Standing Order on Opportunities for Less-Experienced Attorneys; Standing Order in All Cases Involving a Defendant Seeking Release from Custody Due to the COVID-19 Pandemic; Standing Order re Briefing Schedule for Motions for Release Due to COVID-19; Civil Trial Scheduling Order and Procedures for Tr

=== Standing Order on Opportunities for Less-Experienced Attorneys ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION STANDING ORDER ENCOURAGING OPPORTUNITIES FOR NEWER ATTORNEYS. : : : Chief Judge Algenon L. Marbley : : : ORDER This Court issues this Standing Order to encourage greater opportunities for participation at oral argument, hearings, and trial for less-experienced attorneys. The volume of civil cases that go to trial has been on the decline for several decades,1 and civil motions are likewise often decided without a hearing. Younger attorneys are receiving fewer opportunities than ever to argue motions, question witnesses, or address the court. This is often true even when younger attorneys contributed substantially to the preparation for the matter under consideration. But the federal courts have a responsibility to teach and to nurture the next generation of lawyers. In an effort to combat the decline in “stand-up” opportunities for less-experienced lawyers, many federal district courts and judges have adopted policies intended to remedy this problem, including Judge Sarah D. Morrison of this Court.2 I now do likewise: 1. 2. 3. This Standing Order applies to all civil cases on my docket. After a civil motion is fully briefed, any party may file a Notice on the docket requesting oral argument on the motion and representing that, if oral argument is granted, a newer attorney will argue the motion or a portion of the motion. I will not entertain opposition briefing. A newer or less-experienced attorney is one who has graduated from law school within the past six (6) years. 1 See Graham K. Bryant & Kristopher R. McClellan, The Disappearing Civil Trial: Implications for the Future of Law Practice, 30 REGENT U.L. REV. 287, 293 fig.1 (2018) (showing the decline in civil trials in federal district courts from a high of over 12,000 in 1985 to less than 3,000 in 2016). 2 See Hon. Sarah D. Morrison, U.S. District Court for the Southern District of Ohio, Standing Order Re: Civil Cases (adopted Oct. 18, 2019), available at: https://perma.cc/Q79Q-3JM3; see also Hon. Kimberly A. Jolson, The Power of Suggestion: Can a Judicial Standing Order Disrupt a Norm?, 89 U. CIN. L. REV. 455, 475 n.81 (2021) (collecting examples). 1 4. 5. 6. 7. The Court will grant the request if it is practicable to do so. If the request is granted, the argument will be scheduled on an expedited basis, thus advancing the resolution of the underlying motion. Experienced counsel is permitted to assist and/or accompany the newer attorney during oral argument. Opposing counsel need not put forward a newer or less-experienced attorney to argue in opposition, though such practice is encouraged. The Court will draw no inferences from a party’s decision not to have a newer attorney argue a motion—about the party, its position, the importance or merits of the motion, etc. Nor should this Order be interpreted to require newer attorneys argue motions before this Court. The Court expects all attorneys who appear before it, whether she has years of experience or is new to the practice of law, to meet the highest professional standards. All attorneys are expected to be prepared adequately and familiar with the relevant factual background and applicable law and to advocate zealously for to possess authority their clients. Similarly, all attorneys are expected commensurate with the proceeding they are assigned to handle. Lastly, the Court strongly encourages the participation of newer attorneys in all court proceedings, not just arguments on civil motions, including inter alia at pretrial conferences and during trial. IT IS SO ORDERED. DATE: September 19, 2023 ALGENON L. MARBLEY CHIEF UNITED STATES DISTRICT JUDGE 2

=== Standing Order in All Cases Involving a Defendant Seeking Release from Custody Due to the COVID-19 Pandemic ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION STANDING ORDER IN ALL CASES INVOLVING A DEFENDANT SEEKING RELEASE FROM CUSTODY DUE TO THE COVID-19 PANDEMIC : : CHIEF JUDGE ALGENON L. MARBLEY : : : This Court’s Standing Order of April 6, 2020, is hereby rescinded and is superseded by ORDER the Southern District of Ohio’s Amended General Order 20-21. IT IS SO ORDERED. ALGENON L. MARBLEY CHIEF UNITED STATES DISTRICT JUDGE DATED: October 14, 2020

=== Standing Order re Briefing Schedule for Motions for Release Due to COVID-19 ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION STANDING ORDER IN ALL CASES INVOLVING A DEFENDANT SEEKING RELEASE FROM CUSTODY DUE TO THE COVID-19 PANDEMIC : : JUDGE ALGENON L. MARBLEY : : : ORDER This Court issues this Standing Order in response to the recent outbreak of the COVID-19 virus in the Southern District of Ohio. This virus has sparked a worldwide pandemic, leading to the declaration of a state of emergency at both the federal and state levels of government. In response, health officials have urged the public to practice social distancing, avoidance of close contact with others, and to take appropriate hygiene measures. Given the difficulty in implementing these practices within detention facilities, the Court has seen a surge in criminal defendants filing motions for release from custody. This Standing Order shall apply to all cases on my docket where a Defendant is seeking release from custody due to the COVID-19 pandemic. Under Local Rule 7.2, a memorandum in opposition to any motion must be filed within twenty-one days after the date of service of the motion, and a reply memorandum must be filed within fourteen days after the date of service of the memorandum in opposition. See S.D. Ohio Local Rule 7.2(a)(2). Thus, the government’s response to a defendant’s motion for emergency release due to COVID-19 would be due three weeks after the defendant’s motion, and defendants would have an additional two weeks to reply. That could delay resolution of the defendant’s motion by more than one month. Because of the epidemic nature of COVID-19, and the need to afford expeditious relief on a meritorious motion, the Court finds the timeframe contemplated in Local Rule 7.2 to be too long. Hence, defense motions seeking relief from custody due to the COVID-19 pandemic will no longer be subject to the timeframe under Local Rule 7(a)(2). Instead, until further notice, the briefing schedule that the parties are to follow in these emergency release motions due to COVID- 19 is as follows: (1) (2) The Government’s memorandum in opposition to the Defendant’s motion for release shall be filed within seven (7) days after service of the motion. The Defendant’s reply memorandum, if any, shall be filed within three (3) days after service of the memorandum in opposition. IT IS SO ORDERED. DATED: April 6, 2020 _______________________________________ ALGENON L. MARBLEY CHIEF UNITED STATES DISTRICT JUDGE 2

