Standing Order Regarding Setting Civil Trials; Standing Order Regarding Deadlines and Procedures for Criminal Trials (UPDATED 2-2-2026); Standing Order Regarding Motions to Seal or Unseal Documents; Standing Order Regarding Motions to Revoke Magistrate Judge's Detention Order Pursuant to 18 U.S.C. §

=== Standing Order Regarding Setting Civil Trials ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: All Civil Matters Assigned to District Judge Margaret I. Strickland STANDING ORDER REGARDING SETTING CIVIL TRIALS PLEASE TAKE NOTICE that in all civil matters before Judge Strickland, the parties are responsible for contacting the Court when they are ready for a trial setting. The parties shall request a trial setting only when (1) discovery is concluded, (2) a settlement conference has been conducted, and (3) all dispositive motions are resolved. The parties shall file a joint1 motion requesting that the Court schedule trial and pretrial deadlines. In the motion, the parties shall propose three, mutually agreed-upon trial periods and specify (a) all dates of unavailability of parties, counsel, and anticipated trial witnesses for the next 13 months,2 (b) anticipated number of trial days, and (c) any other requests related to the trial that the parties wish to include. If the parties do not agree on a particular issue, the motion shall specify each separate party’s preference. The motion shall be filed no later than 90 days after the unsuccessful conclusion of any settlement conference the parties deem to be final. If the parties wish to conduct additional settlement facilitation with a Magistrate Judge, the parties shall file a separate joint motion requesting a settlement conference with the assigned 1 If an opposing party cannot be contacted or opposes the motion, the requesting party may file the motion individually. However, the parties are obligated to make a good-faith effort to meet and confer regarding the issues contained in this Order. 2 In the event that parties cannot concur on availability over the next thirteen months, the Court will set a status conference to discuss trial scheduling. 1 Magistrate Judge (or any other Magistrate Judge by unanimous agreement),3 no later than the date the joint motion regarding trial scheduling is due. The parties may request settlement facilitation after this date; however, any such requests shall not form the basis for vacating existing trial settings or pretrial deadlines, absent a showing of good cause. All prior versions of this Standing Order are hereby superseded. IT IS SO ORDERED. 3 See D.N.M. LR-Civ. 73.4 (Consent to Settlement Conference Conducted by a Magistrate or Bankruptcy Judge). 2

