UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
UNITED STATES OF AMERICA
v. CRIMINAL NO.
Defendant
ORDER SETTING CRIMINAL JURY TRIAL
WOODLOCK, J.
After an Initial Pretrial/Status Conference held on _______,
it is hereby ORDERED that:
1. This case is set for a jury trial commencing
in Courtroom 1, on the 3rd Floor of the John Joseph Moakley
United States Courthouse in Boston at before the Honorable
Douglas P. Woodlock. Trial will be conducted on a 9:00am to
1:00pm schedule until deliberations.
2. A further Pretrial Conference shall be held with Judge
Woodlock on 1 week before trial in Courtroom #1 on the 3rd
floor.
Unless excused by the Court, each party shall be represented
at the Pre-Trial Conference by counsel who will conduct the
trial.
3. Prior to the commencement of trial, the parties shall meet
with the deputy clerk for a brief training and testing of
the electronic evidence presentation system available in the
courtroom to be used during trial and evidentiary hearings.
4. The government shall by 3 weeks before trial disclose to the
defendant:
(a) The exculpatory information identified in Local Rule
116.2 that has not been previously produced; and
(b) A general description(including the approximate date,
time and place) of any crime, wrong or act the
government proposes to offer pursuant to Fed.R.Evid.
404(b).
5. Statements (as defined in 18 U.S.C. §3500(e) and
Fed.R.Crim.P. 26.2(f)) of witnesses each party intends to
call in their case-in-chief shall be produced by 3 weeks
before trial.
6. The parties shall by 3 weeks before trial file as separate
submissions proposed voir dire questions, proposed jury
instructions, a written stipulation of any facts that they
agree are not in dispute, motions in limine, and a trial
brief. Any motions in limine with supporting memoranda,
shall be filed by 3 weeks before trial. Replies to any
motion in limine shall be filed by 2 weeks after above.
7. The government shall no later than 1 week before trial:
(a) Provide the defendant with the names and addresses of
witnesses the government intends to call at trial in
its case-in-chief. If the government subsequently
forms an intent to call any other witness, the
government shall promptly notify the defendant of the
name and address of that prospective witness.
(b) Provide the defendant with copies of the exhibits and a
premarked list of exhibits the government intends to
offer in its case-in-chief. If the governments
subsequently decides to offer any additional exhibit in
its case-in-chief, the government shall promptly
provide the defendant with a copy of the exhibit and a
supplemental exhibit list.
8. The defendant shall no later than 3 days before trial:
(a) Provide the government with the names and addresses of
witnesses the defendant intends to call at trial in its
case-in-chief. If the government subsequently forms an
intent to call any other witness, the defendant shall
promptly notify the government of the name and address
of that witness.
(b) Provide the government with copies of the exhibits and
a premarked list of exhibits the defendant intends to
offer in its case-in-chief. If the defendant
subsequently decides to offer any additional exhibit in
its case-in-chief, the defendant shall promptly provide
the government with a copy of the exhibit and a
supplemental exhibit list.
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9. No later than the first day of trial and before impaneling
the jury, parties shall electronically file copies
(jointly):
(a) A list of exhibits to be introduced without objection,
identified by a single sequence of numbers,
regardless of which party is the proponent of an
exhibit, in the form attached hereto as Appendix “A”.
(b) A list of marked items to be offered at trial, as to
which a party reserves the right to object,
identified by a single sequence of capital letters,
regardless of which party is the proponent of an
exhibit, in the form attached hereto as Appendix “A”.
10. Counsel are advised of the Court's "5 minute-rule", which
requires that during jury deliberations, counsel may leave
the courtroom, but must appear in court within 5 minutes of
a call from the deputy clerk, in order to respond to any
jury question or for the return of a verdict. Defense
counsel are encouraged, but not required, to bring a
cellular telephone with them during jury deliberations,
should they desire to leave the courtroom to use the library
or the cafeteria, or go to some other location within a 5
minute radius.
11. The following period(s) of time are excluded for Speedy
Trial Act purposes, pursuant to 18 U.S.C. §3161(h):
.
Immediately upon receipt of this Order, any counsel who
realizes that one or more attorneys have not been notified
shall forthwith notify the additional attorney(s) in writing
as to the entry of this Order, and shall file a copy of the
writing with the Clerk.
BY THE COURT
Dated:
_________________
Deputy Clerk
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APPENDIX “A”
USE THIS FORMAT FOR PREPARATION OF EXHIBIT LIST:
Exhibit Exhibit Marked Admitted Descrip- Offered Date
Offered Number/ [yes/no] [yes/no] tion of through Admitted
By: Letter Exhibit Witness:
SAMPLE EXHIBIT LIST
Third, Fourth, Sixth and Seventh Columns
and bracketed material to be completed at trial)
Exhibit Exhibit Marked Admitted Descrip- Offered Date
Offered Number/ [yes/no] [yes/no] tion of through Admitted
By: Letter Exhibit Witness:
Government 1 yes yes MGH John Jones 10/10/98
Hospital
Record
dated
8/5/98
Defendant 2 yes yes Boston Officer 10/11/98
Police John Smith
Report
dated
8/5/98
Government 3A yes yes 3x5 photo Government 10/11/98
of
Plaintiff
showing
injuries
Government 3B yes yes 4x6 photo Government 10/11/98
scene of
accident
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