Standing Order Governing Civil Cases; Standing Order Governing Criminal Cases; Standing Order re: Opportunities for Oral Arguments, in Civil Cases, by Newer Attorneys

=== Standing Order Governing Civil Cases ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION, AT DAYTON STANDING ORDER GOVERNING CIVIL CASES Effective as of December 18, 2023 Notice to counsel: New Requirement for Joint Proposed Final Pretrial Conference Orders Effective as of December 18, 2023 Notice to counsel: New AI Provision Effective as of August 27, 2025 Hon. Michael J. Newman United States District Judge Walter H. Rice Federal Building & U.S. Courthouse 200 West Second Street, Room 505 Dayton, Ohio 45402 [email protected] Courtroom Deputy/Judicial Assistant: Claire McDowell (937) 512-1640 [email protected] Court Reporter: Julie Hohenstein (937) 512-1639 [email protected] TABLE OF CONTENTS I. GENERAL PROVISIONS ...................................................................................................... 3 a. b. Local Rules ............................................................................................................ 3 Conflicting General Orders ................................................................................. 3 II. PRETRIAL PROCEDURES ................................................................................................... 3 a. b. c. Preliminary Pretrial Conference ......................................................................... 3 Rule 26(f) Conference and Report....................................................................... 4 Scheduling Order .................................................................................................. 6 III. MAGISTRATE JUDGE PRACTICE .................................................................................... 6 a. b. c. Assignment............................................................................................................. 6 Reference ............................................................................................................... 6 Consent................................................................................................................... 7 IV. DISCOVERY ............................................................................................................................ 7 a. b. c. d. e. The Discovery Deadline ........................................................................................ 7 Discovery Disputes and Associated Motion Practice ......................................... 8 Depositions in Lieu of Trial Testimony ............................................................... 8 Protective Orders Governing Confidential Information in Discovery ............ 8 Inadvertent Disclosure.......................................................................................... 9 V. MOTION PRACTICE ............................................................................................................. 9 a. b. c. d. e. f. g. Memoranda in Support ........................................................................................ 9 Motion Filing Deadlines ....................................................................................... 9 Evidence in Support ............................................................................................ 10 Page Limitations and Formatting...................................................................... 12 Impact on Court Discovery ................................................................................ 12 Hearings and Oral Argument ............................................................................ 13 Courtesy Copies .................................................................................................. 13 VI. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION....................................................... 13 VII. MEDIATION .......................................................................................................................... 14 VIII. TRIAL, ASSOCIATED CONFERENCES AND DEADLINES ........................................ 14 a. Final Pretrial Conference ................................................................................... 14 i b. c. d. e. f. g. h. i. Joint Proposed Final Pretrial Order ................................................................. 14 Exhibits ................................................................................................................ 16 Jury Instructions ................................................................................................. 17 Motions in Limine ............................................................................................... 18 Daubert Motions .................................................................................................. 19 Depositions ........................................................................................................... 19 Trial Briefs ........................................................................................................... 20 Courtroom Practice ............................................................................................ 20 IX. APPENDICES ......................................................................................................................... 23 ii I. GENERAL PROVISIONS a. Local Rules The Local Civil Rules of the United States District Court for the Southern District of Ohio, including the Introductory Statement on Civility, shall be strictly adhered to by all parties and counsel appearing before the undersigned and will be strictly enforced by the Court. The Court reserves the right to sanction counsel who violate the Local Rules or Civility Statement. b. Conflicting General Orders This Standing Order replaces Dayton General Order No. 12-01 for all civil cases assigned to the undersigned. On or after the effective date of this Standing Order, all counsel of record are charged with knowledge of the procedures and requirements contained herein. II. PRETRIAL PROCEDURES a. Preliminary Pretrial Conference The assigned magistrate judge will generally set a pretrial scheduling conference to occur by telephone within 45 days after all parties have appeared in an action. i. Participation All pro se parties must participate in the preliminary pretrial conference. Parties represented by counsel need only appear at the preliminary pretrial conference through their “trial attorney” (defined in S.D. Ohio Civ. R. 3 83.4(a .1 Co-counsel for any party may also participate in the preliminary pretrial conference, but a party’s “trial attorney” is required to participate. ii. Subject Matter During the preliminary pretrial conference, the assigned magistrate judge will discuss the contents of the Rule 26(f) report, including the dates and deadlines proposed by the parties; the parties’ discovery plan; the need for issuance of a protective order governing the exchange of confidential information; the status of settlement negotiations; and whether the parties seek to engage in mediation or other alternative dispute resolution (“ADR”) mechanism. b. Rule 26(f) Conference and Report Prior to the preliminary pretrial conference, the parties shall confer as required by Fed. R. Civ. P. 26(f) and jointly prepare a Rule 26(f) report for filing. i. Trial Date Trial in a civil case will generally not be set to commence any sooner than 5 months after the dispositive motion deadline. 1 “Unless otherwise ordered, in all actions filed in, transferred to, or removed to this Court, all parties other than pro se parties must be represented at all times by a ‘trial attorney’ who is a permanent member in good standing of the bar of this Court. Each filing made on behalf of such parties shall identify and be signed by the trial attorney. The trial attorney shall attend all hearings, conferences, and the trial itself unless excused by the Court from doing so. Admission pro hac vice does not entitle an attorney to appear as a party’s trial attorney, but the Court may, in its discretion and upon motion that shows good cause, permit an attorney who has been so admitted to act as a trial attorney.” S.D. Ohio Civ. R. 83.4(a). 4 ii. Discovery Plan In formulating a discovery plan, the parties shall consider the need for a protective order governing the exchange and use of confidential information during the discovery phase of the case. iii. Filing The Rule 26(f) report of the parties shall be filed at least 7 days prior to the date of the pretrial scheduling conference. iv. Binding Nature of the Rule 26(f) report In the absence of objection by any party, the Court will generally adopt in a Scheduling Order the following deadlines jointly proposed by the parties in the Rule 26(f) report: amending the pleadings; adding/joining additional parties; filing motions directed to the pleadings (i.e., motions to dismiss or for judgment on the pleadings); disclosing lay and expert witnesses; completing discovery; and filing dispositive motions. Unless otherwise stated in the Court’s Scheduling Order, the dates jointly proposed by the parties in the Rule 26(f) report shall govern the action and the parties are bound by the discovery plan and other agreements set forth in the Rule 26(f) report. v. Form A form Rule 26(f) report is attached in Appendix A to this Standing Order. 