Civil Jury Trial Management Order; Civil Court Trial Management Order; Criminal Jury Trial Management Order

=== Civil Jury Trial Management Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON No. CIVIL JURY TRIAL MANAGEMENT ORDER , , Plaintiff(s), v. Defendant(s). BAGGIO, District Judge: Trial documents are due according to the following schedule, subject to any modifications by the Court. The charts below specify which documents must be filed on CM/ECF and/or provided to the Court. This document also contains guidance and the Court’s expectations about the parties’ duty to confer before the pretrial conference. Please see Judge Baggio’s webpage on the District of Oregon’s website for more information regarding best practices for trial and expectations for litigants appearing in her courtroom. For further information on trial procedures, please refer to the Trial Court Guidelines for the District of Oregon at: www.ord.uscourts.gov/index.php/attorneys/trial-court-guidelines The Pretrial Conference is set on ________________________in Portland Courtroom 14B. The Jury Trial is set to begin on ________________________ in Portland Courtroom 14B. PAGE 1 – CIVIL JURY TRIAL MANAGEMENT ORDER FIRST WAVE OF DOCUMENTS IS DUE 28 DAYS BEFORE THE PRETRIAL CONFERENCE Item Joint Neutral Statement of Case Trial Memoranda Itemized List of Economic Damages Proposed Joint Jury Instructions Proposed Verdict Form Description The parties shall exchange their proposed neutral statement of the case, confer regarding the proposed neutral statement of the case, and submit one joint neutral statement. The parties shall each prepare a summary of all material, factual and legal contentions along with the elements of each claim and/or defense. Trial memoranda are limited to 15 pages without leave of court. Specify damages sought and how such damages will be proven—i.e., through which exhibits and/or witness testimony. In addition to a paper copy, the parties shall jointly submit one single Word document of the jury instructions they would like the Court to give the jury. That single document should contain all of the necessary instructions, with all of the elements and relevant facts of the case filled in. Do not leave any placeholders for the Court to fill in. The document should include an index. Insert page breaks between instructions and between contested versions of the same instruction. See Example #1 for format.3 If there is a disagreement between the parties as to an instruction, for each disputed instruction, include 1) the Ninth Circuit Model Jury Instruction or other model instruction, if applicable; 2) Plaintiff’s preferred instruction version under a header highlighted in yellow; 3) Defendant’s preferred instruction version under a header highlighted in blue. Each party is to include a succinct explanation for its preferred instruction and citations to legal authority. If either party disagrees that a proposed instruction should be given, indicate that under the appropriate header. Each party shall submit a proposed verdict form. Filed?1 Copy?2 Yes Yes Yes Yes Yes Yes Yes Yes – and email a Word version to courtroom deputy Yes Yes 1 File this item in CM/ECF. 2 Provide a copy to the Court. All Judge’s paper copies of trial documents shall be double-sided and three-hole punched. Judge’s copies must be submitted to the clerk’s office the same day the original document is filed. 3 All examples in this trial management order can be found on Judge Baggio’s webpage: https://ord.uscourts.gov/index.php/court-info/our-judges/judge-baggio PAGE 2 – CIVIL JURY TRIAL MANAGEMENT ORDER SECOND WAVE OF DOCUMENTS IS DUE 21 DAYS BEFORE THE PRETRIAL CONFERENCE Filed? Copy? Yes Yes Yes Yes Item Description Motions in Limine4 All motions in limine shall be filed as sub-parts within a single document not to exceed 20 pages without leave of court. Conferral is required. See Local Rule 7-1. Proposed Voir Dire Questions The parties shall submit an agreed-upon list of questions for the Court to consider asking in addition to basic biographical questions. If there are questions on which the parties could not agree, the parties should list those questions at the bottom of the agreed-upon list with a one sentence explanation of the dispute and a one-sentence response (if necessary). As reasonable, the Court will allow each party an opportunity to ask follow-up questions, limited to the topics of approved questions and juror answers. Jurors shall be referred to by badge numbers during voir dire. Exhibits and Joint List of Exhibits and Objections JOINT LIST OF EXHIBITS AND OBJECTIONS: The parties are ordered to jointly file a proposed exhibit list that identifies: DO NOT FILE EXHIBITS Yes (1) all stipulated exhibits that may be received without objection; and (2) all remaining exhibits to be offered by any