United States District Court, W.D. New York
G. LARIMER United States District Judge.
order will control the conduct of the trial in this case.
trial is scheduled to commence on August 7, 2017 at 8:30 a.m.
This is a day-certain trial date which will not be adjourned.
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
pretrial conference is scheduled for August 1, 2017 at 2:00
p.m. The attorneys who will actually try the case must be
present at the pretrial conference.
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.
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
Voir Dire Preparation
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
defendant must submit, on a separate page, the full name and
address of the defendant.
Government must submit a list of its prospective witnesses.
defendant must submit a list of witnesses that he expects
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
(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).
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
Jencks Act, 18 U.S.C. § 3500
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
Exhibit Lists and Exhibits
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.
must file an exhibit list containing those exhibits he/she
expects to introduce in his/her direct case.
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
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.
parties should consider appropriate stipulations concerning
undisputed facts or testimony. It is especially troubling to
force custodians of business records and chain-of-custody
witnesses to appear.
Government wishes to present proof by stipulation, it must
submit to opposing counsel proposed stipulations of fact or
proposed stipulations of testimony at least TWO WEEKS before
the pretrial conference with a request that the defendant
agree to the stipulations.
shall notify the Government as soon as possible, but no later
than ONE WEEK before the pretrial conference, whether it ...