=== Civil Trial Scheduling Order and Procedures for Trial Preparation ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION *, *, v. Plaintiff, Defendant. : : : : : : : : : Case No. * JUDGE ALGENON L. MARBLEY Magistrate * ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE This case is set for trial on Monday, * , 2012 at 9:00 a.m. In preparation for trial the Court has set the following schedule to which the parties are to adhere. The Court has included a statement of pretrial and trial procedures which the parties are to follow. Summary: (7 days before S.C.) Confidential assessment letter submitted to the Court for settlement conference. (35 days before trial date) Settlement conference. 21 days before trial date) Motions in limine, pretrial motions, and joint jury instructions and supplemental jury instructions, designation of deposition portions, witness statements, stipulations, and exhibit lists. (14 days before trial date) Memoranda contra pretrial motions or motions in limine, objections to supplemental jury instructions, objections to deposition designations, and final pretrial order. (10 days before trial date) Final pretrial conference, submission of proposed areas of questions for voir dire and trial briefs. (18 months after complaint) Trial - voir dire, opening statements and presentation of evidence. I. PRETRIAL PROCEDURE Trial Date This matter is set for a final pretrial conference on Friday, * , 2012 at * p.m. Trial shall begin on Monday, *, 2012 at 9:00 a.m. The Court will follow a four day week trial schedule, conducting the trial of this case from Monday through Thursday of each week until completion of the trial, and reserving Fridays for other matters. The Court will not continue the trial date except upon written motion supported by an affidavit demonstrating exceptional circumstances, made immediately upon the party's or counsel's receipt of notice of the existence of the exceptional circumstances. The Court uses a trailing docket, setting three to five civil cases to begin on the same day. Cases are tried in the order they were filed. If a case set for the same day goes to trial, then the parties and counsel in the next case shall remain prepared to go to trial on a standby basis for a period of two weeks unless the Court orders otherwise. Under the Speedy Trial Act, 18 U.S.C. § 3161-3174, and Fed. R. Crim. P. 50(a), the Court will give preference to any criminal matters it has set to take place the same time as the trial in this case. Fed. R. Civ. P. 40. Counsel may call the Courtroom Deputy, Betty Clark, at (614) 719-3265, to obtain information about whether other cases will go to trial before this case. 2 Settlement Conference This case is set for a settlement conference on * at 1:30 p.m. , under Fed. R. Civ. P. 16(a)(5) and (b)(9), before The Honorable Algenon L. Marbley, United States District Court, 85 Marconi Boulevard, Room 319, Columbus, Ohio 43215. Counsel and the parties shall adhere to the following with respect to the settlement conference: (1) (2) The trial attorney for each party must attend the conference. The parties or principals with settlement authority shall be present. 28 U.S.C. § 473 (b)(5); Fed. R. Civ. P. 16©. Upon written motion and for good cause shown, the parties or principals with settlement authority may satisfy the presence requirement by being available by telephone. Such motion must be made at least one (1) week in advance of the settlement conference. Failure to appear or failure to obtain the Court’s permission to appear by telephone shall result in sanctions against the offending party. (3) Lack of discovery or settlement authority will not excuse active participation in the conference. (4) No later than fourteen (14) days before the conference, each plaintiff must submit to counsel for all opposing parties a fully documented, written settlement demand; and (5) No later than ten(10) days before the conference, each opposing party must respond, in writing, to each settlement demand fully documenting that party's position. (6) On *, each party shall submit directly and only to the Court's Chambers a letter, not to exceed three pages, (a) explaining the party's theory of the case, (b) indicating its position 3 on settlement (in monetary terms, if applicable), and © setting forth all conditions necessary to achieve settlement (including non-monetary terms). (7) Before the conference counsel shall discuss with their clients whether this case would be appropriate for a summary jury trial or some other form of alternative dispute resolution. Fed. R. Civ. P. 16(b)(9); S.D. Ohio L.R. 53.1; see Judge Thomas D. Lambros, The Summary Jury Trial and Other Alternative Methods of Dispute Resolution, 103 F.R.D. 461 (1984). This Court has seen excellent results in summary jury trials in a wide variety of cases. The Court encourages the parties to consider seriously this option, which has consistently resulted in significant savings over the cost of a full trial. Any questions regarding the settlement conference should be addressed to the Court's Law Clerk, * at (614) 719-326*. Expert Witnesses The parties shall comply fully with all of the requirements of Fed. R. Civ. P. 26(a)(2), including the required disclosures at least ninety (90) days before the trial unless an earlier date has been set by a scheduling order issued by the Magistrate Judge. Statement of Witnesses Pursuant to Fed. R. Civ. P. 26(a)(3)(A), on *, 2012, the