Speedy Trial Waiver; Criminal Pretrial Order; Discovery Plan (26f); Final Civil Pretrial Order; Trial Procedure (Civil); Trial Procedure (Criminal)

=== Speedy Trial Waiver ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION United States of America, Plaintiff, v. Defendant. Case No. Judge Michael R. Barrett WAIVER OF SPEEDY TRIAL ACT AND ACQUIESCENCE IN TRIAL DATE Defendant, , understands that he/she has a right to be tried within seventy (70) days of his/her indictment in accordance with the Speedy Trial Act, 18 U.S.C. ' 3161(c)(1). The Defendant wishes to extend that period and voluntarily chooses to waive, or give up, the right to a trial within that seventy-day period. The Defendant is satisfied with the trial date of and voluntarily chooses to be tried on that date, rather than within the seventy (70) day period prescribed under the Speedy Trial Act. Defendant acknowledges that his/her counsel has fully explained his/her rights pursuant to 18 U.S.C. ' 3161(c)(1). Likewise, counsel does here by certify the defendant’s rights pursuant to 18 U.S.C. ' 3161(c)(1) have been explained and he/she has signed this document in the presence of counsel. Defendant Date ___ Attorney for Defendant

=== Criminal Pretrial Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION United States of America, Plaintiff, v. Defendant. XX, Case No. 1:0 Judge Michael R. Barrett CRIMINAL PRELIMINARY PRETRIAL ORDER To eliminate unnecessary motions for discovery, to expedite the trial, and to eliminate delays in the presentation of evidence and examination of witnesses in this case, this matter shall precede as follows: 1. Conference. Unless discovery has already commenced, within 10 days from the date of this Order, the United States Attorney or one of his Assistants (hereinafter “Government” or “Government attorney”) and each defendant's attorney shall meet and confer, and upon request of defense counsel, the Government shall: (a) Permit defendant's attorney to inspect and copy or photograph any relevant written or recorded statements or confessions made by the defendant, whether inculpatory or exculpatory, or copies thereof, including oral admissions or statements if they have been reduced to any form of writing, or are known to the Government attorney, which are within the possession, custody or control of the Government or the existence of which is known or may become known to the Government attorney. (b) Permit defendant's attorney to inspect and copy or photograph any 1:0 Page 1 of 7 relevant results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the case, or copies thereof, which are within the possession, custody or control of the Government or the existence of which is known, or may become known to the Government attorney, and which are material to the defendant's case. (c) Permit defendant's attorney to inspect and copy or photograph any recorded testimony given by the defendant before a grand jury. (d) Permit defendant's attorney to inspect and copy or photograph 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 or the existence of which is known, or may become known to the Government attorney, and which are material to the defendant's case. (e) Make known to defendant's attorney the defendant's prior criminal records in the possession of the attorney for the Government. (f) Make known to the defendant's attorney whether there have been any photographic identifications of defendant by any of the witnesses. (g) Permit defendant's attorney to inspect, copy or photograph any evidence favorable to the defendant within the meaning of Brady v. Maryland, 373 U.S. 83 (1963) and/or United States v. Agurs, 427 U.S. 97 (1976). A list of the documents and items of evidence so inspected shall be made and this list shall be signed by the attorneys and copies of the items so disclosed shall be initialed or otherwise marked. 2. Disclosure Declined. If it is the judgment of the Government attorney that it would be detrimental to the interests of justice to make any disclosure set forth in 1:0 Page 2 of 7 Section 1 which is requested by defense counsel, disclosure may be declined and defense counsel shall be so advised. The declination shall be made or confirmed in writing. If a defendant seeks to challenge the declination, the defendant may move the Court for relief in the following manner: (a) The defendant shall file a motion for discovery or inspection no later than five business days from the time the Government declines. (b) The motion shall set forth: 1) the statement that the prescribed conference was held, 2) the date of the conference, 3) the name of the Government attorney with whom the conference was held, 4) the matters that were agreed upon, and 5) the matters that are in dispute and require determination by the Court. 3. The time required to comply with the Order of Procedure is necessary for the Court and the parties to prepare the case for trial, the delay is necessary to affect a fair trial to the parties and the need to conduct a fair trial outweighs the right of the public and the parties to a speedy trial, therefore, the time to complete these procedures is excludeable time under Title 18 U.S.C. Section 3161, et seq. 4. Continuing Duty. Any duty of disclosure and discovery set forth herein is a continuing duty. 5. Discovery by the Government. This Order is not intended to preclude discovery by the Government pursuant to Rules 16(b) or 26.2 of the Federal Rules of Criminal Procedure. 6. Motion Deadline. All motions of any kind, by the defendant or by the government, shall be filed on or before __________. All briefs opposing said motions shall be filed no later than one week after motions are filed. Reply briefs will not be filed. The 1:0 Page 3 of 7 moving party shall state in the motion whether an evidentiary hearing is required and shall provide the reasons supporting this request. If the Court agrees, a hearing will be set forthwith. 7. Final Pretrial Conference: 6 weeks after arraignment, Room 815. The defendant is not required to attend. However, should the defendant wish to change his plea, the final pretrial conference will be converted to a change of plea hearing. 8. Pre-Marking and Listing of Exhibits. (a) Each party intending to offer exhibits shall mark the exhibits prior to commencement of the trial. Exhibit labels may be obtained from the Courtroom Deputy, Clerk of Courts in advance of trial. The United States shall identify their exhibits with Arabic numbers, and the defendant shall identify their exhibits with letters. (b) Counsel should provide the original and two copies of exhibits to Chambers, and one copy to opposing counsel, three (3) business days prior to the commencement of trial. The two copies of exhibits to the Court should be three hole punched and placed in notebooks, along with a copy of the exhibit lists ON THE ATTACHED FORM. (c) Exhibits which are introduced for the first time during trial, as in the case of exhibits used for impeachment, should be tendered to the courtroom deputy for marking and then displayed to opposing counsel. Copies must be provided to opposing counsel, the Court and the Court's Law Clerk. 9. Scientific Analysis. When the Government or defense has disclosed the scientific analysis of a proposed exhibit to opposing counsel, and that analysis has been made by an expert in the field of science involved, the results of the scientific analysis of 1:0 Page 4 of 7 the exhibit and the opinion of the scientist will be deemed admitted unless opposing counsel files with the Court prior to 10 business days before the date of trial a notice that the scientific analysis of the exhibit will be contested. This notice shall state whether the expert is desired as a witness. 10. Refreshing Memory. Whenever counsel for a party provides a witness with a document to refresh the memory of the witness for the purpose of testifying at trial, the opposing counsel shall be permitted defense counsel to inspect and copy the document, provided that such copy shall not be further duplicated. The document shall remain in the possession of counsel and shall be used only for the purpose of representing the parties in this case. 11. Jury Instructions. Counsel should submit proposed, substantive jury instructions, which indicate the filing party, the supporting authority and shall be numbered. The proposed instructions shall be filed with the Clerk's office at least five (5) business days before the scheduled trial date. Counsel are also required to submit a copy of their instructions by email to [email protected] formatted in WordPerfect. Supplemental requests for instructions during the course of the trial or at the conclusion of the evidence will be granted solely as to those matters that cannot be reasonably anticipated at the time of presentation of the initial set of instructions. Copies also should be served upon opposing counsel.. 12. Trial Date (in Cincinnati): 8 weeks after arraignment, Courtroom 836. 13. Defendant Attendance. The United States Marshal is hereby DIRECTED to have any defendant in its custody present at the hearing set in Section 7 and at trial set in Section 12. Defense counsel are hereby DIRECTED to have the defendant present at all 1:0 Page 5 of 7 settings. 14. The Government attorney shall monitor these proceedings. He or she shall prepare a time line showing the non-excludable and excludable time under 18 U.S.C. Section 3161. The time line shall be filed with the Court. The time line shall be updated as necessary but at least every thirty (30) days and filed with the Court. The Government attorney shall FORTHWITH inform the Court of the date trial should begin in this case pursuant to 18 U.S.C. Section 3161 and of any need to change that date to an earlier time. Requests for any continuance of the trial date by a party shall be by motion. The party filing the motion shall explain in the motion the necessity of the continuance and demonstrate that the time added by the continuance to the length of the proceedings is not only necessary but excludable under 18 U.S.C. Section 3161(h)(1)-(9). The parties shall refer to the Court’s web site at www.ohsd.uscourts.gov/judges/htm for further information regarding the trial procedures of this Court. IT IS SO ORDERED. bac July 28, 2006 Michael R. Barrett, Judge United States District Court 1:0 Page 6 of 7 AO 187 (Rev. 7/87) Exhibit and Witness List =================================================================================================================== UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Plaintiff EXHIBIT LIST v. CASE NO. ______________________ Defendant Presiding Judge Plaintiff Attorney Defendant Attorney Trial Dates Court Reporter Courtroom Clerk Pltf. No. Deft. No. Date Shown Offered Obj Adm. Description of Exhibit . 1:0 Page 7 of 7