party and a summary statement of the bases for all objections to any proffered exhibit and a one-line summary statement of the response to the objection. Only file Joint List of Exhibits and Objections to Exhibits See Example #2 for format. Parties are to confer to avoid duplicating exhibits. Even if an exhibit is preadmitted, if it is not published to the jury during trial, it must be 4 Daubert motions are to be filed separately from motions in limine. Consistent with the Court’s Civil Case Management Order, when the parties anticipate bringing a Daubert challenge to a proposed expert the Court will set separate a separate deadline for Daubert motions at the trial scheduling conference. PAGE 3 – CIVIL JURY TRIAL MANAGEMENT ORDER Item Description Filed? Copy? removed from the exhibits sent back for deliberation. Parties are advised that the Court generally only preadmits exhibits that are stipulated to by all parties. EXHIBIT COPIES: Parties should provide the Court with both physical and electronic Judge’s copies of exhibits. The physical Judge's copy of all exhibits shall be double-sided and placed into separate, three-hole binders with clearly marked index tabs, numbered for each exhibit. The electronic Judges’ copies should be submitted on a thumb drive. Plaintiff's exhibits shall be numbered on yellow exhibit stickers starting with “1”. Defendant's exhibits shall be numbered on blue exhibit stickers starting with “501”. The case number shall be printed on each exhibit sticker. Each exhibit shall be paginated. Except for exhibit stickers and exhibit page numbers for trial, parties must ensure exhibits used during the course of trial and provided to the jury for deliberations are clear of any numbering from discovery or earlier court proceedings. Joint Witness List Jointly file a witness list that identifies all proposed trial witnesses and indicates: Yes Yes 1. all witnesses whose testimony may be received without objection; 2. all other witness testimony that will be the subject of objection together with: (a) a concise summary of the challenged testimony, (b) a one-line statement of the admissible purposes for which that challenged testimony is proffered, (c) a one-line summary statement of the bases for all objections to that proffered testimony, and (d) one-line responses to any objections; and PAGE 4 – CIVIL JURY TRIAL MANAGEMENT ORDER Item Description Filed? Copy? 3. an estimate of the time necessary to complete the testimony of each witness. If a witness is to be called by both sides, the parties are directed to confer as to the most efficient and fair presentation of testimony. The Court expects all witnesses to testify in person, subject to Federal Rule of Civil Procedure 43(a). For each witness, denote whether the witness will testify as a lay witness or expert witness. - For lay witnesses: list all parties, corporate representatives, and other witnesses to be called, showing names and occupations if relevant. - For expert witnesses: supply a short summary of the expert’s qualifications and proffered testimony. If any party intends to use a deposition instead of live testimony under Federal Rule of Civil Procedure 32, the party shall file a list identifying the deposition that it plans to use and explain how Federal Rule of Civil Procedure permits the use of the deposition testimony. For any deposition designation sought to be admitted, the parties shall confer and develop a chart that briefly sets out any objections to the admission of that testimony. This chart shall include 1) a column specifying the disputed portion of testimony, 2) a brief description of the objections, 3) a response to those objections, and 4) a blank column for the Court’s decision. This shall be filed along with the relevant portions of the transcript(s) in dispute. The parties shall jointly submit one chart that includes entries for any objected-to deposition testimony to be designated. Identify Deposition Testimony to Be Used Instead of Live Testimony PAGE 5 – CIVIL JURY TRIAL MANAGEMENT ORDER Yes Yes THIRD WAVE OF DOCUMENTS IS DUE 14 DAYS BEFORE THE PRETRIAL CONFERENCE Item Responses to motions in limine, in a single document not to exceed 15 pages without leave of court. Impeachment Witnesses or Exhibits: Names and statements of impeachment witnesses, and/or copies of impeachment exhibits shall be sealed and delivered to the court. Filed? Yes DO NOT FILE Copy? Yes Yes – to Court only DUE TWO BUSINESS DAYS AFTER FILING OF THE THIRD WAVE: Item Joint Ruling Chart – Motions in Limine Description The parties shall prepare and submit to the Court an agreed-upon chart of all motions in limine which the Court is to consider (see Example #3 for format). Filed? Copy? No Yes—email to the courtroom deputy in Word NOTE: If rulings on motions in limine relate to objections to witnesses