UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER RE CRIMINAL TRIALS
JUDGE BETH LABSON FREEMAN
I. TRIAL SCHEDULE
Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m.
and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.
II. APPLICATION OF STANDING ORDER
The following requirements apply to the Government and, to the extent consistent with
Defendant’s right to an effective defense, to Defendant.
III. JOINT PRETRIAL STATEMENT
At least 7 days before the final Pretrial Conference, unless otherwise ordered, the parties
shall file a Joint Pretrial Statement addressing all items listed in Criminal Local Rule
17.1-1(b).
IV. JURY MATERIALS
At least 7 days before the final Pretrial Conference, the parties shall file and serve the
following materials. All jury materials must be submitted in hard copy and in word
processing format via e-mail to
[email protected].
A. Voir Dire Questions
The Court will conduct the initial voir dire. Counsel may submit for the Court’s
consideration an agreed upon set of voir dire questions to be posed by the Court.
Any voir dire questions on which counsel cannot agree may be submitted
separately. Counsel will be allowed a brief (15 minutes) follow-up voir dire after
the Court’s questioning.
B. Jury Instructions
1. Joint Set of Instructions
The parties shall submit a complete joint set of proposed jury instructions,
arranged in a logical sequence, which incorporates the Model Jury
Instructions of the Ninth Circuit to the extent feasible and appropriate.
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2. Stipulated Instructions
If an instruction is undisputed, it shall be identified as “Stipulated
Instruction No. ___ re ____________,” with the blanks filled in as
appropriate. Even if stipulated, the instruction shall be supported by
citation to the Model Jury Instructions of the Ninth Circuit or other
authority.
3. Disputed Instructions
If an instruction is disputed, all versions of the instruction shall be inserted
together in the logical place for the instruction in the overall sequence. A
disputed instruction shall be identified as “Disputed Instruction No. ___ re
____________ offered by ____________,” with the blanks filled in as
appropriate. All disputed versions of the same instruction shall bear the
same number. If a party does not have an alternate version but contends
that no such instruction should be given, that party should so state on a
separate page inserted in lieu of an alternate version. Each party should
support its position regarding a disputed instruction with a brief argument
and citation to relevant authority, set forth immediately following the
disputed instruction. The parties are encouraged to keep disputed
instructions to a minimum.
C. Verdict Form
The parties shall submit a joint proposed verdict form. If the parties are unable to
stipulate to a verdict form, each party shall submit a proposed verdict form.
V. WITNESSES
At least 7 days before the final Pretrial Conference, the parties shall file a witness list that
includes a brief summary of the testimony of each witness.
VI. EXHIBITS
A. Pre-Marked
All exhibits shall be pre-marked for identification with numbers (not letters) by
means of exhibit tags affixed to the back of the last page of each exhibit. Sample
tags are attached hereto.
B. Exhibit Lists
At least 7 days before the final Pretrial Conference, each party shall file an exhibit
list and serve upon all other parties copies of all pre-marked exhibits.
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C. Delivery to Court
Unless otherwise ordered, on the Thursday before commencement of trial, the
parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge
Freeman, 1 original set of exhibits and 1 complete copy of the original set. The
copy set of exhibits need not be tagged, but the exhibits contained therein must be
labeled clearly. Both sets of exhibits – the original and the copy – shall be in
three-ring binders with the exhibits separated by tabs denoting the exhibit
numbers.
VII. MOTIONS IN LIMINE
A. Timing
Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14
days before the final Pretrial Conference, and any opposition thereto at least 7 days
before the final Pretrial Conference. Reply briefs are not permitted. The Court will hear
argument on motions in limine at the final Pretrial Conference.
B. Contents
Each motion shall be presented in a separate document and shall be numbered as, for
example, “Plaintiff’s Motion in Limine No. 1 to Exclude. . . .” Each side is limited to 5
motions in limine. Each motion in limine is limited to 5 pages and may address only one
issue.
VIII. TRIAL BRIEFS
At least 7 days before the final Pretrial Conference, each party shall file a trial brief that
states the legal bases for the charges, describes the anticipated evidence, and addresses
any evidentiary, procedural, or other legal issues.
IX. MISCELLANEOUS
A. Opening Statements
Parties must meet and confer to exchange any visuals, graphics, or exhibits to be
used in opening statements. Any objections that cannot be resolved by the parties
shall be filed not later than the Thursday before commencement of trial.
B. Change of Plea
Defense counsel shall give prompt notice to the United States Attorney and to the
Court of any intention to change a previously entered plea of not guilty.
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C. Filing of Admitted Exhibits
Upon the conclusion of the trial, the admitted exhibits will be filed by the Court.
The exhibits not admitted will be returned to counsel.
D. 12-Point Type and Double-Spaced
All written text, including footnotes and quotations, shall be no less than 12-point
type and shall be double-spaced.
E. Footnotes
Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to
legal authorities or evidence shall be in the body of the brief. Excessive footnotes
will be disregarded.
Dated: September 9, 2024
BETH LABSON FREEMAN
United States District Judge
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UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
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Standing Order Re Criminal Trials
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