=== Standing Order Regarding Deadlines and Procedures for Criminal Trials (UPDATED 2-2-2026) ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: ALL CRIMINAL MATTERS ASSIGNED TO DISTRICT JUDGE MARGARET I. STRICKLAND STANDING ORDER: DEADLINES FOR CRIMINAL TRIALS The following procedures shall be followed in all criminal trials unless otherwise ordered by the Court. A. Call of the Calendar Trial counsel must plan to appear on behalf of client. If unable to appear, please advise the Court no less than 24 hours before Call of the Calendar and arrange for substitute counsel. Please be prepared to address (1) the number of days needed for trial and (2) availability of counsel, client, and witnesses. B. Motions to Continue All motions to continue trial shall be filed no later than 24 hours prior to the Call of the Calendar and state the grounds for the motion in accordance with 18 U.S.C. § 3161(h)(7) and United States v. Toombs, 574 F.3d 1262 (10th Cir. 2009). Motions to Continue filed after the Court’s deadline or without stating the necessary legal grounds will be summarily denied. Counsel shall specify the number of motions to continue that have been filed in the underlying case and shall specify the facts and circumstances giving rise to a continuance of trial setting. If the case is a multiple defendant case, counsel is to state in the motion each defendant’s position on the motion and preferably file a joint motion to continue. Counsel shall provide chambers with a proposed Order. See sample Order on Judge Strickland’s webpage under “Resources.” C. Pretrial Deadlines Counsel must seek leave of the Court in the form of a written motion to extend any pretrial deadline. Where a submission deadline falls on a Saturday, Sunday, or a holiday, the deadline becomes the next business day. (1) Disclosure of opinion evidence and Rule 404(b) evidence to opposing party (a) Deadlines: (i) Government: 30 days after indictment (ii) Defendant(s): 45 days after indictment (b) The opinion notice “must describe the witness’s opinions, the bases and reasons for those opinions, and the witness’s qualifications.” Fed. R. Crim. P. 16(a)(1)(G). Vague statements describing the topic of testimony are insufficient. (c) Rule 404(b) notice must “articulate . . . the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose.” Fed. R. Evid. 404(b)(3)(B). (d) Counsel must also file a list briefly outlining (1) each opinion; (2) the witness who will offer the opinion; and (3) the date and manner in which the opinion was disclosed to opposing counsel. (2) Motions regarding opinion testimony, including under Daubert and Fed. R. Evid. 702 (a) Deadline: 21 days before trial (unless otherwise set earlier by the Court) (3) Motions in Limine and other admissibility issues (a) Deadline: 21 days before trial (b) Responses are due 10 days before trial. Replies to motions in limine will not be entertained unless specifically requested and allowed. (4) Jury Instructions (a) Deadline: 14 days before trial (b) Please refer to detailed requirements for jury instructions set out on Judge Strickland’s webpage. (5) Witness Lists (a) Deadline: 14 days before trial (b) Counsel shall furnish a complete list of witnesses, in the order to be called, 2 to opposing counsel and file it with the Court. This list shall indicate any witness who will give expert testimony. (6) Exhibit Lists (a) Deadline: 14 days before trial (JERS deadline: 7 days before trial) (b) Counsel shall file a proposed exhibit list(s)—a joint stipulated list (if possible) and separate lists if there are disputes. See detailed instructions below. (7) Deposition Testimony (a) Deadline: 14 days before trial (b) See additional details below. (8) Notice to Court of Need to Use Courtroom Technology (a) Deadline: 14 days before trial (b) See additional details below. (9) Objections to Witness Lists, Exhibit Lists, and Deposition Testimony (a) Deadline: 5 days before Pretrial Conference (b) The parties must confer about any disputes and, if unable to resolve any differences, must notify the Court in writing. (c) Exhibits. Counsel shall file a complete list of all objections to the exhibits offered, specifying the Rule(s) of Evidence or other legal authority upon which an objection is based. This includes objections based on foundation. Failure to file objections by this deadline constitutes waiver of the objection. (10) Joint Pretrial Binder (a) Deadline: 5 days before Pretrial Conference (b) The Parties shall JOINTLY submit to the Court a three-ring binder that contains the following items, separately tabbed: i. All pending Motions and Responses thereto ii. Government’s Notice(s) of Intent (re: 404(b) Evidence, death penalty, enhanced sentence, self-authenticating documents, etc.) • Defendant’s Response(s) iii. Joint Stipulated Exhibit List (discussed below, para. E(1 iv. Government’s Exhibit List (see Sample Exhibit List, Appendix A) • Defendant’s Objections v. Government’s Witness List (see Sample Witness List, Appendix B) 3 • Defendant’s Objections vi. Defendant’s Exhibit List (see Sample Exhibit List, Appendix A) • Government’s Objections vii. Defendant’s Witness List (see Sample Witness List, Appendix B) • Government’s Objections viii. Government’s Expert Witness Notices (if any) ix. Defendant’s Expert Witness Notices (if any) x. Government’s Proposed Voir Dire xi. Defendant’s Proposed Voir Dire xii. Government’s Proposed Jury Instructions xiii. Defendant’s Proposed Jury Instructions The pretrial binders are considered FINAL. Once the binders are submitted, no additional or amended materials will be permitted without leave of the Court. If the Court grants leave to submit additional or amended materials, the responsible party shall submit an entirely new binder that includes all the required items, including the additional and/or amended materials. D. Motions in Limine Pretrial motions in limine rulings can save time and avoid interruption at trial; however, “most objections will prove to be dependent on trial context.” United States v. Mejia- Alarcon, 995 F.2d 982, 988 (10th Cir. 1993). Litigants may not raise non-evidentiary matters in limine. Louzon v. Ford Motor Co., 718 F.3d 556, 561–62 (6th Cir. 2013). A ruling on a motion in limine is “essentially an advisory opinion” and may be changed at trial. United States v. Luce, 713 F.2d 1236, 1239 (6th Cir. 1983) (citing United States v. Oakes, 565 F.2d 170, 171–72 (1st Cir. 1977); Rouse v. United States, 359 F.2d 1014 (D.C. Cir. 1966 . E. Exhibits (1) Exhibit Lists: The parties shall jointly file a consolidated list of all stipulated exhibits. Each offering party must file a separate list of all contested exhibits. See Sample Exhibit List, Appendix A. The Court encourages the parties to resolve disputes over the authenticity and foundation of exhibits as soon as possible. 4 (2) Exhibit Binders: Within three days of submitting the exhibit lists, the parties shall deliver to Chambers two identical copies of a binder containing the stipulated exhibits. Additionally, each side must deliver to Chambers two identical copies of a binder containing its contested exhibits. All exhibits must be marked and shall be labeled consecutively by number (and by party, for contested exhibits). (a) For example, if there are 50 stipulated exhibits, 20 contested plaintiff’s exhibits, and 20 contested defendant’s exhibits, the first set of binders shall contain stipulated exhibits numbered 1 to 50. The second set of binders shall contain the government’s contested exhibits numbered 51 through 70 and defendant’s contested exhibits numbered 71 through 90. The exhibit binders are considered FINAL. Once the binders are submitted, no additional exhibits will be permitted without leave of the Court. If the Court grants leave to submit additional exhibits, the responsible party shall submit an entirely new binder that includes all the exhibits, including the new exhibit(s). (3) Electronic Format: Exhibits must also be submitted in electronic format. Refer to the Attorney Guide to JERS for instructions on how to submit electronically formatted trial exhibits to the Court at least 7 days before trial. (4) These instructions are to be followed to the extent feasible. The Court understands that in criminal cases, exhibits often need to be admitted during trial, and such is acceptable. F. Witnesses (1) Clients and witnesses are expected to be on time, and counsel should always have witnesses available to fill a full trial day. (2) Cumulative expert testimony will not be permitted. (3) Objections to the admission of exhibits, including foundational/authenticity objections, will be heard and ruled upon at the Pretrial Conference; counsel should have any foundational and authenticating witness(es) available at the Pretrial Conference. (a) Local witnesses are expected to attend court. Local witnesses are defined as those who, by car, are within an approximate three-hour driving radius from Las Cruces, to include those witnesses located 5 in Albuquerque, Roswell, and El Paso, Texas. Non-local witnesses, by a sufficient and timely (no less than three days before the witness is expected to testify) request by the proponent, may appear remotely at the Pretrial Conference; witnesses with other exceptional or emergency circumstances who can not attend court in person shall similarly, with as much advance as possible, request to appear remotely at the Pretrial Conference. G. Deposition Testimony (1) Consistent with the Federal Rules of Criminal Procedure, deposition testimony may be introduced into evidence. (2) The parties shall file designations, and counter-designations, of deposition testimony that they intend to use at trial. The designations must state the pages and lines of the deposition to be used. (3) If a deposition is used in part, counsel shall highlight the parts to be used, for opposing counsel and the Court. This does not apply to cross-examination or rebuttal. H. Affirmative Defenses The Court will not permit the Defendant to elicit testimony supporting an affirmative defense from a Government witness during the Government’s case-in-chief unless the Defendant first makes a prima facie evidentiary showing supporting the affirmative defense. The Defendant may make the prima facie evidentiary showing during the pretrial conference, subject to the Federal Rules of Evidence. I. Guidelines for Trial (1) The Court may schedule a pre-trial conference to be held 1–3 days prior to trial. During this conference, counsel shall be prepared to address any unresolved issues prior to the commencement of trial. Counsel are to bring copies of all exhibits with them to the pre-trial conference. (2) Counsel shall be in the courtroom no later than 8:15 a.m. and be prepared to discuss any matter that should be addressed outside the presence of the jury. Be on time for each court session. Trial engagements take precedence over any other 6 business. If you have matters in other courts, make other arrangements in advance for the handling of such matters. (3) A multi-day jury trial generally will recess at about 5:00 p.m. The Court generally will recess each morning and afternoon for a 15-minute comfort break and a 60- minute lunch break for attorneys (75-minutes for the jury). (4) Stand when you speak. Do not refer to any party or attorney by their first name. Always address the Court only; do not address or argue with opposing counsel in the presence of the jury. If counsel must confer with one another, please request permission of the Court for a moment to do so privately and quietly. (5) Speaking objections are not allowed. You may ask to approach the bench to discuss an objection. (6) Parties should notify the Court at least two weeks in advance of trial if they require audio-visual or other special equipment. If parties are unfamiliar with the operation of courtroom technology, they shall make arrangements with my Court Room Deputy, Jessica Chavez at (575) 528-1683, to schedule a time to test and run the equipment. Parties are responsible for operating any of this equipment. Please bring physical copies of all exhibits to ensure their compatibility with the Court’s equipment. IT IS SO ORDERED. …………………………………………. MARGARET STRICKLAND UNITED STATES DISTRICT JUDGE 7 Appendix A SAMPLE EXHIBIT LIST Case No. __-cr-_____-MIS United States v. Defendant GOVERNMENT’S/DEFENDANT’S EXHIBIT LIST Exhibit No. 1 or A Description of Exhibit Foundation Off’d? Obj? Ruling Notes 2 or B 3 or C 4 or D 5 or E 6 or F 7 or G Appendix B SAMPLE WITNESS LIST Case No. __-cr-_____-MIS United States v. Defendant GOVERNMENT’S/DEFENDANT’S WITNESS LIST NAME CALLED?