and /or exhibits, please cross-reference. PRETRIAL CONFERENCE: During the pretrial conference, the parties shall be prepared to discuss the following: Deposition testimony objections; Exhibit and witness objections; Preadmission of exhibits; a) b) c) What, if any, technological aids will be used to display exhibits to the jury; d) e) Motions in limine; Voir dire matters; f) Jury instructions; g) Verdict form; and, h) Settlement and/or mediation efforts. i) TWO BUSINESS DAYS AFTER THE PRETRIAL CONFERENCE: Reflecting the rulings at the pretrial conference, the parties shall file: (1) an updated exhibit list; (2) a joint list of all anticipated trial witnesses’ names; (3) an updated Joint Ruling Chart; and (4) Jury Evidence Recording System (“JERS”) thumb drive.5 The updated exhibit list shall contain five columns to the right of the exhibit description 5 Separate order to follow with instructions for providing the electronic exhibits specifically for JERS. For trials in Pendleton, the parties do not need to prepare a JERS thumb drive. The jury will be provided with physical exhibit binders. PAGE 6 – CIVIL JURY TRIAL MANAGEMENT ORDER labeled: “Pretrial Ruling,” “ Stipulated,” “Preadmitted,” “Offered,” and “Received,” in that order. Exhibit lists containing supplemental exhibits must be captioned as First/Second/Third Amended Exhibit List and must list the proposed exhibits as well as all previous exhibits (see Example #4 for format). Impeachment exhibits shall be identified on the exhibit list simply as “Impeachment Exhibit” with no further description. ). Each amended exhibit list must show removed exhibits in strikethrough text (example) and must highlight any new exhibits If a previously numbered exhibit is amended per a ruling of the Court or agreement of the parties, parties are to add that amended exhibit to the end of the list with a new number, instead of replacing the exhibit under the same number. As an illustration, if Plaintiff’s Exhibit #6 is amended due to agreed-upon redactions, the newly redacted exhibit will be added to the end of Plaintiff’s list with a new number and will not replace the original Exhibit #6. On the amended exhibit list, the original Exhibit #6 will be listed in strikethrough font. When applicable, include a short (one sentence or less) summary of the Court’s rulings on any exhibits from the pretrial conference in the “pretrial ruling” column. Impeachment exhibits shall be identified on the exhibit list simply as “Impeachment Exhibit” with no further description. As noted above, even when an exhibit is preadmitted, it will not remain in evidence for the jury to consider unless it was used during trial and properly submitted to the jury. The parties are responsible for ensuring that the exhibits that are in evidence at the end of trial were used during trial. No exhibits or testimony will be received into evidence at trial, nor will any amended pleadings or supplemental jury instructions be accepted unless presented in accordance with this Order. Late submissions will not be accepted absent a strong showing of good cause balanced against any prejudice to the opposing party. IT IS SO ORDERED. DATED: _________________________. ____________________________________ AMY M. BAGGIO United States District Judge PAGE 7 – CIVIL JURY TRIAL MANAGEMENT ORDER

=== Civil Court Trial Management Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON No. CIVIL COURT TRIAL MANAGEMENT ORDER , , Plaintiff(s), v. Defendant(s). BAGGIO, District Judge: Trial documents are due according to the following schedule, subject to any modifications by the Court. The charts below specify which documents must be filed on CM/ECF and/or provided to the Court. This document also contains guidance and the Court’s expectations about the parties’ duty to confer before the pretrial conference. Please see Judge Baggio’s webpage on the District of Oregon’s website for more information regarding best practices for trial and expectations for litigants appearing in her courtroom. For further information on trial procedures, please refer to the Trial Court Guidelines for the District of Oregon at: www.ord.uscourts.gov/index.php/attorneys/trial-court-guidelines The Pretrial Conference is set on ________________________in Portland Courtroom 14B. The Court Trial is set to begin on ________________________ in Portland Courtroom 14B. PAGE 1 – CIVIL COURT TRIAL MANAGEMENT ORDER FIRST WAVE OF DOCUMENTS IS DUE 28 DAYS BEFORE THE PRETRIAL CONFERENCE Item Itemized List of Economic Damages Joint Statement of Legal Standards Description Specify damages sought and how such damages will be proven—i.e., through which exhibits and/or witness testimony. The parties shall submit a single document summarizing the relevant legal standards (with citation to legal authority) for each claim and