UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CRIMINAL CASES BEFORE
DISTRICT JUDGE ARACELI MARTÍNEZ-OLGUÍN
1. CONFORMITY TO RULES
Parties and counsel shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the
General Orders of the Northern District of California, except as superseded by this Court’s standing orders.
2. COMMUNICATION WITH THE COURT
Counsel shall not attempt to contact Judge Martínez-Olguín or her chambers staff by telephone, email, or any
other ex parte means, but may contact her Courtroom Deputy at
[email protected] regarding scheduling or other
appropriate matters.
3. COURTESY COPIES
Paper courtesy copies shall not be submitted unless the Court requests them.
The Court also does not require electronic copies of proposed orders. If the Court requires electronic copies of a
filing, it will specifically request it from the parties. Parties should not otherwise email
[email protected]
with electronic copies of filings.
4. CHANGE OF PLEA
If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea
agreement to the Judge Martínez-Olguín’s Courtroom Deputy at
[email protected] by 2:00 p.m. the Monday
before the change of plea setting. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00
pm the Monday before the change of plea setting.
5. EXCLUSION OF WITNESSES
Witnesses shall be excluded from the courtroom until their testimony is completed. Parties are ordered to
admonish witnesses of the Court’s order. Failure to comply may result in sanctions, including without limitation the
striking of the witness’s entire testimony.
6. JOINT PRETRIAL CONFERENCE STATEMENTS
Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven
(7) days prior to the pretrial conference addressing all fifteen (15) issues identified therein. Counsel shall meet and confer
in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations. Counsel should be prepared to
discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial.
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. The government shall serve and file: (1) a
proposed jury verdict form; (2) a list of all witnesses who may be called, together with a brief summary of the testimony
of each; (3) an exhibit list; and (4) 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. To the extent consistent with the
defendant’s right to an effective defense, defense counsel shall also serve and file items (2) through (4) above. The
parties shall also meet and confer and file a Joint Statement of the case to be read during voir dire. Any disputes will be
resolved at the pre-trial conference.
7. JURY INSTRUCTIONS
Jury instructions §1.1 through §1.11 and §3.1 through §3.10 from the most recent Manual of Model Jury
Instructions for the Ninth Circuit will be given absent objection. Jury instructions §1.12 and §1.13 may be given if
necessary. Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence,
together with a table of contents, using the Ninth Circuit Manual where possible, or Devitt and Blackmar, or CALJIC, not
less than seven (7) days prior to the pretrial conference. Any instructions on which counsel cannot agree shall be marked
as “disputed,” and shall be included within the jointly submitted instructions and accompanying table of contents, in the
place where the party proposing the instruction believes it should be given. Argument and authority for and against each
disputed instruction shall be included as part of the joint submission, on separate sheets directly following the disputed
instruction.
8. OPENING STATEMENTS
Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements.
Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any
objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone
on the Friday before trial to discuss the issues raised with the Court.
9. REQUESTS FOR CONTINUANCES
A party seeking to modify a date affecting the Court’s calendar (e.g., change of plea, motion hearing, sentencing)
must submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled setting. Absent
good cause, the Court is unlikely to grant a request to continue a court date by more than four (4) weeks. A party seeking
an extension of a filing deadline must also submit a motion or stipulation, as appropriate, at least seven (7) days in
advance of the scheduled deadline.
10. REQUESTS FOR TRANSCRIPTS
If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court
Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.
11. INTERPRETERS
Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there
is no certified court interpreter available to translate in the necessary language(s).
IT IS SO ORDERED.
Dated: April 18, 2024
ARACELI MARTÍNEZ-OLGUÍN
United States District Judge
