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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 UNITED STATES OF AMERICA, Case No. 0:00-cr-00000-FLA
12 Plaintiff,
CRIMINAL STANDING ORDER
13 v.
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DEFENDANT, et al.,
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Defendant/s.
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1 CONTENTS
2 I. INTRODUCTION................................................................................................. 3
3 II. GENERAL REQUIREMENTS ........................................................................... 3
4 A. Filings .............................................................................................................. 3
1. Formatting ................................................................................................ 3
5 2. Warning re: Filing Under Seal ................................................................. 4
6 B. Chambers Courtesy Copies ............................................................................. 5
C. Calendar Conflicts ........................................................................................... 5
7 D. Attorney of Record at Hearings....................................................................... 5
8 III. PRE-TRIAL PROCEDURES .............................................................................. 6
9 A. Continuances ................................................................................................... 6
B. Motions ............................................................................................................ 7
10 C. Ex Parte Applications...................................................................................... 8
11 D. Motions in Limine............................................................................................ 9
E. Notice and Discovery ...................................................................................... 9
12 F. Bail Review ................................................................................................... 10
13 IV. TRIAL PROCEDURES...................................................................................... 10
14 A. Final Pretrial Conference Requirements ....................................................... 10
1. Trial Memorandum ................................................................................ 11
15 2. Witness Lists .......................................................................................... 11
16 3. Exhibit Lists ........................................................................................... 12
4. Case-Specific Glossary .......................................................................... 12
17 5. Jury Instructions..................................................................................... 12
18 B. Trial Requirements ........................................................................................ 14
1. Timing of Government Materials .......................................................... 15
19 2. Timing of Defense Materials ................................................................. 15
20 3. Trial Exhibits ......................................................................................... 15
21 V. CONDUCT OF ATTORNEYS AND PARTIES ............................................... 17
A. Meeting and Conferring Throughout Trial.................................................... 17
22 B. Opening Statements, Witness Examinations, and Summation ..................... 17
23 C. Objections to Questions ................................................................................. 17
D. General Decorum While in Session .............................................................. 17
24 E. Promptness..................................................................................................... 19
25 F. Exhibits .......................................................................................................... 19
26 VI. SENTENCING .................................................................................................... 20
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1 I. INTRODUCTION
2 This action has been assigned to the calendar of United States District Judge
3 Fernando L. Aenlle-Rocha. Both the court and the parties’ counsel bear responsibility
4 for the progress of this action. To ensure the just determination of this action, “to
5 secure simplicity in procedure and fairness in administration, and to eliminate
6 unjustifiable expense and delay,” Fed. R. Crim. P. 2, all parties or their counsel,
7 including pro se defendants,1 are ordered to be familiar with the Federal Rules of
8 Criminal Procedure, the Local Criminal Rules of the Central District of California
9 (“Local Criminal Rules”), the applicable Local Civil Rules of the Central District of
10 California (“Local Civil Rules”),2 and this court’s standing orders, online procedures,
11 and schedules.
12 Unless the court orders otherwise, the following rules shall apply.
13 II. GENERAL REQUIREMENTS
14 A. Filings
15 1. Formatting
16 The captioned title of every filing shall contain:
17 a. the name of the first-listed defendant as well as the name(s) and
18 number(s) (in the order listed in the Indictment) of the particular
19 defendant(s) to whom the filing applies, unless the document applies to
20 all defendants;
21 b. the individual defendant’s registration number when applicable to the
22 relief requested (e.g., requests for transfer, medical requests); and
23 ///
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Parties appearing pro se must comply with the Federal Rules of Civil Procedure and
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the Local Rules. Local Civil Rules 1-3 and 83-2.2.3.
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“When applicable directly or by analogy, the Local [Civil] Rules of the Central
27 District of California shall govern the conduct of criminal proceedings before the
28 District Court, unless otherwise specified.” Local Criminal Rule 57-1.
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1 c. the milestone dates for Indictment, Final Pretrial Conference, Trial, and
2 Last Day of the speedy trial period.
3 All parties shall docket items only as to the particular defendant(s) to whom the
4 item pertains, rather than all defendants, unless the item pertains to all. Except for
5 documents filed under seal or in camera, every document shall be filed electronically
6 in such a way that it is clear from the docketing entry to which defendant(s) it applies.