defense in the case. If the parties disagree as to a legal standard, two alternative standards may be submitted along with a brief analysis and citations to any relevant legal authority supporting each side’s position. Joint Proposed Findings of Fact and Conclusions of Law The parties shall submit a joint proposed findings of fact and conclusions of law. If the parties disagree as to any conclusion of law or factual finding, two alternatives may be submitted along with a brief analysis and citations to any relevant authority supporting each side’s alternative. The parties shall include citations to evidence that they anticipate will come in at trial. Filed?1 Copy?2 Yes Yes Yes Yes Yes Yes The parties shall submit a hard copy of this document and submit it via email to the courtroom deputy in Word format. The parties should expect to submit a redlined version of their Proposed Findings of Fact and Conclusions of Law within a week of the last day of trial to reflect the evidence presented during the course of trial. SECOND WAVE OF DOCUMENTS IS DUE 21 DAYS BEFORE THE PRETRIAL CONFERENCE Item Description Motions in Limine3 All motions in limine shall be filed as sub-parts within a single document not to exceed 20 pages Filed? Copy? Yes Yes 1 File this item in CM/ECF. 2 Provide a copy to the Court. All Judge’s paper copies of trial documents shall be three-hole punched and double-sided. Judge’s copies must be submitted to the clerk’s office the same day the original document is filed. 3 Daubert motions are to be filed separately from motions in limine. Consistent with the Court’s Civil Case Management Order, when the parties anticipate bringing a Daubert challenge to a PAGE 2 – CIVIL COURT TRIAL MANAGEMENT ORDER Item Description Filed? Copy? Yes DO NOT FILE EXHIBITS Only file Joint List of Exhibits and Objections to Exhibits without leave of court. Conferral is required. See Local Rule 7-1. Exhibits and Joint List of Exhibits and Objections JOINT LIST OF EXHIBITS AND OBJECTIONS: The parties are ordered to jointly file a proposed exhibit list that identifies: (1) all stipulated exhibits that may be received without objection; and (2) all remaining exhibits to be offered by any party and a summary statement of the bases for all objections to any proffered exhibit and a one-line summary statement of the response to the objection. See Example #2 for format.4 Parties are to confer to avoid duplicating exhibits. Even if an exhibit is preadmitted, it will not be considered by the Court in its decision unless it is if published to the Court during trial. Parties are advised that the Court generally only preadmits exhibits that are stipulated to by all parties. EXHIBIT COPIES: Parties should provide the Court with both physical and electronic Judge’s copies of exhibits. The physical Judge's copies of all exhibits shall be double-sided and placed into separate, three-hole binders with clearly marked index tabs, numbered for each exhibit. The electronic Judges’ copies should be submitted on a thumb drive. Plaintiff's exhibits shall be numbered on yellow exhibit stickers starting with “1”. Defendant's exhibits shall be numbered on blue exhibit stickers starting with “501”. The case number shall be printed on each exhibit proposed expert the Court will set separate a separate deadline for Daubert motions at the trial scheduling conference. 4 All examples in this trial management order can be found on Judge Baggio’s webpage: https://ord.uscourts.gov/index.php/court-info/our-judges/judge-baggio PAGE 3 – CIVIL COURT TRIAL MANAGEMENT ORDER Item Description Filed? Copy? sticker. Each exhibit shall be paginated. Except for exhibit stickers and exhibit page numbers for trial, parties must ensure exhibits used during the course of trial and provided to the jury for deliberations are clear of any numbering from discovery or earlier court proceedings. Joint Witness List Jointly file a witness list that identifies all proposed trial witnesses and indicates: Yes Yes 1. all witnesses whose testimony may be received without objection; 2. all other witness testimony that will be the subject of objection together with: (a) a concise summary of the challenged testimony, (b) a one-line statement of the admissible purposes for which that challenged testimony is proffered, and (c) a one-line summary statement of the bases for all objections to that proffered testimony, and a one-line response to any objections; and 3. an estimate of the time necessary to complete the testimony of each witness. If a witness is to be called by both sides, the parties are directed to confer as to the most efficient and fair presentation of testimony. The Court expects all witnesses to testify in person, subject to Federal Rule of Civil Procedure 43(a). For each witness, denote whether the witness will testify as a