Courtroom Procedures Policy; Criminal Pretrial Conference Schedule 2026-2027 - WJE; Criminal Scheduling and Trial Order-WJE; Consent to Entry of Felony Plea Before U.S. Magistrate Judge-WJE; Standing Order for Change of Plea-WJE; Change of Plea Hearing Colloquy-WJE; Civil Scheduling and Jury Trial O

=== Courtroom Procedures Policy ===

January 3, 2024 Policy on Courtroom Procedures Chief U.S. Magistrate Judge Willie J. Epps, Jr. The following policy constitutes a practical, common-sense compilation of procedures for the courtroom. All lawyers shall adhere to this policy when appearing before Judge Epps. Tech Equipment Please test the equipment in the courtroom more than one week prior to trial. This is a requirement, not an option. There should not be any technology glitches during trial that could have been avoided with proper preparation. Counsel may schedule a time to test courtroom equipment with an information technology specialist at 573-636-4015. Understand how to properly impeach a witness from the podium using the tech equipment. This avoids the inconvenience of approaching a witness with a paper copy of a report or deposition, as well as the confusion in court and difficulty for the court reporter. Identify whether there will be one technician displaying exhibits for all parties or separate technicians for each party. Courtroom Conduct Prior to trial, please designate for the Court lead counsel and identify all individuals who will sit at counsel’s table. For the sake of the court reporter and the jury, always stand at the podium or at counsel’s table and speak into the microphone when on the record. The court reporter can only transcribe one speaker at a time. Be mindful not to speak over others at all times, especially when questioning witnesses and during sidebars. Always be professional and respectful, including moments when the jury is not present or when court is off the record. Avoid dramatic facial expressions and gestures when Judge Epps or opposing counsel are speaking. Address individuals, including opposing counsel and witnesses, by their last names and the appropriate title, e.g., Dr., Mr., or Ms. Exhibits Please confer with opposing counsel prior to trial to come to an agreement concerning whether or not certain exhibits may be used during opening statements. If so, review and agree on those exhibits in advance. Exhibits should be marked individually. If only one page or portion of evidence will be admitted, it should have its own exhibit number. Please do not attempt to admit only a piece of an exhibit or to use “sub-exhibit” numbers. (e.g., you may not admit page 63 of exhibit 29. If the entire exhibit will not be admitted, it must be divided.) Check the exhibit list carefully for errors prior to trial. Mistakes in exhibit numbering only slow down trial tempo and are a waste of time for all involved. Confer with opposing counsel to come to an agreement concerning what exhibits will be admitted at trial. Jointly pre-admit these exhibits to the Court with an accompanying list of exhibits on which no consensus can be reached by the parties. Voir Dire The Court will ask all questions during voir dire unless counsel request, during pre-trial hearing, extensive participation in the jury selection process. Voir dire questions must be submitted to the Court before trial. The Court will notify both parties of the final questions prior to jury selection. If a potential juror requires further, individual examination, counsel will have an opportunity to question that specific juror outside the hearing of the rest of the jury panel. Objections To object, stand and speak into the microphone, “Your honor, objection.” The Court will ask you to state your basis briefly. Use discretion, understanding that the jury is listening. Do not create a prejudicial error by giving a speech with your objection in the presence of the jury. Sidebars allowing for argument over objections will be very limited. Jury Questions With agreement of the parties, the jury will have an opportunity to ask written questions of every witness who testifies in court. In a sidebar, both parties may choose to object to questions before they are presented to the witness. The Court will read a question and poll lead counsel for each party. State whether you object or agree to the question and provide a brief basis. Do not offer a lengthy explanation. Questions that are posed to witnesses will be docketed for the record after trial. Opening Statement and Closing Argument Each party will have thirty minutes for an opening statement and thirty minutes for closing argument. If the parties are in agreement, the jury will be instructed on the law prior to an opening statement, and again before closing argument. Communication with Chambers For questions regarding scheduling and the Court’s Electronic Filing System, attorneys should contact Judge Epps’ Courtroom Deputy at 573-556-7564. For other questions, attorneys should contact a law clerk at 573-634-3418. 3

=== Criminal Pretrial Conference Schedule 2026-2027 - WJE ===

To: All Counsel MEMORANDUM From: Angel L. Geiser, Courtroom Deputy to Chief Magistrate Judge Willie J. Epps, Jr. Date: November 5, 2025 Re: Criminal Pretrial Conference Schedule for 2026-2027 Pretrial Conference with Judge Epps: Joint Accelerated Criminal Jury Trial Docket: December 9, 2025 January 13, 2026 February 17, 2026 March 24, 2026 May 5, 2026 June 9, 2026 July 14, 2026 August 18, 2026 September 22, 2026 November 3, 2026 December 8, 2026 January 12, 2027 February 16, 2027 March 23, 2027 April 27, 2027 June 1, 2027 July 6, 2027 August 17, 2027 September 21, 2027 November 2, 2027 December 7, 2027 January 5, 2026 February 9, 2026 March 16, 2026 April 20, 2026 June 1, 2026 July 6, 2026 August 10, 2026 September 14, 2026 October 19, 2026 November 30, 2026 January 4, 2027 February 8, 2027 March 15, 2027 April 19, 2027 May 24, 2027 June 28, 2027 August 2, 2027 September 13, 2027 October 18, 2027 November 29, 2027 January 3, 2028

=== Criminal Scheduling and Trial Order-WJE ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION UNITED STATES OF AMERICA, Plaintiff, v. DEFENDANT’S NAME, Defendant. No. 2:00-CR-0000-ABC-00 ARRAIGNMENT, TRIAL SETTING, AND DISCOVERY ORDER The Defendant has been arraigned and entered a plea of Not Guilty. I. TRIAL SETTING Date of Arraignment Date of this Order Pretrial Conference Date Joint Criminal Trial Docket Date Date Date Date Requested Date Requested Unless the Defendant has entered a plea of guilty, a motion to continue shall be filed, in writing, five business days prior to the pretrial conference. The motion shall propose a new trial date, state whether or not any other party opposes the motion, and provide a reason for the continuance. The Court will not schedule a change of plea hearing before Chief Magistrate Judge Epps unless the party seeking to schedule the hearing represents that the defendant has consented to having a Magistrate Judge preside over the hearing. Counsel must notify the Courtroom Deputy of the Defendant’s intent to enter a plea of guilty before Judge Epps at least three (3) business days prior to the pretrial conference. Absent extraordinary circumstances, the date of the pretrial conference or, for Springfield cases, the last day Judge Epps is scheduled to be in Springfield prior to the Joint Accelerated Criminal Jury Trial Docket, is the last day that Judge Epps will hold a change of plea hearing. After the pretrial conference, a Defendant who wishes to enter a plea of guilty may be directed to schedule the hearing before the District Judge to whom the case is assigned. For requirements on setting a change of plea hearing, please see Judge Epps’ Standing Order for Change of Plea (available at https://www.mow.uscourts.gov/judges/epps). Prior to the start of the change of plea hearing, the final plea agreement and a written consent to proceed before a Magistrate Judge are to be signed and emailed to Judge Epps’ Courtroom Deputy. If the documents are not completed prior to the change of plea hearing, the change of plea hearing may be rescheduled before the District Judge to whom the case is assigned. Neither a change of plea setting nor the filing of a pretrial motion will remove a case from the Court’s trial docket. II. DISCOVERY At the arraignment, Defense Counsel requested all discovery to which the Defendant may be entitled pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the United States Constitution. The Government requested all reciprocal discovery to which it is entitled pursuant to the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the United States Constitution. Counsel for the Government and the Defendant agreed to voluntarily provide Jencks Act material at least ten days prior to trial. The Government stated that this case will proceed via voluntary discovery. The following discovery deadlines apply unless otherwise ordered by the Court.1 III. DISCOVERY PROVIDED BY THE GOVERNMENT Within ten days from the date of this Order, the Government shall disclose or make available for inspection, copying, or photographing to Defense Counsel, the following information within the possession, custody and control of the Government or the existence of which is known or by the exercise of due diligence may become known to the attorney for the Government: A. Convictions. 1. 2. A copy of the prior criminal record of the Defendant, if any, which is within the possession, custody, or control of the Government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the Government. A copy of the Defendant’s prior felony convictions which the Government intends to use for impeachment. B. Statements. 1 The disclosures required by this Order are subject to the continuing duty to disclose contained in Rule 16(c) of the Federal Rules of Criminal Procedure. C. D. 1. 2. 3. Any written or recorded statement, or copy thereof, made by the Defendant which is within the possession, custody, or control of the Government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the Government. The substance of any oral statement made by the Defendant whether before or after arrest, to an attorney for the Government, a federal agent, or any other law enforcement officer. The recorded testimony of the Defendant before a Grand Jury which relates to the offense charged. Other Discovery. 1. Any books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody or control of the Government and which are material to the preparation of the Defendant’s defense or are intended for use by the Government as evidence-in-chief at the trial, or were obtained from or belong to the Defendant. 2. Any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody or control of the Government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the Government, and which are material to the preparation of the Defense or are intended for use by the Government as evidence-in-chief at the trial. Evidence Arguably Subject to Suppression. 1. Identify and provide a list of the physical or tangible evidence seized, pursuant to a state or federal search warrant, consent of the Defendant or of some other person or incident to the arrest of the Defendant and as to each item described and identified provide the following: a. b. c. d. e. The location from which the evidence was seized; The date and time of the search and seizure; The name and address of the person(s) making the seizure; The name and address of any witness(es) to the seizures; and In lieu of items (a)-(d), the Government can provide all reports relating to any search and seizures within its possession, custody, and control, the existence of which is known or by the exercise of due diligence may become known to the attorney for the Government. 2. Identify and list by date all electronic surveillance, including any court- ordered interceptions of oral or wire communications, consensual recordings of telephone conversations, body recorders, wiretaps, pen registers or trap and trace devices, video cameras, or bank surveillance cameras and provide the following: 3. a. b. All logs, notes, reports or other material relating to the electronic surveillance; Copies and transcripts, if transcribed, of any recorded conversations; and c. Copies of all videotape, including bank surveillance tapes. Disclosure of any identification procedure of the Defendant that has been used either by way of lineups or photographic or voice identification and for each such procedure provide the following information: The name and address of each identification witness; a. The method of identification; b. The specific items used in the identification procedure, i.e., c. photographs, tape recordings, etc.; The date and location of the identification procedure; The results of the identification procedure; and Notes, memorandum, identification procedure. reports and regarding d. e. f. records the 4. In lieu of items (a)-(f), the Government can provide all reports relating to any identification procedure of the Defendant within its possession, custody, and control, the existence of which is known or by the exercise of due diligence may become known to the attorney for the Government. IV. DISCOVERY PROVIDED BY THE DEFENDANT Documents/Reports/Tests. 1. Upon compliance with the Government’s discovery obligations under sections II.C.1. or II.C.2. above, the Defendant shall permit the Government to inspect, copy, or photograph the following categories of material: a. Any books, papers, documents, photographs, tangible objects, or copies or portions thereof, which are within the possession, custody, or control of the Defendant and which the Defendant intends to introduce as evidence-in-chief at the trial. Any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession or control of the Defendant, which the Defendant intends to introduce as evidence-in-chief at the trial or which were prepared by a witness whom the Defendant intends to call at the trial when the results or reports relate to that witness’ testimony. b. Alibi Evidence. 1. Within thirty days from the date of this Order, the Defendant shall serve upon the Government a written notice of the Defendant’s intention to offer a defense of alibi. Such notice shall state the specific place or places at which the Defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the Defendant intends to rely to establish such alibi. A. B. 2. 