Courtroom Protocol; Criminal Order of Referral; Discovery Disputes; Trial Conduct and Decorum

=== Courtroom Protocol ===

COURTROOM PROTOCOL Hon. John C. Hinderaker United States District Judge Stand at the lectern when addressing the court. Stand when making objections. Refer to persons, including witnesses, counsel and parties by their surnames. Everyone has a title: Ms., Mr., Dr., etc. Request permission to approach the witness or the bench. Address all remarks to the judge, not to opposing counsel. Request permission (and help if needed) to use courtroom audio visual equipment. Ask to meet with the courtroom deputy before trial or a hearing if you need an orientation. To help create opportunities for less experienced lawyers to argue motions, the Court will allow a more seasoned lawyer to follow up with additional arguments or clarification. If you wish to take advantage of this opportunity, please alert the Court before the argument begins. (Ensure that your staff, clients, and witnesses abide by these requirements)

=== Criminal Order of Referral ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA IN THE MATTER OF: Change of Plea Hearings, Admit/Deny Hearings on Petitions for Revocation of Probation, and Admit/Deny Hearings on Petitions for Revocation of Supervised Release. ORDER Pursuant to LRCrim 57.6, I hereby refer the following proceedings to a United States Magistrate Judge for hearing and preparation of findings and recommendations: Change of Plea Hearings Admit/Deny Hearings on Petitions for Revocation of Probation Admit/Deny Hearings on Petitions for Revocation of Supervised Release Evidentiary hearings on petitions to revoke probation or supervised release As to change of plea hearings, the Magistrate Judge is to administer the allocution pursuant to Rule 11, Fed.R.Crim.P.. The Magistrate Judge shall make findings as follows regarding change of plea hearings or admission hearings on petitions to revoke: Whether defendant (1) is competent to enter a plea or admission; (2) knowingly and voluntarily wishes to enter a plea or admission to the charge(s) or allegation(s); (3) understands the charge(s) or allegation(s); (4) whether there exists a factual basis for the charge(s) or allegation(s). After a plea or admission, the Magistrate Judge shall make a recommendation whether the plea of guilty or the admission should be accepted by the District Court. As to evidentiary hearings on petitions to revoke probation or supervised release, the Magistrate Judge shall make the appropriate findings and recommendations and submit the necessary Report and Recommendation to the District Court. Dated this 7th day of October, 2020. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2 -

=== Discovery Disputes ===

Discovery Disputes Judge John C. Hinderaker The parties shall not file written discovery motions without the Court’s permission. Except during a deposition, if a discovery dispute arises and cannot be resolved despite sincere efforts to resolve the matter through personal consultation (in person or by telephone), the parties shall jointly file a brief written summary of the dispute, not to exceed one page per side, with an explanation of the position taken by each side; and a joint written certification that counsel or the parties have attempted to resolve the matter through personal consultation and sincere effort as required by Local Rule of Civil Procedure (LRCiv) 7.2(j) and have reached an impasse. Be sure to fully exhaust the meet and confer process because this is particularly important to the Court. If the opposing party has refused to personally consult in a timely fashion, the party seeking relief shall describe the efforts made to obtain personal consultation. Upon review of the filed written summary of the dispute, the Court may set a telephonic conference, order written briefing, or decide the dispute without conference or briefing. Any briefing ordered by the Court shall also comply with LRCiv 7.2(j). If a discovery dispute arises in the course of a deposition and requires an immediate ruling—a circumstance that should be exceedingly rare—the parties shall jointly contact the Court telephonically. Any hearing is subject to the Court’s availability as all hearings are done on the record with a Courtroom Deputy and Court Reporter on hand. The Court will not entertain discovery disputes after the close of discovery absent truly extraordinary circumstances.

=== Trial Conduct and Decorum ===

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