5 c. Scheduling Order A Scheduling Order will promptly issue after the preliminary pretrial conference and shall, upon issuance, govern the case. No deadline set in the Scheduling Order shall be extended, amended, or continued in the absence of a Court Order issued upon good cause shown. In other words, even if all parties agree, a Court Order is nevertheless required to extend, amend, or continue any deadline set in the Scheduling Order. To seek amendment of deadlines, counsel or pro se litigants must file a motion to amend and comply with all provisions of the Local Rules. See S.D. Ohio Civ. R. 7.2 and 7.3. III. MAGISTRATE JUDGE PRACTICE a. Assignment All civil cases, upon filing, are assigned by the Clerk to a district judge and a magistrate judge. b. Reference All civil cases assigned to the undersigned, upon filing, are hereby referred by this Standing Order to a magistrate judge pursuant to 28 U.S.C. §§ 636(b)(1)(A), (B), and (C) and § 636(b)(3). Unless otherwise ordered,2 the magistrate judge is authorized to perform any and all functions authorized for full-time United States 2 Certain categories of cases are referred to the United States magistrate judge to perform any and all functions authorized for full-time magistrate judges by statute. See Dayton General Order, No. 22-01 (S.D. Ohio Jan. 28, 2022). These cases include, inter alia, IRS summonses, government loans, Miller Act cases, pro se cases, post-conviction relief matters, Social Security disability appeals, and all post-judgment proceedings in aid of execution. Id. In addition, other cases may be referred for full disposition upon the unanimous consent of the parties. See 28 U.S.C.§ 636(c); see also infra § III(c). 6 magistrate judges by statute except that, unless specifically ordered, the following motions are not referred, regardless of when they may be filed: (1) motions for temporary restraining order or preliminary injunction; (2) motions to dismiss, for judgment on the pleadings, or for summary judgment; (3) motions for class certification; (4) motions in limine; and (5) motions for default judgment. c. Consent A United States magistrate judge of this court is available to conduct all proceedings in a civil action (including a jury or nonjury trial) and to order the entry of a final judgment (a judgment that may then be appealed directly to the United States Court of Appeals for the Sixth Circuit). A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. Pro se litigants and counsel may consent at any time during the litigation so long as trial has not yet begun. If all parties consent to the jurisdiction of the magistrate judge, they shall so advise the Clerk of Court by signing and jointly submitting to the Clerk Form AO 85, which is attached to this Standing Order at Appendix B. IV. DISCOVERY a. The Discovery Deadline No discovery from any source shall be requested or received, or any depositions occur, after the discovery deadline. All discovery must be completed, not just requested, by the discovery deadline. For such discovery to occur, the requesting 7 party must seek leave of court to amend the discovery deadline for that limited purpose. The Court may disregard -- on summary judgment, at trial, or otherwise -- any information or documents obtained, received, or produced after the discovery deadline. b. Discovery Disputes and Associated Motion Practice The parties may jointly request an informal discovery dispute conference with the assigned magistrate judge only after exhausting all extrajudicial means3 to resolve the dispute. See S.D. Ohio Civ. R. 37.1. In the absence of extraordinary circumstances, no discovery motion -- such as a motion to compel or a motion for a protective order (except for a joint motion for entry of a proposed protective order) -- shall be filed in a case assigned to the undersigned until the parties have participated in an informal discovery dispute conference as set forth in S.D. Ohio Civ. R. 37.1. c. Depositions in Lieu of Trial Testimony After the discovery deadline, a party may take a deposition for use at trial in lieu of live testimony only if leave of court is granted. d. Protective Orders Governing Confidential Information in Discovery Where the parties believe that a protective order is needed to govern the exchange and use of confidential information during the discovery phase of the case, the parties shall confer to negotiate the terms of such an order for the Court’s approval. 3 The undersigned interprets the phrase “all extrajudicial means” to require both telephonic and written communication between the parties. 8 To obtain Court approval, the parties shall jointly file a motion for the entry a joint protective order and attach the joint proposed protective order thereto. In addition, the parties shall email the joint proposed protective order to the undersigned’s chambers and the chambers of the assigned magistrate judge. In negotiating the terms of the protective order, the parties shall be familiar with Sixth Circuit case law, including Shane Group, Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016). Form protective orders are available on the Court’s website. e. Inadvertent Disclosure Pursuant to Evidence Rule 502(d), an inadvertent disclosure of a communication or information covered by the attorney-client privilege or work-product protection made in connection with this litigation shall not constitute a waiver of that privilege or protection in this or any other federal or state proceeding. V. MOTION PRACTICE a. Memoranda in Support Memoranda in support of a motion shall be appended directly to the motion and shall not be filed separately on the Court’s CM/ECF docketing system. b. Motion Filing Deadlines Motions filed under Fed. R. Civ. P. 12 and 56 before the undersigned shall be briefed in the following manner: Plaintiff’s memorandum in opposition is due within 21 days of the filing of the motion to dismiss; the movant’s reply memorandum is due within 14 days of the filing of the opposition memorandum. All other motion, unless otherwise ordered, shall follow the same timeline. 9 c. Evidence in Support The Court prefers that, to the extent practicable, all evidence used in support of a motion shall be filed on the Court’s CM/ECF system before the motion is filed. Citations to evidence shall reference the case-specific document number and PageID number (e.g., Doc. No. 50 at PageID 123) where the evidence cited is located within the record. i. Depositions Deposition transcripts referred to or relied upon in support of or in opposition to a motion shall be filed with the Court. When filing deposition transcripts, the parties shall file the full transcript in a condensed format. All deposition transcripts filed with the Clerk must include a signature page and statement of changes in form or substance made by the witness pursuant to Fed. R. Civ. P. 30(e) and the certificate described in Fed. R. Civ. P. 30(f). ii. Confidential Information as Evidence Except where impractical to do so, a party seeking to support a motion with information deemed “confidential” or otherwise protected by the terms of a protective order must, sufficiently in advance of date upon which the party seeks to file such information with the Court, confer with the party or parties designating the information confidential or otherwise protected by the terms of a protective order to determine whether it is appropriate to file a motion for leave to file that information under seal. 10 iii. Filing Evidence Under Seal Leave of court is required before a party may file evidence on the Court’s docket under seal. This includes information deemed “confidential” or otherwise protected by the terms of a protective order. When moving for leave to file information under seal, the moving party shall be familiar with the standards set by the Sixth Circuit, including Shane Group. The Court anticipates that motions for leave to file documents under seal will be accompanied by: (1) a memorandum explaining, with legal citations, why the proposed seal is no broader than necessary; and (2) an affidavit demonstrating compliance with Shane Group and its progeny. Any Order denying a motion to seal or denying a motion for continued sealing will be stayed for a period of 14 days after entry of the Order during which an appropriate appeal from the Order may be filed or during which all or part of the material filed under seal may be withdrawn before it becomes a part of the public record. If an appeal is filed, the subject Order will remain stayed until the appeal is determined and, if the Order is affirmed, in whole or in part, the Order will remain stayed for an additional 14 days after the entry of the appellate ruling during which all or part of the material filed under seal may be withdrawn before it becomes a part of the public record. iv. The Same Evidence Should be Filed Once To the extent practicable, the