7 The outer envelope containing any document filed under seal or in camera should
8 identify the case title by the first-listed defendant and case number only, and should
9 state that the document is being filed under seal or in camera.
10 Pursuant to Local Civil Rule 11-3.1.1, either a proportionally spaced or
11 monospaced face may be used. Typeface shall comply with Local Civil Rule 11-
12 3.1.1. Times New Roman font must be no less than fourteen (14) point, and Courier
13 font must be no less than twelve (12) point. Footnotes shall be in the same font and
14 the same size as the text in the body of the document.
15 Counsel must follow the Central District’s Local Rules and General Orders
16 concerning electronic filing, unless superseded by this Order. Counsel shall adhere to
17 Local Civil Rule 5-4.3 with respect to the conversion of all documents to .pdf so that
18 when a document is e-filed, it is in the proper size and is .pdf searchable. Further, all
19 documents shall be filed in a format so that text can be selected, copied, and pasted
20 directly from the document. See Local Civil Rule 5-4.3.1.
21 2. Warning re: Filing Under Seal
22 Parties should pay close attention to the title in the caption of every document
23 submitted to the court for filing under seal. The title of the document will become
24 part of the public docket text when it is entered on the docket, even though the
25 document itself will be sealed. If the title of the document contains confidential
26 information that should not be reflected on the public docket, parties must submit the
27 document with two cover sheets. The first cover sheet must contain a generic title
28 (e.g.: “SEALED APPLICATION”; “SEALED MOTION”; “SEALED PROPOSED
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1 ORDER”; or “SEALED DOCUMENT”), rather than the actual title of the document.
2 The second cover sheet must contain the full, unredacted title of the document.
3 Docket entries for documents filed under seal will include only the generic title. All
4 documents pertaining to the notice of manual filing must be emailed to the chambers
5 email address:
[email protected]. Additional information is
6 available at: https://www.cacd.uscourts.gov/court-procedures/filing-
7 procedures/criminal-filing-procedures.
8 B. Chambers Courtesy Copies
9 The processing of unnecessary chambers copies wastes resources and burdens
10 the court. Chambers copies should not be submitted unless requested. This order,
11 however, is not intended to affect the parties’ ability to file and lodge documents and
12 materials that are exempt from electronic filing under Local Criminal Rule 49-1.2.
13 The court refers the parties to the trial requirements listed below for details
14 regarding mandatory chambers copies of trial exhibits.
15 C. Calendar Conflicts
16 If any counsel discovers a calendar conflict with a scheduled appearance in a
17 court of a more senior district judge, counsel must inform opposing counsel and the
18 Courtroom Deputy Clerk via chambers email address
19 (
[email protected]) as soon as possible and not later than three (3)
20 business days before the scheduled appearance. Counsel should attempt to agree on a
21 new date to accommodate the calendar conflict. Counsel must propose a new date by
22 Stipulation and [Proposed] Order.
23 D. Attorney of Record at Hearings
24 The court requires an attorney of record to appear at all hearings, and will not
25 permit others to stand in on his or her behalf. If an attorney of record cannot appear at
26 a scheduled hearing due to unforeseen circumstances, the parties should follow the
27 procedure outlined above as soon as the conflict arises.
28 ///
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1 III. PRE-TRIAL PROCEDURES
2 A. Continuances
3 Requests for continuances of pretrial and trial dates must be by motion,
4 stipulation, or application. All requests must contain wet signatures by both the
5 defendant(s) and counsel. Each request must include a detailed factual showing of
6 good cause and due diligence demonstrating the necessity for the continuance, stating
7 whether any previous requests for continuances have been made and whether these
8 requests were granted or denied by the court. The court will not grant requests to
9 continue pretrial and trial dates absent the detailed showing. General statements are
10 insufficient to establish good cause.
11 To the extent the request to continue dates is joint, it should state clearly that
12 the government and defendant(s) agree. To the extent the action is complex, one or
13 more parties require additional time to prepare for trial, or other circumstances apply
14 necessitating a continuance, the request should so state and describe in detail. A list
15 of counsel’s upcoming scheduled trials in other actions will not support a showing of
16 good cause absent the following information regarding each such action listed: (1) the
17 case name, case number, court where the action is pending, and the initials of the
18 district judge or name of the state court judge assigned to the action; (2) the age of the
19 action; (3) the nature of the offense(s) charged and complexity of the action; (4) the
20 scheduled trial date; (5) the estimated length of trial; (6) the number of continuances
21 previously granted; (7) the parties’ trial readiness; (8) the estimated likelihood a future
22 continuance will be requested; and (9) the likelihood the trial will proceed on the
23 scheduled date.
