Chambers Policies Regarding Video and Telephone Conferencing in Criminal Cases; Pretrial Order Sample

=== Chambers Policies Regarding Video and Telephone Conferencing in Criminal Cases ===

Chambers Policies Regarding Video and Telephone Conferencing in Criminal Cases U.S. Magistrate Judge John E. Martin has adopted the following policies for his chambers and Courtroom in the Hammond Division of the U.S. District Court for the Northern District of Indiana: (1) In criminal cases, all initial appearance hearings shall be conducted by video-teleconference (VTC) with the consent of individual defendants. Fed. R. Crim. P. 5(f). (2) Likewise, arraignment hearings may be conducted by video- teleconference with consent of individual defendants. Fed. R. Crim P. 10(c). (3) With respect to preliminary examination and detention hearings, the parties are directed to confer and advise the Court if the defendant is stipulating to the existence of probable cause and/or detention (thereby waiving the need for an in-person hearing), or whether either party is seeking a continuance of the hearing. A defendant who is stipulating to the existence of probable cause or detention should, before the date of the hearing, notify chambers either orally (through counsel) or in writing that the defendant is agreeing to probable cause, detention, or both, and is waiving the need for a hearing on those matters. (4) Where a defendant does not stipulate to detention, an in-person hearing will be scheduled.

=== Pretrial Order Sample ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION ______, _______, Plaintiff, v. Defendant, CAUSE NO.: 2:__-CV-___-JEM PROPOSED FINAL PRETRIAL ORDER Pursuant to the order of the Court, the parties to this action appeared before United States Judge John E. Martin on _____, 202_, for a conference under Federal Rule of Civil Procedure 16. Plaintiff was represented by _____. Defendant was represented by __________. This Order governs the trial and may not be amended except by order of the Court: A. Jurisdiction Federal Question/Diversity Jurisdiction was conceded by counsel and found by the Court to be present. B. Pleadings The case as at issue on Plaintiff’s Complaint and Defendant’s Answer with affirmative defenses. C. Pending Motions There are no pending motions regarding evidentiary issues. D. Plaintiff’s Contentions Plaintiff contends . . . E. Defendant’s Contentions Defendant contends . . . F. Admissions The following facts are established by admissions in the pleadings or by stipulation of counsel: 1. 2. ... … G. Contested issues of fact 1. … 2. ... H. Contested issues of law I. Potential Exhibits by either party Plaintiff’s exhibits may include any or all of the following: 1. Defendant’s exhibits may include any or all of the following: 1. J. Witnesses (subject to the evidentiary restrictions of the Court as previously laid out) 1. Plaintiff’s witnesses may include any or all of the following: a. 2. Defendant’s witnesses may include any or all of the following: a. 4. In the event there are other witnesses to be called at the trial, their names and addresses and the general subject matter of their testimony will be reported to opposing counsel, with copy to the Court, at least ten days prior to trial. Such witnesses may be called at trial only upon leave of Court. This restriction shall not apply to rebuttal or impeachment witnesses, the necessity of whose testimony cannot reasonably be anticipated before trial. K. Other Agreements It is directed that requests for special instructions must be submitted to the Court, in writing and electronically, with supporting authorities, at or prior to the commencement of the trial, subject to the right of counsel to supplement such requests during the course of the trial on matters that cannot reasonably be anticipated. L. Trial Briefs No trial briefs are to be filed. M. Settlement History The parties have discussed settlement but have been unable to reach agreement. They will continue to negotiate and will advise the Court immediately if settlement is reached. N. Trial The maximum length of trial is ___ days. The case is set for bench trial to begin on ___ , 202_, at 9:30 a.m. (Central Time). So ORDERED this ___th day of _____, 202_. cc: All counsel of record s/ John E. Martin MAGISTRATE JUDGE JOHN E. MARTIN UNITED STATES DISTRICT COURT