3. Within ten days thereafter, but in no event less than ten days before trial, the Government shall serve upon the Defendant a written notice stating the names and addresses of the witnesses upon whom the Government intends to rely to establish the Defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the Defendant’s alibi witnesses. If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished above, the party shall promptly notify the other party of the existence and identity of such additional witness. V. EXPERT TESTIMONY A. Rule 16(a)(1)(E) Experts. 1. No later than thirty days prior to the trial, the Government shall disclose to the Defendant a written summary of testimony that the Government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial. The written summary should identify the witnesses, describe the witnesses’ opinions, the bases and the reasons for the opinions, and the witnesses’ qualifications. No later than fourteen days prior to trial, the Defendant shall disclose to the Government a written summary of testimony that the Defendant intends to use under Rules 702, 703, or 705 as evidence at trial. The written summary should identify the witnesses, describe the witnesses’ opinions, the bases and the reasons for the opinions, and the witnesses’ qualifications. 2. B. Mental Health Experts/Evidence. 1. 2. 3. 4. On or before twenty days from arraignment, the parties must file any motion seeking to determine the Defendant’s mental competency, pursuant to 18 U.S.C. § 4241. On or before twenty days from arraignment, the Defendant shall file a notice, in writing, which complies with the requirements of Rule 12.2 of the Federal Rules of Criminal Procedure stating: a. Whether the Defendant intends to rely upon the defense of insanity at the time of the alleged offense; and Whether the Defendant intends to introduce expert testimony relating to a mental disease or defect or any other mental condition of the Defendant bearing upon the issue of guilt. b. If the Defendant gives notice under Rule 12.2(b) of an intent to present expert testimony on the Defendant’s mental condition, on or before thirty days prior to trial, the Defendant shall identify the experts and provide a summary of the witnesses’ opinions, the bases and reasons for those opinions and the witnesses’ qualifications. If the Defendant complies with the requirements of IV.B.2. and IV.B.3., on or before fourteen days prior to trial, the Government shall disclose to the Defendant a written summary of testimony the Government intends to A. B. C. use under Rules 702, 703, or 705 as evidence at trial on the issue of the Defendant’s mental condition. The summary shall describe the witnesses’ opinions, the bases and the reasons for those opinions, and the witnesses’ qualifications. VI. EVIDENCE FAVORABLE TO THE DEFENSE Brady Evidence. Within ten days from the date of this order, the Government is directed to disclose all exculpatory evidence—that is, evidence that favors the Defendant or casts doubts on the United States’ case—as required by Brady v. Maryland and its progeny. The Government also has an ongoing duty to provide Brady material. If additional Brady material is discovered more than ten days after the arraignment, such information should be disclosed promptly, but in any event within ten days of the discovery of the additional Brady material. Failure to disclose exculpatory evidence in a timely manner may result in consequences, including exclusion of evidence, adverse jury instructions, dismissal of charges, contempt proceedings, disciplinary action, or sanctions by the Court. Giglio Impeachment Evidence. No later than ten days prior to trial, the Government is directed to disclose all evidence which may tend to adversely affect the credibility of any person called as a witness by the Government, pursuant to Giglio v. United States and United States v. Agurs, including the arrest and/or conviction record of each Government witness, any offers of immunity or lenience, whether made directly or indirectly, to any Government witness in exchange for testimony, and the amount of money or other remuneration given to any witness. Entrapment Evidence. Within ten days from the date of this Order, the Government is directed to provide discovery, inspection, and copying or photographing of any information suggesting entrapment of the Defendant which is within the possession, custody or control of the Government or the existence of which is known or by the exercise of due diligence may become known to the Government attorney. E. D. Witness Inducements. No later than seven days prior to trial, the Government is directed to provide written disclosure of: (a) the names(s) and address(es) of the witness(es) to whom the Government has made a promise; (b) all promises or inducements made to any witness(es); (c) all agreements entered into with any witness(es); and (d) the amount of money or other remuneration given to any witness(es). Informants. Unless the Government has made a claim of privilege as to an informant, the Government is directed to provide, no later than seven days prior to trial: (a) the name(s) and address(es) of the informant(s); (b) all promises or inducements to the informant(s); (c) all agreements entered into with the informant(s); (d) the amount of money or other remuneration given to the informant(s); (e) identification of the informant(s)’ prior testimony; (f) evidence of psychiatric treatment; (g) evidence of the informant(s)’ narcotic habit; and (h) the name, address and phone number for the lawyer(s) for the informant(s), if represented by counsel. If an informant objects to the disclosure of his or her address, the Government shall produce the informant to Defense Counsel for a determination of whether or not the informant will consent to an interview. If the A. B. C. informant refuses to appear, the United States shall provide a written statement to that effect signed by the informant or informant’s counsel. VII. PRETRIAL FILINGS Pretrial Motions. On or before twenty days from the date of this Order, the parties shall file any relevant pretrial motions. Any suggestions in opposition shall be filed on or before ten days thereafter. For defendants who are represented by counsel, the Court will only accept pretrial filings made by counsel. Pro se filings will not be accepted for defendants who are represented by counsel. 