24 Counsel shall file requests for continuance of trial at least one (1) week prior to
25 the Final Pretrial Conference. A request to continue dates that have already expired
26 constitutes a presumptive lack of due diligence. Requests extending dates set by the
27 court are not effective unless approved by the court.
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1 B. Motions
2 Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local
3 Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and
4 confer with opposing counsel “to discuss thoroughly … the substance of the
5 contemplated motion and any potential resolution” thereof. Local Criminal Rule 57-1;
6 Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a
7 motion is still necessary, the briefing may be directed to those substantive issues
8 requiring resolution by the court.
9 Pretrial motions that require an evidentiary hearing shall be noticed for a non-
10 Friday that is mutually agreed to by counsel and that is cleared with the Courtroom
11 Deputy Clerk before the filing of the motion. For all motions other than motions in
12 limine, the briefing schedule is as follows:
13 motions shall be filed five (5) weeks prior to the hearing;
14 oppositions or notices of non-opposition shall be filed three (3) weeks
15 prior to the hearing; and
16 replies, if any, shall be filed two (2) weeks prior to the hearing.
17 All motions must be properly noticed for hearing no later than the date of the Final
18 Pretrial Conference.
19 The parties should not calendar a matter on a Friday that is a court holiday. If
20 this occurs, the court will re-calendar the matter for another Friday. The parties must
21 adhere to the briefing schedule set forth herein to afford the court adequate time to
22 prepare for the hearing; however, the parties may stipulate to an alternate briefing
23 schedule contingent upon approval by the court. Failure to comply with these
24 deadlines may result in the court declining to consider the untimely memorandum or
25 other document. Local Criminal Rule 57-1; Local Civil Rule 7-12.
26 Memoranda of points and authorities in support of or in opposition to motions
27 (besides motions in limine) shall not exceed 7,000 words. See Local Rule 11-6.1. A
28 handwritten brief or a brief prepared using a typewriter may not exceed 25 pages,
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1 excluding the caption (if on a separate cover page), the table of contents, the table of
2 authorities, the signature block, and any indices and exhibits. All submitted briefs
3 must be accompanied by a Certificate of Compliance as set forth in Local Civil Rule
4 11-6.2. Replies shall not exceed 4,200 words or fifteen (15) pages for handwritten
5 briefs and briefs prepared using a typewriter. Only in rare instances and for good
6 cause shown will the court grant an application to extend these word and page
7 limitations. No supplemental brief shall be filed without prior leave of court.
8 C. Ex Parte Applications
9 Ex parte applications are disfavored. The court considers ex parte applications
10 on the papers and does not usually set these matters for hearing. If a hearing is
11 necessary, the parties will be notified. Ex parte applications are solely for
12 extraordinary relief and should be used with discretion. Sanctions may be imposed for
13 misuse of ex parte applications. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883
14 F. Supp. 488 (C.D. Cal. 1995).
15 Ex parte applications that fail to conform to Local Civil Rules 7-19 and 7-19.1,
16 including a statement of opposing counsel’s position, will not be considered except
17 upon a specific showing of good cause. The moving party shall serve the opposing
18 party electronically, if possible. A party is considered served once the ex parte
19 application has been e-filed. All parties registered for electronic service are sent a
20 notification of ECF filing each time a document is e-filed with a link to the document
21 for one free view. Defendants exempt from electronic service must be served the ex
22 parte application by facsimile or personal service. See Local Criminal Rules 49-1.2,
23 49-1.3.2(b); Local Civil Rule 5-3.
24 Following service of the ex parte application by electronic, facsimile, or
25 personal service, the moving party shall notify the opposing party that any opposition
26 must be filed no later than twenty-four (24) hours following service. Counsel will be
27 notified by ECF of the court’s ruling. If a party does not intend to oppose an ex parte
28 application, counsel must promptly inform the Courtroom Deputy Clerk.
