Trial Preparation - Criminal; Trial Preparation - Civil

=== Trial Preparation - Criminal ===

PREPARATION FOR CRIMINAL TRIAL BEFORE THE HONORABLE KEA W. RIGGS A. AUDIO-VISUAL EQUIPMENT Parties should notify the Court at least two weeks in advance of trial if they require audio-visual or other special equipment. Parties are responsible for operating any of this equipment. B. WITNESSES AND EXHIBITS: Rule 404(b) or Rule 609(b) evidence: The Government will provide 1. Defendant notice of potential Rule 404(b) or Rule 609(b) evidence not less than TWO (2) WEEKS in advance of trial. Exchange of EXHIBIT AND WITNESS LISTS: Counsel shall exchange and file with the Court witness and exhibit lists TWO (2) WEEKS prior to trial. Objections to EXHIBIT and WITNESS list shall be filed with the Court FIVE (5) DAYS after filing of WITNESS and EXHIBIT list. **COUNSEL SHALL ENSURE THE COURT HAS A COPY OF ALL OBJECTED TO EXHIBITS PRIOR TO ANY HEARING** REQUIRED FORMAT FOR EXHIBIT LISTS, NON-ELECTRONIC: 2. When filing their final exhibit lists with the Court prior to trial, parties shall use the format included at the end of this document. Exhibits shall be marked and identified before trial (Government’s/Plaintiff’s exhibits by numbers and Defendant’s exhibits by letters). Once an exhibit has been assigned an exhibit number or letter, it shall retain the same number or letter on all amended exhibit lists and throughout the trial, even if it is later withdrawn. 3. REQUIRED FORMAT FOR EXHIBIT LISTS, ELECTRONIC: In addition to the requirements set out in #3 pertaining to exhibits, exhibits also need to be submitted in electronic format. Refer to attached JERS Informational letter, along with Attorney Guide to JERS for instructions on how to submit electronically formatted trial exhibits to the Court. EXHIBIT BINDERS DELIVERED TO COURT: A binder containing a 4. hard copy of all documentary or photographic trial exhibits that complies with the following requirements must be delivered to chambers TWO (2) WEEKS prior to trial: There must be a numbered index to each set of exhibits which lists and identifies each exhibit in the same manner as the exhibit list filed with the Court, and unless otherwise directed by specific order of the Court, physical evidence or original material requiring maintenance of a chain of custody shall not be submitted to the Court with the exhibit binders before trial. 1 C. SCHEDULING ORDERS: Parties shall immediately notify the Court of matters that will require additional preparation time, such as the intent to introduce expert testimony or co-conspirator testimony, so that the Court may allow sufficient time to address potential Daubert challenges and to hold James hearings. Upon such notification by a party, the Court will hold a scheduling conference to consider deadlines for these issues. D. NON-JURY TRIALS (EXCLUDES JUVENILE PROCEEDINGS) PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be submitted TWO WEEKS after transcripts is complete or as otherwise order by the Court, with references to exhibits, and citations to the record and testimony. E. JURY TRIALS: 1. JURY INSTRUCTIONS: Parties shall meet and confer in advance of the deadline to agree on as many instructions as possible. Parties shall be prepared to submit a legal basis for their objections to each instruction on which they do not agree. Parties are expected to AGREE ON STOCK INSTRUCTIONS AND AVOID SUBMITTING TO THE COURT SEPARATE REQUESTS FOR THE SAME STOCK INSTRUCTIONS OBJECTIONS to Jury Instructions are due FIVE (5) DAYS after jury instructions are filed. Proposed instructions shall be numbered and annotated. Submit no more than ONE INSTRUCTION PER PAGE. Parties should refer to Tenth Circuit Criminal Pattern instructions. a. Submission of proposed instructions to the Court is a two-step process: (1) E-filing: Proposed instructions shall be filed with the Court electronically, in accordance with D.N.M. LR-Civ. 5.1 at least TWO (2) WEEKS BEFORE TRIAL is scheduled. (2) E-mail: In addition to electronically filing their submissions regarding jury instructions, both parties shall submit to the Court through the e-mail address ([email protected]), the following, in WORD format: (A) the requested jury instructions; and (B) proposed special verdict forms and (C) the parties’ Joint Statement of the Case. 2 2. 3. 4. 