parties should refrain from filing the same evidence multiple times on the Court’s docket. For example, if the 11 transcript of a deposition is filed as Document #20 on the docket in support of a motion to compel, that same deposition should not be separately filed again to support a later-filed motion for summary judgment; instead, the party should simply cite Doc. 20 and the appropriate PageID in the motion for summary judgment. Similarly, if defendant cites a contract governing the relationship between the parties and files such contract as an exhibit in support of a motion for summary judgment, plaintiff should not again file the same contract as an exhibit to the memorandum in opposition; instead, plaintiff should simply cite to the contract filed by defendant. d. Page Limitations and Formatting While the Court prefers that memoranda not exceed the 20-page limitation set forth in S.D. Ohio Civ. R. 7.2(a)(4), leave of court is not required to file a memorandum exceeding that page limitation. However, parties filing memoranda exceeding 20 pages in length shall comply with all other requirements of S.D. Ohio Civ. R. 7.2(a)(4). All briefs and memoranda shall comport with the following specifications: (1) one- inch margins on all sides; (2) main body of the text in 12-point, Times New Roman font; (3) footnote text in at least10-point font in the same typeface as the main body of the text; and (4) citations in the main body of the text, not footnotes. e. Impact on Court Discovery Unless otherwise expressly ordered by the Court, discovery is not stayed, extended, continued, or tolled by the filing of any motion or while any dispositive motion 12 remains pending on the docket awaiting decision. For example: the filing of a motion for judgment on the pleadings or the pendency of a motion to dismiss does not stay or toll the discovery deadline pending a decision on the motion. f. Hearings and Oral Argument Unless required by law or otherwise ordered by the Court, all motions will be decided on the parties’ written submissions filed in accordance with S.D. Ohio Civ. R. 7.2. The parties may request oral argument or a hearing on any motion by following the procedure set forth in S.D. Ohio Civ. R. 7.1(b). g. Courtesy Copies Unless requested by the Court, the parties need not provide the Court with courtesy copies of any motion or memorandum. VI. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION No attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, Internet search engines, such as Google or Bing, or Microsoft Suite products or the equivalent, such as Word. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in their case or an opponent’s case. The purpose of this provision is not to prevent parties from using 13 AI tools, such as legal search engines or Microsoft Suite products but, rather, to prevent counsel and pro se parties from citing false, misleading and/or hallucinated cases and law. VII. MEDIATION Mediations are conducted by the Dayton magistrate judge not otherwise assigned to the case. To schedule a mediation, counsel should contact Judge Newman’s Courtroom Deputy directly, not the magistrate judge’s chambers. VIII. TRIAL, ASSOCIATED CONFERENCES AND DEADLINES a. Final Pretrial Conference The date for the final pretrial conference will generally be set forth in the Scheduling Order issued at the outset of the case and will typically occur approximately 14 days or more prior to trial. The trial attorney and all co-counsel who intend to participate at trial shall attend the final pretrial conference. The Court reserves the right to bar from trial all counsel who fail to attend the final pretrial conference in person. b. Joint Proposed Final Pretrial Order No later than 7 days before the final pretrial conference, the parties shall file a joint proposed final pretrial order using the form attached hereto in Appendix C. A copy of the joint proposed final pretrial order shall also be emailed to the undersigned’s chambers. i. Procedures for Preparing the Joint Proposed Final Pretrial Order 14 During the parties’ preparation of the joint proposed final pretrial order, counsel shall discuss and agree to the maximum number of trial days it will take to submit the case to the jury or, in bench trials, to the Court. In the event the Court has bifurcated any claims or issues, counsel shall discuss and agree to the maximum number of trial days it will take to submit each bifurcated stage of the case to the jury or, in bench trials, to the Court. Absent extraordinary circumstances or a showing of substantial prejudice, trial will not last longer than the maximum number of days agreed to by the parties in the Joint Final Pretrial Order. Unless otherwise ordered by the Court or agreed to by the parties, the following procedure applies to the parties’ preparation of the joint proposed final pretrial order: 1. Plaintiff shall prepare and deliver to each defendant a first draft of the joint proposed final pretrial order no later than 14 days prior to the filing deadline (without the information which is within the knowledge of defendants, such as lists of witnesses, exhibits, etc.); 2. Defendant must add all information necessary to complete a second draft of the joint proposed final pretrial order, clearly delineating the text which has been changed or added, and deliver the second draft to plaintiff(s) no later than 7 days prior to the filing deadline; 3. Following delivery of the second draft of the joint proposed final pretrial order, the parties shall confer and, thereafter, file and submit the joint proposed final pretrial order to the Court as set forth above. ii. Sanctions Failure to timely file the joint proposed final pretrial order as required may result in the continuance of the final pretrial conference and trial. Further, 15 the failure to timely file the joint proposed final pretrial order may result in the issuance of sanctions, including the dismissal of a case for failure to prosecute. iii. Entry of the Final Pretrial Order Following the final pretrial conference, the Court will promptly enter the final pretrial order with any changes thereto on the Court’s docket. c. Exhibits Exhibits shall be marked with sequential numerals as follows: joint exhibits shall be designated by its sequential number, e.g., JX1, JX2. Plaintiff’s exhibits shall be designated PX followed by its sequential number, e.g., PX1, PX2. Defendant’s exhibits shall be designated DX followed by its alphabetically sequential letter e.g., DXA, DXB. In cases involving multiple plaintiffs and/or defendants, questions regarding how to properly mark exhibits will be discussed during the final pretrial conference i. Exchange Between the Parties Unless otherwise ordered, all exhibits shall be marked and copies of such delivered to all other parties no later than 3 business days before the final pretrial conference. ii. Court Copies A hard copy of all exhibits shall be provided to the undersigned’s Courtroom Deputy at least 3 business days prior to trial. To the extent 16 possible, an electronic copy of all exhibits shall also be provided to the Court. If the parties are unable to provide the Court with electronic copies, 2 additional hard copies must be given to the undersigned’s Courtroom Deputy at the time set forth above. iii. Demonstratives Sketches, models, diagrams, videos, PowerPoints, or any other demonstrative exhibit that will be used at trial for any purpose must be exhibited to all other parties no later than the final pretrial conference. iv. Display of Exhibits at Trial Unless admitted into evidence, no exhibit can be displayed to the jury without Court approval. v. Admission into Evidence The admissibility of all exhibits referred to during trial and offered by the parties, other than those examined by the jury, will be ruled upon by the Court, at the latest, prior to that party's resting. 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. d. Jury Instructions Proposed jury instructions and verdict forms must be filed 7 days or more before the final pretrial conference. In addition, a Word version of each parties’ proposed jury instructions shall be emailed to chambers at 17 [email protected]. As filed, they shall be formatted so that each instruction can be printed on a separate 8.5" x 11" sheet of paper identified as “Plaintiff(s) (Defendant(s Requested Instruction No. __.” Each instruction must contain a citation of authority upon which counsel relies. i. Citation to Authority The Court uses as sources for its instructions O’Malley, Grenig, and Lee’s FEDERAL JURY PRACTICE AND INSTRUCTIONS; OHIO JURY INSTRUCTIONS; the Sixth Circuit Pattern Jury Instructions; Pattern Instructions from other circuit courts; and instructions given in prior cases of a similar nature. ii. Agreed Statement of the Case The parties are required to confer and submit an agreed statement of the case to the undersigned’s chambers via email ([email protected]) 7 days or more before trial. e. Motions in Limine Unless otherwise ordered, all motions in limine, directed to the presentation of evidence at trial, must be filed not later than 14 days prior to the final pretrial conference. Memoranda in opposition to motions in limine shall be filed no later than 7 days prior to the final pretrial conference. The failure to file a motion in limine does not waive any argument regarding the admissibility of evidence at trial. 