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1 Ex parte applications to allow defendants to travel should be made well in
2 advance of the proposed date of travel. Counsel should state whether the Pretrial
3 Services Officer has approved the travel. Applications by defendants with appointed
4 counsel must indicate who will pay for the travel and related expenses. If these
5 expenses are not to be paid by the defendant’s employer, the court may require
6 declarations under penalty of perjury from the persons paying the expenses.
7 D. Motions in Limine
8 Motions in limine fall outside the scope of Fed. R. Crim. P. 12 and address only
9 the admission or exclusion of evidence at trial. Motions in limine will generally be
10 heard and ruled upon at the Final Pretrial Conference. The court may rule orally
11 instead of in writing. Each side is limited to five (5) motions in limine unless the
12 court grants leave to file additional motions.
13 All motions in limine must be filed at least twenty-eight (28) days before the
14 Final Pretrial Conference. Oppositions must be filed at least fourteen (14) days before
15 the Final Pretrial Conference. There shall be no replies. Motions in limine and
16 oppositions must not exceed 2,800 words in length, or ten (10) pages for handwritten
17 briefs and briefs prepared using a typewriter.
18 Before filing a motion in limine, the parties must meet and confer to determine
19 whether the opposing party intends to introduce the disputed evidence and attempt to
20 reach an agreement that would obviate the need for the motion. Motions in limine
21 should address specific issues (e.g., not “to exclude all hearsay”). The court may
22 strike without further notice excessive, unvetted, or untimely motions in limine.
23 E. Notice and Discovery
24 Counsel shall comply with all notice and discovery obligations set forth in Fed.
25 R. Crim. P. 12, 12.1, 12.2, 12.3, 12.4, 15, and 16. The government shall promptly
26 produce to counsel for the defendant any evidence falling within the scope of Fed. R.
27 Crim. P. 16(a), Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405
28 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957), and United States v.
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1 Henthorn, 931 F.2d 29 (9th Cir. 1991). Defense counsel shall comply with its
2 reciprocal discovery obligations pursuant to Fed. R. Crim. P. 16(b) and promptly
3 produce such materials.
4 The parties shall make expert witness disclosures in accordance with Fed. R.
5 Crim. P. 16(a)(1)(G) and (b)(1)(C) at least thirty-five (35) days before the Final
6 Pretrial Conference.
7 The parties are encouraged to produce witness statements pursuant to 18 U.S.C.
8 § 3500 and Fed. R. Crim. P. 26.2 sufficiently in advance of trial or other proceeding to
9 avoid delays. A violation by any party of this order, or by the government in
10 connection with its obligations under Brady, Giglio, Roviaro, or Henthorn, may lead
11 to a finding of contempt, imposition of sanctions, referral to a disciplinary authority,
12 adverse jury instructions, exclusion of evidence, or dismissal of charges.
13 Counsel shall meet and confer to resolve discovery disputes informally prior to
14 filing a motion to compel discovery. All discovery motions shall state with
15 particularity what is requested, the basis for the request, whether the discovery at issue
16 has been requested, and opposing counsel’s response to such request. The court may
17 decline to hear discovery motions made without prior consultation with opposing
18 counsel.
19 F. Bail Review
20 Any request for bail review based on changed circumstances or information not
21 previously presented to the Magistrate Judge shall be addressed in the first instance to
22 the Magistrate Judge and shall be served on both opposing counsel and the United
23 States Probation and Pretrial Services Office.
24 IV. TRIAL PROCEDURES
25 A. Final Pretrial Conference Requirements
26 No later than one (1) week before the Final Pretrial Conference, the government
27 shall file the following pretrial documents:
28 A trial memorandum;
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1 A witness list;
2 An exhibit list;
3 A case-specific glossary for the Courtroom Deputy Clerk;
4 Joint jury instructions in the form described below;
5 A joint proposed verdict form; and
6 Proposed voir dire questions, if any.
7 The government shall email copies of: (1) its witness list, (2) its exhibit list, (3)
8 the joint jury instructions, (4) the joint proposed verdict form, and (5) proposed voir
9 dire questions, including any amended documents, in Microsoft Word format to
10 chambers at:
[email protected], no later than one (1) week before
11 the Final Pretrial Conference.