1. Length of Suggestions. Suggestions in support or in opposition to a motion shall be no longer than 20 double-spaced typewritten pages without permission of the Court. Reply suggestions shall be limited to 15 double- spaced pages, unless otherwise authorized by the Court. Relevant Offense Conduct. Within ten days of trial or a change of plea hearing, the Government is directed to disclose all information in its possession on which it will rely to establish “relevant offense conduct” or to establish an upward departure under the Federal Sentencing Guidelines. Rule 404(b) Evidence. The Government is directed to provide written notice of all prior and subsequent acts and convictions intended to prove knowledge, intent or other elements identified in Rule 404(b) of the Federal Rules of Evidence no later than seven days prior to trial. E. D. Witness Lists. No later than ten days prior to trial, the Government is directed to supply, in writing, witness lists which shall include the name and address of each witness whom counsel intends to call in its case-in-chief, together with any record of prior felony convictions for such witness. The Defendant is directed to supply, in writing, no later than seven days prior to trial, witness lists which shall include the name and address of each witness whom counsel intends to call in its case-in- chief, together with any record of prior felony convictions for such witness. If a new witness is discovered after counsel prepares the witness list, either prior to trial or during trial, counsel shall promptly notify opposing counsel and provide the discovery identified above. Exhibit Lists. No later than ten days prior to trial, the Government is directed to supply, in writing, exhibit lists which shall include a description of each exhibit that counsel intends to offer in its case-in-chief. The Defendant is directed to supply, in writing, no later than seven days prior to trial, exhibit lists which shall include a description of each exhibit that counsel intends to offer in its case-in- chief. All exhibits must be numbered with Arabic numbers and no sub-parts. Specifically, exhibits must be numbered 1, 2, 3, 4, etc. No exhibits numbered 1A, 1B, 2A, 2B, etc., will be permitted. Motions in Limine. No later than seven days prior to trial, the parties should file any motions in limine seeking to exclude evidence from trial. (Once the motion is filed, copies should be faxed to opposing counsel and the Court.) Any suggestions in opposition to the motions in limine should be filed within three days after the motion is filed. F. G. Stipulations. Any proposed stipulations should be provided, in writing, to opposing counsel and the Court no later than seven days prior to trial. VIII. WITNESS ADDRESSES In lieu of providing the address of any witness required by this Order, counsel for the Government or the Defendant may produce the witness for interview by opposing counsel. IX. TIME CALCULATIONS All time calculations are governed by the Federal Rules of Criminal Procedure. IT IS SO ORDERED. Willie J. Epps, Jr. Willie J. Epps, Jr. Chief United States Magistrate

=== Consent to Entry of Felony Plea Before U.S. Magistrate Judge-WJE ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI __________________ DIVISION UNITED STATES OF AMERICA, Plaintiff, v. ____________________________, Defendant. No. _______________________ Consent to Entry of Felony Plea Before Chief U.S. Magistrate Judge Willie J. Epps, Jr. I have been advised that I have the right to have a U.S. District Judge take my guilty plea. I waive that right and desire to enter a plea of guilty before Chief United States Magistrate Judge Willie J. Epps, Jr. as authorized by Rule 72.1(b)(1)(J), WDMO Rules and 28 U.S.C. ' 636, who will conduct the proceedings required by Rule 11, F.R.Cr.P. incident to the making of the plea. I understand that if the Magistrate Judge recommends that the plea of guilty be accepted, a pre-sentence investigation and report will be ordered pursuant to Rule 32, F.R.Cr.P. I further understand that I may object to the report and recommendation within the time permitted by law and that the District Judge will review de novo any objections. The assigned United States District Judge will then act on the Magistrate Judge's Report and Recommendation; and, if the plea of guilty is accepted, will adjudicate guilt and schedule a sentencing hearing and will determine and impose sentence. Defendant Defendant's Attorney Date: ________________________

=== Standing Order for Change of Plea-WJE ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION IN THE MATTER OF GUILTY PLEAS BEFORE CHIEF UNITED STATES MAGISTRATE JUDGE WILLIE J. EPPS, JR. For cause, it is STANDING ORDER (Revised April 4, 2025) ORDERED that the following procedures shall apply to guilty plea proceedings before Chief United States Magistrate Judge Willie J. Epps, Jr.: 1. The Court will not schedule a change of plea hearing before Chief Magistrate Judge Epps unless the party seeking to schedule the hearing represents that the Defendant has consented to having a Magistrate Judge preside over the hearing. 2. A lawyer representing a Defendant at a guilty plea proceeding will not be permitted to use the time scheduled for the taking of the guilty plea to prepare the Defendant for the taking of the guilty plea. The preparations for a guilty plea hearing are to be completed prior to the commencement of the scheduled change of plea hearing. 3. Counsel must notify the Courtroom Deputy of the Defendant’s intent to enter a plea of guilty before Judge Epps at least three (3) business days prior to the pretrial conference. 4. Absent extraordinary circumstances, the date of the pretrial conference or, for Springfield cases, the last day Judge Epps is scheduled to be in Springfield prior to the Joint Accelerated Criminal Jury Trial Docket, is the last day that Judge Epps will hold a change of plea hearing. After that time, a Defendant who wishes to enter a plea of guilty may be directed to schedule the hearing before the District Judge to whom the case is assigned. 5. Prior to the start of the change of plea hearing, the charging document, a waiver of indictment (if applicable), the signed final plea agreement (where there is one), and a signed written consent to proceed before a Magistrate Judge are to be provided to Judge Epps’ Courtroom Deputy. The written consent form can be located on Judge Epps’ webpage on the Court’s website: https://www.mow.uscourts.gov/judges/epps. After the hearing, the signed final plea agreement is to be filed by the Government, and the signed written consent form is to be filed by counsel for the Defendant. 6. If the documents are not completed prior to the change of plea hearing, the hearing may be rescheduled before the District Judge to whom the case is assigned. Neither a change of plea setting nor the filing of a pretrial motion will remove a case from the Court’s trial docket. IT IS SO ORDERED this 1st day of April, 2025. /s/ Willie J. Epps, Jr. WILLIE J. EPPS, JR. Chief United States Magistrate Judge

=== Change of Plea Hearing Colloquy-WJE ===