18 f. Daubert Motions The parties are encouraged to file Daubert motions simultaneously to their motions for summary judgment. If so filed, the opposing party will have 21 days to respond. No replies are permitted without leave of Court. 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 30 days before the Final Pretrial Conference. Responses to such motions must be filed no later than 23 days before the Final Pretrial Conference. No replies are permitted without leave of Court. g. Depositions Counsel will specify in the joint proposed final pretrial order those portions of any deposition which will be read or played at trial in lieu of live testimony. The deposition itself must be filed with the Clerk not later than the date of the final pretrial conference. Opposing counsel will note objections to any portion of the deposition in advance of the trial, and the Court will rule on the objections either prior to the commencement of the trial or, at the latest, prior to the reading or playing of the deposition in open court. Video presentations must include a method for cutting off either sound or the entire picture from the jury in situations where the Court must rule on objections to testimony. In addition to the video record itself, a typewritten transcript must be 19 provided to the Court and opposing counsel as an aid in following the videotape presentation and in ruling upon any objections. Any deposition to be used solely for impeachment must be filed with the Clerk prior to the final pretrial conference. h. Trial Briefs Trial briefs, if desired by counsel or ordered by the Court, must be filed and served 7 days or more 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) and the style requirements for memoranda set forth in this General Order. 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. i. Courtroom Practice Conduct of counsel during the trial of cases will be governed by the following: i. Counsel Tables The plaintiff in all civil cases, and the United States Government in criminal cases, will occupy the counsel table nearest the jury. Defendants in both civil and criminal cases will occupy the counsel table furthest from the jury. ii. Court Sessions Trials will usually start at 9:00 a.m. The morning session will continue until approximately noon. There will be a morning recess of approximately 15 20 minutes at an approximately 10:30 a.m. The afternoon session will start one hour after the end of the morning session unless otherwise announced. The afternoon session will usually end at approximately 4:30 p.m. A recess of 15 minutes will occur at approximately 3 p.m. It is expected that the parties and all counsel will be available at least 15-20 minutes prior to the beginning of the morning and afternoon sessions. iii. Voir Dire For voir dire, the Court will generally ask initial questions of the entire panel first and will then allow counsel for the parties to ask follow-up questions.4 Following questioning, the Court will entertain “for cause” challenges and peremptory challenges. The parties shall each have 3 peremptory challenges and may request additional peremptory challenges during the final pretrial conference. iv. Size of the Jury The Court will seat a jury of 8 in civil cases with a requirement of unanimity, unless otherwise ordered in the final pretrial order. v. Courtroom Demeanor Counsel should consult with Judge Newman at the final pretrial conference regarding the judge’s preference as to requesting permission to approach a witness. 4 For a list of sample questions, see infra Appendix D. 21 Presenting Exhibits to Witnesses. Since all evidence will have been previously deposited with the Courtroom Deputy, counsel should request the Courtroom Deputy to hand specific documents to the witness. Documents intended for impeachment purposes which are not admitted into evidence will be handed to the Courtroom Deputy for suitable marking and then handed to the witness. Comments by Counsel. Counsel should address any comments to the Court and not to opposing counsel. Objections. Counsel shall not make speaking objections and are not to argue objections in the hearing of the jury. vi. Jury Charge Conference The Court will hold a conference with counsel, in chambers and on the record, prior to the final argument in jury cases for the following purposes (1) counsel may be heard on proposed jury charges presented by either side and/or on the tentative charges submitted by the Court (counsels’ attention is directed to Fed. R. Civ. P. 51); and (2) the Court will determine the length of the summations to the jury. IT IS SO ORDERED. December 14, 2023 s/Michael J. Newman Hon. Michael J. Newman United States District Judge 22 IX. APPENDICES The following forms are available for the parties to use throughout the course of litigation: 1. 2. 3. 4. Appendix A: Fed. R. Civ. P. 26(f) Order Appendix B: Form AO85 for Unanimous Consent to Magistrate Judge Jurisdiction Appendix C: Joint Proposed Final Pretrial Order Appendix D: Sample Voir Dire Questions 23 Appendix A 24 25 Appendix B 26 AO 85 (Rev. 02/17) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge UNITED STATES DISTRICT COURT for the District of Plaintiff v. Defendant Civil Action No. NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE Notice of a magistrate judge’s availability. A United States magistrate judge of this court is available to conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties voluntarily consent. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your case. Consent to a magistrate judge’s authority. The following parties consent to have a United States magistrate judge conduct all proceedings in this case including trial, the entry of final judgment, and all post-trial proceedings. Printed names of parties and attorneys Signatures of parties or attorneys Dates Reference Order IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Date: District Judge’s signature Printed name and title Note: Return this form to the clerk of court only if you are consenting to the exercise of jurisdiction by a United States 27 Reset magistrate judge. Do not return this form to a judge. Print Save As... 28 Appendix C 29 j. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON Plaintiff(s) vs. District Judge Michael J. Newman Case Number: Defendant(s). k. FINAL PRETRIAL ORDER (A proposed final pretrial order following this form must be jointly prepared and filed not later than the date set forth in the Preliminary Pretrial Conference Order.) This action came before the Court at a final pretrial conference held on at a.m./p.m., pursuant to Rule 16, Federal Rules of Civil Procedure. I. APPEARANCES: For Plaintiff(s): For Defendant(s): II. NATURE OF ACTION AND JURISDICTION: A. This is an action for B. The jurisdiction of the Court is invoked under Title Section . United States Code, C. The subject matter jurisdiction of the Court (is) (is not) disputed. [If disputed, state by which party and on what basis.] III. TRIAL INFORMATION: A. The parties’ agree that the maximum number trial days is . B. Trial to has been set for . 30 IV. AGREED STATEMENTS AND LISTS: A. General Nature of the Claims of the Parties: (1) PLAINTIFF CLAIMS: (suggested type of simple language) “Plaintiff asserts in Count 1 a right of recovery for defendants’ negligence as follows: “Plaintiff asserts in Count 2 a right of recovery for defendants’ wanton and willful misconduct as follows: “Plaintiff asserts in Count 3 a right to punitive damages and attorney fees for the following reasons: (2) DEFENDANT CLAIMS: (suggested type of simple language) Defendant denies liability as asserted in Counts for the following reasons: Defendant as an affirmative defense asserts: (3) ALL OTHER PARTIES’ CLAIMS: B. Uncontroverted Facts Suggested Language: “The following facts are established by admissions in the pleadings or by stipulations of counsel (set forth and number uncontroverted or uncontested facts.) C. Issues of Fact and Law Suggested Language: (1) “CONTESTED ISSUES OF FACT: The contested issues of fact remaining for decision are: (list)” (2) “CONTESTED ISSUES OF LAW: The contested issues of law in addition to those implicit in the foregoing issues of fact, are: (set forth) OR: There are no special issues of law reserved other than those implicit in the foregoing issues of fact.” If the parties are unable to agree on what the contes ted issues of fact or law are, their respective contentions as to what the issues are shall be set forth separately and clearly labeled. D. Witnesses Suggested Language: (1) “Plaintiff will call or will have available for testimony at trial those witnesses listed in Appendix A hereof.” (2) “Defendant will call or will have available for testimony at trial those Witnesses listed on Appendix B hereof.” 