parties shall submit to the Court, and serve on opposing counsel, the names, addresses and occupations of all witnesses they intend to call at trial, with a brief summary of the witness' testimony (two to three sentences), the 4 purpose of that testimony, and the major issue about which the witness will testify. Failure to list a witness, except upon a showing of good cause, will preclude the use of that witness at trial. The witness lists shall comport with all of the requirements of Rule 26(a)(3)(A). Designation of Deposition Portions Pursuant to Fed. R. Civ. P. 26(a)(3)(A), on *, 2012 the parties shall submit to the Court, and serve on opposing counsel, the designations of any portions of depositions they intend to offer as evidence at trial.1 Failure to make a designation, except upon a showing of good cause, will preclude the use of the undesignated portion of a deposition at trial. The designation of deposition portions shall comport with all of the requirements of Fed. R. Civ. P. 26(a)(3)(A). Exhibits Counsel will assemble and mark all exhibits and deliver them to the courtroom deputy prior to the commencement of trial. Plaintiff's exhibits will bear the letter prefix P followed by Arabic numerals and Defendant's exhibits will bear the prefix D followed by Arabic numerals. Pursuant to Fed. R. Civ. P. 26(a)(3)(A), on *, 2012, each party shall exchange and file a list containing a brief description of each item of documentary or physical proof the party intends to offer in evidence as an exhibit at trial. Counsel should keep a list of all exhibits and should supply the Court, courtroom deputy and opposing counsel with a copy of the same. 1Do not designate portions to be used for impeachment on cross-examination. 5 Counsel will not approach the witness to tender an exhibit. Each exhibit will be placed before the witness by the courtroom deputy. In formulating a question to a witness dealing with an exhibit, counsel shall specify the exhibit designation so that the record will be clear. Each counsel is responsible for any exhibits secured from the courtroom deputy. At the end of each trial session, all exhibits shall be returned to the courtroom deputy. Counsel shall provide an exhibit list to the Court and opposing counsel prior to the commencement of trial as set forth in the Court's scheduling order. The parties shall use three-ring tabbed notebooks for their exhibits which will be submitted two (2) days before the trial. At trial, the parties shall provide the witness through the Courtroom Deputy the relevant volume(s) when the witness takes the stand. The parties shall provide one (1) copy of their tabbed exhibit notebook(s) to opposing counsel, and two (2) copies to the Court - one for the Judge, and one for the courtroom deputy (for use at the witness stand). Exhibits which are produced for the first time during trial, as in the case of exhibits used for impeachment, shall be tendered to the courtroom deputy for marking and then displayed to opposing counsel. Stipulations Counsel for the parties shall confer and reduce to writing all stipulations. Fed. R. Civ. P. 16(c)(1). The parties shall file any stipulations on *, 2012. 6 Pretrial Motions Any pretrial motions or motions in limine, shall be filed on *, 2012. A party's motions in limine and memoranda in support shall not exceed a total of fifteen (15) pages in length. The memoranda contra any motions in limine shall be filed on *, 2012. The memorandum contra shall not exceed a total of fifteen (15) pages in length. The Court will not accept any reply memoranda. Jury Instructions The Court will prepare preliminary and general jury instructions. The parties shall concentrate their efforts on any unusual or case-specific instruction areas. The parties shall submit jointly one set of agreed upon proposed case-specific jury instructions on *, 2012. If, after a concerted good faith effort, the parties are unable to agree upon one complete set of proposed case-specific instructions, then each party shall also submit on *, 2012, a supplemental set of case-specific instructions upon which they are unable to agree. Supplemental case-specific instructions shall include citations to binding authority. Number and label each instruction. The parties shall file any objections to the opposing party's supplemental set of instructions on *, 2012. All instructions shall be concise, understandable and neutral. For general jury instructions, the Court strongly prefers that the parties use the latest edition of Hon. Edward J. Devitt, Honorable Charles B. Blackmar, Michael A. Wolff, and Kevin F. O'Malley, Federal Jury Practice and Instructions (West). For instructions concerning Ohio law, the Court strongly prefers that the parties use the latest edition of Ohio Jury Instructions (Anderson). The Court, 7 however, welcomes any effort by counsel to make the instructions from these sources more direct, understandable, and concise. Final Pretrial Order The parties shall submit a joint proposed final pretrial order, using the attached form, on or before *, 2012. Trial Briefs The parties are to file trial briefs on or before *, 2012. All briefs shall comply with S.D. Ohio L. R. 5.1, with citations and references conforming to S.D. Ohio L. R. 7.2(b). Counsel should use their trial briefs to instruct the Court in advance of trial in any area of law upon which counsel will rely at trial. Therefore, the briefs should contain arguments, with citations to legal authority, in support of any evidentiary or other legal questions which may reasonably be anticipated to arise at trial. Computer Disks The Court encourages the parties to submit on three and one-half inch computer disks: (1) all proposed jury instructions; (2) all potentially case-dispositive motions, as well as the memoranda in support of and in opposition to such motions; and (3) any memoranda that exceeds five pages in length. The parties may submit such disks directly to chambers in care of the Court's law clerks.2 2The Court uses WordPerfect for Windows 6.1 with an IBM compatible system. 