Character Letters in Support of Sentencing; Criminal Order of Referral; Exhibit Marking Instructions; Standard Civil Voir Dire Questions

=== Character Letters in Support of Sentencing ===

Pursuant to the ECF Administrative Policies and Procedures Manual and Amended by District Judge Scott H. Rash to reflect his Chamber’s procedure, only. Section II, R. CHARACTER LETTERS IN SUPPORT OF SENTENCING Original character letters must be submitted by defense counsel to the U. S. Probation Office, with a copy to opposing counsel and an emailed copy to Chambers at least five (5) business days prior to the sentencing date. Character letters shall not be submitted directly to the sentencing judge by any family members or other persons writing in support of the defendant. No more than ten (10) character letters shall be submitted by defense counsel. Character letters or any notice of such shall not be filed electronically unless otherwise ordered by the court.

=== Criminal Order of Referral ===

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 IN THE MATTER OF: Change of Plea Hearings, Admit/Deny Hearings on Petitions for Revocation of Probation, and Admit/Deny Hearings on Petitions for Revocation of Supervised Release. ORDER Pursuant to LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Evidentiary 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, Fed.R.Crim.P.. 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 charge(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the 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 District Court. 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 28th day of July, 2020. 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 -

=== Exhibit Marking Instructions ===

Updated: March 2022 District Judge Scott H. Rash ONLY EXHIBITS - MARKING, LISTING AND CUSTODY United States District Court District of Arizona Exhibits shall be prepared by counsel or parties, if pro se, and delivered to the Courtroom Deputy Clerk AT LEAST 48 HOURS IN ADVANCE OF TRIAL or any other such time as ordered by the Court. Counsel shall also prepare the exhibit list and witness list and deliver them to the Courtroom Deputy Clerk (original and two copies) along with the exhibits. USE OF LABELS/COVER SHEET 1. Exhibit cover sheets and labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). Exhibit cover sheets are available on this website. If the parties need exhibit labels to affix to pictures or diagrams, they are available from the Courtroom Deputy Clerk. 2. Exhibit cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard size paper exhibits. The cover sheet shall be stapled to the top of the original exhibits, and the exhibit shall be placed in a manilla folder numbered to correspond to the exhibit number. 3. If the exhibit is a photo, use adhesive labels on the back of the photo. 4. 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. 5. Charts used for demonstration should be identified in the lower right-hand corner with an exhibit label or on the reverse side of the chart. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit. 6. During trial, always advise the Courtroom Deputy Clerk in advance which exhibits will be needed for each witness. NUMBERING 1. Plaintiff uses number 1 through the estimated number of exhibits. Defendant shall use letters A though ZZZ as necessary. Failure to comply with this procedure will result in exhibits being returned to counsel for remarking. Court time will not be used for the marking of exhibits. 1 Updated: March 2022 2. Plaintiff and defendant shall consult regarding marking of exhibits to AVOID MARKING DUPLICATES. If plaintiff marks a document, defendant should not mark the same document. Exhibits are considered court exhibits, not plaintiff’s or defendant’s. Either side may move another’s exhibits into evidence. 3. When identifying sub-parts, i.e., 3a 3b,3c for Plaintiff. If the sub-parts will be more than a - z, commence with another number; i.e. 4a,4b,4c. Defendant shall use A1, A2, A3. Categorizing exhibits should be kept as simple and clear as possible. 4. Multiple page exhibits should have each page marked for easy reference and should be stapled or ACCO fastened; please do not use paper or binder clips. In bulky documents, BATES stamp numbers may be placed on each page, at the bottom right corner, and can be continuous numbering. 5. Blocks of numbers may be used to categorize exhibits; i.e, series 1-99 are Bank Records; series 100-199 are Tax Returns; series 200-299 are photographs; series 300-399 are Miscellaneous. The exhibit list will break down the categories and should be tabbed accordingly. USE OF FOLDERS 1. Place exhibits loose in folders so that the exhibit may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. 2. If there are many folders, place them in a box in numerical order. Mark the outside of the box with the exhibits contained therein. Leave room in the box for any additional exhibits that may be submitted during trial. 3. The box of exhibits is to be given to the Courtroom Deputy Clerk 48 hours in advance of trial. 