Standing Order Governing Civil Cases; Criminal Preliminary Pretrial Order; Standing Order Governing Criminal Cases; Standing Order Governing the Use of Generative AI

=== Standing Order Governing Civil Cases ===

STANDING ORDER GOVERNING CIVIL CASES Hon. Jeffery P. Hopkins United States District Judge Southern District of Ohio Western Division Potter Stewart U.S. Courthouse Room 810 100 East Fifth Street Cincinnati, OH 45202 (513) 564-7540 [email protected] Courtroom Deputy: Karli Colyer I. General A. Pro Se Litigants The term “counsel,” as it is used in this order, includes any self-represented (or “pro se”) party as well as any attorney designated or authorized to appear in this action. B. Deadlines Deadlines set forth in this Order and in any other order issued by this Court are firm deadlines. The parties are expected to meet all deadlines imposed by the Court, unless prior Court approval for an extension has been obtained. Counsel are expected to be professional and courteous towards one another and should, when appropriate, agree to reasonable requests for additional time. See also S.D. Ohio Civ. R. 7.3(a). II. Pretrial Procedures A. Discovery Conference, Discovery Plan, and Initial Disclosures1 1. Discovery Conference As soon as all counsel are identified, but in any event no later than receipt of notice of the Preliminary Pretrial Conference, all counsel shall agree on a date for the discovery conference required by Fed. R. Civ. P. 26(f). 2. Discovery Plan Following the discovery conference, but not less than seven days before the Preliminary Pretrial Conference, the parties shall file the preliminary discovery plan required by Fed. R. Civ. P. 26(f)(3). They shall use the required Rule 26(f) Report of Parties form on the Court’s website under Judge Hopkins’ Standing Orders. 3. Initial Disclosures Unless otherwise agreed in the discovery plan, the parties shall make the disclosures required by Fed. R. Civ. P. 26(a)(1) within fourteen days after the discovery conference. 1 See Fed. R. Civ. P. 26(a)(1)(B) for a list of which proceedings are exempt from the requirements for a discovery conference, discovery plan, and initial disclosures. 2 B. Preliminary Pretrial Conference The Court will generally schedule a Preliminary Pretrial Conference to occur within 45 days after all defendants have filed an answer to the complaint or the Court has ruled on all motions directed at the pleadings. Generally, this conference will be conducted telephonically, unless otherwise stated in the pretrial notice. Counsel shall be prepared to address the following matters, as applicable to their case: (1) the essential facts and legal claims at issue from each party’s perspective; (2) the status of settlement negotiations and possibility of alternative dispute resolution; (3) what will be involved in discovery and how much time will be required for it; (4) whether the parties anticipate a protective order and/or sealing documents; (5) whether there be expert witnesses, and if so, what deadlines should be established for their disclosure; (6) any pending or expected motions, including deadlines, briefing schedules, and whether there should be a hearing on any such motions; and (7) how long trial is expected to take and date(s) for trial. Following the Preliminary Pretrial Conference, the Court will issue a scheduling order establishing the deadlines, status conference(s), and trial date(s) discussed during the conference. C. Status Conferences The parties may, at any time, request a status conference. As a general matter, such conferences shall be conducted telephonically. Any party wishing to address an issue at the status conference shall provide to the Court and the opposing party, no later than three days before the conference, a summary of each issue the party intends to raise. D. Attorneys Not Admitted in the Southern District Attorneys admitted to practice before the highest court of any state or the District of Columbia may move to be admitted in the Southern District of Ohio for purposes of appearance in a specific case. Counsel should review S.D. Ohio Civ. R. 83.3(e)–(h) for more information on pro hac vice requirements. Any order granting admission pro hac vice is conditioned upon the attorney’s registration and participation in the Court’s electronic filing system. 3 E. Discovery 1. Steps Before Filing Discovery Motions In accordance with S.D. Ohio Civ. R. 37.1, parties shall not file discovery motions (such as motions to compel or motions for protective order regarding discovery disputes) unless and until they have first exhausted all extrajudicial means for resolving their dispute. This Court defines “extrajudicial means” as requiring counsel to try to resolve the matter both in writing and over the phone (or in person). If the parties are unable to resolve the dispute between themselves, then they must contact the Court’s Courtroom Deputy, Karli Colyer, by phone 513) 564-7540) or email (Hopkins [email protected]), and the Court will schedule a telephone conference with all counsel as soon as possible. 2. Deadlines In general, 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 30 days, the discovery request must be made at least 30 days before the discovery deadline. The parties, 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 dispositive motion deadline or trial setting will be vacated as a result of information acquired during discovery continued by agreement of the parties. 3. Protective Orders If the parties jointly seek Court approval of a protective order, no motion need be filed. Instead, they must email a copy of the proposed order to chambers at Hopkins [email protected]. The parties should be familiar with Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), its progeny, and the Court’s procedure for sealing documents. F. Motions 1. Hearings Other than motions for summary judgment (which are addressed below), or motions on 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. 4 7.2, unless otherwise ordered. A party can request oral argument—by stating “ORAL ARGUMENT REQUESTED” on either its motion or opposition— and the Court will use its discretion in setting a hearing. 2. Courtesy Copies Counsel shall submit to Chambers a hard copy of any dispositive motions, oppositions, and replies thereto. Each party shall be responsible for submitting its own filing(s). All copies submitted to the Court must include the CM/ECF electronic heading with the document number and the PageID number. These submissions must contain all related attachments, each with the CM/ECF electronic heading. 3. Citations When possible, the Court prefers the use of Westlaw citations for unreported decisions. Any decision cited that is not available on Westlaw or Lexis must be either attached to the motion or brief or filed as a separate support document. 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. 4. Page Limitations and Formatting Briefs and/or memoranda in support should not exceed 20 pages. If more than 20 pages are required to brief the issues adequately, no motion is required, but the parties must comply with the requirements set forth in S.D. Ohio Civ. R. 7.2(a)(3). In addition to the formatting requirements found in S.D. Ohio Civ. R. 5.1, all briefs and memoranda shall comport with the following: (1) main body of text a minimum of 12-point font in a proportionally spaced font (e.g., Times New Roman, Calisto MT, or Century Schoolbook); (2) footnote text in at least 10-point font in the same typeface as the main body of text; and (3) citations in the main body of text and not in the footnotes. 5. Dispositive Motions Filed Against Pro Se Litigants Any represented party filing a dispositive motion against a self-represented (pro se) party shall file and serve, in a separate document, a notice that substantially complies with the form attached as Appendix A to this Order. The movant shall attach to the notice a copy of this Order. When the motion is one for summary judgment, the movant shall also attach a copy of Fed. R. Civ. P. 56. 