12 1. Trial Memorandum
13 The government’s trial memorandum shall set forth: (i) a factual summary of
14 the government’s case-in-chief; (ii) a statement of the charges and the elements of
15 each charge; (iii) a time estimate of the length of the government’s case-in-chief,
16 including anticipated cross-examination; and (iv) a discussion of relevant legal and
17 evidentiary issues as applied to the facts of the particular case. The government shall
18 specify, after a meet and confer, whether the parties agree or disagree on matters (i)
19 through (iv).
20 2. Witness Lists
21 Witness lists must identify all potential witnesses and must be in the format
22 specified in Local Civil Rule 16-5. The lists must include for each witness: (i) a brief
23 description of the testimony; (ii) the reasons the testimony is unique and not
24 redundant; and (iii) a time estimate in hours for direct and cross-examination. The
25 parties should use the template posted to Judge Aenlle-Rocha’s webpage. Any
26 Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial
27 and emailed to
[email protected] in Microsoft Word format.
28 ///
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1 3. Exhibit Lists
2 Exhibit Lists must: (1) be in the format specified in Local Civil Rule 16-6;
3 (2) include an additional column stating any objections to authenticity and/or
4 admissibility; and (3) state the reasons for the objections. The parties should use the
5 template posted to Judge Aenlle-Rocha’s webpage. Exhibits shall be numbered
6 sequentially 1, 2, 3, etc., not 1.1, 1.2, 1.3, etc. See Local Civil Rule 16-6. The list
7 should include defense exhibits to the extent the defense does not object to disclosure.
8 Any Amended Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before
9 trial and emailed to
[email protected] in Microsoft Word format.
10 4. Case-Specific Glossary
11 The parties must provide a case-specific glossary for the court reporter that
12 includes applicable medical, scientific, or technical terms, gang terms, slang, the
13 names and spellings of case names likely to be cited, street/city/country names, all
14 parties/agents/departments/entities involved in the case, names of people
15 interviewed/deposed, names of family members, friends, or others who might be
16 mentioned, and other case-specific terminology.
17 5. Jury Instructions
18 The parties shall file clean and redline sets of their (1) Joint Agreed Upon
19 Proposed Jury Instructions, and (2) Disputed Jury Instructions. The redline sets shall
20 include all modifications made by the parties to pattern or model jury instructions,
21 any disputed language, and the factual or legal basis for each party’s position as to
22 each disputed instruction.
23 Sources: When possible, all instructions must be taken from the Manual of
24 Model Criminal Jury Instructions for the Ninth Circuit (West Publishing Co., current
25 edition). Where no applicable Ninth Circuit model instruction is available, counsel
26 should consult the instructions from O’Malley, Grenig & Lee (formerly Devitt, et al.),
27 Federal Jury Practice and Instructions (West Publishing Co., current edition). When
28 submitting instructions other than Ninth Circuit model instructions, counsel should
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1 ensure the law on which the instruction is based is consistent with Ninth Circuit case
2 law on the subject. Counsel may submit alternatives to the Ninth Circuit model jury
3 instructions or O’Malley, Grenig & Lee instructions only if counsel has a reasoned
4 argument that those instructions do not properly state the law or are incomplete. The
5 court seldom gives instructions derived solely from case law.
6 Format: Each requested instruction shall (1) cite the authority or source of the
7 instruction, (2) be set forth in full, (3) be on a separate page, (4) be numbered, (5)
8 cover only one subject or principle of law, and (6) not repeat principles of law
9 contained in any other requested instruction. Jury instructions should be modified as
10 necessary to fit the facts of the case (e.g., inserting names of defendant(s) or
11 witness(es) to whom an instruction applies). Where language appears in brackets in
12 the model instruction, counsel shall select the appropriate text and eliminate the
13 inapplicable bracketed text.
14 For any disputed instruction, the opponent shall state on a separate page
15 following the disputed instruction: (a) the basis for the objection; (b) authority
16 supporting the objection; and (c) an alternative instruction (if applicable). On the
17 following page, the proponent shall briefly respond to the objection with supporting
18 authority. Where appropriate, the disputed instructions shall be organized by subject,
19 so that instructions that address the same or similar issues are presented sequentially.
20 If there are excessive or frivolous disagreements over jury instructions, the court will
21 order the parties to meet and confer immediately until they substantially narrow their
22 disagreements.
