. Stipulated or Disputed: At the top of each instruction, the parties should indicate whether the instruction is stipulated-to or disputed. If the instruction is disputed, the party proposing the instruction shall state its authority to support the requested instruction. The party opposing the instruction shall state all objections to such instruction immediately following the instruction and the opposing party’s authority for such objection. If the opposing party offers an alternative instruction, such alternative instruction shall immediately follow the opposing party's objection. The opposing party may not submit a new instruction on the topic rather than offer an alternative instruction to the proposing party's instruction.2 Noncompliance: Absent a showing of good cause, the failure to: (1) submit a proposed instruction; (2) follow these directions; or (3) make a timely objection as provided by this Order shall result in the instruction being refused or the objection being deemed waived. 4. Joint Proposed Forms of Verdict The parties shall file as a separate pleading Joint Proposed Forms of Verdict. The proposed form of verdicts to be given to the jury at the end of the trial shall include any proposed special form of verdict form for an allegation of forfeiture where applicable. If the parties have any disagreement about the form of verdict, the party objecting shall state 2 party is the government. If the parties cannot agree who should be the proposing party, the default proposing 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the reason for its objection below the proposed verdict and offer an alternative verdict. VI. LISTS Exhibit and Witness Lists shall be emailed to the Courtroom Deputy at [email protected] no later than seven (7) days prior to trial. The parties shall complete and provide such lists in the manner prescribed in Attachment B. VII. COURT REPORTER INFORMATION A “Joint Notice to Court Reporter” shall be emailed to Court Reporter at [email protected] no later than seven (7) days prior to trial. The Notice shall contain the following information: 1. Trial Terms and Names: a. Proper names, including those of witnesses; b. Acronyms; c. Geographic locations; d. Technical (including medical) terms, names or jargon; e. Case names and citations; and f. Pronunciation of unusual or difficult words or names; 2. Feed and Transcript: Whether either party requests a real-time feed and/or daily transcript of trial proceedings; and 3. Deposition(s): Concordance from key depositions. VIII. EXHIBITS Exhibits shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial.3 Impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial (not the day a witness testifies). A courtesy copy of the exhibits shall be provided to the Court at the time of the delivery of the trial exhibits. The parties shall mark, list, and deliver exhibits in the manner prescribed in Attachment B. 3 their openings statements and closing arguments. The parties shall be permitted to use Microsoft Powerpoint® presentations during 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 During trial, the parties shall advise the Courtroom Deputy in advance which exhibits will be needed for each witness. All exhibits shall be shown to opposing counsel before being offered. IX. DEPOSITIONS Portions of depositions to be used at trial shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. Depositions shall be submitted in the manner as prescribed in Attachment B. ADVISAL - SETTLEMENT AND PLEA The parties shall keep the Court informed of the possibility of settlement and, should settlement be reached, the parties shall promptly notify the Court. Any stipulated motion to continue the Final Pretrial Conference based upon the scheduling of a change of plea shall be filed no less than seven (7) days before the Final Pretrial Conference. If the case pleads less than four (4) days before the scheduled trial date, a show cause hearing may be held to determine whether sanctions should be imposed against counsel for the untimely plea. Sanctions may include attorney’s fees, the costs incurred by the Court’s staff, and jury administrative costs. Attachment A Voir Dire Questions ATTACHMENTS 8 Attachment B Exhibit and Trial Material Instructions Attachment B-1 Exhibit List Form Attachment B-2 Witness List Form Attachment B-3 Exhibit Cover Sheet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A CRIMINAL VOIR DIRE QUESTIONS 1. Statement of the Case a. Have any of you read or heard anything about this case from any source whatsoever? b. Given this brief description of the facts, is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law? 2. Government a. Counsel for the government please stand. b. The United States of America is represented by Name(s), Assistant United States Attorney. c. Do any of you know counsel, or the United States Attorney, or any of the employees in the United States Attorney Office on any basis, social, professional or otherwise? d. Counsel, please introduce your investigator. e. Do any of you know the investigator or any employees of his/her office on any basis, social, professional or otherwise? 