NOTE: ALL DOCUMENTS MUST BE FILED AS PDF DOCUMENTS
IN TEXT SEARCHABLE FORMAT. ALL EXHIBITS MUST BE
SPECIFICALLY IDENTIFIED. FAILURE TO COMPLY WITH
THESE REQUIREMENTS WILL RESULT IN THE CLERK'S OFFICE
MARKING THE DOCUMENT(S) AS A FILING ERROR AND YOU
WILL BE REQUIRED TO RE-FILE IN COMPLIANCE WITH THIS
ORDER.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
UNITED STATES OF AMERICA, ) CASE NO. KEYBOARD(case #)
)
Plaintiff, ) JUDGE JAMES S. GWIN
)
vs. ) ORDER
)
KEYBOARD(def.) )
)
Defendant. )
The defendant was arraigned in this matter on an earlier date and the Court now enters
the following to guide the parties in the disposition of this matter.
PRE-TRIAL CONFERENCE
The pre-trial in this matter will take place in COURTROOM 18A, CARL B. STOKES
U.S. COURTHOUSE, 801 W. Superior Avenue, Cleveland, Ohio, on KEYBOARD(pt date /
time)
TRIAL
The jury trial shall commence in COURTROOM 18A, CARL B. STOKES U.S.
COURTHOUSE, 801 W. Superior Avenue, Cleveland, Ohio, on KEYBOARD(trial date /
time)
The Court is of the view that interim argument is very helpful to juries. Each side will
usually be permitted to present "interim argument" during the trial on the following basis. The
Court will set time limits for such interim argument. When one side presents interim argument,
the other side may, but is not required to, offer "interim argument" after the other side's
presentation with the same time limit. Interim argument may only be presented after a witness
has completed testimony and may only deal with the testimony of that witness and the
relationship of that testimony to the party's case.
MOTIONS
All motions and briefs in support thereof shall comply with the standard requirements of
the Federal Rules of Criminal Procedure and the Local Rules of the United States District Court
for the Northern District of Ohio. All motions shall be accompanied by written memoranda
stating the reasons for the motion, referenced with citations in support thereof. Non-conforming
motions and/or briefs will be subject to being stricken by the Court.
The defense shall file all intended motions and/or briefs by KEYBOARD(date ).
Not later than one (1) business day prior to the date of trial or hearing on any motion, all
counsel shall exchange proposed written stipulations of fact.
EXHIBITS AND WITNESSES
Counsel shall file witness lists, (Appendix A), one week prior to the trial date. Counsel
are advised to over-schedule their witnesses. Should a party run out of witnesses once the trial
has started, the Court will assume that the party has completed their case and has rested.
The Court is using new technology to facilitate the viewing of exhibits by
jurors. Each party must submit all exhibits on a single storage device such as a CD,
DVD, or USB drive. A separate CD or USB drive should be provided for Plaintiffs’
Exhibits, Defendants’ Exhibits, and any Joint Exhibits. Each party must send the
exhibits to the Court, Chambers 18A, such that the Court is guaranteed to receive
the exhibits by noon on Friday before trial commences.
The Exhibit Files must be renamed using a naming convention similar
to:<exhibit number>-<exhibit part>_<exhibit description>.<file extension>. The
exhibit number MUST be a number. Exhibits with subparts can be so designated
using a letter for the exhibit part. The use of the “underscore” character is required
when an optional description of the exhibit is included and cannot be used
elsewhere in the exhibit name.
Example listing of valid exhibit file names:
1-a_photograph.jpg12_2009
Tax Statement.pdf
35d.pdf
12(a)_camera footage.wmv
Any questions regarding the naming conventions for the electronically stored
exhibits should be directed to David Zendlo at (216) 357-7053.
To maintain consistency between the electronic and the paper exhibits,
BOTH PARTIES SHALL LABEL THEIR EXHIBITS WITH NUMBERS. Counsel
shall mark all exhibits before trial with official or similar stickers. Exhibits shall be
labeled with the party followed by the exhibit number (e.g., “Plaintiff 1”, “Def 2”, or
“P 3”). The case number shall also appear on the stickers.
In addition to electronically submitting exhibits, Counsel shall submit to the
Court two (2) copies of all proposed exhibits, contained in two separate binders,
along with an index (Appendix B) containing a brief description of each exhibit on
the morning the trial actually commences. Exhibits shall be exchanged between
counsel prior to trial.
PROPOSED VOIR DIRE & JURY INSTRUCTIONS
In jury trials, counsel shall submit proposed voir dire questions one (1) week prior to the
trial date.
Counsel are requested to diligently pursue and complete the scheduled procedures within
the time period assigned by the Court. The Court endeavors to accommodate all counsel and
parties in the initial assignment of pretrial and trial dates, however, it does not favor leaves to
plead or requests to continue scheduled trial dates. Extensions to plead will not be permitted
except upon written motion and for good cause shown.
In jury cases, counsel shall submit proposed jury instructions, with a statement of
reasons and supporting legal authority, at least one (1) week prior to the trial date.
ELECTRONIC COURTROOM
The Court is pleased to have one of the most technologically advanced courtrooms in the
United States. This courtroom features, among other things, the technology necessary to present
evidence in a video format. The Court encourages counsel to utilize this technology whenever
appropriate.
Counsel bears the responsibility for developing proficiency with this new technology
prior to trial. However, the court provide regularly-scheduled training sessions to familiarize
counsel with this technology. Counsel may receive one (1) continuing legal education credit for
attending the training session. Contact Ms. Gwen Mackey, the Courtroom Deputy Clerk, for
more information regarding these training sessions. Counsel may reach Ms. Mackey at (216)
357-7217.
CHANGE OF ADDRESS
Counsel will notify the Court and the Clerk of this Court of any address and/or telephone
number changes by letter to assure proper notification.
IT IS SO ORDERED.
Dated: KEYBOARD(date) s/ James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE
Attachment: Appendix A and B
APPENDIX "A"
PLAINTIFF
vs. CASE NO.
JUDGE JAMES S. GWIN
DEFENDANT
PLAINTIFF/DEFENDANT WITNESSES
NAME SYNOPSIS OF TESTIMONY
APPENDIX "B"
PLAINTIFF
vs. CASE NO.
JUDGE JAMES S. GWIN
DEFENDANT
PLAINTIFF/DEFENDANT/JOINT/THIRD-PARTY EXHIBITS
EXHIBIT I.D. DESCRIPTION OF EXHIBIT I.D. OFFERE OBJ. ADMITTED NOT
D ADMITTED
