Courtroom Protocol; Criminal Order of Referral; Exhibit Procedures

=== Courtroom Protocol ===

COURTROOM PROTOCOL James A. Teilborg United States District Judge Use the PODIUM Everyone has a TITLE: Mr., Ms., etc. NO first names. STAND when making objections ASK Court for permission to leave the podium ASK that the Clerk be permitted to HAND an exhibit to a witness ADDRESS all remarks to Court, not opposing counsel TURN OFF beepers, cell phones, etc. SEEK PERMISSION (and help if needed) to use courtroom audio visual equipment NO gum chewing, food, or liquids (other than water from cups, not bottles). (Ensure that your staff, clients and witnesses abide by these requirements)

=== Criminal Order of Referral ===

\ FILED RECEIVED _ LODGED COpy I CLERK ~U:D:T~,~~l~OURT l~TRICT OF~ONA .qa eel., DEPUTY t ! BY I IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In the Matter of Change of Plea Hearings, AdmitlDeny Hearings on Petitions for Revocation ) of Probation, and AdmitlDeny 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 AdmitlDeny Hearings on Petitions for Revocation of Probation AdmitlDeny Hearings on Petitions for Revocation of 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 charges(s) or allegation(s); (3) understands the charge(s) or allegation(s); and (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. III 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 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 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 11- day of June, 2012. - 2 ­