=== Discovery Plan (26f) ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ________________________ Plaintiff(s) v. ________________________ Defendant(s) : : : : : : : : : Case No. ______________ Judge Michael R. Barrett JOINT DISCOVERY PLAN (RULE 26(f) REPORT) (REQUIRED FORM) Now come all parties to this case, by and through their respective counsel, and hereby jointly submit to the Court this Joint Discovery Plan, pursuant to the Court=s Trial Procedure Order. The parties conducted their discovery conference on ___________. A. MAGISTRATE CONSENT The Parties: G G G unanimously consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. ' 636 (c). do not unanimously consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. ' 636 (c). unanimously give contingent consent to the jurisdiction of the United States Magistrate Judge pursuant to 28 U.S.C. ' 636 (c), for trial purposes only, in the event that the District Judge assigned is unavailable on the date set for trial (e.g. because of other trial settings, civil or criminal). B. RULE 26(a) DISCLOSURES G G G The parties have exchanged pre-discovery disclosures required by Rule 26(a)(1). The parties will exchange such disclosures by _____________________ The parties are exempt from disclosures under Rule 26(a)(1)(E). NOTE: Rule 26(a) disclosures are not to be filed with the Court. C. DISCOVERY ISSUES AND DATES 1. Discovery will need to be conducted on the issues of _____________________________________________________ ______________________________________________________ 2. The parties recommend that discovery G G G G need not be bifurcated should be bifurcated between liability and damages should be bifurcated between factual and expert should be limited in some fashion or focused upon particular issues which relate to_______________________ 3. 4. 5. 6. 7. Disclosure and report of Plaintiff(s) expert(s) by _____________________ Disclosure and report of Defendant(s) expert(s) by Disclosure and report of rebuttal expert(s) by _______________________ Disclosure of non-expert (fact) witnesses __________________________ Discovery cutoff _________________________ 2 8. Anticipated discovery problems G_________________________________________________________ G None 9. Describe the subjects on which discovery is to be sought and the nature, extent and scope of discovery that each party needs to: (1) make a settlement evaluation, (2) prepare for case dispositive motions, and (3) prepare for trial: ______________________________________________________________________ ____________________________________________________________________ 10. Discovery of Electronically Stored Information. The parties have discussed disclosure, discovery, and preservation of electronically stored information, including the form or forms in which it should be produced. _______ Yes _______ No i. The parties have electronically stored information in the following formats: ______________________________________________________________ ______________________________________________________________ ii. The case presents the following issues relating to disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 3 11. Claims of Privilege or Protection. The parties have discussed issues regarding the protection of information by a privilege or the work-product doctrine, including whether the parties agree to a procedure to assert these claims after production or have any other agreements under Fed. R. Evid. 502. _________ Yes _________ No i. The case presents the following issues relating to claims of privilege or of protection as trial preparation materials: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ii. Have the parties agreed on a procedure to assert such claims AFTER production? ______ No ______ Yes ______ Yes, and the parties ask that the Court include the following agreement in the scheduling order: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4 D. LIMITATIONS ON DISCOVERY 1. Changes in the limitations on discovery G G G Extension of time limitations (currently one day of seven hours) in taking of depositions to __________________. Extension of number of depositions (currently 10) permitted to __________. Extension of number of interrogatories (currently 25) to ________. G Other: _________________________________________. G None E. PROTECTIVE ORDER G G A protective order will likely be submitted to the Court on or before _______________. The parties currently do not anticipate the need for a protective order. If the parties subsequently deem that one is necessary, they will submit a joint proposed order to the Court. Such order will be in compliance with Procter & Gamble Co. v. Bankers Trust Co., 78 F. 3d 219 (6th Cir. 1996). F. SETTLEMENT A settlement demand ______ has _______ has not been made. A response ______ has _______ has not been made. A demand can be made by ______________ A response can be made by _____________ 5 G. MOTION DEADLINES 1. 2. 3. Motion to amend the pleadings and/or add parties by ________________ Motions relative to the pleadings by _________________ Dispositive motions by _________________ H. OTHER MATTERS PERTINENT TO MANAGEMENT OF THIS LITIGATION ______________________________________________________________________ ______________________________________________________________________ ___________________________________________________________________ Signatures: ____________________ _____________________ Attorney for Plaintiff(s) Attorney for Defendant(s) ____________________ _____________________ ____________________ _____________________ ____________________ _____________________ ____________________ _____________________ 6

=== Final Civil Pretrial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION _______________, Case No.________________ Plaintiff(s) v. _______________, Defendant(s) : : : : : Judge Michael R. Barrett : JOINT FINAL PRETRIAL ORDER (REQUIRED FORM) This action came before the Court at a final pretrial conference held on ________________, 20__, at ___ a.m./p.m., pursuant to Rule 16, Federal Rules of Civil Procedure. I. APPEARANCES: For Plaintiff: For Defendant: II. NATURE OF ACTION AND JURISDICTION: A. B. This is an action for___________________________________. The jurisdiction of the Court is invoked under Title ___, United States Code, Section . C. The jurisdiction of the Court (is/is not) disputed. III. TRIAL INFORMATION: A. The estimated length of trial is ___ days. B. Trial to (the Court/a jury) has been set for __________, 20___, pursuant to the General Order on Trial Assignment. Or: A trial assignment will be made by the Court at a future date. C. D. Three sets of each party=s exhibits shall be delivered to Chambers at least three (3) days prior to the start of trial, this includes one original, one copy and at least one electronic version. Two set of each party’s depositions which will be used during trial shall be delivered to Chambers at least three (3) days prior to the start of trial. IV. AGREED STATEMENTS AND LISTS: A. General Nature of the Claims of the Parties 1. Plaintiff Claims: Set out brief summary without detail; an itemized statement of special damages should be included. 2. Defendant Claims: Set out brief summary without detail. 3. All other parties' claims: Same type of statement where third parties are involved. B. Pending Motions/Motions in Limine: 1. The following Motions, if any, are pending: Briefly list motions pending and identify which motions must be decided prior to trial. 2. Plaintiff anticipates/does not anticipate filing Motions in Limine. If filing Motions in Limine, briefly list the motions that are expected to be filed. 