=== Standing Order Regarding Motions to Seal or Unseal Documents ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: ALL CRIMINAL MATTERS ASSIGNED TO DISTRICT JUDGE MARGARET I. STRICKLAND STANDING ORDER REGARDING MOTIONS TO SEAL OR UNSEAL DOCUMENTS The following guidance is provided to all parties moving to seal documents in criminal cases.1 Proposed orders must also comply with these instructions. First, in determining whether to seal or unseal documents, the district court must “apply the presumption that judicial records should be open to the public.” United States v. Pickard, 733 F.3d 1297, 1303 (10th Cir. 2013). This presumption is overcome only “where countervailing interests heavily outweigh the public interests in access to the judicial records.” Id. at 1302 (quotation omitted). Therefore, all motions to seal shall acknowledge the public’s interest in accessing court documents and describe how that interest is outweighed by the countervailing interests of the parties. Second, the district court must “support its sealing decision with case-specific findings.” United States v. Bacon, 950 F.3d 1286, 1294 (10th Cir. 2020). To that end, all motions to seal must reference case-specific facts and must describe, with precision, the interests of the parties in sealing the document. Id. The parties are reminded that courts cannot justify sealing a document by endorsing “generalized governmental interests.” Id. 1 These instructions apply with equal force to (1) motions to file documents under seal, (2) motions to seal documents already filed, and (3) motions to unseal documents that were previously filed under seal. Even if a document has been previously sealed, the court must consider the presumption of openness in determining whether it should be unsealed. United States v. Bacon, 950 F.3d 1286, 1295 (10th Cir. 2020). at 1294 n.5 (quotation omitted). The Government’s interests, like the Defendant’s, must be analyzed in the context of the specific case. Id. All motions to seal filed out of compliance with these instructions may be summarily denied. IT IS SO ORDERED. …………………………………………. MARGARET STRICKLAND UNITED STATES DISTRICT JUDGE 2