4. DO NOT PLACE ORIGINAL TRIAL EXHIBITS IN BINDERS except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right-hand corner. An extra copy of the exhibits shall be provided to the judge in a binder that is tabbed. No original exhibit tags are needed in the judge’s binder or set of exhibits. EXHIBIT LISTS 1. Exhibits shall be listed on the exhibit list provided or reproduced on a word processor, as long as it follows the same format. The form is self-explanatory. Be sure to leave enough SPACE to add additional exhibits. Each page shall be completed to the end with blank blocks. Extra blank 2 Updated: March 2022 pages are needed for both the exhibit and witness lists. The exhibit number and description should begin at the top of the block. 2. Provide the Courtroom Deputy Clerk with the original and two copies of the exhibit list along with the exhibits. WITNESS LISTS 1. Witnesses shall be listed on the witness list provided or reproduced on a word processor, as long as it follows the same format. Witnesses should be listed in alphabetical order unless otherwise ordered by the Court. Names should be at the top of the block and extra blank spaces included at the end. This is helpful when names need to be added that are not on the list. 2. Provide the Courtroom Deputy Clerk with the original and two copies of the witness list. SENSITIVE EXHIBITS 1. Pursuant to General Order 98-07 dated July 30, 1987, "The arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout, and after the trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the court." 2. The Courtroom Deputy Clerk will not take custody of any sensitive exhibits. During lengthy breaks and at close of day, these exhibits are returned to the government (usually the agent) until Court resumes. IMPEACHMENT EXHIBITS 1. Impeachment exhibits are given to the Courtroom Deputy Clerk 48 hours in advance of trial (unless other arrangements are made) in a SEALED envelope. The envelope should be marked with the caption of the case and plaintiff/defendant impeachment exhibits. If there is more than one exhibit in the envelope, mark each one with a SEPARATE NUMBER so you (and the clerk) will be able to identify it. Identify these exhibits with a numbering system of your own for easy retrieval and the Courtroom Deputy Clerk will assign the next available number when the exhibit is used. STIPULATED EXHIBITS 3 Updated: March 2022 1. In civil trials, parties may agree on most of the exhibits prior to trial and as listed in the Pretrial Order. Counsel may give the Courtroom Deputy Clerk a list of the stipulated exhibits to be marked in evidence before moving for their admission. 2. In criminal trials, stipulated exhibits usually are admitted one at a time during the course of trial. DEPOSITIONS 1. Depositions ARE NOT marked as exhibits. Identify them as plaintiff/defendant (so they will be returned to the correct party after trial), place them in alphabetical order and give them to the Courtroom Deputy Clerk 48 hours in advance of trial. MEDICAL OR TECHNICAL TERMS 1. Provide a list of medical or technical terms for the court reporter prior to the trial commencing. RETURN OF EXHIBITS 1. Pursuant to LRCiv 79.1(a), all exhibits are returned to respective counsel or parties to keep in their custody pending all appeals. If exhibits are not retrieved within 30 days of the Notice of Return of Exhibits, LRCiv 79.1(c), the Clerk may destroy or otherwise dispose of those exhibits. 2. Usually trial exhibits are returned immediately to respective counsel or parties at the conclusion of trial. Counsel or parties may sign for the returned exhibits. When a case is taken under advisement and a verdict or court ruling issues at a later date, a separate order will follow which may require counsel or parties to retrieve exhibits from the Courtroom Deputy Clerk. 4

=== Standard Civil Voir Dire Questions ===

CIVIL VOIR DIRE QUESTIONS Judge Scott H. Rash 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 _______. Plaintiff is represented by _________. 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 defense counsel, please stand. b. The Defendant in this case is _______. Defendant is represented by ______. 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 on jury panels together before assembling here today? 1 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 & 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 immediate family been a party or witness in any litigation (excluding domestic relations, traffic, or probate)? 8. Legal Knowledge & 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? 2 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 you have strong feelings 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 city where you live (3) Length of time at current residence (4) Education after high school, if any. (5) Marital status (6) Number of children. Ages of children if under 18 (7) Employment (current and former jobs for self/spouse) (8) Prior jury service: civil or criminal, how case(s) resolved (but don’t reveal how you voted) 10. Final Questions a. Does anyone have any other reason whatsoever to believe they can’t serve 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. 1The parties only may 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 . . . .”). 3