2 3. Defendant anticipates/does not anticipate filing Motions in Limine. If filing Motions in Limine, briefly list the motions that are expected to be filed. Motions in Limine must be filed at least fourteen (14) days prior to the commencement of trial. Responses shall be filed at least seven (7) days prior to the commencement of trial. C. Uncontroverted Facts Suggested language: The following facts are established by admissions in the pleadings or by stipulations of counsel: Set out uncontroverted or uncontested facts. The parties request and/or anticipate that the following stipulated facts be read by Judge Barrett to the jury: Set out stipulated facts to be read to the jury. D. Contested Issues of Fact and Law Suggested language: 1. Contested Issues of Fact: The contested issues of fact remaining for decision are: Set out a brief statement of the remaining contested issues of fact. 2. Contested Issues of Law: The contested issues of law in addition to those implicit in the foregoing issues of fact, are: Set out a brief statement of the remaining contested issues of law. Or: There are no special issues of law reserved other than those implicit in the foregoing issues of fact. E. Witnesses 3 Suggested language: 1. In the absence of reasonable notice to opposing counsel to the contrary, plaintiff will call, or will have available at the trial: Provide a brief individualized synopsis of each witness' testimony. 2. In the absence of reasonable notice to opposing counsel to the contrary, defendant will call, or will have available at the trial: Provide a brief individualized synopsis of each witness' testimony. 3. In the absence of reasonable notice to opposing counsel to the contrary, ____________will call: Provide a brief individualized synopsis of each witness' testimony. (Use for third parties, if any). 4. There is reserved to each of the parties the right to call such rebuttal witnesses as may be necessary, without prior notice thereof to the other party. Note: Only witnesses listed in the Pretrial Order or identified in accordance with paragraph 4 above will be permitted to testify at the trial, except witnesses called solely for purpose of impeachment or for good cause shown. F. Expert Witnesses Suggested language: Parties are limited to the following number of expert witnesses whose names have been disclosed to the other side. Plaintiff: List all expert witnesses plaintiff intends to call at trial. Defendant: List all expert witnesses defendant intends to call at trial. Counsel have attached a resume of each expert's qualifications as 4 Appendix A herein. G. Exhibits Needless Court time is taken up in the marking of exhibits during trial. Accordingly, the exhibit list should be prepared prior to trial and set forth in the pretrial order. Plaintiff=s exhibits shall be marked as APX#@ and Defendant=s exhibits shall be marked as ADX#@. Exhibit markers should be attached to all exhibits at the time they are shown to opposing counsel during the preparation of the pretrial order. They should be attached to the lower right-hand corner whenever possible. Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the pretrial order, with the exception of exhibits to be used solely for the purpose of impeachment. Exhibit lists shall be in the form set forth in the example attachment hereto. Exhibit lists should be attached as appendices to the pretrial order as follows: Appendix B Joint Exhibits Appendix C Plaintiff Exhibits Appendix D Defendant Exhibits Appendix E Third-Party Exhibits H. Depositions Suggested language: Testimony of the following witnesses will be offered by deposition/videotape: List all witnesses whose testimony will be offered by deposition or videotape. If none, so state. Please list any anticipated objections to the above witnesses to be offered by deposition/videotape. 5 List any anticipated objections to the above witnesses to be offered by deposition/videotape. If none, so state. I. Completion of Discovery Except for good cause, all discovery shall be completed before the Final Pretrial Order is signed by the Court. If discovery has not been completed, the proposed pretrial order shall state what discovery is yet to be done by each side, when it is scheduled, when it will be completed, and whether any problems, such as objections or motions, are likely with respect to the uncompleted discovery. Suggested language: Discovery has been completed. Or: Discovery is to be completed by ___________, 20__. Or: Further discovery is limited to__________________. Or: The following provisions were made for discovery: Specify all such provisions. J. Miscellaneous Orders Set forth any orders not properly includable elsewhere. V. MODIFICATION This Final Pretrial Order may be modified at the trial of this action, or prior thereto, to prevent manifest injustice. Such modification may be made by application of counsel or on motion of the Court. VI. JURY INSTRUCTIONS AND STATEMENT If there are no dispositive motions pending, then the Jury Instructions, including interrogatories and special verdict forms shall be submitted by email, in Word format, to [email protected] contemporaneously with the submission of this Proposed Final Pretrial Order. 6 If there are pending dispositive motions, then the preliminary Jury Instructions, including interrogatories and special verdict forms shall be submitted by email, in Word format, to [email protected] at least fourteen (14) days prior to the commencement of trial. In addition, all of the above shall be electronically filed in the Clerk=s Office contemporaneously with the submission to Chambers. There is reserved to counsel the right to submit supplemental requests for instructions during trial, or at the conclusion of the evidence, but only on matters that cannot be reasonably anticipated. The parties shall submit joint instructions in the form set forth in the example attached hereto. Each instruction should be on a separate page and be presented jointly with agreed language to be in a normal type, Plaintiff=s proposed language to be in italics and Defendant=s proposed language to be in bold. All instructions must contain a citation of authority (including the page number for the specific legal proposition for which you are citing the case) upon which counsel relies. A request for special instructions must be filed with the Clerk of Court=s Office, prior to presentation to the Court. The parties shall jointly prepare a statement of the case to be read by Judge Barrett to the jury at voir dire. This statement shall be emailed to Chambers at [email protected] three (3) days prior to the commencement of trial. VII. SETTLEMENT EFFORTS Set forth circumstances surrounding the parties' efforts to negotiate a settlement. VIII. TRIAL TO THE COURT Proposed Findings of Fact & Conclusions of Law: Contemporaneously with the submission of this proposed Final Pretrial Order, the parties separately shall file those Findings of Fact and Conclusions of Law that each counsel believes the Court should make. IX. JURY TRIAL Do the parties anticipate the need for trial briefs on particular legal issues? If so, please state the particular legal issues. 7 X. INSTRUCTIONS This proposed Final Pretrial Order shall be emailed, in Word format, to Chambers at [email protected] at least seven (7) days prior to the Final Pretrial Conference. It should not be filed with the Clerk=s office. IT IS SO ORDERED. __________________________ MICHAEL R. BARRETT United States District Judge _______________________ Counsel for Plaintiff _______________________ Counsel for Defendant 8 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION _______________, Case No.________________ Plaintiff(s) v. _______________, Defendant(s) : : : : : Judge Barrett EXHIBIT LIST (Example) : Exhibit No. Date Offered & By Whom Admitted Bates Date Description # PX1 PX2 PX3 PX4 9 (EXAMPLE)1 JURY INSTRUCTION NO. 7 CIRCUMSTANTIAL EVIDENCE2 Generally speaking, two types of evidence may be presented during a trialCdirect evidence and indirect evidence, which is commonly called circumstantial evidence. ADirect evidence@ is the testimony of a person who claims to have actual knowledge of a fact, such as an eyewitness. If a witness testifies that he saw it raining outside, and you believe him, that would be direct evidence that it was raining. ACircumstantial evidence@ is proof of a chain of facts or circumstances that indirectly prove a fact. By circumstantial evidence is meant the proof of certain facts and circumstances in a given case from which a jury may infer other connected facts, which usually and reasonably follow according to the common experience of mankind. The credibility of witnesses detailing circumstances in evidence, or the weight of such circumstances, if the jury find that they occurred, are to be determined solely by you.3 If someone walked into the courtroom wearing a raincoat covered with drops of water and carrying a wet umbrella, that would be circumstantial evidence from which you might conclude that it was raining. 1 This is just an example and is not to be viewed as the Court=s desired instruction on circumstantial evidence. 2Authority: O=Malley, et al. Federal Jury Practice and Instruction, ' 171.46 (citing, in part, Instruction No. 3.6, Manual of Model Civil Jury Instructions for the District Courts of the Ninth Circuit (1997 ; ABA, Model Jury Instructions: Employment Litigation, ' 1.02[3] (2d ed. 2005). 3Markley v. Hudson (1944), 143 Ohio St. 163, 28 O.O. 81, 54 N.E.2d 304, 3-317, OJI ' 317.15. 10

=== Trial Procedure (Civil) ===