lay witness or expert witness. • For lay witnesses: list all parties, corporate representatives, and other witnesses to be called, showing names and occupations if relevant. • For expert witnesses: supply a short summary of the expert’s qualifications and proffered testimony. Identify Deposition If any party intends to use a deposition instead of live testimony under Federal Rule of Civil Yes Yes PAGE 4 – CIVIL COURT TRIAL MANAGEMENT ORDER Item Description Filed? Copy? Testimony to Be Used instead of Live Testimony Procedure 32, the party shall file a list identifying that deposition and explain how the Federal Rules of Civil Procedure permit such use of deposition testimony. For any deposition designation sought to be admitted, the parties shall confer and develop one joint chart that briefly sets out any objections to the admission of that testimony. This chart shall include 1) a column specifying the disputed portion of testimony, 2) a brief description of the objections, 3) a response to those objections, and 4) a blank column for the Court’s decision. This shall be filed along with the relevant portions of the transcript(s) in dispute. The parties shall jointly submit one chart that includes entries for any objected-to deposition testimony to be designated. THIRD WAVE OF DOCUMENTS IS DUE 14 DAYS BEFORE THE PRETRIAL CONFERENCE Item Responses to motions in limine, in a single document not to exceed 15 pages without leave of court. Impeachment Witnesses or Exhibits: Names and statements of impeachment witnesses, and/or copies of impeachment exhibits shall be sealed and delivered to the court. Filed? Yes DO NOT FILE Copy? Yes Yes – to Court only DUE TWO BUSINESS DAYS AFTER FILING OF THE THIRD WAVE: Item Joint Ruling Chart – Motions in Limine Description The parties shall prepare and submit to the Court an agreed-upon chart of all motions in limine which the Court is to consider (see Example #3 for format). Filed? Copy? No Yes—email to the courtroom deputy in Word NOTE: If rulings on motions in limine relate to objections to witnesses and /or exhibits, please cross-reference. PRETRIAL CONFERENCE: During the pretrial conference, the parties shall be prepared to discuss the following: a) Exhibit and witness objections; PAGE 5 – CIVIL COURT TRIAL MANAGEMENT ORDER Preadmission of exhibits; b) c) What, if any, technological aids will be used to display exhibits during trial; d) e) Motions in limine; and, f) Settlement and/or mediation efforts. Deposition testimony objections; TWO BUSINESS DAYS AFTER THE PRETRIAL CONFERENCE: Reflecting the rulings at the pretrial conference, the parties shall file: (1) an updated exhibit list; (2) a joint list of all anticipated trial witnesses’ names; and (3) an updated Joint Ruling Chart. The updated exhibit list shall contain five columns to the right of the exhibit description labeled: “Pretrial Ruling,” “ Stipulated,” “Preadmitted,” “Offered,” and “Received,” in that order. Exhibit lists containing supplemental exhibits must be captioned as First/Second/Third Amended Exhibit List and must list the proposed exhibits as well as all previous exhibits (see Example #4 for format). Impeachment exhibits shall be identified on the exhibit list simply as “Impeachment Exhibit” with no further description. ). Each amended exhibit list must show removed exhibits in strikethrough text (example) and must highlight any new exhibits If a previously numbered exhibit is amended per a ruling of the Court or agreement of the parties, parties are to add that amended exhibit to the end of the list with a new number, instead of replacing the exhibit under the same number. As an illustration, if Plaintiff’s Exhibit #6 is amended due to agreed-upon redactions, the newly redacted exhibit will be added to the end of Plaintiff’s list with a new number and will not replace the original Exhibit #6. On the amended exhibit list, the original Exhibit #6 will be listed in strikethrough font. When applicable, include a short (one sentence or less) summary of the Court’s rulings on any exhibits from the pretrial conference in the “pretrial ruling” column. Impeachment exhibits shall be identified on the exhibit list simply as “Impeachment Exhibit” with no further description. As noted above, even when an exhibit is preadmitted, it will not remain in evidence unless it was used during trial and properly submitted to the court. The parties are responsible for ensuring that the exhibits that are in evidence at the end of trial were used during trial. No exhibits or testimony will be received into evidence at trial, nor will any amended pleadings be accepted, unless presented in accordance with this Order. Late submissions will not be accepted absent a strong showing of good cause balanced against any prejudice to the opposing party. IT IS SO ORDERED. DATED: _________________________. ____________________________________ AMY M. BAGGIO United States District Judge PAGE 6 – CIVIL COURT TRIAL MANAGEMENT ORDER