5 6. Motions for Summary Judgment a. Limitations on Filing Motions for summary judgment shall not be filed before the close of discovery without leave of Court. b. Proposed Undisputed Facts and Response To the initial brief in support of a motion for summary judgment, the movant must attach a document entitled “Proposed Undisputed Facts” that sets forth, in separately numbered paragraphs, a concise statement of each material fact as to which the movant contends there is no genuine issue to be tried. Each Proposed Undisputed Fact must be supported by a citation(s) to: (1) the affidavit or declaration of a witness competent to testify as to the facts at trial; (2) a deposition; and/or (3) other evidence, including documentary evidence, that would be admissible at trial. To every brief in opposition to a motion for summary judgment, the opponent must attach a document entitled “Response to Proposed Undisputed Facts” that states, in separately numbered paragraphs corresponding to the paragraphs contained in the movant’s Proposed Undisputed Facts, whether each of the facts asserted by the moving party is admitted or denied. If denied, the denial must be supported with a citation(s) to contrary evidence that would be admissible at trial. The response must also include, in a separate section entitled “Proposed Disputed Issues of Material Fact,” a list of each issue of material fact the opponent contends must be tried, supported with citations to evidence that would be admissible at trial. c. Exhibits, Depositions, and Citations to the Record All citations to the record within a dispositive motion and related briefing should be in the form of CM/ECF document number and PageID numbers. The filer may also include a shorthand title (e.g., “Jones Dep., Doc. 39 at PageID 172”). Because these are generated only after a document is filed on CM/ECF, depositions, deposition exhibits, and other exhibits to dispositive motions should be filed prior to the filing of a motion in which the depositions and exhibits will be cited as evidence. If such documents have already been filed in the case, there is no need to file an additional copy. 6 7. Motions to Seal Parties wishing to file documents under seal must first seek leave of Court to do so. Parties should evaluate their exhibits prior to motion deadlines and communicate with opposing counsel if, pursuant to a protective order, for example, the other side’s documents may need to be filed under seal. Parties must be sure that any request to seal a document complies with Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), and its progeny. A motion for leave to file a document under seal must set forth the particularized reasons such document should be sealed. The Court may require the movant to provide a hard copy of the document to Chambers for in-camera review. A proposed order granting the motion should be emailed to chambers at Hopkins [email protected]. If the motion for leave to file a document under seal is granted, the party should verify with the Court the filing procedure to be used. Typically, the Court follows the following procedure: If the sealed document is being filed in support of a dispositive motion, the entire set of exhibits, including any unsealed documents, should be filed under seal. A second complete set of redacted documents should be filed with all attachments. G. Final Pretrial Conference Approximately 30 days prior to the trial date, the Court will hold a Final Pretrial Conference. Prior to the Final Pretrial Conference, each party will assemble all exhibits to be used at trial and make available to opposing counsel either the original exhibits or copies thereof. At least seven days before the Final Pretrial Conference, counsel shall email to Hopkins [email protected] the following documents: 1. A jointly prepared Final Pretrial Order in the form available on the Court’s website under Judge Hopkins’ Standing Orders. 2. A brief joint statement of facts to be read to the Jury in the Final Pretrial Order. All trial counsel must be present at the Final Pretrial Conference. Attorneys must bring the party, principal, or agent with full settlement authority to the Final Pretrial Conference. In the event that the parties agree to submit the entire case on cross motions for summary judgment, the Final Pretrial Conference and trial dates may be vacated. 7 III. Trial Procedures The following procedures are designed to deal with your case promptly and efficiently, without impeding your ability to present your case fully and fairly. Unless otherwise specified, all civil proceedings shall take place in Courtroom 2 (Room 822) of the Potter Stewart United States Courthouse. A. Counsel Tables The parties will occupy the counsel table assigned before the first session of trial. B. Court Sessions Under ordinary circumstances, trials will be held Monday through Thursday. Fridays will usually be reserved for other Court proceedings, such as final pretrials, temporary restraining orders or preliminary injunctions, arraignments, and sentencings. Trial hours are generally 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 5:00 p.m., with one 15-minute break in both the morning and the afternoon. The parties and all counsel shall be present at counsel tables during all sessions before the jury is brought into the courtroom and 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 30 minutes before the Court convenes trial every morning (for example, at 8:30 a.m. if the Court convenes trial at 9:00 a.m.). The Court will use this time to resolve any issues that may arise during trial. If the parties 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 your whereabouts in case the Court needs to find you quickly. C. Courtroom Equipment Courtroom 2 (Room 822) is a historic courtroom that currently has limited access to certain audiovisual display equipment. Counsel intending to make an audio, video, or other presentation involving technology at trial should be prepared to discuss those needs during the Final Pretrial Conference. Counsel should be on notice that the trial may be assigned to a different courtroom with modern audiovisual capability. For 8 hearings other than trial, counsel shall contact the Courtroom Deputy with any audiovisual requests at least three days before the scheduled hearing. D. Addresses by Counsel Counsel shall address the Court and the jury in the following manner: • During voir dire examination, opening statements and closing arguments, counsel shall stand at the lectern facing the jury. • Counsel may address the Court either from the lectern facing the Court or by standing at counsel table. • Counsel must stand when addressing the Court for any reason. E. 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 at all times maintain proper courtroom decorum and remain professional, courteous, and dignified 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 not to divert the attention of the Court or the jury. Counsel may not ask the court reporter to mark testimony. All requests for the rereading of questions or answers shall be addressed to the Court. F. Voir Dire Examination The entire panel of prospective jurors (i.e., those in the jury box and those seated in the back 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. Background information for prospective jurors is contained in juror questionnaire forms which are on file in the Clerk’s Office. Counsel may contact 9 the Jury Commissioner three days before trial at (513) 564-7522 to obtain the juror questionnaire forms. In most cases, eight jurors will be seated in the jury box and all will deliberate. Under Fed. R. Civ. P. 48, unless the parties stipulate otherwise, the verdict shall be unanimous and by a jury of at least six members. The Court generally will assign four peremptory challenges to each side. The Court will conduct a preliminary voir dire examination (see Appendix B). Counsel may supplement the Court’s examination, but they may not repeat in some other form the same question the Court has already put to the panel. Counsel must address their questions to the whole panel. Counsel may not question an individual juror unless the answer of a specific juror justifies further inquiry. Counsel may, however, inquire regarding any omission in a juror’s answer to the juror questionnaire or, after obtaining the Court’s permission, regarding any inquiry justifiably elicited by information contained in the juror questionnaire. G. Challenges for Cause & Peremptory Challenges Challenges for cause and peremptory challenges will be heard outside the presence of the jury (either in a conference room or at sidebar). The Court will first consider challenges for cause. The parties will exercise their peremptory challenges alternately with the plaintiff exercising the first challenge. If either party “passes” (i.e., forgoes to exercise a challenge when it is that party’s turn to do so), that party thereby “uses” one challenge. 