8 II. TRIAL PROCEDURE Counsel Tables Plaintiff will occupy counsel table next to the jury box. Defendant will occupy counsel table across from Plaintiff. Appearances Upon arrival, counsel will enter their appearance with the Court Reporter and the Courtroom Deputy Clerk before the start of the opening session of the trial or any other proceeding before the Court. Court Sessions Trials will be held Monday through Thursday of each week. Friday sessions are not held because the Court regularly schedules final pretrial conferences, criminal matters, and other motion hearings on that day. Morning session begins at 9:00 a.m. and will recess at approximately 10:30 a.m. for 15 minutes. Noon recess will be at approximately 12:00. Afternoon session begins at 1:00 p.m. and will recess at approximately 3:30 for 15 minutes. Court will adjourn at approximately 5:00 p.m. The parties and all counsel will be present at counsel tables at all sessions before the jury is brought into the courtroom and will remain at counsel tables until after the jury leaves the 9 courtroom at the end of all sessions. The parties and counsel will stand upon the entrance and exit of the jury. Addresses By Counsel Counsel will address the Court and the jury in the following manner: (a) Voir dire examination, opening statements and closing arguments will be conducted from the lectern facing the jury. (b) All addresses to the Court will be made from the lectern facing the Court. © Counsel shall stand when addressing the Court for any reason. Examination of Witnesses Counsel shall conduct their examination from the lectern. During direct examination and redirect, counsel may move about in the well of the Court as necessary. On cross-examination, however, counsel shall examine from the lectern. In advance of trial, counsel will instruct his or her witnesses to answer questions with courtesy. Evasive answers, answering a question with a question or disrespect to opposing counsel will not be permitted. Counsel are expected to extend equal courtesy to all witnesses. Counsel will wait until the witness has finished an answer before asking the next question. Multiple questions and repetitious questions will not be permitted. Counsel may not by any action, inflection or expression indicate disbelief of any witness's answer. Counsel shall admonish their clients and witnesses to desist from such conduct. 10 Witness shall be treated with fairness and consideration. They shall not be shouted at, ridiculed or otherwise abused. The untruthful or hostile witness can be examined firmly and extensively without abuse. When a party has more than one attorney, only one may conduct the direct or cross examination of a given witness. Counsel shall not approach a witness without asking the permission of the Court. When permission is granted for the purpose of working with an exhibit, counsel should resume the examination from the lectern when finished with the exhibit. Counsel are responsible for witnesses speaking so that their testimony will be easily heard by all members of the jury. Upon completing his or her examination of the witness, counsel shall advise the Court, after which the Court will advise opposing counsel to proceed. During examination of a witness, counsel will first obtain permission of the Court if he/she wishes to confer with co-counsel. Objections Counsel will stand when making an objection and will make the objection directly and only to the Court. When objecting, state only that you are objecting and state the grounds therefor. Objections shall not be used for the purpose of making speeches, repeating testimony, or to attempt to guide a witness or influence the jury. 11 Argument upon an objection will not be heard unless permission is given or argument is requested by the Court. Either counsel may request a bench conference. Decorum Colloquy, or argument between counsel will not be permitted. All remarks shall be addressed to the Court. Counsel shall maintain a professional and dignified atmosphere throughout the trial. Appearance, mannerisms, or habits that are designed to arouse the sympathy or prejudice of the jury are an impediment to an impartial trial and will not be permitted. During a trial, counsel shall not exhibit familiarity with witnesses, jurors, or opposing counsel and shall avoid the use of first names. No juror shall be addressed individually or by name. During opening statements and final arguments, all persons at counsel table shall remain seated and be respectful so as not to divert the attention of the Court or the jury. Do not ask the Court Reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. Depositions Counsel will confer in advance of trial and attempt to resolve objections by agreement. If any objections remain for ruling, counsel shall jointly prepare a list of objections identifying the page number and line(s) of the deposition where the objection will be found and stating in one sentence the grounds for the objection. This procedure applies to both written and video tape 12 depositions. Thus video tape depositions which contain objections must be accompanied by a full or partial transcript. The jointly prepared list of objections and grounds for the same shall be delivered to the Court on *, 2012. Video tape presentation must include all equipment and a method for editing the sound to delete testimony as to which the Court has sustained an objection. Demonstrative Evidence If any sketches, models, diagrams, or other demonstrative evidence of any kind will be used during the trial, they must be exhibited to opposing counsel one week prior to trial. Objections to the same must be submitted to the Court prior to the commencement of trial. Demonstrative evidence prepared solely for the purpose of final argument shall be displayed to opposing counsel at the earliest possible time but in no event later than one-half hour before the commencement of the arguments. Counsel must supply his/her own easel, flip charts, etc. for trial. Jury The Court will seat a jury of eight (8) members. In accordance with Fed. R. Civ. P. 48, all jurors shall participate in the verdict unless excused pursuant to Rule 47©. Unless the parties otherwise stipulate, the verdict shall be unanimous and no verdict shall be taken from a jury reduced in size to fewer than six (6) members. 