3. Defendant(s) a. Defendant and Defendant’s Counsel please stand. b. The Defendant in this case is Name. Defendant is represented by Firm/Federal Public Defenders Office. c. Do any of you know these individuals on any basis, social, professional or otherwise? d. Do any of you know any of the employees in counsel’s office on any basis, social, professional or otherwise? 4. Jurors a. Did anyone among this jury panel know each other, or work together or serve 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on jury panels together before assembling here today? 5. Time Qualify & Hardship a. I expect to conduct trial on these dates and times: b. Would the length of the trial create an undue hardship for any of you? c. Does anyone have any problem with vision, hearing, or anything that would cause you to have difficulty from observing and sitting for long periods of time? d. Do any of you have any other physical difficulty, health problems, or home problems that might interfere with your ability to serve as a juror in this case? 6. Witnesses and Third Parties a. During the trial of this case, witnesses may be called to testify on behalf of the parties. Do any of you know or have you ever heard of any of these people? b. Do any of you know or have you ever heard of any of these people? ▪ (If response is yes) Would your knowledge or experience with any of these parties or organizations affect your ability to serve fairly and impartially in this case? 7. Relevant Past a. Have you or any members of your family, including brothers, sisters, parents or children, ever been the victims of criminal conduct? ▪ (If response is yes) Please explain including what the incident was, what police agency investigated, did you have to make a statement, and was the responsible party apprehended? ▪ (If response is yes) Do you think this experience would prevent you from being fair and impartial in this case? b. Have you or any members of your family ever been convicted of a felony? ▪ (If response is yes) Which family member, what offense, and what was the disposition? ▪ (If response is yes) Do you think this experience would prevent you from 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 being fair and impartial in this case? c. Have you or any members of your family ever served in the capacity of law enforcement officer? By law enforcement officer, I am including not only police officers, but also employees of law enforcement agencies, military police, ICE, border patrol, DEA, ATF, etc. ▪ (If response is yes) Do you think this relationship would prevent you from being fair and impartial in this case? d. Have any of you or members of your family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? ▪ (If response is yes) Do you think this experience would prevent you from being fair and impartial in this case? 8. Personal Views a. There will be witnesses called during this trial who are members of law enforcement and who may have been in that profession for a number of years. Do any of you feel that their testimony must be given greater or lesser weight solely because of their employment and experience in law enforcement? b. Some of the participants in this trial are ethnic minorities. Has anyone had any contact or experience with ethnic minorities which would make it difficult to render a fair and impartial verdict in this matter? 9. Legal Knowledge and Application a. Do any of you or any of the members of your family have any legal training? ▪ (If response is yes) Do you think this would prevent you from being fair and impartial in this case? b. I will instruct you on the law at the conclusion of the case. If selected as a juror, you will take an oath to follow the law. Do any of you think you would have trouble following the law if you disagree with it? c. If selected as a juror, would any of you have trouble rendering a verdict based solely on the evidence presented during the trial, setting aside any personal 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 beliefs, opinions, or biases you might have? d. In a civil case the burden of proof is a preponderance of the evidence. This is a criminal case in which the government must prove guilt beyond a reasonable doubt. Does anyone have any difficulty in holding the government to its burden? e. Here are some fundamental principles of law: ▪ The fact that an indictment has been filed raises no presumption whatsoever of the guilt of the defendant. ▪ The United States government must satisfy you beyond a reasonable doubt of the guilt of the defendant. ▪ The defendant does not have any obligation to testify or to produce any evidence and you may not draw an adverse inference if the defendant chooses not to testify. ▪ The defendant is presumed to be innocent until his guilt is established beyond a reasonable doubt. ▪ You must wait until all of the evidence has been presented before making up your minds as to the innocence or guilt of the defendant. f. Does anyone believe that they would have any difficulty following these principles of law? 10. Easel Questions a. Starting with Juror Number One, please stand and answer the questions. ▪ Juror number ▪ The general location of your residence ▪ Length of time at current residence ▪ Education after high school, if any. State your major ▪ Marital status ▪ Number of children. Ages of children if under 18 ▪ Employment 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Yourself – current job and types of jobs throughout lifetime Spouse – current job and types of jobs throughout lifetime ▪ Prior jury service – civil or criminal 11. Final Questions a. Does anyone have any other reason whatsoever that they believe will preclude him or her from serving as a fair and impartial juror in this case? b. Counsel for the government, do you have any further questions at this time?1 c. Counsel for the defendant, do you have any further questions at this time? 12. Private Questions a. If a juror wishes to answer a question privately, the juror will be requested, by number, to remain in the courtroom during recess. 