Pretrial Instructions for Civil Cases; Pretrial Instruction for Criminal Cases

=== Pretrial Instructions for Civil Cases ===

PRETRIAL INSTRUCTIONS FOR CIVIL CASES BEFORE THE HONORABLE SARAH M. DAVENPORT UNITED STATES DISTRICT JUDGE I. PRETRIAL CONFERENCE AND PRETRIAL DEADLINES Following entry of a Rule 16 Scheduling Order by the Magistrate Judge, the Court will issue an order scheduling the matter for trial and pretrial conference and setting pretrial deadlines. Parties should not contact the Court to request a trial setting. II. AUDIO-VISUAL EQUIPMENT Counsel shall notify the Court at least two weeks before trial if they require audio-visual or other special equipment. Counsel must contact and receive training from the Court’s IS department before trial regarding any technology needs. Counsel is responsible for operating the equipment as needed. III. EXHIBITS Exhibits shall be marked and identified clearly for each party. Use of exhibit notebooks (Plaintiff’s and Defendant’s) are encouraged for those exhibits to which neither party has objections. Subject to the needs of the case, Plaintiff’s exhibits shall be marked and identified by numbers and Defendant’s exhibits shall be marked and identified by letters (e.g., A,B,C . . . AA, AB, AC). Exhibits must be submitted in electronic format two weeks prior to trial. Parties should refer to the attached JERS Informational letter, along with the Attorney Guide to JERS for instructions on how to submit electronic exhibits to the Court. IV. GENERAL GUIDELINES FOR TRIAL Trial will begin at 9:00 a.m. Counsel shall be in the courtroom no later than 8:30 a.m. and be prepared to discuss any pretrial matters, unless the Court sets an earlier time. A multi-day jury trial typically will recess around 5:00 p.m. The Court will allow regular breaks. Courtroom microphones are located at the podium and counsel tables. Counsel therefore should remain near the microphone when addressing the Court and near the podium when questioning witnesses. When an objection is made in the presence of the jury, counsel must state the rule and make no argument. If the Court needs argument, counsel will be instructed to approach the bench.