13 Voir Dire Examination The whole panel of prospective jurors (i.e. those in the jury box and those seated in the rear of the courtroom) will be examined and accepted or challenged for cause and peremptorily challenged in one continuous examination. Each prospective juror is assigned a number by the Clerk's Office. Counsel will be provided with a list of the jurors' names and numbers prior to the commencement of trial. When challenging a juror, counsel should refer to the juror by name and number. The prospective jurors will be seated in numerical order in accordance with the diagram attached hereto as Exhibit A. The Court will conduct a preliminary voir dire examination tailored to the issues in the case being tried. Prior to trial, Counsel are to submit questions they would like the Court to include in its voir dire examination. Copies of such questions should be served on opposing counsel. Counsel may supplement the Court's examination, but they may not repeat in the same or in some other form any question already put to the panel by the Court. Counsel shall, at the final pretrial conference, submit in writing general areas of questions they would like to ask during voir dire. Counsel must address their questions to the whole panel in general and may not question an individual juror unless it develops from a question put to the whole panel that 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 14 Clerk's Office. Counsel should examine these questionnaires prior to the commencement of trial. Counsel may inquire regarding any omission in a jurors answer to the juror questionnaire or, after obtaining the Court's permission, regarding any inquiry justifiably elicited by information contained in the juror questionnaire. Challenges The entire panel shall be challenged for cause, jurors seated in the jury box and those seated in the rear of the Courtroom. Any jurors seated in the jury box who have been excused for cause will be replaced by the next available juror from the rear of the courtroom. Peremptory Challenges Each party will be entitled to three peremptory challenges. 28 U.S.C. 1870. The parties will exercise their peremptory challenges alternately with the plaintiff exercising the first challenge. If either party "passes", that challenge will be counted as used. Peremptory challenges will be directed only to the prospective jurors seated in the jury box. When a juror is excused, he or she will be replaced by the next available juror from the rear of the courtroom. Sanctions The parties and counsel shall comply fully and literally with this pre-trial order. The Court will consider the imposition of appropriate sanctions in the event of non-compliance, 15 including monetary sanctions, the dismissal of claims or defenses, or the exclusion of evidence. Fed. R. Civ. P. 16(f). Other Matters The Court will consider adopting any other pre-trial and trial management procedures upon which the parties agree. Fed. R. Civ. P. 16©. This order supersedes all previous orders in this case to the extent previous orders are inconsistent with this order. Parties are reminded that the use of mobile devices, including but not limited to text messaging and emailing, during status conferences before the Court is strictly prohibited. The parties shall address questions about this order to the Court's Law Clerk, *, at 614- 719-3263, by way of a telephone conference with counsel for all parties participating, or with fewer than all counsel participating with express permission of non-participating counsel. IT IS SO ORDERED. DATED: _______________________________ ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE 16

=== Criminal Trial Procedures ===

TRIAL PROCEDURES - CRIMINAL JURY TRIAL ALGENON L. MARBLEY UNITED STATES CHIEF DISTRICT JUDGE, SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION INTRODUCTION A criminal case in which you represent a party has been assigned to me for trial. You will want to know what is expected of you and your opponent. The following procedures are designed to deal with your case promptly and efficiently without impeding your ability to present your client’s case fully and fairly. COUNSEL TABLES The parties will occupy the counsel table chosen or agreed to before the opening of the first session of the trial. APPEARANCES Upon arrival, counsel will enter their appearance with the Court Reporter and the Courtroom Deputy Clerk before the start of the opening session of the trial or any other proceeding before the Court. COURT SESSIONS Under ordinary circumstances, trials will be held on Monday, Tuesday, Wednesday and Thursday of each week. Friday will usually be reserved for final pretrials, motions, preliminary injunctions, arraignments and sentencings. The morning session begins at 9:00 a.m. and will recess at approximately 10:30 a.m. for 15 minutes. Noon recess will be at approximately 12:00 p.m. The afternoon session begins at 1:00 p.m. and will recess at approximately 3:30 p.m. for 15 minutes. Court will adjourn at approximately 5:00 p.m. The parties and all counsel will be present at counsel tables at all sessions before the jury is brought into the courtroom, and will remain at counsel tables until after the jury leaves the courtroom at the end of all sessions. The parties and counsel will stand upon the entrance and exit of the jury. ADDRESSES BY COUNSEL Counsel will address the Court and jury in the following manner: (a) Voir dire examination, opening statements and closing arguments will be conducted from the lectern facing the jury. (b) All addresses to the Court will be made from the lectern facing the Court. (c) Counsel shall stand when addressing the Court for any reason. EXAMINATION OF WITNESSES Counsel shall conduct their examination from the lectern. During direct examination and re-direct, counsel may move about in the well of the Court as necessary. On cross- examination, however, counsel shall examine from the lectern. In advance of trial, counsel will instruct his or her witnesses to answer questions with courtesy. Evasive answers, answering a question with a question or disrespect to opposing counsel will not be permitted. Counsel are expected to extend equal courtesy to all witnesses. Counsel will wait until the witness has finished an answer before asking the next question. Multiple questions and repetitious questions will not be permitted. Counsel may not by any action, inflection or expression indicate