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 Courtroom Deputy will announce the composition of the jury, which shall be the first eight remaining on the list. H. Jury Instructions & Verdict Form At least seven days before the Final Pretrial Conference, the parties shall (1) file proposed jury instructions, juror interrogatories, and verdict forms and (2) email copies (in Word format) to the Court at Hopkins [email protected]. Supplemental requests for instructions during 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. The parties are strongly encouraged to submit agreed instructions, which may be filed at any time. 10 Whether agreed or not agreed, each instruction should be on a separate page identified as “[Plaintiff’s/Defendant’s/Joint] Requested Instruction No. _” and include citations of authority (including a pincite) in footnotes at the bottom of each instruction. Counsel must submit an index of their proposed instructions. In diversity and other cases where Ohio law governs, use of Ohio Jury Instructions (“OJI”) as to all issues of substantive law is generally preferred. Counsel shall ensure that substantive instruction from OJI comports with current Ohio law. To the extent that the case is governed by state law other than Ohio law, parties may use an analogous state law treatise and provide the Court with copies of the relevant portions. For matters governed by federal law, counsel should use: (1) Supreme Court case law; (2) Sixth Circuit case law; (3) Federal Jury Practice & Instruction by O’Malley, Grenig & Lee; or (4) pattern jury instructions published by a federal court. Counsel must make substantive instructions on federal questions conform to Sixth Circuit case law. instructions/interrogatories/verdict The Court will set a deadline, approximately 14–21 days before trial, for objections to proposed the Final Pretrial Conference. All objections shall include citation to authority (including the page number for the specific legal proposition for which you are citing the case). Failure to assert any foreseeable objection at this time may constitute waiver of that objection. forms during I. Examination of Witnesses When a party has more than one attorney, only one attorney may conduct the direct or cross-examination of a given witness. Counsel shall conduct their examination from the lectern and shall not approach a witness without first asking leave of the Court. If permission to approach a witness is granted for the purpose of working with an exhibit, counsel should resume the examination from the lectern when finished with the exhibit. Generally, the Courtroom Deputy will place exhibits before the witness. The parties shall be aware of the judiciary’s privacy policy, which restricts publication of certain personally identifiable information (“PII”)—for example, Social Security and financial account numbers, names of minor children, and dates of birth—in public court documents. If such information is elicited during court proceedings, it will become publicly available upon the filing of the transcript unless and until it is redacted. Counsel should avoid introducing PII into the record in the first place by taking this into account when questioning witnesses or making other statements in court. Please review the Court’s policy on electronic availability of transcripts for information on requesting redactions of PII inadvertently entered into the record, available on the Court’s website under Forms > Electronic Availability of Transcripts. 11 J. Objections Counsel shall 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 sidebar conference. K. Exhibits Counsel are required to list all exhibits in the Final Pretrial Order. The Court will not permit the introduction of any exhibit not listed in the Final Pretrial Order, unless a party shows good cause for its introduction or it is to be used solely for impeachment. Exhibit lists must be in the form set forth in the example attached to the Final Pretrial Order form. All exhibits will be assembled, marked, and placed in 3-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). All exhibits shall be identified with Arabic numbers. Plaintiff’s exhibits shall be marked as PX-#, Defendant’s exhibits shall be marked as DX-#, and joint exhibits shall be marked as JX-#. Joint exhibits are strongly encouraged. If the parties have not submitted joint exhibits, then they must jointly prepare a cross-referenced index of plaintiff’s and defendant’s exhibits that are the same. This index is due seven days before trial. Counsel for each party will deposit an original and two (2) copies of complete sets of their exhibits and all joint exhibits with the Court’s Courtroom Deputy, not later than the close of business three days prior to trial. In certain cases, the Court may also request a copy of exhibits in electronic form, also with an index. Counsel also shall provide a complete set of exhibits to opposing counsel. If any demonstrative evidence (sketches, models, diagrams, etc.) will be used during trial or in argument, they must be exhibited to opposing counsel not later than one business day before trial. Demonstrative evidence prepared solely for the purpose of 12 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. 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 before examination or display. The admissibility of all exhibits referred to during trial and offered by the parties will be ruled upon at the time that they are identified. Either side may offer any marked exhibit regardless of which party marked it. Counsel are not required to object to any exhibit at the Final Pretrial Conference. Before trial, however, counsel must confer regarding their proposed exhibits, reach an agreement regarding which exhibits are admissible, and attempt to resolve their objections to all other exhibits. Counsel shall submit a list no later than three days prior to trial of exhibits on which there is an agreement on admissibility. A visualizer is available in the courtroom to project documents. If you are not familiar with how to operate the visualizer, please contact the Courtroom Deputy to schedule a tutorial at least three business days before trial. Placing a document on the visualizer publishes it to the jury. Accordingly, counsel should not place any document on the visualizer unless (a) it has been admitted into evidence, or (b) the Court has granted permission and the parties have agreed that it may be published. If counsel takes an exhibit from the Courtroom Deputy, that counsel is responsible for safekeeping the exhibit and returning it to the Courtroom Deputy at the end of the trial session. In formulating a question regarding an exhibit, counsel must specify the exhibit number or designation so that the record will be clear. Exhibits that are produced for the first time at trial, as in the case of exhibits used for impeachment, must be tendered to the Courtroom Deputy for marking and then copies provided to opposing counsel, the Court and the Court’s law clerk. The use of visual aids is highly encouraged and recommended by the Court. L. Depositions Deposition transcripts must be filed electronically if a party reasonably anticipates use of such transcripts at trial. See S.D. Ohio Civ. R. 5.4(b). Counsel must submit to each other their deposition designations at least 14 days before trial. Counsel will confer and attempt to resolve objections by agreement. If any objections remain, counsel must jointly prepare a list of objections identifying the page number and line(s) of the deposition where the objection will be found and state in one sentence the grounds for the objection. The jointly prepared deposition designations and list of objections (including the grounds for the objections) must be filed with the Court no later than seven days before trial. 