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United States v. Sutton

January 4, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GLEN A. SUTTON, DEFENDANT.



The opinion of the court was delivered by: David G. Larimer United States District Judge

PRETRIAL ORDER

This order will control the conduct of the trial in this case.

A. SCHEDULE

A jury trial is scheduled to commence on February 13, 2006 at 9:00 a.m. This is a day-certain trial date which will not be adjourned.

The pretrial conference is scheduled for February 6, 2006 at 3:00 p.m. The attorneys who will actually try the case must be present at the pretrial conference prepared as required by this order.

B. PRETRIAL CONFERENCE

The following are the requirements for the pretrial conference:

1. Voir Dire Preparation

(a) All parties will submit, on a separate sheet, the name, firm name and business address of the attorney trying the case and the names of any assistants that will be in court at counsel table.

(b) Each defendant will submit, on a separate sheet, the full name and address of the defendant.

(c) The Government will provide a list of its prospective witnesses. For proper identification to the jury, this list should include the following:

(i) The full name of the witness.

(ii) The occupational association, e.g., FBI, Monroe County Sheriff's Department, Marine Midland Bank.

(iii) Address of witness. Town and state will be sufficient.

(iv) A brief statement of the general subject matter expected to be covered by the witness (e.g., John Doe, chemist who analyzed drugs; Mary Smith - victim teller at Marine Midland Bank).

(d) Each defendant must provide a similar list of witnesses that he knows will testify.

2. Conduct of Voir Dire

The Court will conduct voir dire. Depending on the circumstances of the case, the Court may allow counsel to make brief inquiry of the jury.

The Court does have certain standard questions that it will ask.

All questions that the parties wish the Court to submit to the panel must be submitted in writing at the pretrial conference. Failure to do so constitutes a waiver of any requests by that party.

3. Exhibits and Exhibit Lists

The Government will submit an exhibit list on forms supplied by the clerk's office that briefly describes each proposed exhibit. ALL exhibits shall be denominated by number. The Government's exhibits shall use numbers 1 through 399; defendant shall use numbers 400 through 699. This list must include all exhibits that the Government intends to use in its case in chief. Exhibits that may only be used to cross-examine defense ...


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