Courtroom Behavior

Traditional, formal courtroom etiquette is required of all who appear in court as specified in Appendix C. SUPPLEMENTAL ADMIRALTY RULES A. DESIGNATION AS “ADMIRALTY CASE” Papers in cases arising within the admiralty or maritime jurisdiction shall bear the word “admiralty” at the top, immediately below the case number.

E. ADMIRALTY SALES

In the absence of conflicting requirements in the order of sale, these are the procedures for sales of property under marshal’s seizure in admiralty actions: 1. Notice The notice of sale shall be published in a daily newspaper of general circulation in the division of the seizure on at least four days, between three and thirty- one days before the sale date. 2. Payment A. Payment to the marshal shall be by cash, cashier’s check, or certified check; acceptance of cashiers’ checks is conditioned on their payment.

22 B. Accepted bids of less than $1,000 shall be paid to the marshal on their acceptance. C. For accepted bids of $1,000 and more, the higher of ten percent of the bid or $1,000 shall be deposited immediately and be paid in full within 7 days of the sale. If an objection is filed within the 7 days, the buyer may defer payment of the balance until the sale is confirmed. (Amended by General Order 2009-17, effective December 1, 2009).

3. Default If the buyer does not pay the bid on time, (1) the deposit is forfeited to the action, applied to costs, then paid to the registry; and (2) the Court may accept the second bid or order a new sale. 4. Objections 4.1.

Time Objections must be written and filed with the marshal within 7 days of the sale date. (Amended by General Order 2009-17, effective December 1, 2009). 4.2. Deposit Objections shall be accompanied by a cost deposit of seven days of estimated expenses of custody.

4.3. Disposition A. B. If sustained, the deposits by the bidder and objector will be refunded immediately. If overruled, the balance of the objector’s deposit that remains after deduction of the expenses of custody from the day of the objection until the day of the confirmation will be paid to the objector.

SUPPLEMENTAL HABEAS CORPUS RULES 1.

STAYS OF EXECUTION A.

Application Requirements A party who seeks to stay the execution of a Texas death warrant shall include in the application: 1. A copy of each state court opinion and judgment in the matter; 23 2. A description of the relief sought from any United States Court, including action number and court name; 3. The reasons for denying relief given by the courts that have considered the matter, by written opinion or portions of the transcript; and 4.

An explanation why issues urged in the application have not been raised or exhausted in state court. B. Appeal If a certificate of appealability is issued, the stay of execution will continue until the court of appeals acts. C. Successive Applications All applications for relief from state orders in a single matter will be assigned to the judge to whom the first application was assigned. All applications for relief from state orders after the first will be strictly and promptly considered.

CRIMINAL RULES

CrLR6.

GRAND JURY WITNESSES

Names of witnesses appearing before a grand jury may be sealed for cause. CrLR12.

CRIMINAL PRETRIAL MOTION PRACTICE

Cr12.1 Implementation Fed.R.Crim.P.12 and this rule are to be followed to ensure consistent and efficient practice before this Court. Motions and responses that do not comply with these rules are waived. Cr12.2 Form A pretrial motion shall be in writing and state specifically the basis for the motion. The motion shall be supported by a statement of authority.

It shall also be accompanied by a separate order granting the relief requested and by an averment that the movant has conferred with the respondent, but that an agreement cannot be reached on the disposition of the motion. If the motion presents issues of fact, it shall be supported by affidavit or declaration which sets forth with particularity the material facts at issue. An unopposed motion and its order must bear in the captions “unopposed.” 24 Cr12.3 Reponses If the respondent contests the motion, the response must be in writing, accompanied by authority and controverting affidavit or declaration of material facts, together with a separate order denying the relief sought Cr12.4 Service All motions must be served on all parties and contain a certificate of service. Cr12.5 Submission At the time of arraignment, the judicial officer shall set the time for pretrial motions and for any responses to the motions.

CrLR18.

PLACE OF TRIAL WITHIN THE DISTRICT A.

Division in Which Prosecution and Trial May Occur 1. Unless a statute, other rule, or court order requires otherwise, the government may prosecute a case in any Division in the District in which the offense was committed, in whole or in part. 2. The court may fix the venue of a criminal case in any Division in the District, consistent with Fed.R.Crim.P.18 and this Local Rule.