=== Standing Order Regarding Motions to Revoke Magistrate Judge's Detention Order Pursuant to 18 U.S.C. § 3145 ===

Case 1:22-mc-00004 Document 35 Filed 07/01/22 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN THE MATTER OF: MOTIONS TO REVOKE DETENTION ORDER PURSUANT TO 18 U.S.C. § 3145 ENTERED BY A LAS CRUCES MAGISTRATE JUDGE ORDER No. 22-MC-00004-35 Absent exceptional circumstances, in the event a defendant files a motion to revoke a detention order pursuant to 18 U.S.C. § 3145, entered by a Las Cruces Magistrate Judge, the District Court will consider only evidence that was before the Magistrate Judge when the detention order was entered. See generally United States v. Oaks, 793 F. App’x 744 (10th Cir. 2019). In the event a defendant offers new facts or evidence, the defendant first must file a motion before the Las Cruces Magistrate Judge to reconsider the detention order. See 18 U.S.C. § 3142(f) (allowing hearing to be reopened to consider material information not known to the movant at time of hearing); United States v. Cisneros, 328 F.3d 610, 613 (10th Cir. 2013) (clarifying procedure under § 3142(f) requiring reconsideration only by judicial officer who made original decision). FOR THE COURT: __________________________________ UNITED STATES DISTRICT JUDGE __________________________________ UNITED STATES DISTRICT JUDGE Notices 1:22-mc-00004 Administrative Orders U.S. District Court United States District Court - District of New Mexico Notice of Electronic Filing The following transaction was entered on 7/1/2022 at 3:35 PM MDT and filed on 7/1/2022 Case Name: Case Number: Filer: Document Number: 35 Administrative Orders 1:22-mc-00004 Administrative Orders Docket Text: STANDING ORDER: In the Matter of Motions To Revoke Detention Orders Pursuant To 18 U.S.C. §3145 Entered By A Las Cruces Magistrate Judge (mre) 1:22-mc-00004 Notice has been electronically mailed to: 1:22-mc-00004 Notice has been delivered by fax to: 1:22-mc-00004 Notice has been delivered by USPS to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1167529506 [Date=7/1/2022] [FileNumber=12040833-0 ] [879987429974c475112426095bbb25d5a37defffff0115d4ea5763b9c9a7e9d066c f66a0fbd695e4fd2fa47256df3562d64168f857498f614146cc9284fa6de4]]

=== Standing Order Regarding Motions for Summary Judgment and Motions in Limine ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: ALL CIVIL MATTERS ASSIGNED TO DISTRICT JUDGE MARGARET I. STRICKLAND STANDING ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT AND MOTIONS IN LIMINE Each party is limited to filing one motion for summary judgment and one motion in limine. Motions may address multiple issues. The motions, responses, and replies shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the District of New Mexico, relevant precedent from the United States Court of Appeals for the Tenth Circuit, and this Court’s Orders. A party may move for an extension of the page limitations established by Local Rules 7.5 and 10.5 if such an extension is reasonably necessary to brief the issues. An extension of more than five pages will rarely be granted. When a motion for summary judgment or motion in limine presents multiple issues, the issues shall be presented in separately numbered subsections. Any party opposing the motion shall respond to the issues in the same sequence and using the same numbering as the motion’s subsections.