31 (3) Appendix C hereof.” will call or will have available for testimony at trial those witnessed listed on (4) “The parties reserve the right to call rebuttal witnesses whose testimony could not reasonably be anticipated without prior notice to opposing counsel.” INSTRUCTIONS: l. (1) A brief one or two sentence synopsis of the witnesses’ testimony must be given -- i.e., “Will testify to pain and suffering,” “Will testify to lost profits, etc.” (2) Leave to call additional witnesses may be granted by the Court in unusual situations on motion with names, addresses, and an offer of proof of such witness’ testimony within twenty-four hours after the need to call such witness becomes known. (3) The witnesses need not be called in the order listed, but the witnesses to be called on the succeeding day shall be disclosed to opposing counsel not later than the end of trial each day, unless otherwise ordered. E. Expert Witnesses Suggested Language: “Parties are limited to the following number of expert witnesses, including treating physicians, whose names have been disclosed and reports furnished to the other side: Plaintiff (a) Defendant(s) F. Exhibits The parties will offer as exhibits those items listed herein and numbered with Arabic numerals as follows: (1) Joint Exhibits -- Appendix D (marked “JX (2) Plaintiff Exhibits Appendix E (marked “PX (3) Defendant Exhibits Appendix F (marked “DX (4) Third-Party Exhibits -- appendix G (use Arabic numerals prefixed by initial of party. ”) ”) ”) m. INSTRUCTIONS: The above exhibits will be deposited with the Court’s Deputy Clerk not later than 4:00 p.m. on the third working day prior to trial. G. Depositions Suggested Language: “Testimony of the following witnesses will be offered by deposition (read or videorecorded)”; OR “No testimony will be offered by deposition” 32 H. Discovery Suggested Language: “Discovery has been completed” OR “The following provisions have been made for discovery.” I. Pending Motions Suggested Language: “The following motions are pending at this time” OR “There are no pending motions at this time.” J. Miscellaneous orders INSTRUCTIONS: Set forth any orders not properly includable elsewhere. V. MODIFICATION Suggested Language: “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. SETTLEMENT EFFORTS Suggested Language: “The parties have made a good faith effort to negotiate a settlement,” or otherwise describe the status of settlement negotiations. VII. TRIAL TO A JURY PROPOSED INSTRUCTIONS --- Suggested Language: “The parties have submitted proposed jury instructions as required by Judge Michael J. Newman’s Standing Order Governing Civil Cases.” Counsel for Plaintiff(s): Counsel for Defendant(s): Approved following Final Pretrial Conference: Hon. Michael J. Newman United States District Judge 33 Appendix D 34 VOIR DIRE QUESTIONS BY THE COURT The Court will first conduct a preliminary examination, typically using questions such as the following. 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 the Court already has put to the panel. 1. I am now going to read the names of the parties and the witnesses that you may be hearing fromin this case. Please listen to the list carefully as I will be asking you whether you know any of these people. First, as I just told you, the Plaintiff is represented by . Seated at the counsel table with is . At the next table is the Defendant in this case of . The Plaintiff may call the following persons as witnesses: . He [or she] is represented by The Defendant in this case may call the following persons as witnesses: Is any panel member related by blood 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? 2. 3. Has any panel member 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? OUTLINE THE COUNTS IN THE COMPLAINT Does any panel member have prior knowledge or information about the allegation(s) made against the Defendant(s), 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: i. ii. iii. iv. v. vi. From what source did you hear about this case (newspaper, TV, radio, conversation with others)? How many times did you hear or read about it? Do you remember specifically what you heard or read? Did what you heard or read cause you to have any feeling concerning the merits of the parties’ claims? Did what you heard or read cause you to have a favorable or an unfavorable impression concerning the parties? 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)? 35 5. If any panel member has served as a juror in the federal or state court -- either in a civil orcriminal 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 Plaintiff or Defendant? 7. 8. 9. Is there any reason in your mind why you cannot hear and consider the evidence and render a fair and impartial verdict? 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. 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. Has any panel member formed or expressed any opinion as to the liability of the Defendant(s)? 11. Does any panel member have: a. b. Any transportation problem? For example, does anyone have difficulty getting to or from the courthouse? 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? 12. The Court and counsel estimate this trial will last panel member have any immediate family or personal reason or situation which persuades you that you cannot serve asa juror during this period and give your undivided attention to this case? days. Does any 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? 1

=== Standing Order Governing Criminal Cases ===

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION, AT DAYTON STANDING ORDER GOVERNING CRIMINAL CASES Effective as of November 22, 2024 Notice to Counsel: New Requirements for Motions, Including Motions to Suppress Notice to counsel: New AI Provision Effective as of August 27, 2025 Hon. Michael J. Newman United States District Judge Walter H. Rice Federal Building & U.S. Courthouse 200 West Second Street, Room 505 Dayton, Ohio 45402 [email protected] Courtroom Deputy/Judicial Assistant: Claire McDowell (937) 512-1640 [email protected] Court Reporter: Julie Hohenstein (937) 512-1639 [email protected] TABLE OF CONTENTS I. GENERAL PROVISIONS ................................................................................................ 1 II. TRIAL DATE ..................................................................................................................... 1 III. INITIAL SCHEDULING ORDER .................................................................................. 2 IV. DISCOVERY AND INSPECTION .................................................................................. 2 V. MAGISTRATE JUDGE PRACTICE .............................................................................. 3 VI. MOTIONS .......................................................................................................................... 3 VII. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION .................................................. 5 VIII. PLEA NEGOTIATIONS AND PLEA AGREEMENTS ................................................ 6 IX. EXHIBITS .......................................................................................................................... 6 X. STIPULATIONS ................................................................................................................ 7 XI. WITNESSES AT TRIAL .................................................................................................. 8 XII. STATEMENT OF THE CASE ......................................................................................... 8 XIII. VOIR DIRE EXAMINATION .......................................................................................... 9 XIV. CHALLENGES .................................................................................................................. 9 XV. PREEMPTORY CHALLENGES .................................................................................... 9 XVI. JURY INSTRUCTIONS ................................................................................................. 10 XVII. PRESENTENCE INVESTIGATION REPORT ........................................................... 10 XVIII. SENTENCING ................................................................................................................ 11 XIX. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION ................................................ 12 XX. PAGE LIMITATIONS AND FORMATTING ............................................................. 12 XXI. CONCLUSION ................................................................................................................ 13 XXII. APPENDICES .................................................................................................................. 14 VOIR DIRE QUESTIONS BY THE COURT .......................................................................... 