23 Index: All proposed jury instructions must have a consecutively numbered joint
24 index that lists the instructions in the order they will be given. Disputed instructions
25 should be included in the index. The court will renumber the jury instructions once
26 they are finalized. The joint index should include the following for each instruction,
27 as illustrated in the example below:
28 the number of the instruction;
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1 the title of the instruction;
2 the source of the instruction and any relevant case citations; and
3 the page number of the instruction.
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Example:
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Instruction
6 Number Title Source Page Number
7 #1 Conspiracy-Elements 9th Cir. 8.5.1 1
8 Counsel also shall list the instructions in the order they will be given and
9 indicate whether the instruction shall be read before opening statements, during trial,
10 or before closing arguments.
11 Copies of the instructions will be given to the jury during deliberations.
12 Accordingly, counsel must email
[email protected] a “clean” set of
13 all instructions in Microsoft Word format, containing only the text of each instruction,
14 set forth in full on each page, with the caption “Court’s Instruction No. ___”
15 (eliminating the title and source of the instruction, supporting authority, etc.).
16 B. Trial Requirements
17 Trial days are generally Monday through Thursday, from 8:15 a.m. through
18 2:30 p.m. On the first day of trial, the court will address initially preliminary matters
19 and call a jury panel only when it is satisfied the case is ready for trial. Jury selection
20 usually takes a few hours. The parties should be prepared to proceed with opening
21 statements and witness examination immediately after jury selection.
22 Fridays are usually reserved for the court’s calendar. In the event the court’s
23 calendar allows trial to proceed on Friday, the court will inform the parties during the
24 Final Pretrial Conference. Once the trial concludes, the jury will be expected to
25 deliberate Monday through Friday.
26 Any party requesting special court reporter services (i.e., “RealTime”
27 transmission, daily transcripts) shall notify the reporter at least two (2) weeks in
28 advance.
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1 1. Timing of Government Materials
2 The government must present the following materials to the Courtroom Deputy
3 Clerk before trial begins on the first day:
4 1. Three (3) copies of the indictment/information;
5 2. Three (3) copies of the government’s witness list;
6 3. Three (3) copies of the government’s exhibit list; and
7 4. All government exhibits in accordance with § IV.B.3 (“Trial Exhibits”)
8 below.
9 2. Timing of Defense Materials
10 Defense counsel shall provide the government and the Courtroom Deputy the
11 defense witness list and exhibit list at the start of the defense case, at the latest.
12 Defense counsel shall also simultaneously email
[email protected]
13 a Microsoft Word version of the defense witness list and defense exhibit list. Defense
14 exhibits shall be submitted at the same time in accordance with § IV.B.3 below.
15 3. Trial Exhibits
16 Trial exhibits that consist of documents and photographs must be submitted to
17 the court in three-ring binders. The parties shall submit to the court three sets of
18 binders: one (1) original set of trial exhibits, and two (2) copies of trial exhibits. The
19 original set of exhibits shall be for use by the jury during its deliberations, and the
20 two copies are for the court. The parties should prepare additional copies of exhibits
21 for their own use and for use by witnesses. Before the admitted exhibits will be
22 given to the jury for deliberation, the parties must review the exhibit list and exhibit
23 binders with the Courtroom Deputy Clerk after closing arguments.
24 All exhibits placed in three-ring binders must be indexed by exhibit number
25 with tabs or dividers on the right side. Exhibits shall be numbered sequentially 1, 2,
26 3, etc., not 1.1, 1.2, etc. See Local Civil Rule 16-6. Every page of a multi-page
27 exhibit must be numbered. Defendant’s exhibit numbers shall not duplicate the
28 government’s numbers. The spine of each binder shall indicate the volume number
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1 and the range of exhibit numbers included in the volume.
2 The original exhibits shall bear the official exhibit tags (yellow tags for the
3 government’s exhibits and blue tags for defendant’s exhibits) affixed to the front
4 upper right-hand corner of the exhibit, with the case number, case name, and exhibit
5 number stated on each tag. The copy of exhibits must bear copies of the official
6 exhibit tags that were placed on the original exhibits and be indexed with tabs or
7 dividers on the right side. Tags may be obtained from the Clerk’s Office, or the
8 parties may print their own exhibit tags using Forms G-14A and G-14B on the “Court
9 Forms” section of the court’s website at:
10 https://www.cacd.uscourts.gov/forms/exhibit-tags-plaintiff-g-14a-defendant-g-14b-
11 joint-g-14c.