=== Standing Order Regarding Criminal Witnesses ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: ALL CRIMINAL MATTERS ASSIGNED TO DISTRICT JUDGE MARGARET I. STRICKLAND STANDING ORDER: WITNESSES IN CRIMINAL TRIALS The undersigned has represented dozens of criminal defendants as a long-time member of the New Mexico legal community. The undersigned seeks to avoid conflicts issues in which she may be called upon to adjudicate a matter involving a former client serving as a witness. If witnesses are or become represented by counsel regarding a case before the Court, the parties shall disclose the names of the witnesses and their representative counsel to the Court for in camera review. Unless the Court inquires, the parties shall not disclose additional details regarding the representation. …………………………………………. MARGARET STRICKLAND UNITED STATES DISTRICT JUDGE

=== Standing Order Regarding Use of Generative AI ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO IN RE: All Cases Assigned to District Judge Margaret I. Strickland STANDING ORDER ESTABLISHING DISCLOSURE AND CERTIFICATION REQUIREMENTS FOR GENERATIVE ARTIFICIAL INTELLIGENCE 1. Consistent with Rule 11(b) of the Federal Rules of Civil Procedure, and the certifications required thereunder, the Court orders that any party, whether appearing pro se or through counsel, who utilizes any generative artificial intelligence (AI) tool in the preparation of any documents to be filed with the Court, must disclose in the document that AI was used and the specific AI tool that was used. The unrepresented party or attorney must further certify in the document that the person has checked the accuracy of any portion of the document drafted by generative AI, including all citations and legal authority. 2. If generative AI is utilized in the preparation of any documents filed with the Court, the unrepresented party or attorney will be held responsible for the contents thereof, in accordance with Rule 11 and the applicable rules of professional conduct and/or attorney discipline. The failure to make the disclosure and certification described in paragraph 1 may 3. result in the imposition of sanctions.

=== Procedures for Submitting Criminal Jury Instructions ===

Judge Strickland’s Procedures for Submitting Criminal Jury Instructions 1. Stock Instructions. On Judge Strickland’s webpage, there are “Standard” and “Common” Criminal Stock Instructions. The “Standard” instructions are used in most criminal jury trials. The “Common” instructions are frequently requested and used. Both sets are taken primarily from the 10th Circuit Pattern Instructions, and many have been modified for conciseness and clarity. 2. Counsel must jointly file a Praecipe with the Court, indicating all jury instructions accepted, requested, and proposed, and whether any are contested. Judge Strickland’s Praecipe form is posted on the webpage. a. Judge Strickland plans to include the “Standard” Stock Instructions for most trials. On the Praecipe, please indicate whether the parties accept each “Standard” instruction in the appropriate column. i. If the parties wish to deviate from the Standard Instructions, please indicate what modifications are requested and if they are contested. b. Please indicate which “Common” Stock Instructions the parties request and whether the parties stipulate to the requested instruction. c. Please indicate any additional proposed instructions, and whether they are proposed Jointly, by the Government, or by the Defense. Please cite authority for each proposed non-stock instruction and objection. 3. Proposed, non-stock jury instructions must be submitted to the following email address: [email protected]. a. Please include the following information in the subject line: “Jury Instructions - [case name] [docket number].” b. Please submit in Word format. c. Stock instructions need not be submitted. Simply complete a Praecipe. d. Non-stock jury instructions must be clearly labeled as such and be accompanied by citations to supporting authority. Only one instruction should be submitted per page. If these instructions are contested, objecting counsel should support their objection with authority. In Summary: • Only one document should be filed with the Court: a completed Praecipe, indicating all stock and non-stock jury instructions requested. • Only one document should be sent by email: proposed non-stock instructions, accompanied by citations to supporting authority at the bottom of each instruction.