1 At this stage, the parties may only ask follow-up questions to the responses generated by the jurors. In other words, counsel may not propound new questions to the entire panel (e.g., “do any of you” or “has anyone…”). If there are new questions to be addressed that were not previously submitted to the Court, the parties may request permission by sidebar. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT B EXHIBIT AND TRIAL MATERIAL INSTRUCTIONS THE PARTIES ARE RESPONSIBLE FOR THE MARKING AND LISTING OF EXHIBITS, NOT THE COURTROOM DEPUTY, AND DELIVERY OF EXHIBITS AND OTHER TRIAL MATERIALS AS FOLLOWS. 1. Delivery As set forth by the Order Setting Final Pretrial Conference, trial exhibits and deposition transcripts shall be delivered to the Courtroom Deputy no later than 48 hours prior to trial. The parties shall arrange a time with the Courtroom Deputy for the delivery of the trial materials. The Courtroom Deputy may be contacted as follows: Courtroom Deputy: Molly Williams Phone: (602) 322-7204 Email: [email protected] 2. Exhibit Lists As set forth in the Order Setting Final Pretrial Conference, exhibit lists shall be emailed to the Courtroom Deputy no later than seven (7) days prior to trial. At the time of delivery of the exhibits, the parties shall provide the Courtroom Deputy with one (1) original and two (2) copies of the exhibit list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the exhibit list. Exhibits may be listed on the exhibit list attached or in a Microsoft Word® document that mirrors the same format. Be sure to leave enough space to add additional information, such as subparts and additional exhibits. Each page shall be completed to the end or finished with blank blocks. Extra blank pages for the exhibit lists should also be provided. The exhibit number and description should start the top of each block. Use brief descriptions. 3. Witness Lists As set forth in the Order Setting Final Pretrial Conference, witness lists shall be emailed to the Courtroom Deputy no later than seven (7) days prior to trial. At the time 1 of delivery of the exhibits, the parties shall also provide the Courtroom Deputy with one (1) original and two (2) copies of the witness list(s). The parties shall not provide the Courtroom Deputy with a copy of the Final Pretrial Order in lieu of the witness list. Witnesses may be listed on the witness list attached or in a Microsoft Word® document that mirrors the same format. Provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces provided at the end of the list. Extra blank pages for the witness lists should also be provided. 4. Numbering of Exhibits The parties shall number the exhibits. Court time will not be used for the marking of exhibits and failure to comply with this directive will result in exhibits being remarked by the parties. The parties shall consult with one another prior to marking exhibits to avoid marking duplicates as set forth in the Order Setting Final Pretrial Conference. If Plaintiff marks a document, Defendant should not mark the same document. The exhibits are considered court exhibits, not Plaintiff or Defendant exhibits. Either side may move the other’s exhibits into evidence. Blocks of numbers are assigned to each side: Plaintiff begins with number 1 through the estimated number of exhibits. Defendant begins with numbers following Plaintiff’s block of numbers (e.g., Plaintiff 1 - 80; Defendant 100 - 150). The blocks of numbers should allow space for additional exhibits marked during trial. Please contact the Courtroom Deputy to arrange number block assignments. The parties should only use numbers when identifying subparts of exhibits (e.g., subparts of Exh. No. 3: 3-1, 3-2, 3-3). Blocks of numbers may be used to categorize exhibits (e.g., series 1 - 99 are bank records; series 100 - 199 are tax returns; series 200 - 299 are photographs; etc.). Categorizing exhibits should be kept as simple and clear as possible. In bulky documents, BATES stamp numbers may be placed on each page in the bottom right corner and can be continuously numbered for easy reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 5. Use of Exhibit Cover Sheets and Labels The parties shall use the exhibit cover sheet attached to affix to each exhibit. The parties shall print the exhibit cover sheets on colored paper; Plaintiff cover sheets should be , and Defendant cover sheets should be . The exhibit cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila file folder numbered to correspond with the exhibit number. Prepare extra cover sheets to use for exhibits marked during trial. If the paper exhibit is too large to staple, use a 2-hole fastener to fasten the exhibit together at the top of the page, with an exhibit cover sheet attached to the front of the exhibit. If the exhibit is a photograph or item smaller than 8” x 10”, staple it to an exhibit cover sheet or place an exhibit label on the reverse side, lower right-hand corner. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or may be marked in a logical location on the item or on the plastic bag containing the item. Large diagrams, charts, drawings, and other demonstrative or visual evidence should be identified in the lower right-hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a subpart of the smaller exhibit. If exhibit labels are required, the parties shall request them from the Courtroom Deputy no less than five (5) days prior to trial. As with exhibit cover sheets, Plaintiff labels should be , and Defendant labels should be . 6. Use of Folders and Boxes Place exhibits loosely in manila file folders so that the exhibits may be pulled out of the folder during trial. Do not attach the exhibit to the manila file folder. Label the top of the folder to identify the exhibit number. Provide extra folders to the Courtroom Deputy for exhibits marked during trial. Place the exhibit folders in a box in numerical order. Mark the outside of the box to indicate which exhibits are contained within it. Leave room in the box for any extra exhibits that may be submitted during trial. Do not place trial exhibits in binders. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Stipulated Exhibits THE PARTIES MAY AGREE TO THE ADMISSION OF EXHIBITS BEFORE TRIAL. THE PARTIES SHALL INDICATE WHICH EXHIBITS THE PARTIES STIPULATE TO BE MARKED AS ADMITTED INTO EVIDENCE BY PLACING AN “X” IN THE COLUMN ENTITLED “STIPULATED’ NEXT TO THE CORRESPONDING EXHIBIT ON THE EXHIBIT LIST ATTACHED. 8. Redacted Exhibits ANY REDACTIONS TO THE EXHIBITS SHALL BE COMPLETED BY THE PARTIES PRIOR TO TRIAL. IF DURING THE COURSE OF TRIAL REDACTIONS ARE NECESSARY, IT IS THE RESPONSIBILITY OF THE PARTIES TO IMMEDIATELY PROVIDE PROPERLY REDACTED VERSIONS TO THE COURTROOM DEPUTY. 9. Impeachment Exhibits As set forth in the Order Setting Final Pretrial Conference, impeachment exhibits shall be delivered to the Courtroom Deputy on the first day of trial in a sealed envelope. Each envelope should be marked with: (1) the caption of the case; (2) case number; and (3) the party presenting the exhibit. If there is more than one impeachment exhibit, each sealed envelope should be marked with a separate alphabetical letter for easy retrieval (e.g., A, B, C) and the Courtroom Deputy will assign it the next available trial exhibit number if used at trial. The offering party shall be prepared to provide the Courtroom Deputy with a brief identifying description of the exhibit when offered at trial. The parties are cautioned that if an exhibit has value in addition to impeachment, it is not an impeachment exhibit and must be marked, listed, and delivered in the manner prescribed for non-impeachment exhibits. 10. Depositions The party offering a deposition or a portion of a deposition shall provide a certified copy of the transcript in accordance with the federal rules. As set forth in the Order Setting Final Pretrial Conference, portions of depositions to be used at trial shall be 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 delivered to the Courtroom Deputy no later than 48 hours prior to trial. Depositions are not to be marked as exhibits. Depositions shall be placed in alphabetical order at the time they are delivered to the Courtroom Deputy. 11. Sensitive Exhibits At trial, the Courtroom Deputy will not take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the parties until court resumes. 12. Return of Exhibits All exhibits are returned to the respective parties for custody at the conclusion of trial pending all appeals unless otherwise ordered by the Court. If a Notice of Return of Exhibits is issued and the exhibits are not retrieved within thirty (30) days, the exhibits may be subject to destruction or otherwise disposed of. 13. Courtroom Technology The parties are encouraged to use the document camera or any other audio and video equipment available in the courtroom for presentation of evidence during trial. Should the parties have questions or wish to test courtroom equipment, they may contact the Courtroom Deputy at (602) 322-7204, but must do so no later than two (2) weeks prior to trial. Information regarding the use of courtroom technology can be found on the District Court’s website under “Electronic/Video Courtroom Equipment Information – Phoenix,” located at http://www.azd.uscourts.gov/judges/judges-orders. 