12 The government must also submit to the court a USB flash drive containing
13 electronic versions of all exhibits before trial begins. Defense counsel must provide a
14 USB flash drive containing electronic versions of all exhibits at the start of the
15 defense case, at the latest. The document file names should include the exhibit
16 number and a brief description of the document, for example: “Ex. 1 - Smith
17 Declaration.pdf” or “Ex. 105 - Letter Dated 1-5-20.pdf.”
18 The court provides audio/visual equipment for use during trial. The parties are
19 encouraged to use it. More information is available at:
20 http://www.cacd.uscourts.gov/clerk-services/courtroom-technology. If any counsel
21 wishes to arrange for the use of additional equipment, counsel shall contact (213)
22 894-3061 to verify and/or reserve demonstrative equipment and notify the Courtroom
23 Deputy Clerk no later than 4:00 p.m. at least one (1) week before trial so that the
24 necessary arrangements may be made.
25 The court does not permit exhibits to be “published” to the jurors before they
26 are admitted into evidence. Once admitted, exhibits may be displayed electronically
27 using the equipment and screens in the courtroom. Counsel shall not attempt to
28 display or use any charts or enlargements of exhibits unless all counsel have agreed to
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1 their use or objections have been heard and a ruling has been made by the court.
2 Exhibits such as weapons and narcotics must remain in the custody of a law
3 enforcement agent during the pendency of the trial. It shall be the responsibility of the
4 agent to produce any such items for court, secure them at night, and guard them at all
5 times while in the courtroom. The United States Marshals Service shall be advised
6 well in advance if weapons or contraband are to be brought into the courthouse.
7 V. CONDUCT OF ATTORNEYS AND PARTIES
8 A. Meeting and Conferring Throughout Trial
9 The parties must continue to meet and confer on all issues that arise during trial.
10 The court will not rule on any such issue unless the parties have first attempted to
11 resolve it informally.
12 B. Opening Statements, Witness Examinations, and Summation
13 Counsel shall not discuss the law or argue the case in opening statements.
14 Counsel must use the lectern. Counsel should not consume jury time by writing out
15 words and drawing charts or diagrams. All such aids must be prepared in advance.
16 When appropriate, the court will establish and enforce time limits for all phases of
17 trial, including opening statements, closing arguments, and the examination of
18 witnesses.
19 C. Objections to Questions
20 Counsel must not make speaking objections before the jury or otherwise make
21 speeches, restate testimony, or attempt to guide a witness.
22 When objecting, counsel must rise to state the objection and state only that
23 counsel objects and the legal grounds for the objection. If counsel desires to argue an
24 objection further, counsel must seek permission from the court to do so at sidebar or
25 outside the jury’s presence.
26 D. General Decorum While in Session
27 1. Counsel must not approach the Courtroom Deputy Clerk, the jury box, or
28 the witness stand without court authorization and must return to the lectern when the
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1 purpose for the approach has been accomplished.
2 2. Counsel must rise when addressing the court and when the court or the
3 jury enters or leaves the courtroom, unless directed otherwise.
4 3. Counsel must address all remarks to the court. Counsel must not address
5 the Courtroom Deputy Clerk, the court reporter, persons in the audience, or opposing
6 counsel. Any request to re-read questions or answers shall be addressed to the court.
7 Counsel must ask the court’s permission to speak with opposing counsel.
8 4. Counsel must not address or refer to witnesses or parties by first names
9 alone, except for witnesses who are below age fourteen (14).
10 5. Counsel must not offer a stipulation unless counsel have conferred with
11 opposing counsel and have verified that the stipulation will be acceptable. Any
12 stipulation of fact will require the defendant’s personal concurrence and shall be
13 submitted to the court in writing for approval. A proposed stipulation should be
14 explained to the defendant in advance.
15 6. Counsel must remain at counsel table throughout trial except to examine
16 witnesses or as otherwise needed to present evidence. Counsel must not leave counsel
17 table to sit in the gallery or confer with any person in the back of the courtroom
18 without the court’s permission.