=== Praecipe Criminal Jury Instructions ===

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO UNITED STATE OF AMERICA, Plaintiff, v. _________________________ , Defendant. Cr. No. __________________ Joint Proposed Jury Instructions PRAECIPE Judge Strickland’s Standard Criminal Stock Instruction Parties Accept? (Y/N) Proposed Alternatives or Modifications Alternatives Contested? (detail objections) Preliminary Instructions Before Trial 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.01 (2021) Preliminary Instructions Before Trial (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.02(B) (2021) Note-Taking by Jurors 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.03 (2021) Introduction to Final Instructions (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.04 (2021) Duty to Follow Instructions (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.05 (2021) Presumption of Innocence—Burden of Proof— Reasonable Doubt (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.06 (2021) Evidence—Defined (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.08 (2021) Credibility of Witnesses (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.08.1 (2021) Non-Testifying Defendant (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.10 (2021) Impeachment By Prior Inconsistencies (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.18 (2021) On or About 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.19 (2021) Caution—Consider Only Crime Charged (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.20 (2021) Caution—Punishment 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.23 (2021) Duty to Deliberate—Verdict Form (modified) Judge Strickland’s Common Criminal Stock Instruction 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.07 (2021) Evidence - Direct and Circumstantial – Inferences (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.12 (2021) Impeachment by Prior Conviction (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.15 (2021) Accomplice—Co- Defendant—Plea Agreement (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.16 (2021) Witness’s Use of Addictive Drugs (modified) Parties Request? (Y/N) Proposed Alternatives or Modifications Alternatives Contested? (detail objections) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 2.06 (2021) Aid and Abet (modified) (combined with 9th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 4.1 (2019) Aiding and Abetting (modified Additional Proposed Instructions (Label as “Joint Prop.,” “Gov.’s Prop.,” or “Def.’s Prop.”) Sources/Supporting Authority (Cite source supporting the instruction) Objections?