13 This procedure applies to both written and video recorded depositions. Visually recorded depositions that contain objections must be accompanied by a full or, if agreed, partial transcript. Counsel are responsible for editing any video recorded testimony consistent with the Court’s ruling on any objections. M. Trial Briefs Trial briefs are optional unless otherwise ordered. If you decide to file a trial brief, it may be filed any time before trial. All briefs must 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 trial briefs to identify and explain the legal authorities (e.g., procedural or evidentiary rules, statutes and caselaw) upon which they will rely at trial. Briefs therefore should contain arguments, with citations to legal authority, in support of any evidentiary or other legal question that counsel reasonably anticipates arising at trial. N. Proposed Findings of Fact and Conclusions of Law In a trial to the Court, the parties shall file Proposed Findings of Fact and Conclusions of Law that the parties believe are necessary to be made to support a favorable judgment. These shall be filed 14 days before trial. O. Motions in Limine Except as set forth below and unless otherwise ordered by the Court, motions in limine must be filed and served no later than 21 days before trial. Responses to the motion(s) must be filed seven days thereafter. Any motion in limine addressed to the admissibility of expert testimony under Daubert, if not included in a previously filed motion for summary judgment, must be filed at least 42 days before the Final Pretrial Conference. Responses to such motions must be filed seven days thereafter. No replies are permitted without leave of Court. In all cases, trial motions and motions in limine are to be exchanged with opposing counsel by hand delivery or email. P. No Motions During Trial The Court does not permit motions to be filed during trial. The parties first must attempt to resolve any issue that arises during trial among themselves. If that effort is not successful, counsel must alert the Court and be prepared to orally present their respective arguments. The Court will hear argument on the issue before or after the conclusion of testimony that day. 14 Q. Stipulations Stipulations submitted to the Court must be titled “Stipulations” and signed by all counsel and all self-represented (or pro se) parties. Stipulations may be filed at any time before or during trial. R. Summary Of Deadlines Daubert Motions Final Pretrial Order Jury Instructions, Juror Interrogatories, and Verdict Forms Objections to Proposed Jury Instructions, Juror Interrogatories, and Verdict Forms Proposed Findings of Fact and Conclusions of Law (bench trials only) Motions in Limine (non-Daubert) Deposition Designations (exchange) Deposition Designations and List of Objections (file) Cross-Reference Index of Overlapping Exhibits Audiovisual Requests Exhibit Binders 42 days before Final Pretrial Conference (responses due 7 days after filing) 7 days before Final Pretrial Conference 7 days before Final Pretrial Conference 14–21 days before trial (set at Final Pretrial Conference) 14 days before trial 21 days before trial (responses due 7 days after filing) 14 days before trial 7 days before trial 7 days before trial 3 days before trial 3 days before trial IT IS SO ORDERED. Dated: May 1, 2023 Hon. Jeffery P. Hopkins United States District Judge 15 APPENDIX A Sample Notice to Pro Se Litigant Regarding Dispositive Motion UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION PLAINTIFF, Plaintiff(s), v. DEFENDANT, Defendant(s). : : : : : : : : : NOTICE Case No. 1: Judge Jeffery P. Hopkins The purpose of this notice is to advise you that [plaintiff/defendant/party name] has filed a motion [for summary judgment/to dismiss/etc.] asking the Court to dismiss all or some of your claims without a trial. [Plaintiff/defendant] argues that [there is no need for a trial with regard to these claims because no reasonable jury could return a verdict in your favor/there is no need to proceed with these claims because they are subject to dismissal for the reasons stated in the motion/etc.]. PLEASE TAKE NOTICE that [plaintiff/defendant]’s motion may be granted, and your claims may be dismissed without further notice if you do not oppose the motion by filing an opposition brief [that complies with Rule 56 of the Federal Rules of Civil Procedure/as required by Rule 12 of the Federal Rules of Civil Procedure/etc.]. Copies of the Court’s Standing Order on Civil Procedure and relevant rules are attached to this notice. You should read them carefully. You must file your opposition brief with the Clerk of the Court and serve a copy to [plaintiff’s/defendant’s] counsel WITHIN 21 DAYS of the date of service of the motion: Office of the Clerk Potter Stewart U.S. Courthouse 100 East Fifth Street, Room 103 Cincinnati, Ohio 45202 [Attorney Name Law Firm Address] If you require additional time to respond to the motion to dismiss, you must file a motion for extension of time, providing the Court with good reasons for the extension and with the amount of additional time you require. APPENDIX B Voir Dire Questions by Court in Civil Jury Trial The Court will first conduct a comprehensive examination of the jury panel. After the Court has finished its examination of the jury panel, counsel may elect to supplement the Court’s examination with questions that do not repeat in substance any question already put to the panel by the Court. The Court’s examination will include questions such as the following: A. Knowledge of the Parties, Counsel, and Witnesses 1. 2. 3. 4. The Plaintiff(s) is/are seated at counsel table. _______, will you please stand? Are any of you or is any member of your immediate family personally acquainted with the Plaintiff(s), related to him/her/them by blood or marriage, or do any of you or does any member of your immediate family have any connection of any kind with the Plaintiff(s)? The Plaintiff(s) is/are represented by _______, who is/are seated at counsel table. _______, will you please stand? _______ is/are with the law firm of _______. Are any of you or is any member of your immediate family personally acquainted with _______, or any of the other attorneys from his/her/their law firm, _______? Are any of you related to them by blood or marriage, or do any of you or does any member of your immediate family have any connection of any kind with them? The Defendant(s) is/are seated at counsel table. _______, will you please stand? Are any of you or is any member of your immediate family personally acquainted with the Defendant(s), related to him/her/them by blood or marriage, or do any of you or does any member of your immediate family have any connection of any kind with the Defendant(s)? The Defendant(s) is/are represented by _______, who is/are seated at counsel table. _______, will you please stand? _______ is/are with the law firm of _______. Are any of you or is any member of your immediate family personally acquainted with _______, or any of the other attorneys from his/her/their law firm, _______? Are any of you related to them by blood or marriage, or do any of you or does any member of your immediate family have any connection of any