B. Multiple Offenses In cases involving multiple offenses joined under Fed.R.Crim.P.8(a), the court may fix the venue in any Division in the District in which any one of the offenses may be tried. C. Multiple Defendants In cases involving multiple defendants joined under Fed.R.Crim.P.8(b), the court may fix the venue in any Division in the District in which any one of the defendants may be tried. D. Intradistrict Transfer On a judge’s own motion or on the motion of a party, the judge in whose court the case was filed may transfer the case to a different Division in the District, if, after notice to the parties and an opportunity for them to be heard, the judge finds that the case was not filed in the proper Division or that transfer to a different Division would be in the interests of justice, based on the convenience of the defendant and the witnesses and on the prompt administration of justice. 1.

If a case is transferred to another Division under Rule 18 and this Local Rule, the Clerk of Court will assign the case to a judge in the transferee Division in 25 accordance with the plan for random assignment, unless the transferor judge orders that he or she will continue to handle the case after transfer. 2. If a case is retained in the Division where it was filed, the judge may direct the Clerk of Court to assign it to a judge in a Division in which venue would have been proper under Rule 18 and this Local Rule, in accordance with the plan for random assignment. (Added May 14, 2019, General Order 2019-4).

CrLR23.

TRIAL

Cr23.1 Free Press-Fair Trial Guidelines The Free Press-Fair Trial Guidelines of the Judicial Conference of the United States shall apply to all criminal proceedings in this district. 87 F.R.D. 519, 525 (1980). Cr23.2 Electomechanical Devices Except by leave of the presiding judge, no photo- or electro-mechanical means of recordation or transmission of court proceedings is permitted in the courthouse. CrLR24.

JURIES

Cr24.1 Juror Contact Except with leave of Court, no attorney, party, nor agent of either of them may communicate with a former juror to obtain evidence of misconduct in the jury’s deliberations. Cr24.2 Jurors’ Names A. The names of grand jurors shall be held confidential. B. The trial judge may hold the names of petit jurors confidential. C. Names of jurors held confidential shall not be disclosed other than to employees of the judiciary of the United States in their official duties.

CrLR32.

SENTENCING PROCEDURES

Cr32.1 Waiver of the Presentence Investigation A presentence investigation will be prepared and submitted to the Court unless the Court finds that information in the record enables it to exercise its 26 sentencing authority under 18 U.S.C. § 3553 and explains this finding on the record. A. On motion filed before rearraignment, the Court will consider waiving the preparation of the presentence investigation. The motion shall contain: 1. a factual summary of the defendant’s relevant conduct in committing the offense; 2. a listing of the defendant’s criminal history, including dates of conviction, dispositions, and representation by counsel; 3. guideline calculations leading to the establishment of the total offense level and criminal history category; 4. a statement reflecting the resulting imprisonment, fine and supervised release ranges, as well as any factors that may warrant a departure from these ranges; and 5. a statement as to the identity and address of any victim(s) and the amount of restitution due to any victim. In the case of any identified victim where no restitution or only partial restitution is being recommended, the motion shall include a statement justifying the recommendation.

Cr32.2 Order of Presentence Investigation and Initial Disclosure Date At the time of determination of guilt, the Court will fix the date by which the initial presentence report shall be disclosed to counsel. The normal schedule for investigation, preparation, and completion of the initial report will be 35 days. In addition, unless waived by the defendant, the presentence report shall be disclosed not less than 35 days before the sentencing date. Cr32.3 Presence of Counsel On request, defense counsel is entitled to notice and a reasonable opportunity to attend any interview of the defendant by a probation officer in the course of a presentence investigation.

A. A request to be present at interviews conducted by the probation officer must be made to the probation office immediately after the determination of guilt, followed by written notice to the probation office within 7 days. (Amended by General Order 2009-17, effective December 1, 2009). B. The term “interview” applies to communications initiated by the probation officer for purposes of developing information which will be used in preparation of the presentence investigation. Spontaneous or unplanned 27 encounters between the defendant and probation officer would not normally fall within the purview of this rule.

C. Having received notice, defense counsel, or his/her designee, is responsible for being present at the interview(s) to enable timely completion of the presentence report. Cr32.4 Delivery Presentence reports and related documents are filed under seal by the probation office electronically in the Court’s Electronic Filing System (CM/ECF). The Notice of Electronic Filing (NEF) automatically generated by the Court’s Electronic Filing System notifies counsel their copy of the report can be retrieved utilizing their Filing User log-in and password issued upon admittance to the bar of this Court. (See Administrative Procedures for Electronic Filing in Civil and Criminal Cases).

