Criminal Order of Referral; Joint Proposed Pretrial Order

=== 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 6th day of May, 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 -

=== Joint Proposed Pretrial Order ===

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 Click here to enter text., No. Click here to enter text. Click here to enter text., ORDER v. Click here to enter text., Click here to enter text.. (Although the text of the pretrial order appears in single space, the actual order submitted by the parties must be double spaced and conform in all other respects to the Local Rules.) The following are pretrial proceedings in this cause as agreed to by the parties and approved by the Court: I. NATURE OF ACTION This is an action for: (Short concise statement of the case, including the nature of the action and the relief sought.) II. STATEMENT OF JURISDICTION Statement of jurisdiction: (state the claims and cite the statutes which give this Court jurisdiction over each claim.) III. CONTESTED ISSUES OF LAW/FACT State the ultimate issues of fact and law which must be decided at trial. State only the issues of fact and law necessary and material for a verdict in this case. Each issue must be stated separately and specifically. /// IV. LIST OF EXHIBITS Each party shall list the exhibits it intends to offer at trial. V. LIST OF WITNESSES Each party shall list the witnesses it intends to call at trial. VI. JURY TRIAL or BENCH TRIAL The parties shall state whether the trial is a jury or bench trial. For a Jury Trial At the Pretrial Conference, the Court will direct the parties to file proposed voir dire, objections to exhibits, deposition testimony, stipulated jury instructions, stipulations, counsel’s additional proposed jury instructions, motions in limine, and trial memoranda 20 days prior to trial. Any opposition shall be filed five days thereafter. For a Bench Trial At the Pretrial Conference, the Court will direct the parties to file trial briefs, objections to exhibits, motions in limine, stipulations, and proposed findings of fact and conclusions of law 20 days prior to trial. Any opposition shall be filed five days thereafter. VII. PROBABLE LENGTH OF TRIAL Each party shall identify the estimated length of time it will take to present its case. VIII. CERTIFICATION The undersigned counsel for each of the parties in this action do hereby approve and certify the form and content of this proposed Joint Pretrial Order. _____________________________ Attorney for Plaintiff ___________________________ Attorney for Defendant 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 -