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Judge Lin's Criminal Standing Order pdf, 213.38 KB — Lin Rita F

N.D. Cal. Judge Practices (Lin Rita F) · Lin Rita F

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CRIMINAL CASES BEFORE JUDGE RITA F. LIN SUMMARY TABLE OF DEADLINES DEADLINE DATE Change of Plea – Copy of Plea Agreement By 12 p.m. 2 Court Days Before Entry of Plea Obtain Box.com link from courtroom deputy 21 Days Before Pretrial Conference for uploading pretrial filings Objections to Standard Jury Questionnaire 21 Days Before Pretrial Conference Discovery Cut-Off (Absent Contrary Order) 14 Days Before Pretrial Conference Pretrial Statement, Motions in Limine 14 Days Before Pretrial Conference Jury Instructions, Verdict Form, Proposed 7 Days Before Pretrial Conference Description of the Case, Exhibit Lists, Witness Lists, Individuals Involved List Notification of Need for Interpreter for Trial 30 Days Before Trial Arrangement of Daily Transcript or RealTime 14 Days Before Trial Reporting Contact Courtroom Deputy Regarding 10 Days Before Trial Courtroom Layout and Technology Deliver Original and Copy Trial Exhibit Sets, 5 Days Before Trial List of Names, Places, Uncommon Terms and Acronyms The parties 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Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing order. REQUESTS TO CONTINUE STATUS CONFERENCES If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient. CHANGE OF PLEA If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to [email protected] no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon. If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court’s website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing. PRETRIAL FILINGS AND DEADLINES Discovery Cut-Off Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material. Box.com Link for Pretrial Filings Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file 2 should include the type of document, a brief description of the document, and the docket number. For example, a news release (docket number 61-2) filed as the first exhibit to a declaration (docket number 61-1), would be, “[61-2] Decl Doe Ex 1 - News Release.” Objections to Standard Jury Questionnaire In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. A copy of the standard Criminal Prospective Juror Questionnaire is available on the Court’s website. Judge Lin will also add a question asking about scheduling conflicts. No later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire. Pretrial Statement No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b). Motions in Limine Any motions in limine must be filed no later than 14 days before the pretrial conference. Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered. Jury Instructions The parties should file joint proposed jury instructions, and send a copy in Word format to [email protected], no later than 7 days before the pretrial conference. The parties should indicate the relevant authority for a proposed instruction. The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline. Instructions on which the parties agree must be identified as “Stipulated Jury Instruction No. __ Re _____,” with the blanks filled in as appropriate. If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction. If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. 3 Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given. The proposed jury instructions should not mention the indictment or the United States Code unless there’s a compelling reason to do so. The instructions can simply refer to the defendant as having been charged in “Count One” with X, in “Count Two” with Y, and so forth. Statement of Objection to Unconscious Bias Video Prospective jurors will be shown a video on unconscious bias in the jury office. The video can be found on the Court’s website. If a party objects to prospective jurors’ viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection. The party should then alert the Court to its objection at the pretrial conference. Proposed Description of the Case No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to [email protected], a proposed description of the case. The description will be read orally to prospective jurors when they come to the courtroom. If the parties can’t agree on a description, they may file one document with competing descriptions (but without any argument). Again, the description of the case should not refer to the indictment or to the United States Code unless there’s a compelling reason to do so. Verdict Forms No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to [email protected], either an agreed-upon proposed verdict form or competing proposed verdict forms. Exhibit Lists No later than 7 days before the pretrial conference, each party must file, and send in Word format to [email protected], a list of exhibits. They need not submit the exhibits themselves at this time, unless instructed otherwise by Judge Lin. Witness Lists No later than 7 days before the pretrial conference, the parties must file, and send in Word format to [email protected], lists of potential witnesses reasonably anticipated to be called at trial. Involved Individual Lists No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to [email protected], a list of people involved in the case. The list should 4 include counsel, the defendant or defendants, potential witnesses, and any other people significantly involved