16 I. GENERAL PROVISIONS The Local Criminal Rules of the United States District Court for the Southern District of Ohio, including the Introductory Statement on Civility, which applies in criminal cases, shall be strictly adhered to by all parties and counsel appearing before the undersigned and will be strictly enforced by the Court. This Standing Order replaces Dayton General Order No. 12-01 for all criminal cases assigned to the undersigned. On or after the effective date of this Standing Order, all counsel of record are charged with knowledge of the procedures and requirements contained herein. The Court reserves the right to impose sanctions for violations of the Local Rules or Civility Statement. II. TRIAL DATE Each criminal case will be set for trial on the Monday prior to the expiration of the Speedy Trial Act deadline, 18 U.S.C. § 3161, at 9:30 A.M. The final pretrial conference will be scheduled on a date and time approximately two weeks before trial. All trial counsel and the defendant must appear in person at the final pretrial conference. However, the Court retains the ability to schedule a final pretrial conference by telephonic or virtual means when warranted. The Court appreciates the scheduling challenges confronting attorneys, especially when they represent many clients and have trials and other matters pending in both federal and state courts. As experienced attorneys well know, the Speedy Trial Act imposes a 70-day deadline, with limited exceptions, by which trial of federal criminal defendants must commence. 18 U.S.C. §§ 3161(c)-(h). In order to comply with the demands of the Speedy Trial Act, the fact that a defendant’s attorney has or may have a trial scheduled to begin in state court will not constitute a sufficient basis for requesting a continuance of a trial date set by this Court, absent extraordinary circumstances. If a defendant’s trial counsel is unavailable for trial in this Court on the date it is scheduled to commence, he or she must ensure that substitute trial counsel will be present and fully prepared to represent the defendant on the first day of trial and thereafter, if necessary. III. INITIAL SCHEDULING ORDER In lieu of holding a preliminary pretrial telephone conference, the Court will issue an initial scheduling order after the arraignment, assigning: (1) a discovery deadline pursuant to Fed. R. Crim. P. 16.1; (2) a pretrial motion deadline; (3) a status report deadline (approximately 2 weeks before the trial date); (4) a trial date; and (5) the Speedy Trial Act deadline.1 The parties should file a proposed scheduling order listing these five dates, which the Court remains free to adopt. As mentioned further below, the Court is amenable to moving these deadlines upon the parties’ motion, rather than conducting a telephone conference to discuss a continuance. The initial scheduling order shall also include a joint motion, as an appendix, for the Court to permit the defendant to change his or her plea, should defendant elect to plead guilty. Pursuant to Fed. R. Crim. P. 11, the Court shall not participate in plea negotiations and takes no position on whether a defendant changes his or her plea. See Fed. R. Crim. P. 11(c)(1). IV. DISCOVERY AND INSPECTION Defense counsel are directed to contact the Assistant United States Attorney in charge of the prosecution of a case to arrange a meeting for the purpose of resolving all discovery 1 Under Fed. R. Crim. P. 16.1, the parties shall meet and confer no later than 14 days after the arraignment. The Court’s scheduling order will correspond with that deadline. 2 requests provided for under the Federal Rules of Criminal Procedure, including Rule 16. Pursuant to the discovery deadline as imposed in the scheduling order, the government shall make the required disclosure of discoverable evidence under the terms and conditions of Rule 16. The discovery meeting shall be held as promptly as possible. If, at any time during the course of these proceedings, any party fails to comply with Rule 16, such failure shall be brought to the Court’s attention by a motion to compel discovery. Motions to compel shall be filed no later than seven days from the date of a party’s denial of the initial discovery request. V. MAGISTRATE JUDGE PRACTICE All criminal cases assigned to the undersigned, upon filing, are hereby referred by this Standing Order to the assigned Magistrate Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A), (B), and (C) and § 636(b)(3). The Magistrate Judge is authorized to perform any preliminary functions up and until the filing of the information or indictment. The Court reserves the right to delegate disposition of pretrial matters to the Magistrate Judge subject to any limitations imposed by the Constitution or laws of the United States. VI. MOTIONS All motions of any kind, by the defendant or by the government, shall be filed no later than the deadline set forth in the Court’s initial scheduling order. Each memoranda in opposition -- other than a response to a motion to suppress evidence -- shall be filed no later than 21 days after the filing of said motion. A reply memoranda shall be filed no later than 14 days after the filing of a memorandum in opposition. Upon the filing of any 3 motion, the movant shall state whether, and for what reasons, an evidentiary hearing is required. If the Court agrees, an evidentiary hearing will be scheduled. With the exception of motions to suppress, counsel shall file motions in compliance with S.D. Ohio Civ. R. 7.2 and 7.3. See S.D. Ohio Crim. R. 1.2 (Local Civil Rules shall apply to criminal actions with exceptions established in Rule 1.3). Counsel for the movant shall state whether opposing counsel consents to, or will oppose, the pending motion. If opposing counsel does not respond to the request, the motion shall state that such an attempt occurred. a. Motions to Suppress Evidence Each motion to suppress shall be accompanied by a memorandum in support containing a statement of each constitutional claim supported by a detailed analysis with citation of authorities relied on.2 Each motion to suppress shall state whether the defendants seeks oral argument on the motion or an evidentiary hearing. If the defendant seeks an evidentiary hearing for the purpose of challenging an affidavit presented in support of a search warrant, defense counsel’s memorandum shall address the “substantial preliminary showing” required by Franks v. Delaware, 438 U.S. 154, 155-56 (1978). E.g., United States v. Young, 847 F.3d 328, 348 (6th Cir. 2017). The Court reminds counsel for the parties, “issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.” United States v. Robinson, 390 F.3d 853, 886 (6th Cir. 2004) (cleaned up). 2 Both the defendant and the Government’s counsel are reminded, “issues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.” United States v. Robinson, 390 F.3d 853, 886 (6th Cir. 2004) (cleaned up). 4 The Government shall file a memorandum in opposition within 21 days after the date the motion to suppress is docketed. No further briefing will be permitted absent leave of court. b. Motions in limine Motions in limine shall be filed before the date of the Final Pretrial Conference. Usually, the Court will assign a motion in limine deadline in a scheduling order setting the Trial and Final Pretrial Conference Dates. The Court will consider exceptions to this deadline for impeachment evidence under Fed. R. Evid. 609. c. Motions for continuance Any motion for a change of the trial date shall be in writing and should be made at least seven days prior to the scheduled trial date. Motions for continuances shall set forth those Speedy Trial Act factors listed in 18 U.S.C. § 3161(h)(7)(B) that the movant contends support the motion. The Court prefers all requests for continuances be made by motion, rather than scheduling phone conferences. The Court remains amenable to continuances made by written motion, provided that the parties adhere to the mandates of the Sixth Amendment and the Speedy Trial Act. VII. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION No attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, or Internet search engines, such as Google or Bing. All parties and their counsel have a duty to immediately inform the Court if they discover the 5 use of AI in any document filed in their case. The purpose of this provision is not to prevent parties from using AI tools, such as legal search engines or Microsoft Suite products but, rather, to prevent counsel and pro se parties from citing false, misleading and/or hallucinated cases and law. VIII. PLEA NEGOTIATIONS AND PLEA AGREEMENTS Plea agreement discussions between the government and defense counsel pursuant to Rule 11 of the Federal Rules of Criminal Procedure shall commence as soon as practicable. If a plea agreement is reached, counsel shall notify the Court by filing a joint motion to change plea, asking the Court to permit the defendant to change his or her plea. A sample joint motion is attached to this Standing Order as Appendix B. A change of plea hearing with the duty United States Magistrate Judge will be scheduled soon thereafter. The Court will consider plea agreements reached under Fed. R. Crim. P. 11(c)(1)(C). For Rule 11(c)(1)(C) pleas, the Court prefers a specific sentence instead of a sentencing range. IX. EXHIBITS Exhibit lists Unless otherwise ordered, counsel shall submit to the Court’s chambers three typed copies of a list of proposed exhibits no later than seven