The opinion of the court was delivered by: David G. Larimer United States District Judge
This order will control the conduct of the trial in this case.
A jury trial is scheduled to commence on November 2, 2009 at 8:30 a.m. This is a day- certain trial date which will not be adjourned.
Counsel must notify this Court immediately if a pretrial resolution of this matter has been reached. The Court encourages the Government to set a deadline for disposition of the case by plea. This will allow for the orderly disposition of cases and avoid needless effort and expense of counsel and the Court.
A pretrial conference is scheduled for October 22, 2009 at 2:00 p.m. The attorneys who will actually try the case must be present at the pretrial conference.
At the pretrial conference, the Court, together with the parties, will determine the trial schedule. It is the general practice of the Court to start each day of trial at 8:30 a.m. and run until 1:30 p.m. without a lunch break. In some cases, though, circumstances may dictate that trial be conducted all day, from 9:00 a.m. until approximately 4:30 p.m.
Unless otherwise indicated, the following pretrial submissions MUST BE FILED with the Clerk of the Court and served on opposing counsel at least TWO WEEKS before the pretrial conference.
All parties must submit, on a separate page, the name, firm name and business address of the attorney or attorneys trying the case and the names of any assistants that will be in court at counsel's table.
Each defendant must submit, on a separate page, the full name and address of the defendant. The Government must submit a list of its prospective witnesses.
Each defendant must submit a list of witnesses that he expects will testify.
For proper identification to the jury, the parties' witness lists should include the following:
(A) The full name of the witness.
(B) The occupational association of the witness, e.g., FBI, Monroe County Sheriff's Department, victim teller at bank.
(C) The address of witness - city and state will be sufficient. (D) 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).
The Court will conduct voir dire by asking a standard list of questions of the panel. The parties may submit a list of proposed questions they wish the Court to ask the panel. Failure to do so constitutes a waiver of any requests by that party. Depending on the circumstances of the case, the Court may allow counsel to make brief inquiry of the panel.
2. Jencks Act, 18 U.S.C. § 3500
It is in all cases preferable and advisable that § 3500 material be exchanged according to a schedule previously established, but no later than TWO WEEKS before the pretrial conference. This practice avoids lengthy delays during trial and affords the defense a reasonable opportunity to review this material.
3. Exhibit Lists and Exhibits
The Government must file an exhibit list on forms supplied by the Clerk's Office that briefly describes each proposed exhibit. This list must include all exhibits that the Government intends to use in its case-in-chief.
Defendant must file an exhibit list containing those exhibits he/she expects to introduce in his/her direct case.
Exhibits that the attorneys anticipate will be used during cross-examination for impeachment, to refresh a witness' recollection or otherwise must also be included in the exhibit lists.
ALL exhibits shall be denominated by number. The Government's exhibits shall use numbers 1 through 399; defendant shall use numbers 400 through 699. All exhibits on the exhibit lists must be physically tagged and marked with the appropriate stickers prior to commencement of the trial.
The parties should consider appropriate stipulations concerning undisputed facts or testimony. It is especially troubling to force custodians of business records ...