5. NOTE: JOINT STATEMENT OF THE CASE shall be submitted at the same time the jury instructions are submitted (TWO WEEKS BEFORE TRIAL), but should be filed separately. If parties cannot agree on a Joint Statement of the Case, parties should submit separate proposed Statements. MOTIONS IN LIMINE: shall be filed no later than TWO (2) WEEKS before trial. Each issue to be considered requires a separate pleading. No consolidated or omnibus motions, responses or replies will be considered. Responses are due ONE (1) WEEK before trial. If a motion in limine is filed earlier than 14 days before trial, the response is due five (5) days after the motion is served. Replies to motions in limine will not be entertained unless specifically requested and allowed. VOIR DIRE: In the average case, each counsel will be permitted TEN (10) minutes to voir dire the venire panel. Do not argue the case or cite legal principles in your voir dire. Requested voir dire shall be exchanged between counsel and shall be filed with the Court at least TWO (2) WEEKS prior to trial. If counsel cannot agree on proposed voir dire, any objections must be brought to the Court's attention at least ONE (1) WEEK prior to trial. TRIAL SCHEDULE: The parties shall meet and confer and file a proposed detailed trial schedule to include a daily witness schedule with time allotted for direct/re-direct and cross examination. Counsel shall keep a full day of witness testimony scheduled, anticipating a mid-morning break, lunch break and mid- afternoon break. Testimony should fill 6 hours a day, (9:00am to 5:00pm). DUE TWO WEEKS BEFORE TRIAL. COUNSEL WILL BE EXPECTED TO ADHERE TO TRIAL SCHEDULE. JURY EVIDENCE RECORDING SYSTEM (JERS): The U.S. District Court for the District of New Mexico uses the Jury Evidence Recording System (JERS) to present evidence electronically to jurors during deliberation. Use the link below to obtain all instructions for proper formatting and submission of JERS exhibits. *submission shall be by thumb-drive only (no CDs)* https://www.nmd.uscourts.gov/jers 3 WITNESS/EXHIBIT LIST CV/CR Plaintiff’s Attorney: Defendant’s Attorney: United States District Court District of New Mexico Trial Date(s): Presiding Judge: Kea W. Riggs Court Reporter: D. Schutte Everett Courtroom Deputy: C. Bevel Pltf Deft No. No. Witness Date Off. Obj. Adm. Description of Exhibits* 4

=== Trial Preparation - Civil ===

PREPARATION FOR CIVIL TRIAL BEFORE THE HONORABLE KEA W. RIGGS A. Audio-Visual Equipment Parties should notify the Court at least two weeks in advance of trial if they require audio- visual or other special equipment. Parties are responsible for operating any of this equipment. B. EXHIBITS 1. EXCHANGE AND FORMAT OF EXHIBIT LISTS: Counsel shall file with the court and provide to opposing counsel, a proposed exhibit list THREE (3) WEEKS BEFORE TRIAL. When filing their final exhibit lists with the Court prior to trial, parties shall use the format included at the end of this document. 2. REQUIRED FORMAT FOR EXHIBIT LISTS: Exhibits shall be marked and identified clearly for each party. Use of exhibit notebooks (Plaintiff’s and Defendant’s) are encouraged for those exhibits to which neither party has objections. Exhibits shall be marked and identified (Plaintiff's by numbers and Defendant's by letters, e.g., A,B,C, . . . AA, AB, AC). 3. OBJECTIONS TO EXHIBITS: TWO (2) WEEKS before trial, counsel for each party shall file with the Court a complete list of all objections to the exhibits offered, specifying the Rule of Evidence or other legal authority upon which an objection is based. 4. REQUIRED FORMAT FOR SUBMISSION OF ELECTRONIC EXHIBITS: In addition to the requirements set out #1 pertaining to exhibits, exhibits also need to be submitted in electronic format TWO (2) WEEKS prior to trial. Refer to attached JERS Informational letter, along with Attorney Guide to JERS for instructions on how to submit electronically formatted trial exhibits to the Court. C. WITNESSES, EXPERTS: 1. WITNESSES: A complete list of witnesses in the order to be called must be filed with the Court no later than TWO (2) WEEKS before trial. Counsel must also provide a list to opposing counsel. 2. EXPERTS: All expert reports must have been exchanged in advance in accordance with Rule 26(a)(2) of the Federal Rules of Civil Procedure. As in other areas, cumulative expert testimony will not be permitted. DAUBERT MOTIONS: Challenges pursuant to Daubert shall be made prior to the 3. dispositive motions deadline as set forth in the Magistrate Judge’s Order Setting Pretrial Deadlines; that is, Daubert motions are to be fully briefed no later than the date designated as the dispositive motion deadline. D. DEPOSITIONS: Objections to use of deposition testimony are due within TWO (2) WEEKS 1. of service of the witness list. The parties must confer about any disputes and, if unable to resolve any differences, must notify the Court in writing at least ONE (1) WEEK before trial. 