In extenuating circumstances, paper copies may be requested from the probation office by counsel. Counsel will then be responsible for obtaining the paper copy of the report at the probation office in the city of the sentencing court, or making arrangements with the probation office for alternative delivery, at counsel’s expense. These arrangements should be confirmed in writing with the probation office. Delivery via facsimile is not authorized.

Alternative delivery extends no time limits. (Amended by General Order No. 2014-4, effective January 31, 2014). Cr32.5 Counsel’s Duty Defense counsel shall disclose every report to the client. Cr32.6 Objections A. Within 14 days after disclosure of the initial report, counsel shall deliver objections to the report in writing to the probation office.

Objections to the report shall include proposed changes to the facts of the offense as reported and to the interpretation and application of the sentencing guidelines. B. A party not objecting must deliver a statement of non-opposition to the probation office. C. All papers must contain a certificate of service on all counsel. A copy of the instrument and certificate shall be filed with the district clerk.

28 Cr32.7 Final Report A. After the time for objections, the probation office shall promptly investigate and revise the initial report, as required. The probation office may require counsel to meet the officer to discuss disputed factual and legal issues. B. Within 14 days after the time for objections but in no event later than 7 days before sentencing, the probation office shall submit to the sentencing judge the final report, with an addendum of unresolved objections and the officer’s comments on them. The final report shall contain a certificate that it has been disclosed to all counsel and that a copy has been filed under seal with the district clerk.

Cr32.8 Availability The initial report may be obtained on the disclosure date established by the Court. The final report (if different from the initial report) and addendum may be obtained as soon as counsel are notified that the report is available. Notification will be accomplished via a Notice of Electronic Filing issued by the Court's Electronic Filing System (CM/ECF). (Amended by General Order No. 2014- 4, effective January 31, 2014).

Cr32.9 Effect Except for objections in the addendum, the Court may accept the final report as accurate. Absent a clear demonstration of good cause, no party shall be allowed at the time of sentencing to present other objections. Cr32.10 Sentencing Date Unless waived by the defendant, the sentencing date shall be at least 7 days after the final report is delivered to the Court. Cr32.11 Limitation This rule does not require disclosure of portions of the report not disclosable under Fed.R.Crim.P.32.

The probation officer’s recommendation on the sentence shall not be disclosed unless so ordered by the sentencing judge. CrLR46 BOND PROCEDURE Cr46.1 Sureties and Non-Assignability of Receipts No employee of the United States Courts or of the United States Marshal’s Service will be accepted as surety on any bond or undertaking in any 29 proceeding. A clerk’s receipt or the claim for the refund of a deposit is not assignable. Cr46.2 Return of Criminal Bond Deposits When a depositor is entitled to a refund of the deposit, the clerk will submit the request for the refund to the United States Attorney who will certify that the defendant has met the obligations of the bond fully and that the United States Attorney consents to the return.

CrLR49 FILING REQUIREMENTS The provisions of Civil Local Rule 5 with respect to electronic filing and service in civil cases are applicable to criminal cases. (Amended by General Order No. 2005-7, effective April 6, 2005). CrLR55 RECORDS Cr55.1 Withdrawal of Instruments No filed instrument shall be removed from the clerk’s custody without an order. Cr55.2 Exhibits at Criminal Trials A. Authentication of Exhibits A party requiring authentication of an exhibit must notify the offering party in writing within 7 days after the exhibit is listed and made available.

Failure to object in advance of the trial in writing concedes authenticity. B. Objections to Exhibits Objections to admissibility of exhibits must be made at least 7 days before trial by notifying the Court in writing of the disputes, with copies of the disputed exhibit and authority.

C. Disposition of Exhibits 1.

Exhibits that are not easily stored in a file folder (like posters, parts, or models) must be withdrawn within 7 days after the completion of the trial and reduced reproductions or photographs substituted. 2. If there is no appeal, exhibits will be removed by the offering party within thirty days after disposition of the case. When there is an appeal, exhibits returned by the court of appeals will be removed by the offering party within 14 days after written notice from the 30 clerk.

Exhibits not removed will be disposed of by the clerk, and the expenses incurred will be taxed against the offering party. (Amended by General Order 2009-17, effective December 1, 2009). CrLR57.