Chief Magistrate Judge Willie J. Epps, Jr. Change of Plea Hearing Colloquy 1. INTRODUCTION This is United States of America vs. ________________________. Case Number __________________________. Counsel for the Government, please enter your appearance for the record. Counsel for the Defendant, please enter your appearance for the record. 2. INTERPRETER [if applicable] Do you swear or affirm that you will justly, truly, fairly, and impartially act as an interpreter in the case now in hearing before the court? Mr./Ms. __________________, are you able to hear the interpreter? Is [e.g. Spanish] your primary language? Can you understand the interpreter? Do you speak any English? Are you requesting the assistance of an interpreter? If you are unable to hear the interpreter, or if you do not understand something that is said, will you please let me know? 3. CONSENT This case comes before me as a U.S. Magistrate Judge pursuant to this written consent form signed by both parties allowing this Court, under local rule, to accept felony guilty pleas and thereafter make a Report and Recommendation to the District Judge. Do the parties agree that is the posture of this case? Without objection, I will enter this signed consent into the record. 1 The Court has been advised there will be a plea of guilty to Count(s) ___, which charge(s) _________________________________. Is that correct? Before accepting your guilty plea, Mr./Ms. ______________________, there are a number of questions the Court must ask you to assure that it is a valid plea. If you do not understand any of the questions, or at any time wish to consult with your attorney, please say so. 4. PLACE WITNESS UNDER OATH Do you swear that the testimony you are about to give in the case now in hearing shall be the truth, whole truth and nothing but the truth so help you God? Do you understand that you are now under oath and if you answer any of my questions falsely, you may later be charged and prosecuted for perjury or making a false statement? What is your full name? Where were you born? How old are you? How far did you go in school? Have you been treated recently for any mental illness or addiction to narcotic drugs of any kind? Have you recently been under the care of a physician or a psychiatrist? Are you currently under the influence of any drug, medication, or alcoholic beverage of any kind? Do you understand what is happening today? Does either counsel have any doubt as to the Defendant’s competence to plead at this time? Very well. Based on the Defendant’s responses to my questions, my own personal observations of the Defendant, and counsel’s representations, I find that the Defendant is competent to understand these proceedings and to enter a knowing plea. 5. SATISFIED WITH ATTORNEY 2 Have you had ample opportunity to discuss your case with your attorney, who is here with you now? Are you fully satisfied with the counsel, representation, and advice given to you in this case by your attorney, Mr./Ms. ________________________? Did he/she do everything you asked him/her to do? 6. WAIVER OF RIGHTS Let’s talk about the constitutional rights you are waiving today by pleading guilty. The most important right is your right to a jury trial. Under the Constitution and laws of the United States, you have an absolute right to that trial by jury. No one, including myself as Judge of this Court, your own attorney, the Government attorney, or any agents for the Government, can deny you your constitutional right to a jury trial on the charges contained in the indictment, and this case will proceed on to trial before the District Judge as scheduled unless you enter a guilty plea here today. By pleading guilty, you are waiving your right to be presumed innocent until your guilt has been established beyond a reasonable doubt at trial, waiving your right to be represented at trial by counsel, waiving your right to confront and cross examine witnesses the government calls, waiving your right to testify and present evidence, and waiving your right to call witnesses on your behalf. Do you understand that? Having discussed your rights with you, do you still wish to plead guilty? 7. INDICTMENT OR INFORMATION Have you received a copy of the indictment pending against you—that is, the written charges made against you in this case—and have you fully discussed those charges, and the case in general, with your counsel? Do you have a copy of the indictment in front of you? Prosecutor - Would you explain precisely and in a meaningful manner the essential elements of the offense charged to which the Defendant intends to plead guilty? Do you understand the elements for the charge? Prosecutor – Please state the possible punishment for Count One. 3 (If there is a mandatory minimum penalty or mandatory term of supervised release, the Court must also provide this explanation.) (If more than one count to which Defendant intends to plead, follow same procedure with respect to each count.) (If there are multiple counts, stack the counts in a consecutive manner and advise the Defendant as to potential statutory maximum imprisonment and fine if each were imposed consecutively.) Do you understand the statutory maximum and minimum penalties? Do you understand that if you violate the conditions of supervised release, you can be given additional time in prison? 8. PLEA AGREEMENT I have had presented to me a document entitled “Plea Agreement”. Is this your signature? Have you read this document? Did you discuss it with your attorney before you signed it? Does the plea agreement represent in its entirety any understanding you have with the government? ****Court to go through Plea Agreement and explain essential parts of Plea Agreement. Is that your understanding of your agreement with the Government? Do you understand the terms of the plea agreement? Has anyone made any promise or assurance that is not in the plea agreement to persuade you to accept this agreement? Has anyone threatened you in any way to persuade you to accept this agreement? Do you understand that the Court is not bound by this agreement, which is a contract between, and only between, you and the Government? 4 Do you understand that the terms of the plea agreement are merely recommendations to the court—that the Court can reject the recommendations without permitting you to withdraw your plea of guilty and impose a sentence that is more severe than you may anticipate, up to the maximum permitted by law? [DEFENSE COUNSEL], were all formal plea offers by the government conveyed to the Defendant? I find the Plea Agreement to be in proper form and direct that it be filed of record. 9. FELONY AND LOSS OF RIGHTS Do you understand that the offense to which you are pleading guilty is a felony offense, that if your plea is accepted you will be adjudged guilty of that offense, and that such adjudication may deprive you of valuable civil rights, such as the right to vote, the right to hold public office, the right to serve on a jury, and the right to possess any kind of firearm? (NOTE SPECIAL ADVISEMENTS IF A NON-CITIZEN OR A SEX OFFENSE: SEE BENCH BOOK P. 67) 10.SENTENCING GUIDELINES Do you understand that your sentence will be determined by a combination of advisory Sentencing Guidelines, possible authorized variances from those guidelines, and other statutory sentencing factors? Have you and your attorney talked about how these advisory Sentencing Guidelines might apply to your case? Do you understand that the court will not be able to determine the advisory guideline range for your case until after the presentence report has been completed and you and the government have had an opportunity to challenge the reported facts and the application of the guidelines recommended by the probation officer, and that the sentence ultimately imposed may be different from any estimate your attorney may have given you? Do you also understand that, after your initial advisory guideline range has been determined, the court has the authority in some circumstances to vary upward or downward from that range, and will also examine other statutory sentence factors, under 18 U.S.C. § 5 3553(a), that may result in the imposition of a sentence that is either greater or lesser than the advisory guideline sentence? Do you also understand that parole has been abolished and that if you are sentenced to prison you will not be released on parole? Do you understand that under some circumstances you or the government may have the right to appeal any sentence that the District Judge may impose? 