=== Exhibit Procedures ===

EXHIBITS - MARKING, LISTING AND CUSTODY for United States District Court Judge Hon. James A. Teilborg (Judge Code 7025) (revised 6/13/2016) Marking and listing of exhibits is the responsibility of counsel, not the courtroom deputy, and shall be delivered to the courtroom deputy the day of trial or the day before trial (not the final pretrial conference) unless otherwise directed by the deputy clerk. Counsel are required to use the exhibit cover sheets and/or adhesive labels as described herein. Counsel shall also prepare the exhibit and witness lists (using the Clerk's Office format) and provide the lists to the courtroom deputy in triplicate (1 original and 2 copies), along with the actual exhibits. During trial/hearing, please be prepared to advise the courtroom deputy in advance which exhibits will be needed for each witness. If you need a format in which to prepare the exhibit and witness lists, please refer to the district court's website at www.azd.uscourts.gov and access "Judges Information – Orders, Forms & Procedures." Counsel are to E-MAIL chambers at least one (1) business day prior to trial/hearing a list of medical and to: [email protected]. This list will be provided to the court reporter. (in WORD terms and technical format) specific terms case the to USE OF LABELS/COVER SHEET 1. Exhibit cover sheets and labels are divided by color to indicate whether the exhibit is offered by plaintiff (YELLOW) or defendant (BLUE). 2. 3. 4. 5. 6. Exhibit cover sheets are provided to counsel by the courtroom deputy for the purpose of numbering and labeling exhibits PRIOR to trial. Cover sheets shall be copied on yellow or blue paper and used in cover sheet fashion to identify standard-size paper exhibits. The cover sheet shall be stapled to the top of the original exhibit, and the exhibit shall be placed in a manila folder number to correspond with the exhibit number. Prepare extra cover sheets and provide extra manila folders to use for exhibits marked during trial. If the paper exhibit is too large to staple, use a 2-hole ACCO fastener to fasten the exhibit together at the top of the page, with an exhibit cover sheet attached to the front of the exhibit. If the exhibit is a photograph or item smaller than 8" x 10", STAPLE it to an exhibit cover sheet OR place an exhibit label on the reverse side, lower right-hand corner. Large or bulky items may require the use of tie tags with the exhibit label placed on the tag or may be marked in a logical location on the item or on the plastic bag containing the item. Large charts should be identified in the lower right-hand corner with an exhibit label. If the item is an enlargement of another marked exhibit, it should be numbered as a sub-part of the smaller exhibit. NUMBERING 1. Blocks of numbers are assigned to each side: plaintiff starts with number 1 through the estimated number of exhibits. Defendant is to utilize numbers starting after plaintiff but allowing space for additional exhibits marked during trial. (Example: Plaintiff 1 - 80; Defendant 100 - ). Exhibit numbers not used will be noted by the clerk on the exhibit list. Failure to comply with this directive will result in exhibits being remarked by counsel. 2. 3. 4. 5. Plaintiff and defendant shall consult with one another prior to marking exhibits to avoid marking duplicates. If plaintiff marks a document, the defendant should not mark the same document. The exhibits are considered court exhibits, not plaintiff and defendant. Either side may move the others exhibits into evidence. Use NUMBERS ONLY except when identifying sub-parts (e.g. 3a, 3b, 3c). If the sub-parts will be more than a through z for a single exhibit, do not use double letters; instead commence with another number (e.g. 3x, 3y, 3z, 4a, 4b, 4c, etc. or 3-1, 3-2, 3-3, etc.). It is very difficult for the court, counsel/parties, clerk and court reporter to ask for or listen to exhibits 1aa - 1eeee. Categorizing exhibits should be kept as simple and clear as possible. For the most part, USE NUMBERS. Multiple page exhibits should be stapled or ACCO fastened; please do not use paper or binder clips or rubber bands. If submitted in this fashion, exhibits will be returned to counsel to be re-submitted stapled or with ACCO fasteners. Regarding bulky documents, BATES stamp numbers may be placed on each page and can be continuously numbered for easy reference. Blocks of numbers may be used to categorize exhibits (e.g. series 1-99 are bank records; series 100-199 are tax returns; series 200-299 are photographs; etc.) USE OF FOLDERS 1. Place exhibits in folders so that the exhibits may be pulled out of the folder during trial. DO NOT attach the exhibit to the file folder. Label the top of the folder to identify the exhibit. Provide extra folders to the courtroom deputy for exhibits marked during trial. 2. 3. 4. Place the exhibit folders in a box in numerical order. Mark the outside of the box as to what exhibits are contained therein. Leave room in the box for any extra exhibits that may be submitted during trial. DO NOT place trial exhibits in binders except when the binder is considered ONE exhibit. Mark the binder with an exhibit label in the lower right-hand corner. A courtesy copy of the exhibits should be prepared for the Judge. Place these exhibits in 3-ring binders with numbered tabs to correspond with exhibit numbers. The Judge's copies should NOT have original exhibit covers sheets on them. EXHIBIT LISTS 1. Exhibits may be listed on the exhibit list provided or the exhibit list reproduced on a word processor (WORD compatible) using the same format. The form is self-explanatory. Be sure and leave enough SPACE to add additional information, such as sub-parts and additional exhibits. 2. Email the courtroom deputy clerk a copy of the exhibit list in WORD format. Additionally, provide the courtroom deputy clerk with an original and two (2) copies of the exhibit list the morning of trial or as otherwise directed. Counsel are not to provide the courtroom deputy with the Pretrial Order (civil cases) in lieu of the exhibit list. WITNESS LISTS 1. Witnesses may be listed on the witness list provided or the witness list reproduced on a word processor (WORD compatible) using the same format. Provide the full name of each witness and list them in alphabetical order. Names should be at the top of the block and extra spaces provided at the end of the list. This is helpful when names have to be added that are not on the list. Counsel are not to provide the courtroom deputy with the Pretrial Order (civil cases) in lieu of the witness list. 2. Email the courtroom deputy clerk a copy of the witness list in WORD format. Additionally, provide the courtroom deputy with the original and two (2) copies of the witness list the morning of trial or as otherwise directed. SENSITIVE EXHIBITS 1. The courtroom deputy clerk will NOT take custody of any sensitive exhibits. During lengthy breaks and at close of the day, these exhibits are returned to the government (usually the agent) until court resumes. Pursuant to General Order 98-7 dated July 30, 1987, AIT IS ORDERED the arresting or investigative agency or designated representative shall retain custody of sensitive exhibits prior to, throughout, and after the trial. Sensitive exhibits shall include drugs and drug paraphernalia, guns and other weapons, money and any other exhibits designated as sensitive by the Court.@ IMPEACHMENT EXHIBITS 1. Impeachment exhibits are given to the courtroom deputy the first day of trial, (unless other arrangements are made) in a SEALED envelope. The envelope should be marked with the caption of the case, case number and shall identify the party presenting the exhibit. If there is more than one exhibit in the envelope, mark each exhibit with a SEPARATE NUMBER so it can be easily identified. Do not use any numbers previously used for marking non-impeachment exhibits. Prepare an impeachment exhibit list for the courtroom deputy (in the accepted format) and a courtesy copy for the Court. The courtroom deputy will assign the next available number if and when the exhibit is used during trial. 2. Provide an extra copy of impeachment exhibits in a sealed envelope as a courtesy copy for the Court with accompanying exhibit list. STIPULATED EXHIBITS 1. In civil trials, parties may agree on most of the exhibits prior to trial and as listed in the Pretrial Order. Counsel may give the courtroom deputy clerk a list of the stipulated exhibits to be marked in evidence before moving for their admission on the record. For example, stipulated exhibits 1-28, 31, 45-50, etc. The clerk will then mark those exhibits and the exhibit list as “admitted into evidence.@ In criminal trials, stipulated exhibits usually come in one at a time during the course of trial. DEPOSITIONS 1. Depositions ARE NOT to be marked as exhibits. Identify them by party (so they can be returned to the correct party after trial), place them in alphabetical order and give them to the courtroom deputy the morning of trial. MEDICAL OR TECHNICAL TERMS 1. Provide a list of medical or technical terms (in alphabetical order) to assist the court reporter prior to the commencement of trial. These lists should be emailed to the courtroom deputy clerk as set forth on page 1, paragraph 5. RETURN OF EXHIBITS 1. Pursuant to Local Rule (LRCiv 79.1/LRCrim 57.11), all exhibits are returned to respective parties to retain custody pending all appeals. If the exhibits are not picked up within thirty (30) days of the Notice of Return of Exhibits, the clerk may destroy or otherwise dispose of those exhibits. 2. Usually trial exhibits are handed immediately back to the respective counsel by the courtroom deputy at the conclusion of trial. When the case is taken under advisement and a verdict or court ruling issues at a later date, a separate order will follow directing counsel to retrieve the exhibits from the courtroom deputy. If you have any questions, or need additional exhibit [email protected]. labels, please e-mail chambers: Sample exhibit and witness lists and exhibit tags are attached. On the exhibit list and witness lists modify forms to reflect the correct title (criminal or civil) and the case number (CR or CV). UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA EXHIBIT LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: ________________________________ vs. ____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Exhibit No. Marked For ID Admitted In Evidence Description Stipulated UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA WITNESS LIST Case Number: _______________________ Judge Code: _________ Date: ____________________ Case Name: _______________________________ vs. _____________________________________ Plaintiff / Petitioner Defendant / Respondent Non-Jury Trial Jury Trial Other Hearing: ____________________________ Name Sworn Appeared CASE NO. VS. PLAINTIFF=S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk CASE NO. VS. DEFENDANT=S EXHIBIT DATE: IDEN. DATE: EVID. BY: Deputy Clerk