MISCELLANEOUS

Cr57.1 Magistrate Judges The magistrate judges of this District are authorized to perform all of the duties allowed by law, including the provisions of 28 U.S.C. § 636, General Order No. 2001-6, and General Order 91-26. These local rules apply to proceedings before a magistrate judge. (Amended by General Order 2001-9, effective June 25, 2001). Cr57.2 Courtroom Behavior Traditional, formal courtroom etiquette is required of all who appear in court as specified in Appendix C. Cr57.3 Admission to Practice The provisions of Civil Local Rule 83.1 with respect to admission to practice are applicable to criminal cases.

CrLR58.

PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES

Cr58.1 Forfeiture of Collateral in Lieu of Appearance A. A person or organization charged with a misdemeanor or a petty offense as defined in 18 U.S.C. § 19 for which there is a published schedule providing for forfeiture of collateral may, in lieu of appearance, post collateral in the amount indicated for the offense, waive appearance before the United States District or Magistrate Judge, and consent to forfeiture of collateral. B. The Court has adopted forfeiture schedules and may from time to time modify and change these schedules by general order of the court without notice or comment. C. If a person or organization charged with an offense under Section A of this Rule fails to post and forfeit collateral, any punishment, including fine, imprisonment, or probation, may be imposed within the limits established by law upon conviction by plea or after trial. 31 D. A person or organization charged with a misdemeanor or petty offense for which there is not a published schedule providing for forfeiture of collateral must appear before a United States District or Magistrate Judge.

E. Of the total collateral amount paid, the sum of five dollars is designated as the special assessment required by 18 U.S.C. § 3013. (Added May 3, 2001). 32 APPENDIX A: RULES OF DISCIPLINE RULES OF DISCIPLINE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS (Effective September 15, 2025) Rule 1. Standards of Professional Conduct.

A. Attorneys who practice before this court are required to act as mature and responsible professionals, and the minimum standard is the Texas Disciplinary Rules of Professional Conduct. B. Violation of the Texas Disciplinary Rules of Professional Conduct will be grounds for disciplinary action, but the court is not limited by that code. Rule 2. Conviction of Crime.

A. An attorney who practices before this court convicted of a felony offense or a misdemeanor involving moral turpitude or a controlled substance (excluding controlled substance offenses punishable as fine-only misdemeanors) in any United States federal or state court must notify this court in writing within 30 days and furnish to the clerk of court a certified copy of the judgment of conviction. B. After the court has notice that an attorney who practices before this court has a felony conviction or a misdemeanor conviction as described in Rule 2.A., it will follow the procedures outlined in Rule 5 to determine whether discipline should be imposed on the attorney. Rule 3. Discipline by A Licensing Authority.

A. An attorney who practices before this court disciplined by a licensing authority of one of the fifty states, the District of Columbia, or a Territory of the United States, must notify this court in writing within 30 days and furnish to the clerk of the court a certified copy of the order of discipline. B. An attorney who practices before this court may be suspended by the Southern District of Texas if he or she receives discipline from a licensing authority for any reason other than nonpayment of dues or failure to meet continuing legal education requirements. This rule shall include, but is not limited to, instances where an attorney: is disbarred, i. ii. received an active suspension, 33 iii. resigns in lieu of discipline, iv. received a probated suspension, or v. has any other discipline affecting his or her right to practice law imposed, by agreement or otherwise, as a result of the attorney’s failure to adhere to any applicable standard of professional conduct. If a member of this bar voluntarily resigns from a licensing authority for reasons unrelated to a disciplinary proceeding or problem, he or she may maintain their membership to this bar as long as they retain the right to practice law with another licensing authority.

C. After the court has notice that an attorney who practices before this court has received discipline as set forth in Rule 3.B.iv or v, it will follow the procedures outlined in Rule 5 to determine whether discipline should be imposed on the attorney. Rule 4. Discipline by Another Court. A. An attorney who practices before this court disciplined by any United States federal or state court must notify this court in writing within 30 days and furnish to the clerk of the court a certified copy of the order of discipline.

B. An attorney who practices before this court may be suspended by the Southern District of Texas if he or she receives discipline from a United States federal or state court for any reason other than nonpayment of dues or failure to meet continuing legal education requirements. This rule shall include, but is not limited to, instances where an attorney: is disbarred, i. ii. received a suspension, iii. resigns in lieu of discipline, iv. received a sanction, or v. has any other discipline affecting his or her right to practice law imposed, by agreement or otherwise, as a result of the attorney’s failure to adhere to any applicable standard of professional conduct. C. After this court has notice that an attorney who practices before this court has received discipline as set forth in Rule 4.B. it will follow the procedures outlined in Rule 5 to determine whether discipline should be imposed on the attorney. 34 Rule 5.