11.Factual Basis for Guilty Plea Prosecutor - Please tell us what your evidence would be if we were on trial. Defense Counsel - Do you agree that would be the Government’s evidence in this case? Defendant - Do you agree with the Government’s summary of what you did? Did you do what he said you did? (NOTE: Ask Defendant “pointed” questions about the offense to make certain Defendant acknowledges his guilt in open court.) 12. The Guilty Plea Has anyone attempted in any way to force you to plead guilty or otherwise threatened you? Has anyone made any promises or assurances of any kind to get you to plead guilty (other than those that are in the plea agreement)? Are you pleading guilty because you are guilty? And are you doing this of your own free will? What is your plea? I hereby find that there is indeed a factual basis for the plea of guilty, and [DEFENDANT’S NAME], since you acknowledge that you are in fact guilty as charged in Count(s) _____, since you know your right to a trial by jury, what the maximum possible punishment is, and since you are voluntarily pleading guilty, I accept your guilty plea. This Court will file a Report and Recommendation with the District Judge recommending an entry of judgment on your plea of guilty. 13. Pre-Sentence Investigation Report and Sentencing Date 6 A pre-sentence investigation report is hereby ordered. [DEFENDANT’S NAME], it is in your best interest to cooperate with the probation officer in furnishing information for that report, since the report will be very important in the District Judge’s decision as to what your sentence will be. You and your counsel have a right and will have an opportunity to examine the report and the to object and comment on Honorable_____________________________, U.S. District Judge. Sentencing will be set before it. (If Defendant at liberty on bond) Does the Government have any objection to the present bond being continued to the date of sentencing? 14.CONCLUSION [DEFENDANT’S NAME], do you have any questions about anything we’ve discussed today? Is there anything else that needs to be addressed at this time from either party? This case is in recess until the date of sentencing. 7

=== Civil Scheduling and Jury Trial Order-WJE ===

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION Plaintiff(s), v. Defendant(s). No. CIVIL SCHEDULING AND TRIAL ORDER Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure, and upon consideration of the parties’ views in the matter, the schedule below is hereby established. Key Dates 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Motions to join additional parties shall be filed on or before . Motions to amend the pleadings shall be filed on or before . . Discovery motions shall be filed on or before Discovery shall be completed on or before . Plaintiff’s 1 expert designations shall be filed on or before . Defendant’s 2 expert designations shall be filed on or before . . Dispositive motions shall be filed on or before Motions to strike expert designations shall be filed on or before . Motions in limine shall be filed twenty-one (21) days prior to the pretrial conference. Plaintiff’s deposition designations shall be filed twenty-one (21) days prior to the pretrial conference. Defendant’s deposition designations shall be filed fourteen (14) days prior to the pretrial conference. Defendant’s objections to Plaintiff’s proposed deposition testimony shall be filed fourteen (14) days prior to the pretrial conference. Plaintiff’s objections to Defendant’s proposed deposition testimony shall be due seven (7) days prior to the pretrial conference. Statement of uncontroverted facts; stipulation as to the admissibility of evidence; witness lists; exhibit lists; list of remaining claims; and, jury statement shall be filed seven (7) days prior to the pretrial conference. The pretrial conference is scheduled to be held at Jury instructions shall be filed twenty-one (21) days prior to trial. Voir dire questions shall be filed fourteen (14) days prior to trial. . on 1 Plaintiff, as used in this Order, includes all parties asserting a claim for relief or asserting an affirmative claim. 2 Defendant, as used in this Order, includes all parties defending against an affirmative claim. 17. 18. 19. 1. 2. Trial briefs shall be filed seven (7) days prior to trial. A list identifying all individuals who will be sitting at counsel table shall be filed four (4) days prior to trial. The trial is scheduled to commence at 8:00 a.m. on for days. Amendment of Pleadings Any motion to join additional parties shall be filed on or before . Any motion to amend the pleadings shall be filed on or before . Discovery 1. Motions. All discovery motions shall be filed two weeks prior to the final discovery deadline, on or before . The Court will not entertain any discovery motion absent full compliance with Local Rule 37.1. Any discovery motion filed without complying with Local Rule 37.1 will be denied. Except in extraordinary circumstances, problems with discovery which are not brought to the Court’s attention in time for the opponent to make a proper response and the Court to make an informed ruling before the close of discovery will be waived. 2. Final Discovery Deadline. All pretrial discovery authorized by the Federal Rules of Civil Procedure shall be completed (not simply submitted) on or before . Accordingly, all discovery requests and depositions shall be submitted, responded to, and/or taken prior to the date specified in this paragraph and all disputed issues shall be brought to the Court’s attention and resolved prior to this time. 3. Expert Witnesses. Any witness who will give an expert opinion is an expert witness. Plaintiff shall designate any expert witnesses it intends to call at trial on or before , and Defendant shall designate any expert witnesses it intends to call at trial on or before . This requirement applies to all witnesses—retained or non-retained—from whom expert opinions will be elicited at trial. All expert witnesses must submit an expert report as provided in paragraph 4, with a partial exception for treating physicians as discussed in paragraph 5. 