STANDING ORDER ON CIVIL PROCEDURES MICHAEL R. BARRETT UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI I. PRETRIAL PROCEDURE A. Discovery Conference, Joint Discovery Plan and Mandatory Disclosure1 Discovery Conference 1. As soon as all counsel are identified, all counsel shall agree on a date for the discovery conference required by Fed. R. Civ. P. 26(f). Joint Discovery Plan2 2. Following the discovery conference, the parties shall file the discovery plan required by Fed. R. Civ. P. 26(f). The parties shall use the required Joint Discovery Plan form, which can be found at ohsd.uscourts.gov/FPbarrett. Mandatory Disclosure 3. Unless otherwise agreed in the discovery plan, the parties shall make the disclosures required by Fed. R. Civ. P. 26(a)(1) within fourteen (14) days after the discovery conference. B. Preliminary Pretrial Conference The Court will schedule a Preliminary Pretrial Conference to occur within sixty (60) days of the date when all counsel are identified. Generally, this conference will be conducted by telephone, unless otherwise noted in the pretrial notice. The conference will deal with the following matters, wherever applicable: 1 Under Fed. R. Civ. P. 26(a)(1)(B), the following categories of cases are exempt from the requirements for a discovery conference, a discovery plan, and mandatory disclosure: (i) an action for review on an administrative record (e.g. Social Security and certain ERISA cases), (ii) a forfeiture action in rem arising from a federal statute; (iii) a petition for habeas corpus or any other proceeding to challenge a criminal conviction or sentence; (iv) an action brought without an attorney by a person in the custody of the United States, a state, or a state subdivision; (v) an action to enforce or quash an administrative summons or subpoena; (vi) an action by the United States to recover benefit payments; (vii) an action by the United States to collect on a student loan guaranteed by the United States; (viii) a proceeding ancillary to a proceeding in another court; and (ix) an action to enforce an arbitration award. 2 Attorneys can obtain all the pretrial procedures and forms used by visiting ohsd.uscourts.gov/FPbarrett. Attorneys lacking internet access can contact the Court's Courtroom Deputy, Krista Zeller. 1 1. 2. 3. 4. What are the essential facts and legal claims at issue from each party’s perspective? What will be involved in discovery and how much time will be required for it? A calendar will be established. This Court’s general rule is to permit six (6) months of discovery in most cases. Will there be expert witnesses, and, if so, what dates should be established for the disclosure of expert witnesses? The Court’s usual practice is to require the disclosure of plaintiff’s experts with their reports 30 to 45 days before the defendant is required to disclose experts. See Fed. R. Civ. P. 26(a)(2). How many days will it take to try the case? C. Counsel Not Admitted in the Southern District Counsel admitted to practice before the highest court of any state may move to be admitted in the Southern District of Ohio for purposes of appearance in a specific case. Counsel must attach to the motion for admission pro hac vice a Certificate of Good Standing issued by the highest court of any state, and the appropriate filing fees. See S.D. Ohio Civ. R. 83.3(e). Permission will be conditional only and may be withdrawn at any time. See Leis v. Flynt, 439 U.S. 438 (1979). Counsel admitted pro hac vice shall obtain local counsel who is familiar with the procedures in the Southern District of Ohio. Counsel admitted pro hac vice are also expected to familiarize themselves with, and to follow, the Southern District of Ohio Civil Rules, as well as all standing orders of this Court. The order granting admission pro hac vice is conditioned upon counsel’s registration and participation in the Court’s electronic filing system. D. Discovery THIS COURT DOES NOT PERMIT DISCOVERY MOTIONS (e.g., motions to compel or motions for protective order regarding discovery disputes) unless and until counsel use the following procedure: Counsel must first attempt to resolve disputes by extrajudicial means (required by S.D. Ohio Civ. R. 37.1). This Court defines extrajudicial means as attempts to resolve the matter both in writing and telephonically. If counsel are unable to resolve the dispute between themselves, then they must contact the Court’s Courtroom Deputy, Krista Zeller either by telephone (513-564-7660) or by email ([email protected]), and a telephone conference with all counsel and the Court will be scheduled as soon as possible. 2 The deadline for discovery will be set in the Scheduling Order. Discovery requests must be made at such time that responses thereto are due before the discovery deadline. For example, if the time for response to a discovery request under the appropriate rule is thirty (30) days, the discovery request must be made at least thirty (30) days before the discovery deadline. Counsel, by agreement, may continue discovery beyond the deadline. In that case, no supervision of or intervention in the continued discovery will be made by the Court unless there is a showing of extreme prejudice. No other dates will be vacated or modified as a result of information acquired during continued discovery. NEITHER COUNSEL NOR THE PARTIES SHALL PRESUME THAT A PENDING MOTION RELIEVES THEM OF THEIR OBLIGATION TO CONDUCT DISCOVERY WITHIN THE DEADLINES SET FORTH BY THE CASE SCHEDULE. E. Proposed Protective Orders If the parties deem that a protective order is necessary, they must submit a joint proposed protective order to the Court. The proposed protective order must be in compliance with Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996), and must indicate that the Court, not the parties, determines which documents may be filed under seal.3 Proposed protective orders should be submitted by email to the Court at [email protected]. Should the parties wish to utilize the protective order template available on the website of the Southern District of Ohio, they should be mindful to modify Paragraph 12 in accordance with Subsection D of this Standing Order, supra.4 3The following language is acceptable: This Protective Order does not authorize filing protected materials under seal. No document may be filed with the Court under seal without prior permission as to each such filing, upon motion and for good cause shown, including the legal basis for filing under seal. See Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219 (6th Cir. 1996). Unless the Court orders otherwise, all sealed documents shall be filed according to S.D. Ohio Civ. R. 79.3. 4 The following language is acceptable: In the event of a disagreement that cannot be resolved by extrajudicial means, then the designating person or entity shall contact the Court to schedule a discovery dispute conference. 3 F. Motions Where, in any motion or related brief filed with this Court, counsel wishes to refer to a document or exhibit, an identical copy of which has already been filed in the case at issue, counsel shall refer to the earliest filed version of that document or exhibit, using the method of citation described below, rather than filing an additional copy of the document or exhibit as a new exhibit to the motion or brief. Except for good cause shown or where the deposition previously has been filed in the case at issue, each deposition cited in any dispositive motion or related brief must be filed: (a) in its entirety; (b) as a separate document; and (c) contemporaneously with the filing of said motion or brief. Where the cited deposition previously has been filed, counsel must cite to that version of the deposition using the method of citation described below in any subsequently filed motion or brief. In every motion and related brief, citations to documents and exhibits previously filed with the Court must include the CM/ECF document number and, where applicable, pinpoint citations using the PageID number. Counsel also may choose to include an abbreviated title for the cited document or exhibit. For example, a citation might read “Smith Dep. at ##, Doc. ## at PageID ###” or “Doc. ##, PageID ###).” Other than motions required by law to be set for a hearing, with notice given to all counsel, and motions upon which a specific request for a hearing has been made and granted by the Court, all motions shall be submitted without oral argument on the memoranda filed with the Clerk, on the schedule set forth in S.D. Ohio Civ. R. 7.2, unless otherwise ordered. THE COURT REQUIRES ALL COUNSEL TO SUBMIT A HARD COPY TO CHAMBERS OF ANY DISPOSITIVE MOTIONS, OPPOSITIONS AND REPLIES WHICH ARE IN EXCESS OF 20 PAGES (INCLUDING ATTACHMENTS). THESE SUBMISSIONS MUST CONTAIN ALL RELATED ATTACHMENTS. For every such motion, counsel shall submit a proposed order by email to [email protected]. G. Limitations on Briefs and Memoranda BRIEFS AND/OR MEMORANDA IN SUPPORT OF OR IN OPPOSITION TO ANY MOTION IN THIS COURT SHALL NOT EXCEED TWENTY PAGES WITHOUT FIRST OBTAINING LEAVE OF COURT. A motion for leave must set forth the reasons excess pages are required and the number of pages sought. 4 If leave of Court is granted, counsel must include: (1) a table of contents indicating the main sections of the memorandum, the arguments made in each section, and the pages on which each section and subsection may be found; and (2) a succinct, clear, and accurate summary not to exceed five pages of the principal arguments made and citations to the primary authorities relied upon in the memorandum. All briefs and memoranda shall comply with the formal requirements of S.D. Ohio Civ. R. 7.2. In the spirit of compliance with the rules, all briefs and memoranda shall comport with the following: 1. One-inch margins top, bottom, left and right. 