Procedure. A. If an attorney who practices before this court receives discipline as set forth in Rule 3.B.iv or v, or Rule 4.B., the clerk will serve a notice and order upon the attorney involved which will become effective thirty days after the date of service, imposing reciprocal discipline in this district. The notice will be sent by mail and electronically to the last known address and email on file in the Southern District of Texas’ CM/ECF data base. B. Within 30 days of service of the notice and order, the attorney may file a motion for modification or revocation of the order, unless good cause is shown why a longer period of time is warranted.

The motion must set forth, with specificity, the facts and principles relied upon by the attorney as to why a different disposition should be entered by this court. See Rule 5.D. The motion must identify all cases currently pending in the Southern District of Texas and include the attorney’s clients in each matter. Timely filing of such a motion will stay the order until further notice by the court. C. A motion seeking modification or revocation of the order will be assigned to the chief judge, or his or her designee, for review.

D. Discipline shall be imposed under this section unless the attorney establishes that: i. the procedure followed in the other jurisdiction deprived the attorney of due process, ii. the proof was so clearly lacking that this court should not accept the final conclusion of the other jurisdiction, iii. the imposition of the identical discipline would result in a grave injustice, jurisdiction warrants iv. the misconduct established by the other substantially different discipline in this court, or v. the misconduct for which the attorney was disciplined in the other jurisdiction does not constitute professional misconduct in this State or in this court. E. The chief judge, or his or her designee, will review the attorney’s motion for modification or revocation and enter an order granting or denying the motion. F. The decision of the chief judge, or his or her designee, is final. 35 Rule 6.

Charges of Misconduct Warranting Discipline. A. Written charges that an attorney who practices before this court engaged in conduct which might warrant disciplinary action must be addressed to the chief judge with a copy to the clerk of court. B. Conduct which may warrant disciplinary action include: i. conduct unbecoming an attorney who practices before this court, as defined in Rule 1, ii. failure to comply with these local rules or any other rule or order of this court, iii. unethical behavior, or iv. inability to conduct litigation properly. C. The chief judge, or his or her designee, will review the charge to determine whether the charge is frivolous.

A frivolous charge will be dismissed. If the charge is deemed to be not frivolous, the clerk will open a sealed, miscellaneous matter and randomly assign it to an active district judge for further proceedings. The presiding judge or the chief judge may unseal the case sua sponte or by request. The chief judge may consolidate multiple charges filed against the same attorney or charges filed against multiple attorneys stemming from the same set of facts.

D. The presiding judge will send the charged attorney a copy of the complaint and allow the attorney an opportunity to respond. E. After the charged attorney has responded, or if the time allotted for a response has lapsed with no response, the presiding judge may dismiss the charges or continue with the proceedings. If the presiding judge determines that a hearing is needed, the presiding judge will give at least 14 days’ notice to the charged attorney of the time of the hearing, the charges to be heard, and the right to counsel at the hearing. The hearing will be held on the record in open court as a miscellaneous proceeding.

Rule 1101(d)(3), Federal Rules of Evidence applies, and all witnesses must be sworn. F. The presiding judge may appoint an attorney to investigate and prosecute the charges. Costs of the prosecutor and fees allowed by the hearing judge may be paid from the Attorney Admission Fund. 36 G. If the presiding judge determines that a mediation would be beneficial, the costs of such mediation may be paid from the Attorney Admission Fund.

H. The presiding judge will file his or her judgment, providing a copy to the chief judge and the attorney. If the presiding judge determines that disciplinary action should be taken, the presiding judge will make findings of violations and order either permanent disbarment, a suspension, a written or oral reprimand and whether such should be public or private with such conditions as the judge may order. I. The presiding judge may assess costs of the proceedings incurred by the court upon the attorney if he or she is found in violation of conduct set forth in paragraph 6.B. J. The attorney may appeal the judgment by filing a notice of appeal within 14 days of the judgment. A panel of three other randomly assigned active district judges of the court will hear the appeal.

The appeal will be on the record developed at the hearing. Facts found by the presiding judge are not reviewable unless clearly erroneous. The law determined by the presiding judge is reviewable de novo. The decision of the panel is final.