=== Stock Criminal Jury Instructions (Standard) ===

PRELIMINARY INSTRUCTIONS BEFORE TRIAL Members of the Jury: At the end of the trial, I will give you guidance on the law and on how you will go about reaching your decision. But now I’m going to generally explain how the trial will proceed. The first step in the trial will be the opening statements. The government in its opening statement will tell you about the evidence which it intends to put before you. Opening statements are not evidence. Opening Statements are made to help you understand what parties will bring forth as evidence. After the government’s opening statement, [Defendant Name]’s attorney may make an opening statement, or they may make a statement later in the case, or not at all. After opening statements, evidence will be presented. You will use the evidence to decide the facts. The evidence may include testimony from witnesses, documents, and other things. The government will offer its evidence. After the government’s evidence, [Defendant Name]’s lawyer may present evidence, but they are not required to do so. [Defendant Name] is not required to present evidence because the defendant is presumed innocent, and it is the government that must prove the defendant’s guilt beyond a reasonable doubt. If the defendant submits evidence, the government may then introduce additional evidence. During trial, lawyers will make objections to testimony and evidence. This means that the lawyer is requesting that I decide on a rule of law. As a juror, you must not consider these objections. If I sustain an objection to a lawyer’s question, the witness may not answer it. Do not attempt to guess what the answer might have been. If I overrule the objection, treat the answer as any other. If I tell you not to consider a witness’ statement, you may not refer to that statement in your later deliberations. Also, if I tell you to consider some evidence only for a specific purpose, you may consider the evidence only for that purpose. During trial, I may ask a question of a witness. If I do, that does not indicate I have any opinion about the case. I may also have to interrupt the proceedings to speak with the attorneys. Sometimes we will talk here at the bench. And sometimes, I will excuse you from the courtroom. I will try to avoid interruptions, but please be patient even if the trial seems to be moving slowly. You are to consider all the evidence in this trial. It will be up to you to decide what evidence to believe or not believe. It will be up to you to accept or reject any evidence. After you have heard all the evidence, the government and the defense will each give closing arguments. After closing arguments, I will instruct you on the rules of law to use in reaching your verdict. You will then deliberate with your fellow jurors. If you would like to take notes during the trial, you may. On the other hand, you are not required to take notes. If you decide to take notes, your notes should be used only as memory aids. You should rely firstly on your independent recollection of the evidence. If you do take notes, leave them in the jury room at night and do not discuss the contents of your notes until you begin deliberations. Normally, the attorneys will develop all the relevant evidence that will be necessary for you to reach your verdict. However sometimes a juror may believe a question is critical to reaching a decision. In that circumstance you may write out a question and provide it to the courtroom deputy while the witness is on the stand. I will then consider that question with the lawyers. If it is determined to be a proper question, I will ask it. If I do not ask it, do not worry about why it was not asked or what the answer would have been. During the course of the trial, you should not talk with any witness, or with the parties, or with any of the lawyers at all. In addition, during the course of the trial you should not talk about the trial with anyone else. Do not discuss the case with anyone or give any information about the trial to anyone outside the courtroom until the verdict is received. Do not use the internet or any other form of electronic communication to provide any information. You should not attempt to gather any information or do any research on your own. Do not attempt to visit any places mentioned in the case, either actually or on the internet, and do not in any other way try to learn about the case outside the courtroom. Also, you should not discuss this case among yourselves until I have instructed you on the law and you have gone to the jury room to deliberate at the end of the trial. It is important that you wait until all the evidence is received and you have heard my instructions on the law before you discuss the case among yourselves. The court reporter is making a record of everything that is said. However, a typewritten copy of the testimony will not be available for your use during deliberations. Any exhibits will be available to you during your deliberations. Now that the trial has begun you must not hear or read about it in the media. The reason for this is that your decision in this case must be made solely on the evidence presented at the trial. With that introduction, [Government Attorney], you may present the opening statement for the government. MIS Criminal Stock SOURCES: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.01 (2021) Preliminary Instructions Before Trial (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.02(B) (2021) Note-Taking by Jurors Members of the Jury: Instruction No. _____ In any jury trial, jurors are the judges of the facts. Now that we are at the end of trial, it is my job to explain to you the rules of law that you must follow to decide the facts and your verdict. First, I will give you some general instructions which apply in every criminal case. Then I will give you some specific rules of law that apply to the charges in this case and, finally, I will explain the procedures for your deliberations. The instructions I’m reading will be given to you, so you need not take notes. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.03 (2021) Introduction to Final Instructions (modified) Instruction No. _____ You are the judges of the facts. But in reaching your decision on the facts, it is your sworn duty to follow all of the rules of law I am giving. You may not disregard or give special attention to any one instruction. You must not substitute or follow your own opinion as to what the law is or ought to be. It is your duty to apply the law as I explained, regardless of the consequences. Nothing in these instructions, or anything I may have said or done, is meant to suggest what your verdict should be. It is your duty to base your verdict solely upon the evidence, without prejudice or sympathy. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.04 (2021) Duty to Follow Instructions (modified) Instruction No. _____ The government has the burden of proving [Defendant Name] guilty beyond a reasonable doubt. If it fails to do so, you must find [Defendant Name] not guilty. The law does not require a defendant to prove his innocence or produce any evidence at all. Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the defendant’s guilt. There are few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt. It is only required that the government’s proof exclude any “reasonable doubt” concerning the defendant’s guilt. A reasonable doubt is a doubt based on reason and common sense. If, based on your consideration of the evidence, you are firmly convinced that [Defendant Name] is guilty, you must find him guilty. If you think there is a real possibility that he is not guilty, you must find him not guilty. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.05 (2021) Presumption of Innocence—Burden of Proof—Reasonable Doubt (modified) Instruction No. _____ You must make your decision based only on the evidence that you saw and heard here in court. Do not let anything you may have seen or heard outside of court influence your decision. The lawyers’ statements and arguments are not evidence. Their questions and objections are not evidence. My legal rulings are not evidence. During the trial, I did not let you hear the answers to some of the questions that the lawyers asked, and I may have not allowed exhibits. Do not speculate about what a witness might have said or what an exhibit might have shown. These things are not evidence, so do not to let them influence your decision. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.06 (2021) Evidence—Defined (modified) Instruction No. _____ You are the sole judges of the believability of each witness. An important part of your job will be making judgments about the testimony of the witnesses [including [Defendant Name]] who testified in this case. You should think about the testimony of each witness you have heard and decide whether you believe all or any part of what each witness had to say. [[Defendant Name] did not testify. You that you cannot consider his decision not to testify as evidence of guilt. The Constitution of the United States grants to every accused defendant the right to remain silent. That means the right not to testify.] In reaching a conclusion, do not make any decisions simply because there were more witnesses on one side than on the other. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.08 (2021) Credibility of Witnesses (modified) 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.08.1 (2021) Non-Testifying Defendant (modified) Instruction No. _____ You have heard the testimony of [NAME OF WITNESS(ES)]. You have also heard that, before this trial, they made a statement that may be different from their testimony here in court. This earlier statement was brought to your attention only to help you decide how believable their testimony in this trial was. You cannot use it as proof of anything else. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.10 (2021) Impeachment By Prior Inconsistencies (modified) Instruction No. _____ The Government has charged that the crime was committed on or about [DATE]. The government must prove beyond a reasonable doubt that [Defendant Name] committed the crime reasonably near [DATE]. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.18 (2021) On or About Instruction No. _____ You are here to decide whether the government has proved beyond a reasonable doubt that [Defendant Name] is guilty of the crime charged. [Defendant Name] is not on trial for any act not charged in the indictment. It is not up to you to decide whether anyone else should be prosecuted for the crime charged. The fact that another person also may be guilty is no defense to a criminal charge. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.19 (2021) Caution—Consider Only Crime Charged (modified) Instruction No. _____ If you find [Defendant Name] guilty, it will be my duty to decide what the punishment will be. You should not discuss or consider the possible punishment in any way while deciding your verdict. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.20 (2021) Caution—Punishment Instruction No. _____ [CLOSING ARGUMENTS BEFORE THESE.] In a moment the bailiff will escort you to the jury room and provide each of you with a copy of the instructions that I have just read. Any exhibits admitted into evidence will also be placed in the jury room for your review. When you go to the jury room, you should first select a foreperson, who will help to guide your deliberations and will speak for you here in the courtroom. To reach a verdict, whether it is guilty or not guilty, all of you must agree. Your verdict must be unanimous on each count charged. Your deliberations will be secret. You will never have to explain your verdict to anyone. You must consult with one another and deliberate in an effort to reach agreement if you can do so. Each of you must decide the case for yourself, but only after an impartial consideration of the evidence with your fellow jurors. During your deliberations, do not hesitate to reexamine your own opinions and change your mind if convinced that you were wrong. But do not give up your honest beliefs solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict. Remember at all times, you are judges—judges of the facts. You must decide whether the government has proved [Defendant Name] guilty beyond a reasonable doubt. A verdict form has been prepared for your convenience. The foreperson will write the unanimous answer of the jury in the space provided for each count of the indictment, either not guilty or guilty. At the conclusion of your deliberations, the foreperson should date and sign the verdict. If you need to communicate with me during your deliberations, the foreperson should write the message and give it to the bailiff. I will either reply in writing or bring you back into the court to respond to your message. Under no circumstances should you reveal to me the numerical division of the jury. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.23 (2021) Duty to Deliberate—Verdict Form (modified)