disbelief of any witness’s answer. Counsel shall admonish their clients and witnesses to desist from such conduct. Witnesses shall be treated with fairness and consideration. They shall not be shouted at, ridiculed or otherwise abused. The untruthful or hostile witness can be examined firmly and extensively without abuse. When a party has more than one attorney, only one may conduct the direct or cross- examination of a given witness. Counsel shall not approach a witness without asking the permission of the Court. When permission is granted for the purpose of working with an exhibit, counsel should resume the examination from the lectern when finished with the exhibit. Counsel are responsible for witnesses speaking so that their testimony will be easily heard by all members of the jury. Upon completing his or her examination of the witness, counsel shall advise the Court, after which the Court will advise opposing counsel to proceed. During examination of a witness, counsel will first obtain permission of the Court if he or she wishes to confer with co-counsel. 2 OBJECTIONS Counsel will stand when making an objection and will make the objection directly and only to the Court. When objecting, state only that you are objecting and state the grounds therefor. Objections shall not be used for the purpose of making speeches, repeating testimony, or to attempt to guide a witness or influence the jury. Argument upon an objection will not be heard unless permission is given or argument is requested by the Court. Either counsel may request a bench conference. DECORUM Colloquy or argument between counsel shall not be permitted. All remarks shall be addressed to the Court. Counsel shall maintain a professional and dignified atmosphere throughout the trial. Appearance, mannerisms, or habits that are designed to arouse the sympathy or prejudice of the jury are an impediment to an impartial trial and will not be permitted. During a trial, counsel shall not exhibit familiarity with witnesses, jurors or opposing counsel and shall avoid the use of first names. No juror shall be addressed individually or by name. During opening statements and final arguments, all persons at counsel tables shall remain seated and be respectful so as not to divert the attention of the Court or the jury. Do not ask the court reporter to mark testimony. All requests for re-reading of questions or answers shall be addressed to the Court. MOBILE DEVICES Parties are reminded that the use of mobile devices, including but not limited to text messaging and emailing, during status conferences before the Court is strictly prohibited. EXHIBITS Counsel will assemble and mark all exhibits and deliver them to the Courtroom Deputy prior to the commencement of trial. All exhibits will bear the case number. Prosecution exhibits will bear the letter prefix P followed by Arabic numerals and Defendant’s exhibits will bear the prefix D followed by Arabic numerals. Counsel should keep a list of all exhibits and should supply the Court, Courtroom Deputy and opposing counsel with a copy of the same. 3 Counsel will not approach the witness to tender an exhibit. Each exhibit will be placed before the witness by the Courtroom Deputy. Each counsel is responsible for any exhibits secured from the Courtroom Deputy. At the end of each trial session, all exhibits shall be returned to the Courtroom Deputy. In formulating a question to a witness dealing with an exhibit, counsel shall specify the exhibit designation so that the record will be clear. Counsel shall provide an exhibit list to the Court and opposing counsel one week prior to the date of the final pretrial conference. The parties shall use three-ring tabbed notebooks for their exhibits which will be submitted two (2) days before the trial. At trial, the parties shall provide the witness through the Courtroom Deputy the relevant volume(s) when the witness takes the stand. The parties shall provide one (1) copy of their tabbed exhibit notebook(s) to opposing counsel, and three (3) copies to the Court - one each for the Judge, the law clerk, and the Courtroom Deputy (for use at the witness stand). Exhibits which are produced for the first time during trial, as in the case of exhibits used for impeachment, shall be tendered to the Courtroom Deputy for marking and then displayed to opposing counsel. STIPULATIONS Three (3) copies of stipulations shall be submitted to the Court one week before the scheduled final pretrial conference. VOIR DIRE EXAMINATION The whole panel of prospective jurors (i.e., those in the jury box and those seated in the rear of the courtroom) will be examined and accepted or challenged for cause and peremptorily challenged in one continuous examination. Each prospective juror is assigned a number by the Clerk’s Office. Counsel will be provided with a list of the jurors’ names and numbers prior to the commencement of trial. When challenging a juror, counsel should refer to the juror by name and number. The prospective jurors will be seated in numerical order in accordance with the diagram attached hereto as Exhibit A. The Court will conduct a preliminary voir dire examination tailored to the issues in the case being tried. Counsel are encouraged to submit prior to trial questions they would like the Court to include in its voir dire examination. Copies of such questions should be served on opposing counsel. 