2. Main body of text a minimum of 12-point font and footnotes in 10-point font. 3. Citations to be in main body of text and not in footnotes. H. Settlement Conference Settlement Authority 1. In an effort to encourage settlements, the Court may schedule a settlement conference at any time. Counsel also may request that a conference be scheduled at any time when it appears such a conference would be fruitful. ATTORNEYS ATTENDING SETTLEMENT CONFERENCES MUST BRING THE PARTY, PRINCIPAL, OR AGENT WITH FULL SETTLEMENT AUTHORITY. By full settlement authority, the Court means the person or persons attending must possess the independent authority to make necessary financial and settlement decisions. Ex Parte Settlement Letters 2. Each party must prepare and submit a detailed ex parte letter—no longer than five (5) pages—to the Court seven (7) days prior to the conference. The letters should contain the parties’ positions, a synopsis of the case, and the status of any settlement negotiations to to delivered date. [email protected]. The letters will be held in confidence by the Court, should not be filed with the Clerk's Office, and may be, but do not have to be, exchanged with opposing counsel. letters may Chambers emailed The be or to I. Final Pretrial Conference Approximately thirty (30) days prior to the scheduled trial date, a Final Pretrial Conference will be held. At least seven (7) days prior to the Final Pretrial Conference, counsel shall to submit prepared Pretrial jointly Order email Final by a 5 [email protected]. This statement should not be filed with the Clerk’s office. The required form is available at ohsd.uscourts.gov/FPbarrett. Attorneys lacking internet access can contact the Court's Courtroom Deputy, Krista Zeller. Additionally, counsel will submit a joint statement of the case to be read by Judge Barrett to the jury at voir dire. This statement shall be emailed to Chambers at [email protected], no later than three (3) days prior to the commencement of trial. All trial counsel must be present at the Final Pretrial Conference. If no formal settlement conference has been held previously, attorneys must bring the party, principal, or agent with full settlement authority to the Final Pretrial Conference. In the event that counsel agree to submit the entire case on cross motions for summary judgment, the Final Pretrial Conference and trial dates will be vacated. J. Trial Assignments - Trailing Docket The Court utilizes a modified trialing docket. Multiple cases will be scheduled for trial during each setting. Criminal cases may also be scheduled and will take precedence under the Federal Speedy Trial Act. As to civil cases, the Court will determine which case shall proceed. If your case does not proceed, it will be rescheduled. If your case settles, you must immediately notify the Court. NOTE: Should a case settle after 12:00 p.m. on the business day immediately preceding the scheduled trial date, the Court may assess against either or both parties the costs of summoning a jury. A case will be considered settled for the purposes of this provision when notice thereof is given to the Court. A hearing may be held before such costs are assessed, if requested by the parties. If, for any reason, counsel wish to have their case advanced for trial to the earliest available date, they may contact the Courtroom Deputy to be placed on a standby list. Should any trial setting be vacated by a settlement or continuance of other trials, counsel would be contacted to determine whether they wish to utilize the newly available time slot. K. Witnesses Lay Witnesses 1. Each party shall disclose to opposing counsel the names of all lay witnesses on the date set forth in the Court’s Preliminary Pretrial Order. 6 2. Expert Witnesses a. Disclosure Each party shall disclose to opposing counsel, pursuant to Fed. R. Civ. P. 26(a)(2), the identity of all expert witnesses on the dates set forth in the Court's Calendar Order. No disclosure may list more than five (5) experts without specific Court permission. Use at Trial b. The Court generally permits the parties to briefly qualify their experts at trial. Opposing counsel may voir dire any such witness if his or her expertise is questioned. L. Deadlines Parties are reminded that all deadlines set forth in this Order, in the Calendar Order, in the Final Pretrial Order, and in any other Order issued by this Court are firm deadlines. The parties SHALL file all required documents by the dates set forth in these Orders unless prior approval of the Court for filing on a later date has been obtained. The Court can and will impose sanctions, including monetary sanctions, for failure to meet these deadlines. If a motion for an extension of time is filed, such motion shall include whether the opposing party consents to the extension. M. Attorney Fees The parties may stipulate the amount of attorney fees due to counsel. In the absence of a stipulation, counsel shall submit a motion and affidavit reflecting the reasonable attorney fees and expenses in this matter. Each activity to be reimbursed should be listed, together with date, the number of hours or portion thereof and the nature of the activity. Pursuant to S.D. Ohio Civ. R. 54.2, counsel shall have forty-five (45) days after the entry of judgment to file the motion for fees. 7 II. TRIAL PRACTICE Conduct of counsel during all Court appearances will be governed by the following instructions: A. Counsel Tables The parties will occupy the counsel table designated by the Court's Courtroom Deputy before the opening of the first session of the trial. B. Court Sessions Under ordinary circumstances, proceedings in trials expected to last no more than two weekswill be held Monday through Friday. Trial hours are generally 9:00 a.m. to 12:30 and 2:00 p.m. to 5:00 p.m., with fifteen- minute breaks in the morning and the afternoon. The parties and all counsel shall be present at counsel tables at all sessions before the jury is brought into the courtroom, and will remain at counsel tables until after the jury leaves the courtroom at the end of all sessions. The parties and counsel will stand upon the entrance and exit of the jury. Counsel and the parties shall be present in the courtroom thirty (30) minutes before Court convenes every day. The purpose of this requirement is to resolve any problems that may arise during the course of a trial. If counsel need to bring anything to the Court’s attention, they should contact the Court’s Courtroom Deputy or Law Clerk before 8:30 a.m. so that the Court can resolve the matter before the jury is brought into the courtroom. Counsel should also be readily available for conferences during recesses. Please keep the Courtroom Deputy informed as to where you may be located in the event the Court needs to find you quickly. C. Courtroom Equipment Judge Barrett’s courtroom, Room 109, is ADA compliant and has audio- and video- conferencing capabilities. The courtroom is equipped with a visualizer and wireless internet with laptop connections. Counsel are responsible for operating any audiovisual devices that they wish to use. Counsel who are unfamiliar with how to operate the equipment should contact Krista Zeller, the Courtroom Deputy, prior to trial for a tutorial. D. Addresses by Counsel Counsel will address the Court and the jury in the following manner: 8 1. 2. Voir dire examination, opening statements and closing arguments will be conducted from the lectern facing the jury. Unless otherwise instructed, counsel shall stand when addressing the Court for any reason. E. Decorum Colloquy or argument between counsel shall not be permitted. All remarks shall be addressed to the Court. Appearance, mannerisms, or habits that are designed to arouse the sympathy or prejudice of the jury are an impediment to an impartial trial and will not be permitted. During a trial, counsel shall not exhibit familiarity with witnesses, jurors, or opposing counsel and shall avoid the use of first names. During opening statements and final arguments, all persons at counsel table shall remain seated and be respectful so as not to divert the attention of the Court or the jury. Do not ask the court reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. F. Voir Dire Examination The whole panel of prospective jurors (i.e., those in the jury box and those seated in the rear of the courtroom) will be examined in one continuous examination. Counsel will be provided with a list of the prospective jurors prior to the commencement of trial. Counsel can contact the Jury Commissioner, Jennifer Webster, three (3) days before trial at 513-564-7517 to obtain the juror questionnaire forms. Additionally, each prospective juror will be assigned a seat number and given a corresponding index card. During jury selection, Counsel shall refer to prospective jurors by that seat number and not by name. In most cases, eight (8) prospective jurors will be seated in the jury box. 5 In cases expected to last less than two (2) weeks, the Court recommends that the parties be allocated four (4) peremptory challenges. 5 Pursuant to Fed. R. Civ. P. 48, unless the parties stipulate otherwise, the verdict shall be unanimously reached by a jury of at least six (6) members. 