kind with them? 5. I am going to read a list of witnesses who may be called during this trial. Please respond if you know any of these persons: The Plaintiff(s) may call the following persons as witnesses: [list witnesses from Final Pretrial Order, including expert witnesses] The Defendant(s) may call the following persons as witnesses: [list witnesses from Final Pretrial Order, including expert witnesses] Is any panel member related by family or marriage to any of the individuals that I have just named? Are you personally acquainted with these persons, or do you have any knowledge of them, directly or indirectly, through your social, business, or professional lives? B. Knowledge of the Case 6. Have any of you read or heard anything about this case from any source (and I am not indicating from this question that there has been any publicity concerning it)? C. Previous Jury Duty 7. Have any of you served as jurors in either criminal or civil cases, or as members of a grand jury, either in the state or federal courts? a. Civil b. Criminal c. Grand Jury Would your prior experience have any effect or influence on your ability to serve as a fair and impartial juror in this case? D. Business Dealing with the Parties 8. Have you or has any member of your immediate family had business dealings with the Plaintiff(s) or the Defendant(s)? E. Previous Litigation of Prospective Jurors 9. Have any of you or has any member of your immediate family ever participated in a lawsuit of any kind, as a party or in any other capacity? F. Ability to Sit as Fair and Impartial Jurors 10. Does any panel member have any feeling, thought, inclination, premonition, prejudice, bias, or religious belief or persuasion that might influence or interfere with your full and impartial consideration and that might influence you either in favor of or against either the Plaintiff(s) or the Defendant(s)? 11. You must understand that it is most important for you to keep open minds until you have heard all the evidence and received the Court’s instruction concerning the law. Is there anyone here who would not be able to keep an open mind until all of the evidence is produced and the Court’s instructions are received? 12. Will you take the law as the Court instructs you, without any reservation whatsoever, and apply the facts to the Court’s instructions on the law? If you cannot do this, please hold up your hand. 13. Do you recognize and accept the proposition that jurors are the sole judge of the facts and the Court is the sole judge of the law? If you do not recognize this or cannot accept this, please hold up your hand. 14. Is there anyone here who would not be able or willing to render a verdict solely on the evidence presented at the trial and the law as I give it to you in my instructions, disregarding any other ideas, notions, or beliefs about the law that you may have? E. Personal Inconvenience 15. Does any person here have any medical disability or problem—such as difficulty in seeing or hearing—or any illness that might cause a problem in serving as a juror in this case? 16. 17. This trial may last _______. The exact period of time is impossible, of course, to know today. Do any of you have any immediate personal or family situation that would limit your ability to serve as a juror in this case for the full duration of trial? Finally, can any of you think of any matter that you should call to the Court’s attention that may have some bearing on your qualifications as a juror, or that —even to the slightest degree—may prevent you from rendering a fair and impartial verdict based solely upon the evidence and my instructions as to the law?

=== Criminal Preliminary Pretrial Order ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION UNITED STAES OF AMERICA, Plaintiff, v. [DEFENDANT NAME], Defendant. : : : : : : : : : Case No. 1:[__]-cr-[___] Judge Jeffery P. Hopkins 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 described below. The parties must also comply with the Standing Order Governing Criminal Cases (available at https://www.ohsd.uscourts.gov/JHopkins). 1. Conference of Parties Unless discovery has already commenced, within ten 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 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 2 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 the Government attorney determines that it would be detrimental to the interests of justice to make any disclosure set forth in Section 1 of this Order that is requested by defense counsel, the Government may decline disclosure. The Government must promptly inform defense counsel of any such declination in writing. A defendant may challenge a declination to provide certain disclosures by moving the Court for relief in the following manner: a. The defendant shall file a motion for discovery or inspection no later than seven days from the date of the Government’s written notification of the declination. b. The motion shall set forth: (1) the statement that the prescribed conference was held, (3) 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. Time to Comply The time required to comply with the procedures set forth in this Order and the Court’s Standing Order Regarding Procedures in Criminal Cases is necessary for the Court and the parties to prepare the case for trial. Any delay resulting from such compliance is therefore necessary to affect a fair trial to the parties. As the need to conduct a fair trial outweighs the right of the public and the parties to a speedy trial, the time to complete these procedures is excludable time under 18 U.S.C. § 3161, et seq. 3 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 Rule 16(b) or Rule 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 [MONTH DAY, YEAR]. All briefs opposing said motions shall be filed no later than one week after motions are filed. No reply briefs are permitted without leave of the Court. The moving party shall state in the motion whether an evidentiary hearing is requested and shall provide the reasons supporting this request. If the Court determines that a hearing is required, it will contact the parties with a proposed date and time for the hearing. Before filing any motion relating to bail or detention or any motion for a continuance of any conference, hearing, deadline, or other date scheduled by the Court, the movant’s counsel must consult with the attorney(s) for the opposing side and inquire if the party consents to or intends to oppose the motion. The movant must state in its motion that such consultation occurred or was attempted in good faith and must state whether the motion is unopposed. Any motion to continue the trial date shall be made in writing at least one week before the trial is scheduled to begin. The motion must address the factors listed in 18 U.S.C. § 3161(h) that movant contends support a continuance of the trial date. 7. Final Pretrial Conference: Six weeks after arraignment, in Room 810. 4 The defendant is not required to attend. If the defendant wishes to change his plea, however, the final pretrial conference generally 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 or Clerk of Courts in advance of trial. The government must label its exhibits with Arabic numbers preceded by “GOV”, and the defendant shall identify the defendant’s exhibits with Arabic numbers preceded by “D” (or “D2”, etc.). b. Counsel must provide the original and two copies of exhibits to Chambers, and one copy to opposing counsel, at least one week before 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. 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 defendant discloses scientific analysis contained within a proposed exhibit to opposing counsel, and that analysis was completed by an expert in the relevant scientific field, the results of the analysis and the expert’s opinion will be deemed admitted unless opposing counsel files a notice of objections no later than 14 days before trial. 