14. Courtesy Copies for Judge Exhibits: A courtesy copy of trial exhibits should be provided to the Judge at the time of the delivery of the trial exhibits. Exhibits should be placed in 3-ring binders with numbered tabs to correspond with the exhibit numbers. The Judge’s copies should not have original exhibit covers sheets on them. The parties should also provide the Judge with a CD-ROM disc or USB flashdrive containing an electronic copy of paper exhibits offered. Impeachment Exhibits: A courtesy copy of impeachment exhibits for the Judge 5 should also be provided to the Courtroom Deputy. The courtesy copy of an impeachment exhibit should be provided in a sealed envelope and marked “courtesy copy” along with an alphabetical letter for easy retrieval (e.g., A, B, C). Depositions: The Judge should be provided with a courtesy copy of any deposition to be used at trial. The offering party shall highlight, in color, the portions of the deposition to be offered. If multiple parties are offering the same deposition, only one (1) copy of such deposition shall be provided. Plaintiff shall highlight in the portions it wishes to offer, and Defendant shall highlight in the portions it wishes to offer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA EXHIBIT LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: ________________________________ vs. ____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Exhibit No. Marked For ID Admitted In Evidence Description Stipulated UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA WITNESS LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: _______________________________ vs. _____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Name Sworn Appeared CASE NO. ___________________________ _____________________________________ VS. _________________________________ PLAINTIFF EXHIBIT NO. ______________ DATE: _________________________ IDEN. DATE: _________________________ EVID. BY: _________________________________ Deputy Clerk CASE NO. ___________________________ _____________________________________ VS. _________________________________ DEFENDANT EXHIBIT NO. ____________ DATE: _________________________ IDEN. DATE: _________________________ EVID. BY: _________________________________ Deputy Clerk

=== Order Setting Rule 16 Case Management Conference ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Name, No. CV-XX-XXXXX-XXX-SPL vs. ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE Plaintiff(s), Defendant(s). Name, Pursuant to Rule 16 of the Federal Rules of Civil Procedure, IT IS ORDERED: I. Case Management Conference A Case Management Conference is set for Month Day, Year, before the Honorable Judge Steven P. Logan, United States District Judge, in Courtroom 501, Sandra Day O’Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Counsel who will be responsible for trial of the lawsuit for each party, and any party that is not represented by counsel, shall appear and participate in the Case Management Conference and shall have authority to enter into stipulations regarding all matters that may be discussed. II. Rule 26(f) Meeting The parties are directed to meet and confer no later than fourteen (14) days prior to the Case Management Conference as required by Rule 26(f) of the Federal Rules of Civil Procedure. It is the responsibility of Plaintiff(s) / Defendant(s) to initiate the Rule 26(f) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Meeting, and Plaintiff(s) / Defendant(s) shall promptly and cooperatively participate in the Rule 26(f) Meeting. At the Rule 26(f) Meeting, the parties shall jointly develop and file with the Clerk of Court no later than Month Day, Year [10 Days before CMC], each of the following in the form outlined below: (1) a Joint Rule 26(f) Case Management Report, and (2) a Joint Proposed Rule 16 Case Management Order. Requests to continue the Case Management Conference or outstanding motions will not excuse the requirement to participate in a Rule 26(f) meeting and to submit the parties’ joint report and proposed order. III. Joint Rule 26(f) Case Management Report The parties’ Joint Rule 26(f) Case Management Report shall contain the following information in separately numbered paragraphs: 1. Attendance: The parties who attended the Rule 26(f) Meeting and assisted in developing the parties’ joint submissions; 2. Service: The parties, if any, which have not been served and an explanation of why they have not been served, and any parties which have been served but have not answered or otherwise appeared; 3. Nature of Case: The nature of the case, including a brief description – three (3) pages or less - of the principal factual disputes and legal basis of all claims and defenses; 4. Jurisdiction: The jurisdictional basis for the case, citing specific statutes. If jurisdiction is based on diversity of citizenship, the report shall include a statement of the citizenship of every party and a description of the amount in dispute;1 5. Additions and Amendments: Whether any party expects to add additional 1 The parties are reminded that (1) a corporation is a citizen of the state where it is incorporated and the state of its principal place of business, and (2) partnerships and limited liability companies are citizens of every state in which one of their partners or members resides. See 28 U.S.C. § 1332(c); Hertz Corp. v. Friend, 559 U.S. 77, 80, 92-93 (2010); Indus. Tectonics v. Aero Alloy, 912 F.2d 1090, 1092 (9th Cir. 1990); Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006). The parties are further reminded that the use of fictitious parties (e.g., “John Doe” or “ABC Corporation”) “casts no magical spell on a complaint otherwise lacking in diversity jurisdiction.” Fifty Assocs. v. Prudential Ins. Co. of Am., 446 F.2d 1187, 1191 (9th Cir. 1970) (citations omitted). 