9 The Court will conduct a preliminary voir dire examination and counsel may supplement the Court's examination. Background information is contained in juror questionnaire forms which are on file in the Clerk's Office. Counsel should examine these questionnaires prior to the commencement of trial. Counsel may inquire regarding any omission in a juror's answer to the juror questionnaire or regarding information contained in the juror questionnaire. Counsel must return juror questionnaire forms to the Jury Commissioner. G. Challenges for Cause The entire panel will be subject to challenge for cause (i.e., jurors seated in the jury box and in the rear of the courtroom). Challenges for cause will be exercised outside of the presence of the jury (either in a conference room or at sidebar). H. Peremptory Challenges The parties will exercise their peremptory challenges alternately with the plaintiff exercising the first challenge. Subject to discussion with counsel, if either party "passes," the challenge will be counted as used. If both parties pass on a particular round, the preemptory challenges may be deemed concluded. Peremptory challenges will be exercised outside of the presence of the jury (either in a conference room or at sidebar). Any prospective juror on the panel may be so challenged. Challenges to the manner in which an opposing party has exercised peremptory challenges (e.g., a Batson argument that a party's challenges are racially discriminatory) shall be made before the jury is sworn and before the extra venire persons are excused; otherwise, they are waived. At the conclusion of the peremptory challenges, the Court's Courtroom Deputy will announce the composition of the jury, which shall be the first eight remaining on the list. I. Jury Instructions & Verdict Form Counsel are required to provide jury instructions to the Court only on the issues of the law applicable to the claims made and on damages. Counsel also shall provide proposed juror interrogatories and verdict forms. Boilerplate instructions on issues such credibility of witnesses, etc., need not be submitted. If there are no dispositive motions pending, then the Jury Instructions, including interrogatories and special verdict forms, shall be submitted by email, in Microsoft Word format, the submission of Proposed Final Pretrial Order, which is due at least seven (7) days prior to the Final Pretrial Conference. to [email protected] contemporaneously with 10 If there are pending dispositive motions, then the preliminary Jury Instructions, including interrogatories and special verdict forms, shall be submitted by email, in Microsoft Word format, to [email protected] at least fourteen (14) days prior to the commencement of trial. In addition, all of the above shall be electronically filed in the Clerk’s Office contemporaneously with the submission to Chambers. There is reserved to counsel the right to submit supplemental requests for instructions during trial, or at the conclusion of the evidence, but only on matters that cannot be reasonably anticipated. THE PARTIES SHALL SUBMIT JOINT INSTRUCTIONS IN THE MANNER SET FORTH IN THE EXAMPLE ATTACHED TO THE FINAL PRETRIAL ORDER FORM. A request for special instructions must be filed with the Clerk prior to presentation to the Court. In diversity and other cases where Ohio law provides the rules of decision, use of Ohio Jury Instructions (OJI) as to all issues of substantive law is required. As to all other issues, and as to all issues of substantive law where Ohio law does not control, counsel should use: 1. 2. 3. 4. United States Supreme Court case law; Sixth Circuit case law; Federal Jury Practice and Instruction by O’Malley, Grenig & Lee; or Any pattern jury instructions published by a federal court (care should be taken to make certain substantive instructions on federal questions conform to Sixth Circuit case law). J. Examination of Witnesses Counsel shall generally conduct their examination from the lectern. When a party has more than one attorney, only one may conduct the direct or cross- examination of a given witness. Counsel shall not approach a witness without asking the permission of the Court. When permission is granted for the purpose of working with an exhibit, counsel should resume the examination from the lectern when finished with the exhibit. In most cases, the courtroom deputy will place exhibits before the witness. 11 The judiciary’s privacy policy restricts the publication of certain personal data in documents filed with the court. The policy requires limiting Social Security and financial account numbers to the last four digits, using only initials for the names of minor children, and limiting dates of birth to the year. For criminal cases, also limit home addresses to city and state. However, if such information is elicited during testimony or other court proceedings, it will become available to the public when the official transcript is filed at the courthouse unless, and until, it is redacted. The better practice is for you to avoid introducing this information into the record in the first place. Please take this into account when questioning witnesses or making other statements in court. If a restricted item is mentioned in court, you may ask to have it stricken from the record or partially redacted to conform to the privacy policy by following the procedures set forth in the Judicial Conference policy on electronic availability of transcripts of court proceedings, or the court may do so on its own motion. The policy is located at ohsd.uscourts.gov/ohio- southern-district-forms. K. Doctors and Other Professional Witnesses It is the Court’s position that treating physicians are not expert witnesses to the extent that they are called as fact witnesses. If, however, a treating physician gives a prognosis, then he will be deemed an expert. The Court will attempt to cooperate with doctors and other professional witnesses and will, to the extent practicable, accommodate their schedules by permitting them to testify out of order. Counsel should try to anticipate any such difficulty and reach an agreement, wherever possible, to achieve a minimum of disruption to both the trial and the witness's schedules. Irreconcilable conflicts shall be brought to the attention of the Court as soon as counsel become aware of the problem. L. Objections Counsel will stand when making an objection and will make the objection directly and only to the Court. When objecting, state only that you are objecting and if requested by the Court, state the grounds. Objections shall not be used for the purpose of making speeches, repeating testimony, or attempting to guide a witness or influence the jury. Argument upon an objection will not be heard unless permission is given or argument is requested by the Court. Either counsel may request a bench conference. 12 M. Exhibits COUNSEL ARE REQUIRED TO LIST ALL EXHIBITS IN THE FINAL PRETRIAL ORDER. All exhibits will be assembled, marked, and placed in three-ring binders. An index to the exhibits shall be in the front of each binder. If the parties have agreed upon joint exhibits, the parties shall submit a joint exhibit binder consistent with these instructions. Exhibits shall be marked as listed in the Joint Proposed Final Pretrial Order, with each exhibit bearing an exhibit sticker and with the same exhibit designation on a tab extended beyond the binder on the right-hand side. Each page of a multi-page exhibit shall be numbered with a distinctive number (e.g., as applied by a BATES numbering machine). Plaintiff’s exhibits shall be marked as PX# and Defendant’s exhibits shall be marked as DX#. Counsel must use Arabic numbers. Exhibit markers should be attached to all exhibits at the time they are shown to opposing counsel during the preparation of the pretrial order. A supply of marking tags for exhibits may be obtained from the Clerk’s Office. They should be attached to the lower right-hand corner whenever possible. When defendant’s exhibits exceed fifty-two (52) in number, defendant shall promptly advise opposing counsel. In such event, all exhibits will be sequentially numbered as follows: plaintiff’s exhibits will be designated by Arabic numerals 1-999 (e.g. PX-1); defendant’s exhibits will be designated by numerals 1000-1999 (e.g. DX-1000); and joint exhibits will be designated by numerals 2000-2999 (e.g JX-2000). Joint exhibits are encouraged. If the parties have not submitted joint exhibits, then they must prepare jointly a cross-referenced index of plaintiff’s and defendant’s exhibits that are the same. This index is due seven (7) days before trial. Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the pretrial order, with the exception of exhibits to be used solely for the purpose of impeachment. Exhibit lists shall be in the form set forth in the example attached to the Final Pretrial Order form. Three sets of each party’s exhibits shall be delivered to Chambers at least three (3) days prior to the commencement of trial; this includes one original, one physical copy, and one electronic copy. If any sketches, models, diagrams, etc. will be used during trial or in argument, they must be exhibited to opposing counsel not later than the day before trial. Demonstrative 13 evidence prepared solely for the purpose of final argument shall be displayed to opposing counsel at the earliest possible time, but in no event later than one-half hour before the commencement of the arguments. Exhibits deposited with the Court's Courtroom Deputy and appropriately marked may be used by any party at trial. Each party should offer its exhibits into evidence as they are sought to be used at trial. An exhibit to be examined or displayed to the jury must be offered and admitted prior to examination or display. The admissibility of all exhibits referred to during trial and offered by the parties will be ruled upon by the Court at the time that they are identified. Either side may offer any marked exhibit regardless of which party marked it. There is no requirement that counsel object to any exhibit at the Final Pretrial Conference. Counsel will confer in advance of trial and attempt to agree to admissibility of exhibits and to resolve objections to any exhibits. Each counsel is responsible for any exhibits secured from the Courtroom Deputy. At the end of each trial session, all exhibits shall be returned to the Court's Courtroom Deputy. In formulating a question to a witness dealing with an exhibit, counsel shall specify the exhibit number or designation so that the record will be clear. Exhibits which are produced for the first time during trial, as in the case of exhibits used for impeachment, shall be tendered to the Court's Courtroom Deputy for marking and then copies should be provided to opposing counsel, the Court and the Court's Law Clerk. A visualizer is available in the courtroom to project documents, etc. If counsel are not familiar with how to operate it, prior to trial please contact Krista Zeller by either telephone (513-564-7660) or by email at [email protected]. Placing a document on the visualizer is the equivalent of handing a document to the jury. Therefore, no exhibit may be placed on the visualizer unless previously admitted or agreed to by the parties. N. Depositions Deposition transcripts shall be filed electronically if a party reasonably anticipates use of such transcripts at trial. See S.D. Ohio Civ. R. 5.4(b). 14 Counsel shall submit to each other their deposition designations at least fourteen (14) days before trial. Counsel will confer and attempt to resolve objections by agreement. If any objections remain, counsel shall jointly prepare a list of objections identifying the page number and line(s) of the deposition where the objection will be found and stating in one sentence the grounds for the objection. This procedure applies to both written and videotape depositions. Videotape depositions which contain objections must be accompanied by a full or, if agreed, partial transcript. The jointly prepared deposition designations list of objections and grounds for these objections must be delivered to the Court no later than seven (7) days prior to the commencement of trial. Videotape presentations must include a method for editing the sound to delete testimony as to which the Court has sustained an objection. O. Trial Briefs Trial briefs are optional. If you decide to file a trial brief, it may be filed any time before trial. All briefs shall comply with S.D. Ohio Civ. R. 5.1, with citations and references conforming to S.D. Ohio Civ. R. 7.2(b). Counsel should use their trial briefs to instruct the Court in advance of trial in any area of law upon which counsel will rely at trial. Therefore, the briefs should contain arguments, with citations to legal authority, in support of any evidentiary or other legal questions which may reasonably be anticipated to arise at trial. P. Proposed Findings of Fact and Conclusions of Law In a trial to the Court, the parties shall file Findings of Fact and Conclusions of Law which the parties believe are necessary to be made to support a favorable judgment. Unless otherwise ordered by the Court, these shall be filed at the same time as the Joint Final Pretrial Order is submitted seven (7) days before the Final Pretrial Conference. Q. Trial Motions and Motions in Limine Unless otherwise ordered by the Court, motions in limine must be filed and served not later than fourteen (14) days prior to the commencement of trial. Responses to the motion(s) shall be filed seven (7) days prior to the commencement of trial. Any motions in limine addressed to the admissibility of expert testimony under Daubert, if not included in a previously filed motion for summary judgment, shall be filed at least forty-two (42) days prior to the Final Pretrial Conference. Responses to such motions shall be filed not later than thirty-five (35) days prior to the Final Pretrial Conference. No replies will be filed unless otherwise ordered by the Court. In all cases, trial motions and motions in limine are to be exchanged with opposing counsel by hand delivery, facsimile, or email. 15 R. Stipulations Stipulated facts to be read to the jury shall be set forth in the Final Pretrial Order. S. Summary of Deadlines Daubert Motions (not previously filed) Responses to Daubert Motions Forty-two days prior to Final Pretrial Conference Thirty-five days prior to Final Pretrial Conference Final Pretrial Order Seven days prior to Final Pretrial Conference Proposed Findings of Fact and Conclusions of Law (Trial to Court) Jury Instructions (no dispositive motions pending) Jury Instructions (dispositive motions pending) Seven days prior to Final Pretrial Conference Seven days prior to Final Pretrial Conference Fourteen days prior to commencement of trial Motions in Limine Fourteen days prior to commencement of trial Responses to Motions in Limine Seven days prior to commencement of trial Deposition objections Fourteen days prior to commencement of trial Joint Statement of Case Three days prior to commencement of trial Exhibits Depositions Three days prior to commencement of trial Three days prior to commencement of trial 16

=== Trial Procedure (Criminal) ===

TRIAL PROCEDURE ORDER - CRIMINAL TRIAL MICHAEL R. BARRETT UNITED STATES DISTRICT JUDGE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT CINCINNATI I. PRETRIAL PROCEDURE A. Trial Date The case will be set for trial between 59 and 70 days into speedy trial. Generally, the final pretrial conference will be scheduled for 1 week before the commencement of trial. All trial counsel must appear in person at the Final Pretrial Conference. B. Discovery and Inspection The attorney for the defendant is directed to contact promptly the Assistant U.S. Attorney in charge of the prosecution of his/her case, if prior contact has not been made, and arrange a meeting for the purpose of resolving all requests for discovery provided for under the Federal Rules of Criminal Procedure, including Rule 16. Upon request for discovery by the attorney for the defendant, pursuant to Fed. R. Crim. P. Rule 16, the government shall make the required disclosure of evidence discoverable under the terms and conditions of Rule 16(a). The government shall file a response within one week of the filing of the defendant's request. The discovery meeting shall be held as promptly as possible and prior to one week after arraignment. If at any time during the course of these proceedings after the initial request, any party fails to comply with Fed. R. Crim. P. 16, such failure shall be brought to the attention of the Court by a specific motion to compel discovery. Motions to compel shall be filed one week from the date of a party's denial of the initial request. C. Motions All motions of any kind, by the defendant or by the government, shall be filed on or before the date set forth in the Criminal Preliminary Pretrial Order. All briefs opposing said motions shall be filed no later than one week after motions are filed. Reply briefs will not be filed. The moving party shall state in the motion whether an evidentiary hearing is required and shall provide the reasons supporting this request. If the Court agrees, a hearing will be set forthwith. 1 D. Plea Negotiations and Plea Agreement Plea agreement discussions between the Assistant U.S. Attorney and the attorney for the defendant, pursuant to Fed. R. Crim. P. Rule 11(e), shall be commenced as soon as practicable. The parties shall notify the Court promptly if a plea agreement is reached and a change of plea will be scheduled. Generally, the Final Pretrial Conference will be converted to a change of plea. E. Motions for Continuance Any motions for a change of the trial date shall be in writing, shall be made at least one week prior to the scheduled trial date, and shall set forth those factors listed in Title 18, U.S.C. § 3161(h)(8)(B) which the movant contends support the motion. II. CRIMINAL ORDER OF PROCEDURE The following procedures are designed to deal with your case promptly and efficiently, without impeding your ability to present your case fully and fairly. IT IS ORDERED: A. Counsel Tables The parties will occupy the counsel table designated by the Court’s Courtroom Deputy before the opening of the first session of trial. B. Court Sessions Under ordinary circumstances, trials of no more than two weeks duration will be held Monday through Friday. Trial hours are generally 9:30 a.m. to 12:30 and 2:00 p.m. to 5:00 p.m. with a 15- minute break in the morning and the afternoon. The parties and all counsel shall be present at counsel tables at all sessions before the jury is brought into the courtroom, and will remain at counsel tables until after the jury leaves the courtroom at the end of all sessions. The parties and counsel will stand upon the entrance and exit of the jury. Counsel and the parties shall be present in the courtroom one half (½) hour before Court convenes every day (generally 9:30 a.m.). The purpose of this requirement is to resolve any problems that may arise during the course of this trial. If counsel need to bring anything to the Court’s attention, they should contact the 2 Court’s Courtroom Deputy or Law Clerk before 8:30 a.m. so that the Court can resolve the matter before the jury is brought into the courtroom. Counsel should also be readily available for conferences during recesses. Please keep the Courtroom Deputy informed as to where you may be located in case the Court needs to find you quickly. C. Addresses by Counsel Counsel will address the Court and the jury in the following manner: 1. Voir dire examination, opening statements and closing arguments will be made from the lectern facing the jury. 2.Counsel should address the Court either from the lectern facing the Court or by standing at counsel table. 