5 10. Refreshing Memory Whenever counsel provides a witness with a document to refresh the witness’s memory for the purpose of testifying at trial, opposing counsel is permitted 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 The Court will use the Pattern Jury Instructions published by the United States Court of Appeals for the Sixth Circuit (available at https://www.ca6.uscourts.gov/pattern-jury- instructions), unless the Pattern Jury Instructions do not supply a relevant instruction on the subject matter or a party objects to a specific pattern jury instruction. In the case of an objection, the Court will consider the argument and authorities submitted by the objecting party and provide the other parties an opportunity to join or respond to the objection. A party’s arguments and authority for or against a pattern jury instruction may be submitted in writing or presented orally on the record in open court. Counsel must file their proposed jury instructions and email a courtesy copy in Microsoft Word to [email protected] at least 14 days before trial. Counsel may refer to the Sixth Circuit’s Pattern Jury Instructions by number; inclusion of the complete pattern jury instruction is not required. Proposed jury instructions should address the substantive law applicable to the case. Counsel need not submit jury instructions regarding procedural matters, which the Court will provide. Proposed jury instructions must indicate their supporting authority, if they are not 6 taken from the Sixth Circuit’s Pattern Jury Instructions, and must be numbered for reference purposes. Requests for additional jury instructions during trial or at the conclusion of the evidence will be granted only as to those matters that could not be reasonably anticipated before trial. Copies of any such instructions must be served on opposing counsel before providing them to the Court. 12. Trial Date: Eight weeks after arraignment, Courtroom 1, Room 822. 13. Defendant Attendance The United States Marshal is hereby DIRECTED to have any defendant in its custody present at the Final Pretrial Conference scheduled in Section 7 of this Order, if the defendant wishes to change their plea, and at the trial scheduled in Section 12 of this Order. All defense counsel are hereby DIRECTED to take appropriate steps to ensure the presence of the defendant at these proceedings and any other proceeding at which their presence is required by the Court. 14. Timeline of Case Within seven days of this Order, the Government attorney must prepare and file a timeline showing the non-excludable and excludable time under 18 U.S.C. § 3161. The timeline must include the date that trial must begin under 18 U.S.C. § 3161. At least every thirty days until the termination of this case on the Court’s docket, the Government attorney must file an updated timeline with the Court. Requests to continue the trial date must be made by motion. When moving to continue the trial date, a party must explain the necessity of the continuance and demonstrate that the 7 time added by the continuance to the length of the proceedings is not only necessary but excludable under 18 U.S.C. § 3161(h). SO ORDERED. Date: _____________________________________ Hon. Jeffery P. Hopkins United States District Judge 8

=== Standing Order Governing Criminal Cases ===

STANDING ORDER GOVERNING CRIMINAL CASES Hon. Jeffery P. Hopkins United States District Judge Southern District of Ohio Western Division Potter Stewart U.S. Courthouse Room 810 100 East Fifth Street Cincinnati, OH 45202 (513) 564-7540 [email protected] Courtroom Deputy: Karli Colyer Effective as of February 1, 2023 I. INTRODUCTION This Standing Order is adopted under Rule 57(b) of the Federal Rules of Criminal Procedure and governs practice before District Judge Jeffery P. Hopkins, supplementing the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and the Local Rules of this Court. All attorneys who enter appearances in cases before Judge Hopkins are charged with knowledge of this Standing Order and are obliged to follow it. II. PRETRIAL PROCEDURE A. Trial Date Each criminal case will be set for trial between 59 and 70 days into the speedy trial calculation under the Speedy Trial Act, 18 U.S.C. § 3161. Generally, the Final Pretrial Conference will be scheduled to take place one week before the commencement of trial. All trial counsel must appear in person at the Final Pretrial Conference. B. Discovery and Inspection Defense counsel is directed to promptly contact 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. When defense counsel requests discovery under Rule 16, the government shall provide the evidence subject to disclosure 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 for discovery. The discovery meeting shall be held as promptly as possible and no later than one week after arraignment. If at any time any party fails to comply with Rule 16, such failure shall be brought to the Court’s attention by a motion to compel the specific discovery sought. Motions to compel shall be filed within one week from the date of a party’s denial of the initial discovery request. C. Motions 1. Generally 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. No reply briefs are permitted without leave of the Court. The moving party shall state in the motion whether an evidentiary hearing is requested and shall provide the reasons supporting this request. If the Court determines that a hearing is required, it will contact the parties with a proposed date and time for the hearing. 2 2. Motions Requiring Consultation Before filing any motion relating to bail or detention or any motion for a continuance of any conference, hearing, deadline, or other date scheduled by the Court, the movant’s counsel must consult with counsel for the opposing side and inquire if the party consents to or intends to oppose the motion. The movant must state in the motion that such consultation occurred or was attempted in good faith and must state whether the motion is unopposed. 3. Motions for Continuance Any motion to continue the trial date shall be made in writing at least one week before the trial is scheduled to begin. The motion must address the factors listed in 18 U.S.C. § 3161(h) that movant contends support a continuance of the trial date. D. Plea Negotiations & Plea Agreements 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. In many instances, the Final Pretrial Conference will be converted to a change of plea hearing. III. TRIAL 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. A. Counsel Tables The parties will occupy the counsel table assigned before the first session of trial. B. Court Sessions Under ordinary circumstances, trials will be held Monday through Thursday. Fridays will usually be reserved for other Court proceedings, such as final pretrials, temporary restraining orders or preliminary injunctions, arraignments, and sentencings. Trial hours are generally 9:00 a.m. to 12:00 and 1:30 p.m. to 5:00 p.m., with one 15- minute break in both 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 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. 3 Counsel and the parties shall be present in the courtroom 30 minutes before the Court convenes trial every morning (for example, at 8:30 a.m. if the Court convenes trial at 9:00 a.m.). The Court will use this time to resolve any issues that may arise during 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 case the Court needs to find you quickly. C. Addresses by Counsel Counsel shall address the Court and the jury in the following manner: • During voir dire examination, opening statements and closing arguments, counsel shall stand at the lectern facing the jury. • Counsel may address the Court either from the lectern facing the Court or by standing at counsel table. • Counsel must 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. Counsel may not ask the court reporter to mark testimony. All requests for the rereading of questions or answers shall be addressed to the Court. 