=== Pretrial Instruction for Criminal Cases ===

PRETRIAL INSTRUCTIONS FOR CRIMINAL CASES BEFORE THE HONORABLE SARAH M. DAVENPORT UNITED STATES DISTRICT JUDGE – REVISED 2/11/2026 GENERAL INSTRUCTIONS I. CALL OF THE CALENDAR A. Upon Indictment, Judge Davenport schedules a call of the calendar for all cases in which a Notice of Intent to Plead Guilty (NOI) or Notice of Change of Plea hearing has not been filed. At the call of the calendar, Judge Davenport will set a specific trial date after hearing from counsel. B. At the call of the calendar, counsel must be prepared to address any pending issues, number of days anticipated for trial, and availability of counsel, defendant, and witnesses. C. To be removed from the Call of the Calendar schedule, all motions to continue trial should be filed no later than 48 hours prior to the call of the calendar and state the grounds for the motion in accordance with 18 U.S.C. § 3161(h)(7) and United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009). If the case is a multi-defendant case, counsel is to state in the motion each defendant’s position and preferably file a joint motion. D. Filing an NOI will also suffice to remove a case from the Call of the Calendar schedule. However, if a Notice of Change of Plea hearing has not been entered within 30 days of filing the NOI, the case will be set on the next available Call of the Calendar. II. AUDIO-VISUAL EQUIPMENT A. Counsel are responsible for operating the audio-visual equipment during trial as needed. Counsel shall notify the Court at least 14 days before trial if they require special equipment, training from the Court’s IS department, or wish to test the equipment before trial. III. JURY INSTRUCTION DEADLINES A. Counsel shall meet and confer in advance of the deadline to agree on as many instructions as possible. B. Judge Davenport has provided a Praecipe for counsel to complete when submitting Jury Instructions. Counsel need not submit the text of Judge Davenport’s stock instructions – simply indicate whether the parties accept the stock instructions or are proposing alternatives. 1. For any instructions on which counsel submit a non-stock instruction or do not agree, counsel shall separately submit, at the same time that they submit proposed instructions, a memoranda explaining their objections, their proposed alternative instructions, and authority in support of their arguments/proposed instructions. C. No later than 7 days before trial, counsel shall file the Praecipe and Memoranda on CM/ECF and submit an e-mail attaching the proposed set of instructions in Word format to [email protected]. IV. WITNESSES AND EXHIBITS A. The Court acknowledges that while the government is required to disclose evidence it intends to use at trial, neither the Federal Rules of Criminal Procedure nor Tenth Circuit precedent mandates that the government provide a detailed, formal exhibit list before trial in non-capital cases. See United States v. Lewis, 594 F.3d 1270, 1281 (10th Cir. 2010). Some provisions allow the government to withhold impeachment or witness identity until the time of testimony. See Federal Rule of Criminal Procedure 26.2 and the Jencks Act. However, the Court’s Scheduling Orders seek to provide for a fair trial through the orderly and efficient disposition of pretrial matters, without the defense filing unnecessary motions on discovery materials that the United States has no intention of offering as evidence in trial. As such, the Court expects that these lists will reflect a thoughtful determination that the included witnesses and exhibits constitute relevant, admissible evidence for trial, as best can be determined at the time of filing. The Court recognizes the government’s continuing duty to disclose and the reality that these lists may be refined in the days leading up to trial. Further, trials can be unpredictable and a piece of evidence that did not appear relevant earlier, may become relevant during the presentation of evidence. So long as any additional exhibit tendered during trial has been properly disclosed and the foundational requirements met, the Court will not engage in presumptive suppression solely on the basis that it was not listed on a previously filed list. Furthermore, once an exhibit has been admitted, it may be used by any party, not only the party who admitted it and therefore, opposing counsel need not duplicate the admission of exhibits already in evidence. B. In submitting electronic exhibits to the Court, refer to the Court’s Jury Evidence Recording System (JERS) guide for instructions. C. Consistent with the Federal Rules of Criminal Procedure, deposition testimony may be introduced into evidence. If depositions are used in part, counsel shall mark the parts to be used (this does not apply to cross-examination or rebuttal). V. PRETRIAL CONFERENCE A. The Court will typically schedule a Pretrial Conference in the middle of the week before trial. During this conference, counsel shall be prepared to address any pending motions or other unresolved issues prior to the commencement of trial. Counsel shall bring copies of all exhibits with them to the pretrial conference. B. Parties shall notify the Court as soon as possible, but no later than 7 days before Pretrial Conference, regarding remaining matters that will require additional preparation time or time for hearing, such as the intent to call witnesses, so the Court can ensure enough time is allotted to address all remaining issues at the Pretrial Conference. VI. PRETRIAL DEADLINES A. A scheduling order will be issued in each criminal case following the Call of the Calendar after consultation with counsel. Should a submission deadline fall on a weekend or holiday, the deadline becomes the following working day. B. Counsel must seek leave of the Court in the form of a written motion to extend any pretrial deadline. Any proposed Orders or other communication with the Court regarding motions, deadlines, or other matters related to the trial schedule shall be sent to [email protected] AND the Court’s Court Room Deputy at [email protected]. VII. GENERAL GUIDELINES FOR TRIAL A. Trial will begin at 9:00a.m. Counsel shall be in the courtroom no later than 8:30a.m. and be prepared to discuss any pretrial matters, unless the Court sets an earlier time. B. A multi-day jury trial typically will recess around 5:00p.m. The Court will allow regular breaks. C. Stand when you speak and use the microphone at the podium. Do not refer to any party or attorney by first name. Address the Court only; do not address or argue with opposing counsel in the presence of the jury. If opposing counsel must confer, please request permission of the Court to do so privately and quietly. D. Witnesses must be on time, and counsel should have witnesses available to fill a full trial day. Counsel should err on the side of having more witnesses present at all times as trial often moves at an unpredictable pace.