3. Counsel will stand when addressing the Court for any reason. D. Decorum Counsel shall address the Court as “Judge” or “Your Honor”. Colloquy, or argument between counsel, is not permitted. All remarks should be addressed to the Court. Counsel should maintain a professional and dignified atmosphere throughout the trial. Appearances, mannerisms or habits that are designed to arouse the sympathy or prejudice of the jury are an impediment to an impartial trial and will not be permitted. During a trial, counsel should not exhibit familiarity with witnesses, jurors or opposing counsel and should not address anyone by first name. During opening statements and final arguments, all persons at counsel tables should remain seated and be respectful so as to not divert the attention of the Court or the jury. Do not ask the court reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. E. Voir Dire Examination The whole panel of prospective jurors (i.e., those in the jury box and seated in the back of the courtroom) will be examined in one continuous examination. 3 Counsel will be provided with a list of the prospective jurors prior to the commencement of trial. Counsel can contact the Jury Commissioner, Kendra Jordan, three days before trial at 513-564-7511 to obtain the juror questionnaire forms. Each prospective juror will be assigned a number by the Clerk's office. Counsel will receive a listing of the jurors' names and numbers prior to jury selection. Additionally, each prospective juror will be assigned a seat number and given a corresponding index card. During jury selection, Counsel shall refer to prospective jurors by that seat number and not by name. The Court will conduct a preliminary voir dire examination tailored to the issues in the case and counsel may supplement the Court’s examination. F. Challenges for Cause Challenges for cause and peremptory challenges will be exercised outside the presence of the jury (either in a conference room or at sidebar). First the Court will consider challenges for cause and when that is completed, the Court will consider peremptory challenges. G. Peremptory Challenges Peremptory challenges will be exercised as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. United States exercises its first challenge Defendant exercises his first and second challenges United States exercises its second challenge Defendant exercises his third and fourth challenges United States exercises its third challenge Defendant exercises his fifth and sixth challenges United States exercises its fourth challenge Defendant exercises its seventh and eighth challenges United States exercises its fifth challenge Defendant exercises his ninth challenge United States exercises its sixth challenge Defendant exercises his tenth challenge If either party "passes," (i.e., forgoes to exercise a challenge in the order prescribed), that party has thereby "used" one challenge. Subject to consultation with counsel, the waiver of all challenges on a particular round may conclude the challenges. 4 After the regular 12 jurors have been selected, the peremptory challenges as to the alternate juror(s) will then be exercised in the same manner. H. Jury Instructions Counsel should submit proposed, substantive jury instructions, which indicate the filing party, the supporting authority and shall be numbered. The proposed instructions shall be filed with the Clerk's office at least five (5) business days before the scheduled trial date. Counsel are also required to submit a copy of their instructions by email to [email protected] formatted in WordPerfect. Supplemental requests for instructions during the course of the trial or at the conclusion of the evidence will be granted solely as to those matters that cannot be reasonably anticipated at the time of presentation of the initial set of instructions. Copies also should be served upon opposing counsel. I. Examination of Witnesses Counsel will generally conduct their examination of witnesses from the lectern. In advance of trial, counsel will instruct their witnesses to answer questions with courtesy. Evasive answers, answering a question with a question, or disrespect to opposing counsel will not be permitted. Counsel are expected to extend equal courtesy to all witnesses. Counsel will wait until the witness has finished answering before asking the next question. Multiple questions and repetitious questions will not be permitted. Counsel may not, by any action, inflection or expression, indicate disbelief of any answer. Counsel should admonish their clients and witnesses to refrain from such conduct. Counsel should not shout at, ridicule or otherwise abuse any witness. When a party has more than one attorney, only one attorney may conduct the direct or cross-examination of a given witness. Counsel may not approach a witness without first asking the Court's permission. When permission is granted for the purpose of working with an exhibit, counsel should return to the lectern when finished with the exhibit. In most cases, the courtroom deputy will place exhibits before the witness. Counsel should inform the Court when he or she has completed the examination of a witness, so the Court can advise opposing counsel to proceed. 5 During examination of a witness, counsel first must ask the Court for permission to confer with co-counsel. J. Objections Counsel will stand when making an objection and will make objections directly and only to the Court. When objecting, state only that you are objecting and if requested by the Court, state the grounds. Objections may not be used for the purpose of making speeches, repeating testimony, or attempting to guide a witness or to influence the jury. Argument upon an objection will not be heard unless permission is given or argument is requested by the Court. Either counsel may request a bench conference. K. Exhibits Each party intending to offer exhibits will mark the exhibits prior to the commencement of the trial. Exhibit labels may be obtained from the Clerk of Courts, in advance of trial. The United States shall identify their exhibits as “PX#,” and the defendant shall identify their exhibits as “DX#.” Counsel must use Arabic numbers. Counsel should provide the original and two copies of exhibits to Chambers, and one copy to opposing counsel, three (3) business days prior to the commencement of trial. The two copies of exhibits to the Court should be three hole punched and placed in notebooks, along with a copy of the exhibit lists. Exhibit lists should be on the form attached to the Criminal Preliminary Pretrial Order. Counsel may not approach a witness to tender an exhibit. Rather, the courtroom deputy will place each exhibit before each witness. In formulating a question to a witness, counsel should specify the exhibit number or designation involved, so the record will be clear. Exhibits which are introduced for the first time during trial, as in the case of exhibits used for impeachment, should be tendered to the courtroom deputy for marking and then displayed to opposing counsel. Copies must be provided to opposing counsel, the Court and the Court's Law lerk. 6 L. Witness Lists The United States will submit to the Court's Chambers a copy of their witness list three (3) business days before the commencement of trial. Defendant may submit a copy of their witness list three (3) business days before the commencement of trial. Witness lists are not pleadings and should not be filed with the Clerk of Courts or served on opposing counsel. M. Trial Briefs The parties may file trial briefs at any time before trial. Counsel also shall serve their trial briefs on opposing counsel. Each trial brief should include a statement of facts. Counsel also should identify difficult evidentiary matters that might arise and argue the subject, complete with case law. N.Stipulations Stipulations must be signed by both counsel and the defendant. Stipulations shall be submitted to the Court at any time before or during the trial. O. Deadlines Parties are reminded that all deadlines set forth in this Order and in any other Order issued by this Court are firm deadlines. The parties SHALL file or submit to the Court's chambers (as required) all required documents by the dates set forth in these orders unless prior approval of the Court for filing on a later date has been obtained from the Court. The Court can and will impose sanctions, including monetary sanctions, for failure to meet these deadlines. P. Summary of Deadlines1 Jury Instructions Five business days before commencement of trial Witness lists Three business days before commencement of trial Exhibits and Exhibit lists Three business days before commencement of trial Stipulations any time before or during trial 1Counsel should refer to this Order to determine whether the above items must be filed with the Clerk's office and served on opposing counsel or should be submitted to the Court's Chambers only. 7