4 E. Voir Dire Examination The entire 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. Counsel will be provided with a list of the prospective jurors prior to the commencement of trial. Counsel can contact the Jury Commissioner three days before trial at (513) 564-7522 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 before 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 their seat number and not by name. The Court will conduct a preliminary voir dire examination tailored to the issues in the case. An outline of the Court’s typical voir dire questioning is attached as Appendix A. Counsel may supplement the Court’s examination. However, counsel may not repeat in some other form the same question the Court has already put to the panel. Counsel must address their questions to the whole panel. Counsel may not question an individual juror unless the answer of a specific juror justifies further inquiry. Counsel will not be permitted to question jurors individually regarding background information. This 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, after obtaining the Court’s permission, regarding any inquiry justifiably elicited by information contained in the juror questionnaire. F. Challenges for Cause & Peremptory Challenges Challenges for cause and peremptory challenges will be heard outside the presence of the jury (either in a conference room or at sidebar). The Court will first consider challenges for cause; when the parties have exhausted their challenges for cause, the Court will consider peremptory challenges. Peremptory challenges will be exercised as follows: 1. United States exercises its first challenge 2. Defendant exercises their first and second challenges 3. United States exercises its second challenge 4. Defendant exercises their third and fourth challenges 5. United States exercises its third challenge 6. Defendant exercises their fifth and sixth challenges 7. United States exercises its fourth challenge 5 8. Defendant exercises their seventh and eighth challenges 9. United States exercises its fifth challenge 10. Defendant exercises their ninth challenge 11. United States exercises its sixth challenge 12. Defendant exercises their tenth challenge If either party “passes,” (i.e., forgoes to exercise a challenge when it is that party’s turn to do so), that party thereby “uses” one challenge. Subject to consultation with counsel, the waiver of all challenges on a particular round may conclude the challenges. 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. G. Jury Instructions The Court will use the Pattern Jury Instructions published by the United States Court of Appeals for the Sixth Circuit (available at https://www.ca6.uscourts.gov/pattern- jury-instructions), unless the Pattern Jury Instructions do not supply a relevant instruction on the subject matter or a party objects to a pattern jury instruction. In the case of an objection, the Court will consider the argument and authorities submitted by the objecting party and provide the other parties an opportunity to join or respond to the objection. A party’s arguments and authority for or against a pattern jury instruction may be submitted in writing or presented orally on the record in open court. Counsel must file their proposed jury instructions and email a courtesy copy in Microsoft Word to [email protected] at least 14 days before trial. Counsel may refer to requested Sixth Circuit pattern jury instructions by number; inclusion of the complete jury instruction is not required. Proposed jury instructions should address the substantive law applicable to the case. Counsel need not submit jury instructions regarding procedural matters, which the Court will provide. Proposed jury instructions must indicate their supporting authority, if they are not taken from the Sixth Circuit’s Pattern Jury Instructions, and must be numbered for reference purposes. Requests for additional jury instructions during trial or at the conclusion of the evidence will be granted only as to those matters that could not be reasonably anticipated before trial. Copies of any such instructions must be served on opposing counsel before providing them to the Court. H. Examination of Witnesses Counsel should generally conduct their examination of witnesses from the lectern. 6 In advance of trial, counsel must 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 shall wait until the witness has finished answering before asking the next question. Compound 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 shall 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. In addition, during the examination of a witness, counsel must request the Court’s permission to confer with co-counsel. Counsel may not approach a witness without first asking and obtaining 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 instances, the courtroom deputy will hand exhibits to the witness. Counsel should inform the Court when their examination of a witness is complete so that the Court can advise opposing counsel to proceed. I. Objections Counsel must stand when making an objection and must make objections directly and only to the Court, not to opposing counsel. When objecting, counsel should rise and simply state “I object.” Then, if requested by the Court, counsel should state the grounds for the objection. Objections may not be used for the purpose of making speeches, repeating testimony, attempting to guide a witness, or attempting to influence the jury. Argument upon an objection will not be heard unless the Court requests it or otherwise gives counsel permission to provide argument. Either counsel may request a bench conference. J. Exhibits All parties who intend to offer exhibits must mark them before trial. The Clerk of Courts can provide exhibit labels upon request. The government must label its exhibits with Arabic numbers preceded by “GOV”, and the defendant shall identify the defendant’s exhibits with Arabic numbers preceded by “D” (or “D2,” etc.). Counsel must provide the original and two copies of exhibits to chambers, and one copy to opposing counsel, at least seven days before the commencement of trial. The two copies of exhibits to the Court should be three-hole punched and placed in 7 notebooks or binders, along with a copy of the exhibit lists. Exhibit lists should substantially conform to AO Form 187. Exhibit lists are not pleadings and should not be filed with the Clerk of Courts or served on opposing counsel. Counsel may not approach a witness to tender an exhibit. Rather, the Courtroom Deputy will place exhibits before the witness. In formulating a question to a witness, counsel should specify the exhibit number or designation involved so the record will be clear. If a party introduces a previously undisclosed exhibit for the first time at trial, as in the case of exhibits used for impeachment, the exhibit first must be given to the Courtroom Deputy for marking and then shown to opposing counsel. Copies must be provided to opposing counsel, the Court, and the Court’s law clerk. K. Witness Lists The government must submit a copy of its witness list to the Court’s chambers at least seven days before the commencement of trial. Defendants may submit a copy of their witness list at least seven days before the commencement of trial. Witness lists are not pleadings and should not be filed or served on opposing counsel. L. Trial Briefs The parties may file trial briefs at least seven days before the commencement of trial, except upon leave of the Court. Counsel also shall serve their trial briefs on opposing counsel. Each trial brief should include a statement of facts. Counsel also should identify and argue evidentiary matters that might arise with citations to relevant legal authorities. M. Stipulations Stipulations must be signed by the parties’ counsel and by the defendant. Stipulations shall be submitted to the Court at least three days before the commencement of trial, except upon leave of the Court. N. Deadlines Parties are reminded that all deadlines set forth in this Standing Order and in any other Order issued by this Court are firm deadlines. All deadlines shall be followed unless the parties have obtained prior approval of the Court granting an extension of time. The Court will impose sanctions, including monetary sanctions, for failure to meet these deadlines. 