=== Stock Criminal Jury Instructions (Common but not Standard) ===

Instruction No. _____ [Only recommended if counsel plan to reference the terms “direct,” “indirect,” or “circumstantial” in their closing arguments.] There are two types of evidence from which a jury may determine the facts. One is direct evidence, which proves a fact directly. The other is indirect or circumstantial evidence, which may show a fact through reasonable, commonsense inferences. The law makes no distinction between direct and circumstantial evidence. You are permitted to draw reasonable inferences from the evidence. Inferences are a conclusion that reason and common sense may lead you to draw from facts which have been proved. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.07 (2021) Evidence - Direct and Circumstantial – Inferences (modified) Instruction No. _____ The testimony of a witness may be discredited or impeached by showing that the witness was previously convicted of a [felony and/or of a crime of dishonesty or false statement]. A prior conviction does not mean that a witness is not qualified to testify. It is one thing that you may consider in determining the credibility of the witness. You may decide how much weight to give any [prior felony conviction] [and/or crime of dishonesty]. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.12 (2021) Impeachment by Prior Conviction (modified) Instruction No. _____ The government called as one of its witnesses an alleged accomplice, who was named as a co-defendant in the indictment. The co-defendant’s case is still pending. An alleged accomplice, including one whose charges are still pending, is not prohibited from testifying. The testimony of an alleged accomplice may, by itself, support a guilty verdict, but you should receive this type of testimony with caution and great care. You should not convict a defendant upon the unsupported testimony of an alleged accomplice, unless you believe that testimony beyond a reasonable doubt. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.15 (2021) Accomplice—Co-Defendant—Plea Agreement (modified) Instruction No. _____ [WITNESS NAME] may be considered an abuser of drugs. You must determine whether the testimony of that witness has been affected by the use of drugs or the need for drugs. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 1.16 (2021) Witness’s Use of Addictive Drugs (modified) Instruction No. _____ A defendant may be found guilty of [SPECIFY CRIME CHARGED], even if the defendant did not personally commit the crime but aided and abetted its commission. To “aid and abet” means to intentionally help someone else commit a crime. To prove a defendant guilty of [SPECIFY CRIME CHARGED] by aiding and abetting, the government must prove each of the following beyond a reasonable doubt: First: someone else committed [SPECIFY CRIME CHARGED]; Second: [DEFENDANT NAME] intentionally associated himself in some way with the crime and intentionally participated in it. This means that the government must prove that the defendant consciously shared the other person’s knowledge of the underlying criminal act and intended to help them; and It is not enough that the defendant merely associated with the person committing the crime, or unknowingly or unintentionally did things that were helpful to that person or was present at the scene of the crime. The evidence must show beyond a reasonable doubt that the defendant acted with the knowledge and intention of helping that person commit [SPECIFY CRIME CHARGED]. Mere presence at the scene of a crime and knowledge that a crime is being committed are also not sufficient to establish aiding and abetting. MIS Criminal Stock SOURCE: 10th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 2.06 (2021) Aid and Abet (modified) 9th Cir. PATTERN JURY INSTRUCTIONS (Criminal) 4.1 (2019) Aiding and Abetting (modified) United States v. Rosalez, 711 F.3d 1194, 1205 (10th Cir. 2013)