=== Criminal Jury Trial Management Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON UNITED STATES OF AMERICA, Plaintiff, v. _____________________________, Defendant(s). No. __________________ CRIMINAL TRIAL MANAGEMENT ORDER BAGGIO, District Judge. I. FOR CASES PROCEEDING TO TRIAL. If the matter will proceed to trial, no later than TWENTY-EIGHT (28) days prior to the scheduled pretrial conference, counsel shall notify the Courtroom Deputy (CRD) and file pretrial documents (see below). Counsel shall also advise the Court of the estimated length of the trial. When notified that the case is ready to proceed to trial, the Court will schedule a pretrial conference. Please see Judge Baggio’s webpage on the District of Oregon’s website for more information regarding best practices for trial and expectations for litigants appearing in her courtroom. For further information on trial procedures, please refer to the Trial Court Guidelines for the District of Oregon at: www.ord.uscourts.gov/index.php/attorneys/trial-court-guidelines Pretrial documents shall be filed as follows:1 (1) Twenty-Eight (28) days prior to the scheduled pretrial conference, the parties shall simultaneously file: 1 A paper Judge’s copy of ALL pretrial documents, regardless of the number of pages, shall be submitted the same day as the original documents are filed. All Judge’s copies of documents shall be double-sided and three-hole punched on the left side before submission. CRIMINAL TRIAL MANAGEMENT ORDER (a) all motions in limine; (b) trial memoranda; (c) requested jury instructions (also submit in Word format as an e-mail attachment to the CRD); i. the parties shall jointly submit one single document of the jury instructions they would like the Court to give the jury. That single document should contain all of the necessary instructions, with all of the elements and relevant facts of the case filled in. Do not leave any placeholders for the Court to fill in. The document should include an index. Insert page breaks between instructions and between contested versions of the same instruction. See Example #1 for format.2 ii. If there is a disagreement between the parties as to an instruction, for each disputed instruction, include 1) the Ninth Circuit Model Jury Instruction or other model instruction, if applicable; 2) Government’s preferred instruction version under a header highlighted in yellow; 3) Defendant’s preferred instruction version under a header highlighted in blue. Each party is to include a succinct explanation for its/their preferred instruction and citations to legal authority. If either party disagrees that a proposed instruction should be given, indicate that under the appropriate header. These explanations are the parties’ opportunity to make the record as to their legal objection(s) to a proposed instruction. iii. The Court intends to provide the jury with an excerpt of instructions prior to opening statement. That excerpt will include: the presumption of innocence, the burden(s) of proof defined, the charges per count, and the elements of each offense charged. Parties are directed to confer on appropriate instructions and include a draft “Pre-Opening Statement Instructions” in their proposed instructions, noting any objections in the same manner described in (1)(c)(ii). iv. NOTE: The Court expects to resolve all objections to jury instructions prior to opening statements. Should an unforeseeable new issue arise during the trial, of course the Court will address such issues as appropriate. However, counsel should expect to have their complete set of requested instructions included in this pretrial filing. (d) proposed voir dire questions; 2 All examples in this trial management order can be found on Judge Baggio’s webpage: https://ord.uscourts.gov/index.php/court-info/our-judges/judge-baggio. CRIMINAL TRIAL MANAGEMENT ORDER (e) exhibit list;3 4 i. Parties are to confer to avoid duplicating exhibits, if possible. If Defendant does not submit an exhibit list, they are directed not to duplicate the same exhibits introduced by the Government to the extent possible. ii. Parties are reminded that only admitted exhibits may be published to the jury. iii. Except for exhibit stickers and page numbers for trial, parties must ensure exhibits used during the course of trial and provided to the jury for deliberations are clear of any numbering from discovery or earlier court proceedings. iv. By close of business two days after the Pretrial Conference, parties are directed to file a REVISED Exhibit List that captures the Court’s decisions from the Pretrial Conference, see Example 4, and deliver the JERS USB drive to the Clerk’s office, see Supplemental