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties to the case or otherwise amend the pleadings; 6. Forthcoming Motions: A listing of contemplated motions and a statement of the issues to be decided by these motions; 7. Related Cases: The status of related cases pending before other courts or other judges of this District; 8. Discovery Limitations: Suggested changes, if any, in the limitations on discovery (including depositions) imposed by the Federal Rules of Civil Procedure and a discussion of why such changes are proportional to the needs of this case; 9. Electronically Stored Information: Any issues relating to preservation, disclosure, or discovery of electronically stored information, including the parties’ preservation of electronically stored information and the form or forms in which it will be produced; 10. Request for Jury Trial: Whether a jury trial has been requested and whether the request for a jury trial is contested. If the request for a jury trial is contested, the parties shall set forth the reasons why a trial by jury is in dispute; 11. Trial: The estimated date that the case will be ready for trial, the estimated length of trial, and any suggestions for shortening the trial; 12. Expedited Trial Alternative: Certification that counsel for each party has discussed with his or her client, or each pro se litigant has considered, the expedited trial alternative;2 13. Consent to Magistrate Judge: Whether the parties consent to the transfer of the case to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c); 14. Settlement and Dispute Resolution: The prospects for settlement, and 2 Expedited Trial Alternative: The parties may elect to take this case directly to trial, whether jury or bench trial. An expedited trial will be held in this case if all parties agree to such a trial. If the parties elect to proceed to an expedited trial, no formal discovery or motion practice will occur and a Final Pretrial Conference will be scheduled. Counsel for each party must discuss this expedited trial alternative with his or her client. As part of this discussion, counsel must provide his or her client with two good faith estimates of the costs (including attorneys’ fees) of litigating this case to completion: (1) an estimate of the cost if an expedited trial is elected, and (2) an estimate of the cost if an expedited trial is not elected and typical discovery and motion practice occur. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 whether the case is suitable for referral to a United States Magistrate Judge for the purpose of holding a settlement conference (mediation), minitrial, summary jury trial, early neutral evaluation, or other form of alternative dispute resolution pursuant to LRCiv 83.10; 15. Modified Procedures: Suggested modification of pretrial procedures due to the nature of the case, for example: ERISA Action: If the parties jointly agree to resolve an action brought pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., through cross briefing, in lieu of filing the attached Joint Proposed Rule 16 Case Management Order, the parties shall propose a deadline for each of the following: (a) Initial disclosures; (b) Completion of disclosure of materials that either party contends should be considered as part of the record on review; (c) Filing of the Administrative Record; (d) Filing of Plaintiff’s Opening Brief; (e) Filing of Defendant’s Response Brief; (f) Filing of Plaintiff’s Reply Brief; and (g) Completion of Good Faith Settlement Talks; Class Action: If either party is presenting their case as a class action, the parties shall propose a deadline for each of the following: (a) Completion of class certification discovery; (b) Filing of any motion for class certification and responsive briefing; (c) Filing of any motion for class decertification and responsive briefing; Patent Action: If either party believes a hearing pursuant to Markman v. Westview Instruments, Inc., 517 U.S. 370 (1996) will be necessary, the parties shall propose a deadline for each of the following: (a) Disclosure of asserted claims and infringement contentions; (b) Exchange of proposed claim constructions; (c) Filing of joint claim construction statement; 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Disclosure of experts intended to be used at the Markman hearing; (e) Filing of Opening Claim Construction Brief; (f) Filing of Responsive Claim Construction Brief; and 16. Additional Matters: Any other matters that will aid the Court and parties in resolving this case in a just, speedy, and inexpensive manner. IV. Joint Proposed Rule 16 Case Management Order A fillable Joint Proposed Rule 16 Case Management Order has been attached to this Order. The parties shall carefully review, complete, and file the attached Order, providing the specific dates jointly proposed by the parties for the following deadlines (where indicated): amendment of pleadings and joining parties; completion of discovery; completion of expert disclosures; completion of expert depositions; filing of dispositive motions; and completion of good faith settlement talks. If the parties are unable to agree regarding specific deadlines, both proposed dates shall be included in the proposed order.3 3 (Defendants).” Example: “Dispositive motions shall be filed no later than 1/1/18 (Plaintiffs), 1/2/18 5