days before the trial date. Exhibit lists shall be three-hole punched. The exhibit list shall include the proposed exhibit number or letter and a substantial description of each exhibit. Joint exhibit shall be identified with the designation JX followed by its sequential number, e.g., JX1, JX2. The government shall identify its exhibits with the designation G (for government) followed by its sequential number, e.g., 6 GX1, GX2. Defendant shall identify his or her exhibits with the designation of “D” (for Defendant) and its alphabetically sequential letter, e.g., DXA, DXB. In cases involving multiple defendants, questions regarding how to properly mark exhibits will be discussed during the final pretrial conference. Trial exhibits Each party intending to offer exhibits will mark the exhibits before trial begins. Seven days before trial begins, counsel shall provide the original and two copies of the exhibits to the Court and one copy to opposing counsel. The exhibits provided to the Court should be three-hole-punched and placed in binders. A copy of the exhibit list should precede the exhibits in the binders prepared for the Court.3 At trial, 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 shall specify the exhibit number or designation involved to ensure a clear record. Exhibits introduced for the first time during trial, i.e., exhibits used for impeachment, must be distributed to opposing counsel and the Court in the same quantity and format as exhibits produced before trial. Counsel is responsible for any exhibits expected to be used during trial. At the end of each trial session, counsel shall return all original exhibits to the Courtroom Deputy. X. STIPULATIONS Three copies of any and all stipulations shall be submitted to the Court at least seven days before the scheduled trial date. 3 Counsel, by motion, may request a different method of handling exhibits. 7 XI. WITNESSES AT TRIAL Witness lists The government shall submit to the Court’s chambers two copies of its witness list within three business days before the scheduled trial date. The defendant may, and is strongly encouraged to, submit his or her two copies of his or her witness list three business days before the scheduled trial date. One copy shall be in physical format and the other copy shall be emailed in a Microsoft Word document to [email protected]. Sequestration of witnesses If the parties opt to sequester witnesses, then said witnesses shall not be allowed to view in the courtroom gallery during trial, pursuant to Fed. R. Evid. 615. This is subject to the exceptions listed in Fed. R. Evid. 615(a)–(d). Remote witnesses The Court prefers live, in-person testimony from witnesses, so it will not allow parties to opt to have witnesses testify via videoconferencing software absent extraordinary circumstances. XII. STATEMENT OF THE CASE An Agreed Joint Statement of the Case shall be submitted to Court approximately seven days before trial. The Statement of the Case shall be read to potential jurors by the Court prior to voir dire. 8 XIII. VOIR DIRE EXAMINATION Prospective jurors will be seated in numerical order in the courtroom. The entire panel of prospective jurors -- persons seated in the jury box and persons seated in the courtroom benches -- will be examined in one continuous examination. Each prospective juror will be assigned a “juror number” by the Clerk’s Office. Counsel will receive a list of the jurors’ names and numbers prior to jury selection. When interrogating a juror, counsel shall refer to the juror by number only. The Court will conduct a preliminary voir dire examination tailored to the issues in the case.4 Defense counsel and the government will then be permitted to ask additional questions. During voir dire, counsel shall address their questions to the entire panel. Counsel may not question an individual juror unless the answer of a specific juror justifies further inquiry. XIV. CHALLENGES The juror challenge process will occur after questioning and in the Court’s chambers. The entire panel, not just prospective jurors seated in the jury box, shall be accepted, challenged for cause, or peremptorily challenged in a continuous sequence with reseating prospective jurors. XV. PREEMPTORY CHALLENGES Peremptory challenges in single-defendant cases will be exercised as follows: a. United States exercises its first challenge b. Defendant exercises his or her first challenge 4 For a list of preliminary voir dire questions, see infra Appendix A. 9 c. United States exercises its second challenge d. Defendant exercises his or her second and third challenges e. United States exercises its third challenge f. Defendant exercises his or her fourth and fifth challenges g. United States exercises its fourth challenge h. Defendant exercises his or her sixth and seventh challenges i. United States exercises its fifth challenge j. Defendant exercises his or her eighth and ninth challenges k. United States exercises its sixth challenge l. Defendant exercises his or her tenth challenge Any party that “passes” (i.e., forgoes to exercise a challenge in the order prescribed) has thereby “used” their challenge but does not waive any remaining challenges. After twelve jurors have been fully qualified, and counsel state that they are satisfied with the jury, peremptory challenges as to the alternate juror(s) will then be exercised in the same manner. XVI. JURY INSTRUCTIONS At least seven days before the scheduled trial date, counsel shall file proposed, substantive jury instructions that state the governing law with appropriate case citations. The Court encourages counsel to use the United States Sixth Circuit Pattern Jury Instructions where practical. XVII. PRESENTENCE INVESTIGATION REPORT The Court will order the Probation Department to conduct and complete a presentence investigation report, i.e., PSI/PSR, consistent with S.D. Ohio Crim. R. 32.1 following a 10 defendant’s conviction or entry of a guilty plea. Parties shall submit their objections to PSI/PSR to the Probation Department within twenty-one (21) days of receipt. Untimely objections will be denied absent a showing of good cause for untimely filing. A party must offer more than a bare objection to the initial presentence investigation report. The Court will hold an evidentiary hearing on the objections upon a showing of a genuine dispute with the facts set forth in the PSI/PSR and will hold oral argument on legal objections prior to sentencing. Factual objections must be substantiated by evidence, such as an affidavit, capable of calling into question the correctness or reliability of the facts alleged in the PSI/PSR by the Probation Department. Legal objections must identify specific alleged errors with the Probation Department’s application of the U.S. Sentencing Guidelines to the facts stated in the PSI/PSR. Preferably, all information and materials relating to requests for upward departures and upward variances (and, likewise, for downward departures, and downward variances) should be presented, whenever possible, to the Probation Department during the Pre- Sentence Investigation Report (PSR) drafting process so those matters can be made part of the PSR. If, for some reason, that is not feasible or possible, such matters shall be presented to the Court in a Court filing (under seal, if necessary) no later than TEN DAYS PRIOR to the sentencing hearing. If such materials are not presented to the Court in a timely manner, the Court reserves the right to not consider them. The Court remains willing, in most cases, to meet with counsel for both sides prior to the sentencing hearing. XVIII. SENTENCING Unless ordered otherwise, parties shall submit sentencing memoranda no later than SEVEN DAYS PRIOR to the sentencing hearing. Objections to the PSI/PSR raised for 11 the first time in sentencing memoranda, or at the sentencing hearing, shall not be considered absent good cause. XIX. ARTIFICIAL INTELLIGENCE (“AI”) PROVISION No attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, Internet search engines, such as Google or Bing, or Microsoft Suite products or the equivalent, such as Word. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in their case or an opponent’s case. The purpose of this provision is not to prevent parties from using AI tools, such as legal search engines or Microsoft Suite products but, rather, to prevent counsel and pro se parties from citing false, misleading and/or hallucinated cases and law. XX. PAGE LIMITATIONS AND FORMATTING While the Court prefers that memoranda not exceed the 20-page limitation set forth in S.D. Ohio Civ. R. 7.2(a)(3), leave of court is not required to file a memorandum exceeding that page limitation. However, parties filing memoranda longer than 20 pages in length shall comply with all other requirements of S.D. Ohio Civ. R. 7.2(a)(3). All documents, briefs, and memoranda shall comport with the following specifications: (1) one-inch margins on all sides; (2) main body of the text in 12-point, Times New Roman 12 font; (3) footnote text in at least 10-point font in the same typeface as the main body of the text; and (4) citations in the main body of the text, not in footnotes. XXI. CONCLUSION Unless a motion to continue has been filed or some other events under 18 U.S.C. § 3161(h)(1) through (8) has occurred that would exclude time from the Speedy Trial Act deadline, the parties are required to fully comply with the requirements and deadlines contained in this Order. IT IS SO ORDERED. December 14, 2023 s/Michael J. Newman Hon. Michael J. Newman United States District Judge 13 XXII. APPENDICES The following forms are available for the parties to use throughout the course of litigation: 1. Appendix A: Sample Voir Dire Questions 2. Appendix B: Sample Joint Motion to Permit Defendant to Change Plea 14 Appendix A 15 VOIR DIRE QUESTIONS BY THE COURT The Court will first conduct a preliminary examination, typically using the questions listed below. 