Johnson v. Ayers

Filing 394

PRETRIAL ORDER. Signed by Judge Susan Illston on 4/27/18. (Attachments: # 1 Standing Order)(tfS, COURT STAFF) (Filed on 4/28/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES,

Case No.

(SI)

Plaintiff,
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v.

ORDER FOR PRETRIAL
PREPARATION (CRIMINAL)

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,

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Defendant(s).

United States District Court
Northern District of California

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Good cause appearing, IT IS HEREBY ORDERED that:
TRIAL DATE: On

at 8:30 a.m., Courtroom 1, 17th floor, and will be before the JURY.

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TRIAL LENGTH is estimated to be

days.

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MOTIONS IN LIMINE :
Any party wishing to have motions in limine heard prior to the commencement of trial
must file and serve same no later than five court days prior to the date set for the Pretrial
Conference. Any party opposing such a motion in limine shall file and serve its opposition papers
no later than two court days prior to the Pretrial Conference(with personal service directly on
chambers). No reply papers will be considered, and the motions will be heard at the Pretrial
Conference or at such other time as the Court may direct.
PRETRIAL CONFERENCE: A Pretrial Conference SHALL be held at 3:00/3:30 p.m. on
in Courtroom 1. Not less than three days before the Pretrial Conference, counsel for
the government SHALL:

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(1)
Serve and file a trial memorandum briefly stating the legal bases for the charges
and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal
issues;
(2)
Serve and file a list of all witnesses who may be called, together with a brief
summary of the testimony of each;

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(3)
Serve and file proposed jury instructions on all substantive issues and on any
procedural issue not adequately covered by the Court’s standard instructions (which are published
in the Ninth Circuit Manual of Model Jury Instructions). Counsel shall deliver to the Courtroom

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Deputy a copy of their proposed jury instructions and email a copy in Word format to
[e-mail].

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(4)

Serve and file a proposed form of verdict and proposed questions for jury voir dire;

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and,

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(5)
Serve and file exhibit lists; and serve copies of all marked exhibits on all parties.
Each item SHALL be pre-marked; generally, the government SHALL use numbers, the
defendant, letters. The exhibits SHOULD NOT be filed with the Court, only the exhibit lists
must be filed with the Court. However, counsel shall lodge with the Court two copies of the
exhibits in binders the Friday before trial, for the Court’s use and witnesses use during trial. The
original exhibits admitted by the Court shall be collected by the Court during trial.

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United States District Court
Northern District of California

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Not less than three days before the Pretrial Conference, defense counsel SHALL comply
with subparagraphs (3) and (4) above, and, to the extent consistent with the defendant’s right to an
effective defense, with subparagraphs (1), (2) and (5) above.
Counsel SHALL confer in advance and be prepared to discuss with the Court any
anticipated evidentiary objections and any means for shortening and simplifying the trial (e.g., by
stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.).
Counsel should submit an agreed upon set of additional requested voir dire questions to be
posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted
separately. Voir dire by counsel will not be permitted absent leave of Court.

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MOTIONS: All motions SHALL be heard on
at 11:00 a.m. in Courtroom 1, and
SHALL comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for
the government SHALL confer concerning any matter covered by Crim. L.R. 17.1-1(b), relevant
to the case, in particular, subparagraphs (1) - (3).

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The party filing any motion or other paper in this case shall show on the first page beneath
the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the
action sought or opposed by the motion or other paper, and his or her calculation of the amount of
excludable time to the hearing date.
The party filing an opposition or other paper shall also show on the first page beneath the
file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the
action sought or opposed by the motion or other paper, and his or her calculation of the amount of
excludable time to the hearing date. Crim. L.R. 47-2 (c)
COPIES: Each document filed or lodged with the Court must be accompanied by a three-hole
punched copy for use in the Judge’s chambers. In addition, one copy of the witness and exhibit
lists should be furnished to the court reporter.

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TRANSCRIPTS: If transcripts will be requested during or immediately after trial, arrangements
must be made with the court reporter at least one week before trial commences. If a daily
transcript and/or real-time reporting is needed, the parties shall make arrangements with Richard
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Duvall, Court Reporter Supervisor, at [phone] or Richard [e-mail] at
least fourteen days before trial commences.
CHANGE OF PLEA: Counsel SHALL give prompt notice to the United States Attorney and to
the Court of any intention to change a previously entered not guilty plea.
EXHIBITS: Upon the conclusion of the trial, the admitted exhibits are filed by the Court. The
exhibits not admitted are returned to counsel.

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IT IS SO ORDERED.
Dated:
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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