=== Trial Conduct and Decorum ===

TRIAL CONDUCT AND DECORUM Judge Steven P. Logan The purpose of this protocol is to emphasize, not supplant, certain portions of the ethical principles applicable to the lawyer's conduct in the courtroom and to preserve the dignity of the courtroom environs and the judicial process. This protocol also is intended to further efficient and orderly fact-finding. Your compliance with the following will be appreciated: 1. Be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. 2. At the final pretrial conference, give the courtroom deputy and judge the caption of the case and the names and addresses of all persons at counsel table and all witnesses to be called. 3. 4. Stand and do not pace when addressing the judge, jury or witnesses. Stand at the podium at all times when addressing witnesses. Except upon express permission of the Court, all communications to the Court shall be made from a position at counsel table or from the lectern. Counsel shall not approach opposing counsel, the bench, a witness, the court reporter's table or the clerk's desk without the permission of the Court. 5. Do not appeal to emotion or prejudice during opening statement to a jury. Confine yourself to a concise summary of the important facts that you expect to prove or your position on facts the opposition has undertaken to prove. 6. Exhibits: (a) Court time may not be used for marking exhibits. This must be done in advance of the court session. (b) Provide copies of exhibits for the judge at the commencement of the trial. (c) Counsel shall arrange with the clerk for the use of chalkboards, tripods, video recorders, overheads, or other visual aids sufficiently in advance so that they may be set up while the Court is not in session. (d) Diagrams, charts, drawings and other demonstrative or visual evidence shall, whenever practicable, be prepared by witnesses before testifying. Effort should be made to avoid using time during the presentation of evidence for these purposes. (e) All exhibits shall be shown to opposing counsel before being offered. (f) Hand all papers intended for the Court or witness to the clerk or bailiff, who, in turn, will pass them to the Judge or witness. (g) If you intend to question a witness about a group of documents, make an attempt to have all of the documents in front of the witness when you start the examination. (h) Do not offer depositions wholesale; offer only relevant, redacted portions of the transcript and always in accordance with Rule 32 of the Federal Rules of Civil Procedure. Plaintiff will highlight in yellow those portions it wishes to offer. The Defense will highlight in blue those portions it wishes to offer. 7. Witnesses: (a) Only one attorney for each party shall examine or cross-examine a witness. The attorney stating objections during direct examination shall be the attorney recognized for cross-examination. (b) Refer to all persons, including witnesses, other counsel, and parties, by their surnames and not by their first or given names. (c) In examining a witness, counsel generally shall not repeat or echo the previous testimony or answers given by a witness. (d) The examination and cross-examination of each witness shall be limited to questions addressed to the witness. Counsel shall refrain from making statements, comments or remarks prior to asking a question or after a question has been answered. (e) Counsel shall admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are prohibited. 8. Objections are to be limited to stating "objection" and the basis for the objection ("Objection, leading") or the number of the Federal Rules of Evidence relied upon ("Objection, Rule 403"). Do not explain or argue the grounds for objections in the presence of the jury unless asked to do so by the Judge. 9. Address all remarks to the Judge, not opposing counsel, and do not make disparaging or acrimonious remarks toward opposing counsel or witnesses. 10. Gum chewing or reading of newspapers or magazines are not permitted while court is in session. Beepers, cellular telephones and other noise-making electronic equipment must be turned off while in court. 11. Counsel should try to anticipate problems that will arise during trial and take them up with the Court and opposing counsel out of the presence of the jury. Appropriate motions in limine in advance of trial are encouraged. If during trial it becomes necessary for an attorney to confer with the Court at the bench, the Court's permission should be obtained. 12. Counsel shall not make motions (e.g., a motion for a mistrial) in the presence of the jury. Such matters may be raised at recess. 13. hearing of the jury. Offers of, or requests for, a stipulation should be made privately, not within the 14. Professionalism and civility are not aspirational but mandatory in this courtroom.