There is no en banc review. (Amended by General Order 2009-17, effective December 1, 2009). K. If the membership in the Southern District Bar of the attorney being disciplined was not current at the time of the court order imposing discipline, the order can include that the attorney may not reapply for admission except under such conditions as the court may impose. Rule 7.

Reinstatement. A. A member of this bar who has been suspended or disbarred must apply to this court for reinstatement before resuming practice before this court. A member of this bar who has been suspended may apply for reinstatement before the end of his or her suspension, but reinstatement will not occur until the suspension has been fully served. A member of this bar who has been disbarred may apply for reinstatement, but not before five years from the effective date of the disbarment.

B. All petitions for reinstatement will be filed with the clerk of the court who will promptly refer the petition to the Attorney Admission Committee for its recommendation on the petition. The recommendation will be presented to the full court for a final decision on the petition. 37 C. Petitions for reinstatement must be accompanied by all documents related to any and all discipline ever received by the attorney, including but not limited to the Petition, the Judgment, and all documentation proving all requirements of each discipline have been met (i.e., receipts for fines paid, CLE classes taken, etc.). A short narrative is recommended to provide the Attorney Admission Committee any additional information relevant to the discipline received.

D. No petition for reinstatement may be filed within one year following an adverse ruling on a previous petition. Rule 8. Attorneys Specially Admitted. An appearance by an attorney before the court, by writing, or in person, confers disciplinary jurisdiction upon the court under these rules.

Rule 9. Service of Papers. Service of papers under these rules must be made electronically in the Court’s Electronic Filing System (CM/ECF), by personal service or by first class mail addressed to the respondent or respondent’s attorney. Rule 10.

Special Duties of the Clerk. Upon final disciplinary action by the court, the clerk will send certified copies of the court’s order to the State Bar of Texas. Rule 11. Inherent Power of Judges.

The existence of these rules does not limit the power of district judges to exercise their inherent powers over attorneys who practice before them, and the chief judge has the right to designate another district judge to serve under these rules in the place of the chief judge. Rule 12. Effective Date. These rules are effective immediately; all pending disciplinary matters will be concluded under these rules; and the rules effective August 18, 2023, are superseded by them.

38 APPENDIX B: JOINT PRETRIAL ORDER Plaintiffs vs. Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS , , § § § § § § § JOINT PRETRIAL ORDER CIVIL ACTION NO. 1.

APPEARANCE OF COUNSEL

List each party, its counsel, and counsel's address, email address and telephone number in separate paragraphs. 2.

STATEMENT OF THE CASE

Give a brief statement of the case, one that the judge could read to the jury panel for an introduction to the facts and parties; include names, dates, and places. 3.

JURISDICTION

Briefly specify the jurisdiction of the subject matter and the parties. unresolved jurisdictional question, state it. If there is an 4.

MOTIONS

List pending motions. 5.

CONTENTIONS OF THE PARTIES

State concisely in separate paragraphs each party's claims. 6.

ADMISSIONS OF FACT

List all facts that require no proof. 7.

CONTESTED ISSUES OF FACT

List all material facts in controversy. 39 8.

AGREED PROPOSITIONS OF LAW

List the legal propositions that are not in dispute. 9.

CONTESTED PROPOSITIONS OF LAW

State briefly the unresolved questions of law, with authorities to support each. 10.

EXHIBITS A.

On a form similar to the one provided by the clerk, each party will attach two lists of all exhibits expected to be offered and will make the exhibits available for examination by opposing counsel. All documentary exhibits must be exchanged before trial, except for rebuttal exhibits or those whose use cannot be anticipated. B. A party requiring authentication of an exhibit must notify the offering counsel in writing within 7 days after the exhibit is listed and made available; failure to object in advance of the trial in writing concedes authenticity. C. Within reason, other objections to admissibility of exhibits must be made at least 7 days before trial; the Court will be notified in writing of disputes, with copies of the disputed exhibit and authority.

D. Parties must mark their exhibits to include the date and case number on each. E. At the trial, the first step will be the offer and receipt in evidence of exhibits. 11.

WITNESSES A.

List the names and addresses of witnesses who may be called with a brief statement of the nature of their testimony. Include the qualifications of expert witnesses; these will be used to qualify the expert at trial. B. Include: "If other witnesses to be called at the trial become known, their names, addresses, and subject of their testimony will be reported to opposing counsel in writing as soon as they are known; this does not apply to rebuttal or impeachment witnesses." 12.