19 7. Counsel must not make facial expressions, nod, shake their heads,
20 comment, or otherwise exhibit in any way any agreement, disagreement, or other
21 opinion or belief concerning the testimony of a witness or argument by opposing
22 counsel. Counsel shall instruct their clients and witnesses not to engage in such
23 conduct.
24 8. Counsel must never speak to jurors under any circumstance, and must not
25 speak to co-counsel, opposing counsel, witnesses, or clients if the conversation can be
26 overheard by jurors. Counsel must instruct their clients and witnesses to avoid such
27 conduct.
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1 9. Where a party has more than one lawyer, only one attorney may conduct
2 the direct or cross-examination of a particular witness or make objections as to that
3 witness.
4 10. Bottled water is permitted in the courtroom but may not be placed on
5 counsel table or the lectern. Food and other beverages are not permitted. Cell phones
6 must be silenced or may be confiscated.
7 E. Promptness
8 1. The court expects the parties, counsel, and witnesses to be prompt. Once
9 the parties and their counsel are engaged in trial, the trial must be their priority. The
10 court will not delay progress of the trial or inconvenience jurors.
11 2. If a witness was on the stand at the time of a recess or adjournment, the
12 party that called the witness shall ensure the witness is back on the stand and ready to
13 proceed as soon as trial resumes.
14 3. The parties must notify the Courtroom Deputy Clerk in advance if any
15 party, counsel, or witness requires a reasonable accommodation based on a disability
16 or other reason.
17 4. No presenting party may be without witnesses. If a party’s remaining
18 witnesses are not immediately available, thereby causing an unreasonable delay, the
19 court may deem that party to have rested.
20 5. The court generally will accommodate witnesses by permitting them to
21 be called out of sequence. Counsel should meet and confer in advance and make
22 every effort to resolve the matter.
23 F. Exhibits
24 1. No document shall be placed before a witness unless a copy has been
25 provided to the court and opposing counsel.
26 2. Once they are admitted in evidence, exhibits may be displayed to the jury
27 using the monitors in the courtroom. The court ordinarily does not permit exhibits to
28 be handed to the jurors in the jury box. In the event an exhibit cannot be displayed
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1 properly via the monitors in the courtroom, counsel must secure approval by the court
2 before handing an exhibit to the jury.
3 3. Counsel must keep track of their exhibits and exhibit list, and record
4 when each exhibit has been admitted into evidence.
5 4. Counsel are responsible for any exhibits they secure from the Courtroom
6 Deputy Clerk and must return them before leaving the courtroom.
7 5. Any exhibit not previously marked must be accompanied by a request
8 that it be marked for identification at the time of its first mention. Counsel must show
9 a new exhibit to opposing counsel before the court session in which it is mentioned.
10 6. Counsel must inform the Courtroom Deputy Clerk of any agreements
11 reached regarding any proposed exhibits, as well as those exhibits that may be
12 received into evidence without a motion to admit.
13 7. When referring to an exhibit, counsel must refer to its exhibit number.
14 Counsel should instruct their witnesses to do the same.
15 8. Counsel should not ask witnesses to draw charts or diagrams or ask the
16 court’s permission for a witness to do so. All demonstrative aids must be prepared
17 fully in advance of the day’s trial session.
18 VI. SENTENCING
19 Original Sentencing: Once set, the sentencing hearing shall not be continued
20 absent a showing of good cause. No later than fourteen (14) days before the hearing,
21 each party shall submit either a sentencing memorandum or a written notice of intent
22 not to file one. Absent leave of court based upon a showing of good cause, the court
23 does not permit submission or playing of sentencing videos.
24 The court does not permit sentencing documents to be filed under seal except as
25 strictly necessary and justified. When necessary, a sentencing document may be filed
26 under seal along with a redacted version that deletes the confidential information and
27 that justifies each deletion (e.g., “medical information”).
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1 Supervision Violation: Any material submitted for a hearing on an alleged or
2 adjudicated violation of supervision shall be filed, when possible, seven (7) days
3 before the hearing, and otherwise no later than two (2) court days, absent a showing of
4 good cause set forth in a supporting declaration and court approval.
5
6 IT IS SO ORDERED.
7
8 Dated:
9 ______________________________
10 FERNANDO L. AENLLE-ROCHA
United States District Judge
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