2. If a deposition is used in part, counsel shall mark the parts to be used for opposing counsel. The court copy shall be marked. Plaintiff will use yellow marker and Defendant blue marker. This does not apply to cross-examination or rebuttal. E. MEMORANDA OF LAW Trial briefs outlining the basic legal theories, anticipated evidence in support of such theories, and the legal basis of any anticipated evidentiary disputes may be filed with the Court at least ONE (1) WEEK before trial. F. NON-JURY TRIALS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW shall be filed at least TWO (2) WEEKS prior to trial, with references to exhibits and proposed testimony. D. JURY TRIALS 1. JURY INSTRUCTIONS: a. Parties shall meet and confer in advance of the deadline to agree on as many instructions as possible. IN PARTICULAR, PARTIES ARE EXPECTED TO AGREE ON STOCK INSTRUCTIONS AND AVOID SUBMITTING TO THE COURT SEPARATE REQUESTS FOR THE SAME STOCK INSTRUCTIONS. Parties shall be prepared to submit a legal basis for their objections to each instruction on which they do not agree. b. Proposed instructions shall be numbered and annotated. Submit no more than ONE INSTRUCTION PER PAGE.. c. Submission of proposed instructions to the Court is a two-step process: (1) E-File the proposed jury instructions with citations with the Court electronically, in accordance with D.N.M. LR-Cv 5.1, at least TWO WEEKS prior to trial. Any objections to proposed jury instructions are due at the same time. 2 E-mail: In addition to electronically filing their submissions (2) regarding jury instructions, Plaintiff and Defendant shall submit to the Court through the email address ([email protected]) on the chambers web page for proposed orders, the following, in WORD format: (A) the requested jury instructions; (B) proposed special verdict forms; and (C) the parties’ Joint Statement of the Case. NOTE: JOINT STATEMENT OF THE CASE shall be submitted at the same time the jury instructions are submitted (TWO WEEKS BEFORE TRIAL), but should be filed separately. If parties cannot agree on a Joint Statement of the Case, parties should submit separate proposed Statements. d. Parties shall also file written objections to opposing parties’ submitted instructions. These objections are due three (3) working days after jury instructions are filed. 2. MOTIONS IN LIMINE: shall be filed no later than TWO (2) WEEKS before trial for ruling. Each issue to be considered requires a separate pleading. No consolidated or omnibus motions will be considered. Responses are due ONE (1) WEEK before trial. If a motion in limine is filed earlier than two weeks before trial, the response is due one week after the motion is served. Replies to motions in limine will not be entertained unless specifically requested and allowed. 3. VOIR DIRE: In the average case, each counsel will be permitted TEN (10) minutes to voir dire the venire panel. Do not argue the case or cite legal principles in your voir dire. Requested voir dire shall be exchanged between counsel and shall be filed with the Court at least TWO (2) WEEKS prior to trial. If counsel cannot agree on proposed voir dire, any objections must be brought to the Court's attention at least ONE (1) WEEK prior to trial. 3 WITNESS/EXHIBIT LIST CV/CR Plaintiff’s Attorney: Defendant’s Attorney: United States District Court District of New Mexico Trial Date(s): Presiding Judge: Kea. W. Riggs Court Reporter: M. Loughran Courtroom Deputy: C. Bevel Pltf Deft No. No. Witness Date Off. Obj. Adm. Description of Exhibits* 4 INFORMATIONAL LETTER Dear Counsel: The United States District Court for the District of New Mexico has installed new equipment into some courtrooms for use during trials in which jurors may view evidence electronically during deliberation. The newly installed equipment is known as JERS (Jury Evidence Recording System). The Western District of North Carolina created JERS for the purpose of electronically capturing evidence during a trial and then allowing a jury to view the evidence on a monitor in the Jury Deliberation Room. The District of New Mexico has been working to customize and test the equipment for the benefit of our court and our jurors. We would like to use JERS during the upcoming trial in your case. The use of JERs will not affect how you present your case. You will proceed in normal course by presenting the exhibits/evidence either in paper form or from your laptop. All that the Court requires is the submission of the exhibits/evidence on an electronic storage device (CD, DVD or USB drive) TEN (10) calendar days before trial. The evidence is then imported into JERS and stored until the conclusion of the trial, when evidence is submitted to the jurors for deliberation. It is important to note that, similar to non-electronic evidence, only electronic evidence that is admitted and allowed by the Court will be viewable by jurors during deliberation. Included with this letter is a copy of the Attorney Guide to JERS, where instructions are provided as to the formatting and naming of files. When creating the Indexed File Method, it is important that you follow the exact method as provided in the Attorney Guide – for instance, no spaces, and bars must be placed as shown. It is the goal of the Court to provide attorneys with useful and effective equipment. It is the assistance from attorneys, such as you, that helps us achieve these goals. 5