TMO. v. NOTE: If an objection to an exhibit is sustained or the parties otherwise agree to withdraw or modify an exhibit listed on the original exhibit list, the parties must file an amended joint exhibit list. If a party offers an amended exhibit per negotiations or to comply with the Court’s pretrial ruling (to add a redaction, for example), the parties are directed to add the modified exhibit under a new exhibit number. Do not re-use exhibit numbers already used for another proposed exhibit. Parties must file a red-lined, amended exhibit list to make plain any changes to a previously filed version. (f) expert witness list and summaries of any expert testimony;5 and 3 Exhibits are not filed. A copy of each numbered exhibit shall be supplied to the court and opposing counsel. Original exhibits shall be submitted at the time of trial. Both the original and the Judge’s copies of exhibits shall be marked, three-hole punched and placed into binders with clearly marked index tabs. The binders shall be clearly marked on the outside whether they are the Government’s or Defendant’s exhibits. All staples and clips shall be removed from the exhibits. The Government’s exhibits shall be numbered on yellow exhibit stickers beginning with “1.” Defendant’s exhibits shall be numbered on blue exhibit stickers beginning with “501.” 4 Defendant is not required to disclose exhibits in advance of trial but may choose to do so, particularly if Defendant seeks a pretrial ruling on the admissibility of a particular exhibit. 5 If the parties anticipate a Daubert challenge to a proposed expert, counsel are to contact the CRD to set a briefing schedule and Daubert hearing. CRIMINAL TRIAL MANAGEMENT ORDER (g) proposed verdict form, as a joint filing if possible after good faith conferral (also submit in Word format as an e-mail attachment to the CRD); and (h) the Government shall file a complete witness list. (2) At least TWENTY-ONE (21) days prior to the scheduled pretrial conference any responses to motions in limine and objections to exhibits and witness, if any, shall be filed. The courtroom is equipped with digital evidence presentation. Counsel are encouraged to use this equipment at trial. Arrangements can be made to demonstrate the equipment by contacting the CRD at least one week before trial. II. FOR CASES NOT PROCEEDING TO TRIAL. If the matter will not proceed to trial, no later than TWENTY-EIGHT (28) days prior to the scheduled pretrial conference, counsel shall set a plea hearing with the CRD or file a motion to continue the trial date. (1) Counsel are to set a plea hearing by emailing the CRD and advising if Defendant is in custody and whether or not an interpreter is needed for the hearing. Plea agreements and plea petitions (even if unsigned) are due to the Court by Noon the day before the plea hearing. (2) Any motion to continue a criminal trial shall include (either within the motion or separately filed declaration): (a) a statement of the number and length of previous continuances; (b) a proposed trial date and detailed reason for the continuance stated with sufficient specificity to permit the Court to make findings of the necessity for a continuance. If necessary to prevent disclosure of work product or other privileged material, a party may file a motion to file under seal in order to submit an additional declaration under seal setting out the facts that warrant a continuance; (c) if in custody, defense counsel shall include Defendant’s current location; (d) a representation that counsel has spoken to his or her client and the client agrees with the continuance, understands the rights provided by the Speedy Trial Act, and waives those rights in light of the reason for the continuance. The request to exclude time under the Speedy Trial Act shall extend 30 days beyond the requested new trial date. Attorneys may only speak for their own clients. The client’s written consent for continuance may be filed instead; and, (e) the positions of all other parties, including the Government, concerning the proposed continuance. (In cases with multiple defendants being tried together, the position of each defendant must be provided to the Court by each defendant’s CRIMINAL TRIAL MANAGEMENT ORDER attorney in the form of a declaration.) NOTE: Defendants will not be taken off the U.S. Marshal’s transport list until acceptable submissions are received and the motion to continue the trial date is granted. A status conference may be required upon the filing of any motion to continue. IF ANY CHANGE IN TRIAL DATE IS GRANTED, THE TIMEFRAMES SET OUT IN THIS ORDER SHALL APPLY TO ANY NEW PRETRIAL CONFERENCE AND/OR TRIAL DATE. IT IS SO ORDERED. DATED: _________________________ ____________________________________ AMY M. BAGGIO United States District Judge CRIMINAL TRIAL MANAGEMENT ORDER