4 Counsel may supplement the Court’s examination, but they may not repeat in the same or in some other form any question already put to the panel by the Court. Counsel shall, at the final pretrial conference, submit in writing general areas of questions they would like to ask during voir dire. Counsel must address their questions to the whole panel in general and may not question an individual juror unless it develops from a question put to the whole panel that 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 relevant information contained in the juror’s questionnaire, which justifies such inquiry. CHALLENGES The entire panel (i.e., jurors seated in the jury box and in the rear of the courtroom) shall be challenged for cause and peremptorily challenged in a continuous sequence without reseating prospective jurors. It is counsel’s responsibility to determine the current make up of the jury by reference to the seating plan. PEREMPTORY CHALLENGES Peremptory challenges will be exercised as follows: (a) (b) (c) (d) (e) (f) (g) (h) (I) (j) (k) (l) United States exercises its first challenge Defendant exercises his first and second challenges United States exercises its second challenge Defendant exercises his third and fourth challenges United States exercise its third challenge Defendant exercises his fifth and sixth challenges United States exercises its fourth challenge Defendant exercises his seventh and eighth challenges United States exercises its fifth challenge Defendant exercises his ninth challenge United States exercises its sixth challenge Defendant exercises his tenth challenge If either party “passes,” (i.e., foregoes a challenge in the order prescribed), that party has thereby “used” the challenge. After the regular 12 jurors have been fully qualified, and counsel state that they are satisfied with the jury, the peremptory challenges as to the alternate juror(s) will then be exercised in the same manner. 5 JURY INSTRUCTIONS Requests for jury instructions should be filed two weeks before the scheduled final pretrial conference. Requests should be delivered directly to the Court or its law clerk. Copies shall be served on opposing counsel. Objections to any proposed instructions are due one week before the scheduled final pretrial conference. MOTIONS IN LIMINE All Motions in Limine must be filed two weeks in advance of the final pretrial. Responses are due one week before the scheduled final pretrial conference. SUMMARY OF DEADLINES Unless otherwise ordered by the Court, two weeks before the final pretrial conference date, counsel for the Government and Defendant are responsible for submitting to the Court copies of the following: (a) Motions in Limine (b) (c) (d) List of Witnesses List of Exhibits Proposed Jury Instructions Responses or objections, if any, to the above items are due one week before the final pretrial conference date. Stipulations are due one week before the final pretrial conference. IT IS SO ORDERED. _________________________________ ALGENON L. MARBLEY Chief United States District Judge 6

=== Order Setting Dates for Criminal Trials ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, vs. *, Plaintiff, Defendant. : : : : : : : : : ORDER Case No. CR2-12-* JUDGE MARBLEY The defendant having this date entered a plea of not guilty to the Indictment filed in this case, the Court hereby establishes the following schedule which will govern the course of this case from arraignment to trial. I. TRIAL DATE This case is set for trial on *, 2012 at 9:00 a.m. II. DISCOVERY AND INSPECTION The attorney for the defendant is directed to forthwith contact the Assistant U. S. Attorney in charge of the prosecution of this case, if prior contact has not been made, and arrange a meeting for the purpose of resolving all requests for discovery provided for under the Federal Rules of Criminal Procedure, including Rule 16. Upon request for discovery by the attorney for the defendant, pursuant to FRCrP Rule 16, the government shall make the required disclosure of evidence discoverable under the terms and conditions of Rule 16(b). The government shall then file a response to defendant's request for discovery within one week of the filing of the defendant's request. The discovery meeting, shall be held as promptly as possible and prior to * [1-2 weeks from arraignment]. If at any time during the course of these proceedings after the initial request any party fails to comply with FRCrP 16 such failure shall be brought to the attention of the Court by a specific motion to compel discovery. Motions to compel shall be filed one week from the date of a party's denial of the initial request. III. MOTIONS All motions of any kind, by the defendant or by the government, shall be filed on or before *[1-2 weeks from discovery meeting]. All briefs opposing said motions shall be filed on or before *[1 week later]. Reply briefs will not be filed. Upon the filing of any motion, the movant shall state therein whether an evidentiary hearing is required and the reasons therefor. If the Court agrees, a hearing will be set forthwith. IV. PLEA NEGOTIATIONS AND PLEA AGREEMENT Plea agreement discussions between the Assistant U.S. Attorney and the attorney for the defendant, pursuant to Rule 11(E), Federal Rules of Criminal Procedure, shall be commenced as soon as practicable. If a plea agreement is reached, notice thereof shall be given to the Court forthwith and a change of plea will be scheduled. Counsel are instructed to comply with District Order 815 dealing with pleas of guilty offered pursuant to a plea agreement, and pleas of guilty offered in the absence of a plea agreement. 2 V. MOTION FOR CONTINUANCE Any motion for a change of the trial date shall be in writing and shall be made at least ten days prior to the scheduled trial date and set forth those factors listed in Title 18 U.S.C. § 3161(h)(8)(B), which the movant contends support the motion. VI. PRETRIAL This matter is set for a Final Pretrial Conference on * [Friday before trial, at a.m.] Counsel shall be prepared to discuss the following matters: (A) Motions In Limine (B) Stipulations (C) Contested Legal Issues (D) Length of Trial (E) Voir Dire (1) (2) Procedure Number of Alternates (F) Need for Audio-Visual Equipment or Other Special Equipment (G) Jury Instructions (H) Miscellaneous Issues VII. TRIAL PROCEDURES Counsel are instructed to review thoroughly the attached trial procedures, fully incorporated into this Order, which set out the procedures to be followed at trial. The Order 3 further notes that the following items must be filed with the Court on or before [1 week before pretrial]: (A) Motions In Limine (B) Proposed Jury Instructions (C) Stipulations (D) List of Exhibits Parties are reminded that all deadlines set forth in this Order are firm. The parties SHALL file or submit to the Court's chambers all required documents by the dates set forth in this order unless prior approval of the Court for filing on a later date has been obtained from the Court. Parties are also reminded that the use of mobile devices, including but not limited to text messaging and emailing, during status conferences before the Court is strictly prohibited. DATED: June 3, 2012 s/Algenon L. Marbley ALGENON L. MARBLEY United States District Judge 4