4. Affidavits for Experts. Along with each party’s designation of expert witnesses, each party shall provide the other parties with an affidavit from each expert witness. The affidavit shall include a complete statement of all opinions to be expressed and the basis and reasons therefore, the data or other information considered by the witness in forming the opinions, any exhibits to be used as a summary of or support for the opinions, the qualifications of the witness (including a list of all publications authored by the witness within the preceding ten years), the compensation to be paid for the study and testimony, and a listing of any other cases in which the witness has testified as an expert at trial or by deposition within the preceding four years. Expert witnesses may testify only as to matters contained in the affidavit described above unless leave of Court is granted upon good cause shown. 5. Treating Physicians. With respect to treating physicians who will testify as to treatment provided, the requirements of paragraph 4 of this section may be satisfied by providing a copy of all the treating physician’s files, records and notes relating to the treating physician’s patient to the opposing party. For the purpose of this paragraph, a “treating physician” is a doctor (including psychiatrist, dentist, or other practitioner of the healing arts) retained by a party prior to retaining counsel in this matter. A treating physician will not be allowed to give expert testimony beyond the treatment provided by said physician unless designated as an expert as required under paragraph 3 of this section. A treating physician who will provide expert testimony beyond the treatment provided by him or her must further comply with the requirements of paragraph 4 of this section. 6. Disclosure of Privileged or Protected Material. The production of privileged or work-product protected documents, electronically stored information (“ESI”) or information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). The provisions of Federal Rule of Evidence 502(b) do not apply. Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI or information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. Motions 1. Dispositive Motions. All dispositive motions, except those under Rule 12(h)(2) or (3), shall be filed on or before . All dispositive motions shall have a separate section wherein each statement of fact is individually numbered so that any party opposing such motion may refer specifically to a genuine dispute of material fact. Suggestions in opposition to a dispositive motion shall begin with a concise listing of material facts as to which the party contends a genuine dispute exists. All motions for summary judgment shall comply with Local Rules 7.0 and 56.1. 2. Daubert Motions. All motions to strike expert designations or preclude expert testimony premised on Federal Rule of Evidence 702 or Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) shall be filed on or before . The deadline for filing motions in limine does not apply to these motions. Failure to file a Daubert motion prior to this deadline will constitute a waiver of any arguments based on Daubert. 3. Choice of Law Motions. All motions for an order determining choice of law shall be filed on or before the deadline to file dispositive motions. While such motions may be filed any time before then, the Court cautions the parties that it may defer ruling on a choice of law motion if the parties have not presented a factual record full enough to permit the Court to properly undertake the appropriate analysis. Of course, some choice of law issues may not require a full factual record and may be amenable to resolution relatively early in the litigation. 4. Motions for Extension of Time. All motions for extension of time pursuant to Rules 6(b), 31, 33, 34, or 36 must state: a. The date when the pleading, response or other action is/was first due; b. The number of previous extensions and the date the last extension expires; c. The cause for the requested extension, including a statement as to why the action due has not been completed in the allotted time; and d. Whether the requested extension is approved or opposed by opposing counsel (agreement by counsel of a requested extension is not binding on the Court). Pretrial Conference & Filings Due Prior to Pretrial Conference 1. Pretrial Conference. A final pretrial conference in this case will be held at on , at the Christopher S. Bond United States Court House, Courtroom 3A, in Jefferson City, Missouri. Lead trial counsel shall participate in this conference. The agenda for this conference will include: a. Identification of facts not in dispute to which the parties will stipulate, in order to save trial time; b. Identification of legal and factual issues to be tried; c. Disposition of pending motions; d. Discussion of any legal questions which must be resolved prior to trial; e. Discussion of any suggestions by counsel to simplify and expedite the trial; and f. Discussion of the status and likely success of settlement negotiations. 2. Pretrial Filings. To improve the quality of trial through more thorough preparation, the attorneys must meet and confer at least three (3) days prior to the deadlines contained in Paragraphs c, d, e and f below to identify what is truly in dispute and to facilitate the admission of uncontroverted evidence. a. Motions in limine. Twenty-one (21) days prior to the pretrial conference, motions in limine shall be filed. Responses to motions in limine shall be filed at least fourteen (14) days prior to the pretrial conference. b. Deposition Designations. Twenty-one (21) days prior to the pretrial conference, Plaintiff shall file and serve a designation, by page and line number, of any deposition testimony to be offered in evidence as a part of Plaintiff’s case. Plaintiff shall also file the deposition transcript so the Court may review it. Fourteen (14) days prior to the pretrial conference, Defendant shall file and serve: i. A motion listing any objections to proposed deposition testimony designated by any other party; A designation, by page and line number, of any deposition testimony to be offered as cross-examination to deposition testimony designated by other parties; and A designation, by page and line number, of any deposition testimony to be offered in evidence as part of that party’s case-in- chief in connection with such defense. ii. iii. Seven (7) days prior to the pretrial conference, each party shall serve, file, and deliver to all other parties its motion objecting to any deposition testimony designated pursuant to subparagraphs ii. and iii. above. c. Stipulation of Uncontroverted Facts. Seven (7) days prior to the pretrial conference, stipulation of uncontroverted facts shall be filed. If no stipulated facts can be agreed upon, including facts related to the Court’s subject matter jurisdiction, the parties shall file a joint statement to that effect. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). d. Stipulation as to the Admissibility of Evidence. Seven (7) days prior to the pretrial conference, stipulation as to the admissibility of evidence shall be filed when the identification and foundation of the exhibit is not contested. Notwithstanding the fact that the time for discovery will have closed, a request to stipulate, if preserved in the record, will constitute a request for admission under Rule 36 and failure to stipulate may be subject to sanctions under Rule 37(c). e. Witness Lists. Seven (7) days prior to the pretrial conference, witness lists shall be filed. Each party shall file and serve a list of all witnesses who may be called at trial. If a witness is not listed by a party, that witness will not be permitted to testify absent leave of Court and then only for the purpose of unanticipated rebuttal or impeachment. No supplemental or amended witness lists will be allowed without leave of Court and for good cause. To aid in voir dire, the parties shall list each witness’s hometown. f. Exhibit Lists. Seven (7) days prior to the pretrial conference, exhibit lists shall be filed. Each party will file and serve a list of all exhibits which may be offered at trial. Additionally, each party shall make its exhibits available for inspection by the other parties prior to the pretrial conference. The parties shall also prepare and provide to the courtroom deputy an exhibit index, with said index being prepared on a form provided by the clerk’s office. Each exhibit will be designated as either “Plaintiff’s” or “Defendant’s.” (E.g. P1 for Plaintiff’s Exhibit 1, D1 for Defendant’s Exhibit 1, J1 for Joint Exhibits). If an exhibit consists of more than one (1) page or part, the number of pages or parts shall be included in the description on the exhibit index. It is not necessary to list exhibits to be used only for impeachment or rebuttal purposes. Failure to list an exhibit or to disclose an exhibit to adverse counsel as required by this order will result, except upon a showing of good cause, in the non- admissibility of the exhibit into evidence at the trial. No supplemental or amended list of exhibits will be allowed without leave of Court and for good cause. g. Remaining Claims. Seven (7) days prior to the pretrial conference, each party shall file a schedule of claims, counterclaims and affirmative defenses that remain outstanding, along with the elements of each claim, citing authority for such elements. h. Jury Statement. The parties are directed to prepare a joint statement very briefly setting forth the background of the case and the claims being asserted. This statement will be read to the jury panel prior to voir dire. The jury statement shall be filed electronically at least seven (7) days prior to the pretrial conference. Trial and Filings Due Prior to Trial 1. Trial. This case is scheduled for jury trial commencing at 8:00 a.m. on , at the Christopher S. Bond United States Court House, Courtroom 3A, in Jefferson City, Missouri. 2. Trial Filings. The following documents shall be filed prior to trial: a. Jury Instructions. Twenty-one (21) days prior to trial, the parties shall jointly* file an annotated (with sources) set of proposed jury instructions. Proposed annotated instructions shall reflect the authorities upon which the instruction is based and should be taken from or drawn in the manner of Model Civil Jury Instructions for the District of Courts of the Eighth Circuit and/or Missouri Approved Instructions (MAI) where available and appropriate. Any modification of a pattern instruction shall be disclosed. All instructions shall be designated as “Instruction No. ___” without indicating which party proposed the instruction. *Separate instructions are appropriate only when the parties cannot agree upon a specific instruction. In that instance, counsel shall state in writing the reason for the objection with authority cited as well as an alternative instruction. The deadline for submitting objections and alternative proposed instructions is fourteen (14) days before the date of trial. Parties shall also email an original (without sources) and an annotated (with sources) set of instructions to the courtroom deputy. The instructions should be typed in Microsoft Word format. b. Voir Dire. Fourteen (14) days prior to trial, counsel for each party shall file a list of proposed questions or topics for voir dire examination to be propounded by the Court. c. Trial Brief. Seven (7) days prior to trial, counsel for each party shall file a trial brief. The purpose of this brief is to assist the Court and expedite the Court’s rulings during trial. The trial brief should provide a summary of the evidence to be offered by witness and exhibit. This summary should not be long, no more than two or three pages. It should also not recite the pleadings or the elements of the claims. d. List of Individuals at Each Party’s Table. To aid in voir dire, four (4) days prior to trial, counsel for each party shall file a list identifying all individuals who will be sitting at their table anytime during the trial. Because the court will ask the jury panel if they recognize anyone in the courtroom, each person must be present, at least briefly, during voir dire. Any person not introduced to the jury during voir dire may not appear before the rail at any time during the trial. 3. Trial Procedure. The Court will place time limits on opening statements and direct and cross-examination of all witnesses. Counsel should be prepared to support their representations as to the length of trial. 4. Trial Rules. In order to ensure the efficient use of time during trial: a. All legal issues must be raised in advance of trial by written motions and in accordance with this scheduling order; b. Motions will not be heard during trial without a strong showing that counsel could not, by due diligence, have raised them sooner; c. Testimony will not be interrupted to deal with evidentiary matters that could have been heard in advance of trial. The Court will consider those matters during recess, at noon break, or at the end of the day. Counsel should be prepared with a pinpoint citation to relevant written legal authority for their positions; d. Witnesses who will be testifying from exhibits or about exhibits should review them immediately prior to testifying; and e. Counsel shall show opposing counsel any exhibits they intend to use prior to a witness testifying. Settlement Deadline The parties are directed to participate in timely settlement negotiations, and within ten (10) days following the discussions, notify the courtroom deputy by email that settlement negotiations have occurred. If a mediator is requested, the parties are to notify the Court as soon as possible. Unless otherwise ordered, the Court hereby imposes a settlement deadline of 12:00 noon, on the Friday before trial. If the case is settled after that date, the Court may enter an order to show cause why certain costs should not be imposed on the party or parties causing the delay in settlement. Failure to Appear/Comply Failure of counsel to appear at any scheduled final pretrial conference, or otherwise to comply with the provisions of this order, may result in dismissal or default, as may be appropriate. IT IS SO ORDERED. Dated at Jefferson City, Missouri. Willie J. Epps, Jr. Chief United States Magistrate Judge