8 O. Summary of Deadlines Proposed Jury Instructions 14 days before trial Witness Lists 7 days before trial Exhibits & Exhibit Lists 7 days before trial Trial Briefs (if any) 7 days before trial Stipulations (if any) 3 days before trial SO ORDERED. Date: January 31, 2023 _____________________________________ Hon. Jeffery P. Hopkins United States District Judge 9 APPENDIX A VOIR DIRE QUESTIONS BY THE COURT Criminal Trial Procedures The Court will conduct a preliminary examination of the panel, typically using questions such as the following. After the Court completes its examination, counsel may supplement the Court’s examination with questions that do not repeat, in substance, any question the Court already asked the panel. 1. I am now going to read the names of the parties and the witnesses that you may be hearing from in this case. Please listen to the list carefully as I will be asking you whether you know any of these people. a. First, as I just told you, the government is represented by __________. Seated at the counsel table with__________ is __________. b. At the next table is the Defendant in this case __________. He [or she] is represented by __________of __________. c. The government may call the following persons as witnesses: d. The Defendant in this case may call the following persons as witnesses: e. Are any of you related by blood or marriage to any of the individuals that I have just named? f. Are you personally acquainted with these persons, or do you have any knowledge of them, directly or indirectly, through your social, business, or professional lives? 2. Have any of you ever heard of or been involved with any of the following entities or persons: [List any businesses or non-witness entities that will be important in this case.] Are any of these names familiar to any panel member? 3. OUTLINE THE OFFENSE PER THE INDICTMENT OR INFORMATION Does any panel member have prior knowledge or information about the offense(s) the defendant(s) is/are charged with, which I have just explained to you? This includes knowledge gained from personal contacts or from the media. Follow-up questions for any affirmative responses: a. From what source did you hear about this case (newspaper, TV, radio, conversation with others)? 1 b. How many times did you hear or read about it? c. Do you remember specifically what you heard or read? d. Did what you heard or read cause you to have any feeling concerning the merits of the parties’ claims? e. Did what you heard or read cause you to have a favorable or an unfavorable impression concerning the parties? f. Do you today have any impression or even tentative opinion as to the probable outcome of this case? 4. Does any panel member have any personal interest of any kind in this case, or in the defendant(s)? 5. If any panel member has served as a juror in the federal or state court—either in a civil or criminal case—and regardless of the outcome of such case(s), would your prior experience have any effect or influence on your ability to serve as a fair and impartial juror in this case? 6. Does any panel member have any feeling – thought – inclination – premonition – prejudice – religious belief or persuasion – or bias – which might influence or interfere with your full and impartial consideration and which might influence you either in favor of or against either the defendant(s) or the government? 7. Is there any reason in your mind why you cannot hear and consider the evidence and render a fair and impartial verdict? 8. Can you take the law as the Court instructs you, without any reservation whatsoever, and apply the facts to the Court’s instructions on the law? If you cannot do this, please hold up your hand. 9. Do you recognize and accept the proposition that jurors are the sole judge of the facts and the Court is the sole judge of the law? If you cannot do this, please hold up your hand. 10. If you are selected as a juror in this case, can you extend the presumption of innocence to this defendant(s); that is, can you presume the defendant(s) is/are innocent of the charge(s) unless and until guilt is established by proof which convinces you beyond a reasonable doubt? If you cannot do this, please hold up your hand. 11. Are you—or is any member of your immediate family—a member of a law enforcement agency, i.e., municipal police, county sheriff, state highway patrol, or any federal law enforcement agency, either at the present time or in the past? 2 12. Does any panel member feel bias – or prejudice – because the defendant(s) has (have) been charged by indictment (information) with an offense(s) against the United States? 13. Has any panel member formed or expressed any opinion as to the guilt or innocence of the defendant(s)? 14. Does any panel member have: a. Any transportation problem? For example, does anyone have difficulty getting to or from the courthouse? b. Any medical or disability problems, such as difficulty hearing, walking or seeing? Does any other medical problem exist which could affect your service on the jury? 15. The Court and counsel estimate this trial will last ____ days. Does any panel member have any immediate family or personal reason or situation which persuades you that you cannot serve as a juror during this period and give your undivided attention to this case? 16. Finally, can any of you think of any matter that you should call to the Court’s attention that may have some bearing on your qualifications as a juror, or that—even to the slightest degree—may prevent your rendering a fair and impartial verdict based solely upon the evidence and my instructions as to the law? 3

=== Standing Order Governing the Use of Generative AI ===

STANDING ORDER GOVERNING THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE With increasing frequency, litigants are relying on text-generation software powered by Artificial Intelligence (“AI”) to prepare motions and other papers. This has prompted concern regarding the reliability and accuracy of filings in this Court. These generative AI platforms include, but are not limited to, ChatGPT, Google Gemini, and Harvey.ai. Rule 11(b) of the Federal Rules of Civil Procedure provides that by submitting a motion, brief, pleading or other filing to the Court, an attorney or self-represented litigant certifies that their claims, defenses, and other legal contentions are warranted by existing law and that their factual contentions find evidentiary support. Notwithstanding this rule, litigants in this Court have submitted filings that include citations to non-existent cases or arguments and citations not warranted by existing law. Thus, to guard against the use of generative AI in a manner that contravenes Rule 11, it is hereby ORDERED that any party, including any self-represented litigant, who uses generative AI to generate any portion of a motion, brief, pleading or other filing must attach to the filing a separate declaration disclosing the use of generative AI. In this declaration, the attorney or self-represented litigant must certify that he or she has reviewed therelevant source material and has verified that all submissions to the Court are accurate, and that the individual has otherwise complied with his or her Rule 11 obligations. This declaration should be captioned: “Disclosure and Verification of Use of Generative AI.” Any attorney or self-represented litigant who signs a motion, brief, pleading or other filing submitted to the Court will be held responsible for the contents of that filing under Rule 11, regardless of whether that individual used generative AI to generate any portion of that filing. Failure to comply with Rule 11(b) may result in sanctions. See Fed. R. Civ. P. 11(c). IT IS SO ORDERED. August 20, 2025 eff f United States District Judge