in the case. PRETRIAL CONFERENCE At the pretrial conference, the parties should be prepared to address motions in limine, jury instructions, the written questionnaire, proposed voir dire, the verdict form, and any issues relating to exhibits or evidence. If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference. Otherwise, the Court will typically discuss jury instructions with the parties during trial. TRIAL EXHIBITS No later than 5 days before trial, each side shall upload the exhibits electronically to Judge Lin’s chambers’ Box.com storage. Each exhibit shall be a separate file, with each file named so that the exhibits appear sequentially when sorted by file name. The parties should discuss with Judge Lin and the Courtroom Deputy how they will handle showing exhibits to witnesses at the pretrial conference, including whether witness binders are necessary. Exhibits shall be sequentially numbered (not lettered). Blocks of numbers should be assigned to fit the needs of the case (e.g., the government has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single exhibit should be marked only once. If the government has marked an exhibit, the defendant should not re-mark the same document with another number. Different versions of the same document (e.g., versions of a document with and without additional handwriting), however, must be treated as different exhibits and marked with different numbers. Do not have witnesses write or draw on an exhibit that has already been admitted in evidence. Mark the exhibit with a new number, have the witness write on the new exhibit, and then move to admit the new exhibit into evidence once all the markings have been made. Counsel must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, counsel should promptly bring them to Judge Lin’s attention. Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted. At the close of evidence, before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin. 5 Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). See Crim. L.R. 55-1. Each party shall retain a full set of exhibits after trial through the appellate process. PRETRIAL ARRANGEMENTS Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, at (415) 522-2079, at least 14 days before the trial date. No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial. If any witness will require an interpreter at trial, counsel shall notify the Courtroom Deputy at least 30 days before the commencement of trial. The parties should contact the Courtroom Deputy no later than 10 days before trial to discuss any questions or issues about the layout of the courtroom. The Court may be able to provide access to an easel and the courtroom electronic evidence presentation system. The parties should consult the Court’s website for information on the available courtroom technology. During trial, counsel may wish to use computer graphics, poster blow-ups, or models. The parties must provide such equipment. Counsel should share equipment to the maximum extent possible. The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact the Courtroom Deputy no later than 10 days before trial. For electronic equipment, the parties should arrange with the Courtroom Deputy no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial. The parties shall tape extension cords to the carpet for safety. JURY SELECTION AND TRIAL The Court does not restrict the parties, their counsel, or any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, so long as the research is done only from generally available sources (i.e., those that are publicly available or derive their information from publicly available sources, free or paid) and that there is no actual contact or any reasonable possibility of contact with a prospective juror. Contact includes actions taken by a party, attorney, investigator, etc., that trigger a notification to a prospective juror that their social media profile has been viewed by someone, even if that notification does not specify who viewed the profile, is inadvertent, or is provided automatically by the social media site (e.g., a LinkedIn notification that prospective juror’s profile was viewed by an “anonymous person,” or certain social media sites that automatically provide a list of accounts that have viewed the prospective juror’s posts or content). No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. No in-person surveillance, no matter how 6 brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed. The parties do not need to submit proposed voir dire questions in advance of trial. A day or so before jury selection, the Court will hold an “excusal hearing” for the purpose of determining which prospective jurors should be excused for hardship or cause based exclusively on their questionnaire responses. One to two days before the excusal hearing, the Court will send counsel a copy of the responses. The remaining jurors will be called in for jury selection. At the close of each trial day, counsel must notify the other side of the witnesses who will be called the following two trial days. The parties should review the guide for using prior statements of witnesses and refreshing recollection at trial, which is posted in the Standing Orders section of Judge Lin’s website. IT IS SO ORDERED. Dated: March 16, 2026 Rita F. Lin United States District Judge 7
Official source: https://www.cand.uscourts.gov/sites/default/files/standing-orders/RFL-CriminalStandingOrde · retrieved 2026-07-23