SETTLEMENT

State that all settlement efforts have been exhausted, that the case cannot be settled, and that it will have to be tried. 40 13.

TRIAL A.

Probable length of trial; and B. Logistical problems, including availability of witnesses, out-of-state people, bulky exhibits, and demonstrations. 14.

ATTACHMENTS

Include these required attachments: A. For a jury trial: (1) (2) Proposed questions for the voir dire examination. Proposed charge, including instructions, definitions, and special interrogatories, with authority. B. For a nonjury trial: (1) Proposed findings of fact (without repeating uncontested facts) and (2) Conclusions of law, with authority. Date: Approved: Date: Date: UNITED STATES DISTRICT JUDGE Attorney-in-Charge, Plaintiff Attorney-in-Charge, Defendant 41 APPENDIX C: COURTROOM ETIQUITTE People who appear in court must observe these and other conventions of courteous, orderly behavior.

A. Be punctual.

B. Remain in attendance until excused.

All persons sitting before the bar shall remain there during each session and return after recess. Parties and counsel must remain in attendance during jury deliberations; absence waives the right to attend the return of the verdict.

C. Dress with dignity.

D. Address others only by their titles and surnames, including lawyers, witnesses, and E. F. court personnel. Stand when the Court speaks to you; stand when you speak to the Court. Speak only to the Court, except for questioning witnesses and, in opening and closing, addressing the jury. Avoid approaching the bench.

Counsel should anticipate the necessity for rulings and discuss them when the jury is not seated. When a bench conference is unavoidable, get permission first. G. Hand to the clerk, not the judge or reporter, all things for examination by the judge. H. Stand when the judge or jury enters or leaves the courtroom.

I. Contact with the law clerks is ex parte contact with the Court. Contact must be through the case manager. Assist the summoning of witnesses from outside the courtroom. Furnish the clerk and marshal with a list of witnesses showing the order they are likely to be called.

J. K.

Question witnesses while seated at counsel table or standing at the lectern. When it is necessary to question a witness about an exhibit, ask permission to approach the witness.

L. Conduct no experiment or demonstration without permission.

M. Do not participate in a trial as an attorney if you expect you may be called as a material witness. N. Avoid disparaging remarks and acrimony toward counsel and discourage ill will between the litigants. Counsel must abstain from unnecessary references to opposing counsel, especially peculiarities.

O. Make no side-bar remarks.

P. Counsel are responsible for advising their clients, witnesses, and associate counsel about proper courtroom behavior. Q. Request the use of easels, light boxes, and other equipment well in advance so that they may be set up while the Court is not in session. 42 APPENDIX D: GUIDELINES FOR PROFESSIONAL CONDUCT A. In fulfilling his or her primary duty to the client, a lawyer must be ever conscious of the broader duty to the judicial system that serves both attorney and client. B. A lawyer owes, to the judiciary, candor, diligence and utmost respect.

C. A lawyer owes, to opposing counsel, a duty of courtesy and cooperation, the observance of which is necessary for the efficient administration of our system of justice and the respect of the public it serves. D. A lawyer unquestionably owes, to the administration of justice, the fundamental duties of personal dignity and professional integrity.

E. F. G.

Lawyers should treat each other, the opposing party, the court, and members of the court staff with courtesy and civility and conduct themselves in a professional manner at all times. A client has no right to demand that counsel abuse the opposite party or indulge in offensive conduct. A lawyer shall always treat adverse witnesses and suitors with fairness and due consideration. In adversary proceedings, clients are litigants, and though ill feeling may exist between clients, such ill feeling should not influence a lawyer’s conduct, attitude, or demeanor towards opposing lawyers.

H. A lawyer should not use any form of discovery, or the scheduling of discovery, as a means of harassing opposing counsel or counsel’s client.

I. J. K.

Lawyers will be punctual in communications with others and in honoring scheduled appearances and will recognize that neglect and tardiness are demeaning to the lawyer and to the judicial system. If a fellow member of the Bar makes a just request for cooperation, or seeks scheduling accommodation, a lawyer will not arbitrarily or unreasonably withhold consent. Effective advocacy does not require antagonistic or obnoxious behavior and members of the Bar will adhere to the higher standard of conduct which judges, lawyers, clients, and the public may rightfully expect. (Added May 8, 2001).

43