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 the Court already has put to 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. First, as I just mentioned, the government is represented by . Seated at the counsel table with is . At the next table is the Defendant in this case of . . He [or she] is represented by The United States may call the following persons as witnesses: The Defendant may call the following persons as witnesses: Is any panel member related by blood 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? Has any panel member 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? OUTLINE THE OFFENSE PER INDICTMENT OR INFORMATION Does any panel member have prior knowledge or information about the crime(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. 2. 3. Follow-up Questions for Any Affirmative Responses: i. ii. iii. iv. v. vi. From what source did you hear about this case (newspaper, TV, radio, conversation with others)? How many times did you hear or read about it? Do you remember specifically what you heard or read? Did what you heard or read cause you to have any feeling concerning the merits of the parties’ claims? Did what you heard or read cause you to have a favorable or an unfavorable impression concerning the parties? Do you today have any impression or even a tentative opinion about the probable 16 outcome of this case? 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Does any panel member have any personal interest of any kind in this case, or in the defendant(s)? 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? 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? Is there any reason in your mind why you cannot hear and consider the evidence and render a fair and impartial verdict? Can you take the law as the Court instructs, without any reservation whatsoever, and apply the Court’s instructions on the law to the facts in this case? If you cannot do this, please hold up your hand. 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. 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. 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? Does any panel member feel bias -- or prejudice -- because the defendant(s) has (have) been charged by indictment (information) with a criminal offense(s) against the United States? 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. b. Any transportation problem? For example, does anyone have difficulty getting to or from the courthouse? 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. 16. The Court and counsel estimate this trial will last days. Does any panel member have any immediate family or personal reason or situation that prevents you from serving as a juror during this period and giving your undivided attention to this case? 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? 17 Appendix B 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON UNITED STATES OF AMERICA, Plaintiff, vs. [DEFENDANT], Defendant. Case No. 3: District Judge Michael J. Newman ______________________________________________________________________________ JOINT MOTION FOR DEFENDANT TO CHANGE PLEA ______________________________________________________________________________ The parties hereby jointly move this Court to permit the Defendant to change his or her plea in the above-captioned case. /s/ [Government Attorney Name] [Attorney Name] ([Bar Number]) Assistant United States Attorney 200 West Second Street Dayton, OH 45402 Telephone: [insert phone number] Email: [insert email address] Attorney for Plaintiff /s/ [Defendant Attorney Name] [Attorney Name] ([Bar Number]) [Insert Firm Name] [Insert Address] [Insert City, State Zip Code] Telephone: [insert phone number] Email: [insert email address] Attorney for Defendant 19

=== Standing Order re: Opportunities for Oral Arguments, in Civil Cases, by Newer Attorneys ===

STANDING ORDER RE: OPPORTUNITIES FOR ORAL ARGUMENTS, IN CIVIL CASES, BY NEWER ATTORNEYS The United States District Court for the Southern District of Ohio is a teaching court. Each year, scores of law students serve as externs in the chambers of Magistrate Judges and District Judges. Externs are a valuable resource and, through their work at the Court, they begin to learn the basics of federal litigation. Judges of the Court also engage in outside educational activities such as lecturing, teaching and writing. The Court, likewise, seeks to afford newer lawyers (licensed six years or less) with opportunities to be more active in the litigation process. To that end, Judge Newman encourages less experienced members of legal teams representing clients to argue motions they have helped prepare, and to question witnesses with whom they have worked. Opportunities to train newer attorneys in oral advocacy are rare because of the decline of trials. Instead, less experienced lawyers are often silent participants in oral argument proceedings. Where lawyers newer to the practice are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged nonetheless to have a speaking role in court. Their law firms should also encourage their participation. Judge Newman is amenable to permitting a number of lawyers to argue for one party if this helps create opportunities for a lawyer newer to the practice to participate. Nevertheless, the ultimate decision of who speaks on behalf of the client is for the client and the lawyer in charge of the case to decide, not for the Court. Judge Newman adopts the following procedures relating to oral argument of civil motions: After a civil motion is fully briefed, any party may alert the Court by a docketed Notice that, if oral argument is granted, the noticing party intends to have a newer attorney (who has graduated from law school within the past six years) argue the motion (or a portion of the motion). Any other party may file a similar Notice addressing counsel’s desire to staff the argument with a newer attorney, but the Court will not entertain opposition briefing or lengthy memoranda. If such a Notice is docketed, the Court will grant the request for oral argument if it is practicable to do so, will schedule it immediately (thereby advancing its expeditious resolution), and will strongly consider allocating more time for oral argument beyond what the Court may otherwise have permitted were a newer attorney not arguing the motion. Moreover, during oral argument, the Court, as appropriate, will permit other, more experienced counsel of record to provide assistance to the newer attorney who is arguing the motion. If counsel’s request for oral argument is granted, opposing counsel is not in any way compelled to send a newer lawyer to argue as well; it remains perfectly acceptable for a seasoned practitioner to argue the opposite side of the motion. All attorneys, including newer attorneys, will be held to the highest professional standards. All attorneys appearing in court are expected to be adequately prepared, thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding. The Court recognizes that there may be many different circumstances in which it is inappropriate for a newer attorney to argue a motion. The Court emphasizes that it draws no inference from a party’s decision not to have a newer attorney argue a motion. The Court will draw no inference whatsoever about the importance of a particular motion, or the merits of a party’s argument regarding a motion, from the party’s decision whether or not to have a newer attorney argue the motion. The participation of newer attorneys in all court proceedings -- including, but not limited to preliminary pretrial conferences, hearings on discovery disputes and motions, dispositive motions, final pretrial conferences, and examination of witnesses at trial -- is strongly encouraged. In complex cases, the Court will inquire at the preliminary pretrial conference how the parties intend to provide opportunities for newer lawyers to participate actively in the case, especially by, inter alia, arguing motions and examining witnesses at trial. The purpose of this Standing Order is to facilitate one generation’s teaching of the next how to argue and try cases, and to maintain and strengthen the Southern District of Ohio’s reputation for excellence. IT IS SO ORDERED. Dated: January 25, 2021 s/Michael J. Newman Hon. Michael J. Newman United States District Judge Page 2 of 2