=== Pretrial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, vs. Defendant. : : : : : : Case No. JUDGE MARBLEY FINAL PRETRIAL ORDER (REQUIRED FORM) The Court held a final pretrial conference in this case on ______________ at ____ a.m., pursuant to Fed. R. Civ. P. 16. I. APPEARANCES: For Plaintiff: For Defendant: II. NATURE OF ACTION A. B. This is an action for The jurisdiction of the Court is invoked under Title ________, United States Code, Section _____. C. The jurisdiction of the Court (is) (is not) disputed. III. TRIAL LENGTH: The estimated length of trial is ____ days. IV. AGREED STATEMENTS AND LISTS: A. General Nature of Claims of the Parties Plaintiffs' Claims: (set out brief summary without detail; an itemized statement of 1. special damages should be included.) 2. Defendants' Claims: (set out brief summary without detail.) B. Uncontroverted Facts Suggested language: The following facts are established by admissions in the pleadings or by stipulations of counsel. (set out uncontroverted or uncontested facts in chronological order.) C. Contested Issues of Fact and Law 1. Contested Issues of Fact. Suggested language: The contested issues of fact remaining for decision are . . . (set out a brief statement of the remaining contested issues of fact.) 2. Contested Issues of Law. Suggested language: The contested issues of law in addition to those implicit in the foregoing issues of fact, are . . . (set out a brief statement of the remaining contested issues of law.) OR There are no special issues of law reserved other than those implicit in the foregoing issues of fact. D. Witnesses Suggested language: In the absence of reasonable notice to opposing counsel to 1. the contrary, defendant will call, or will have available at the trial: OR Plaintiff may call: (provide a brief synopsis of each witness' testimony.) Suggested language: In the absence of reasonable notice to opposing counsel to 2. the contrary, defendant will call, or will have available at the trial: OR Defendant may call: (provide a brief synopsis of each witness' testimony.) Suggested language: In the absence of reasonable notice to opposing counsel to 3. the contrary, ___________ will call: 2 OR ___________ may call: (provide a brief synopsis of each witness' testimony; use for third parties). In the event other witnesses are to be called at the trial, a statement of their names 4. and addresses and the general subject matter of their testimony will be served upon opposing counsel and filed with the Court at least five (5) days prior to trial. There is reserved to each of the parties the right to call such rebuttal witnesses as 5. may be necessary, without prior notice to the other party. Note: Only witnesses listed in the Pretrial Order will be permitted to testify at the trial, except witnesses called solely for the purpose of impeachment or for good cause shown. E. Expert Witnesses Suggested language: Parties are limited to the following number of expert witnesses, including treating physicians, whose names have been disclosed to the other side. 1. 2. Plaintiff: List all expert witnesses plaintiff intends to call at trial. Defendant: List all expert witnesses defendant intends to call at trial. Counsel have attached a resume or curriculum vitae of each expert's qualifications as a part of Exhibit A herein. F. Depositions During trial, reading of depositions frequently presents problems that can be eliminated by advance discussion and preparation. The pretrial order shall list depositions to be read into evidence and any objections thereto identifying the objecting party, portions objected to, and the basis for the objections. All irrelevant and redundant matter and all colloquy between counsel in the deposition must be eliminated when the deposition is read. See also the requirements of Fed. R. Civ. P. 26(a)(3)(B). Suggested language: Testimony of the following witnesses will be offered by deposition/videotape. (List all witnesses whose testimony will be offered by deposition or videotape. If none, so state.) 3 G. Exhibits Needless Court time is taken up in the marking of exhibits during trial. Accordingly, the exhibit list should be prepared prior to trial and set forth in the pretrial order. Exhibits that are to be admitted without objection should be listed first, then followed by a listing of exhibits to which there may be objections, noting by whom the objection is made (if there are multiple adverse parties), the nature of the objection, and the authority supporting the objection. Exhibit markers should be attached to all exhibits at the time they are shown to opposing counsel during the preparation of the pretrial order. A supply of marking tags for exhibits may be obtained from the courtroom deputy clerk. They should be attached to the lower right-hand corner whenever possible. See also the requirements of Fed. R. Civ. P. 26(a)(3)(C). Except for good cause shown, the Court will not permit the introduction of any exhibits unless they have been listed in the pretrial order, with the exception of exhibits to be used solely for the purpose of impeachment. Exhibit lists should be attached as appendices to the pretrial order as follows: Appendix B Appendix C Appendix D Appendix E Joint Exhibits Plaintiff Exhibits Defendant Exhibits Third-Party Exhibits H. Stipulations Counsel have fully complied with the Stipulations section of the Court's Order Setting Trial Date and Settlement Conference. V. MODIFICATION The Final Pretrial Order may be modified at or prior to the trial of this action to prevent manifest injustice. Such modification may be made by application of counsel or on motion of the Court. 4 VI. JURY INSTRUCTIONS Counsel have complied with the Jury Instructions section of the Court's Order Setting Trial Date and Settlement Conference. VII. REMAINING ISSUES AND OTHER MATTERS The following legal issues must be resolved before the beginning of trial: Counsel bring the following additional matters to the Court's attention: _______________________________ ALGENON L. MARBLEY UNITED STATES DISTRICT JUDGE _____________________________ Counsel for Plaintiff _____________________________ Counsel for Defendant 5