UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
: CASE NO:
:
Plaintiff, : JUDGE PATRICIA A. GAUGHAN
:
v. :
:
:
: CRIMINAL PRETRIAL ORDER
:
Defendant(s). :
:
Pretrial was held on . Trial of this matter is scheduled to commence on
in Court Room 19B, United States Court House. Final Pretrial is set for
_______________________.
It is the responsibility of counsel to notify the Court in writing immediately of any failure to
provide discovery material. The Court will not continue a scheduled trial because of a failure to
provide discovery if this requirement has not been complied with.
MOTIONS
Pretrial motions, including motions to suppress, shall be filed on or before . Briefs
In Opposition shall be filed on or before . Suppression Hearing will be held on the date
of the Final Pretrial. It is expected that every motion filed will be supported by a substantial
foundation and that such foundation will be explicitly stated in the motion.
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TRIAL BRIEFS
The following must be included in a trial brief which is to be submitted to the Court not later
than 4:00 p.m., two working days prior to the final pretrial:
1. Stipulations signed by all counsel and the defendant.
2. A joint set of jury instructions identifying the following:
a) instructions agreed upon by all counsel with supporting legal authority; and
b) instructions in dispute with the party proposing the instruction stating
supporting reasons and legal authority, and the party objecting to the
instructions stating supporting reasons and legal authority.
No proposed jury instruction will be considered by the Court unless it has been submitted in
compliance with these provisions, except that request for instructions that could not reasonably have
been anticipated may be submitted during trial.
Counsel must also provide one agreed upon jury instructions to the Court on a cd rom. The Court
is equipped with Microsoft Word. When submitting the cd rom to the Court, counsel are advised to
alert the security guard and avoid the x-ray machine to avoid accidental erasure.
The Court intends to adhere as closely as possible to pattern criminal jury
instructions issued by the Sixth Circuit and the Federal Judicial Center.
3. A list of voir dire questions. The Court will conduct initial voir dire of the panel and
of individual panel members. The Court will thereafter allow one counsel for each
party to question briefly individual panel members on relevant issues not addressed
by the Court.
4. Counsel for the parties are directed to submit to the Court appropriate
memoranda, with citations to legal authority, in support of evidentiary
questions and any other legal issues which may reasonably be
anticipated to arise at trial.
5. Counsel for the parties are directed to submit to the Court an estimate of the
length of trial.
6. Exhibits shall be marked before trial with exhibit stickers, which are available at the
Clerk’s office on request. The plaintiff shall mark exhibits with numbers and
defendants shall mark exhibits with letters. If there are multiple parties, the parties
last name should precede the number or letter (i.e., “Smith-1" or “Green-A”). If the
parties have a joint exhibit it shall be marked as “Jt. Ex. 1" or Jt. Ex. 2" etc. If the
defendant has more than 26 exhibits, double letters shall be used (i.e., AA, BB, CC,
etc).
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The Court recommends that counsel place all exhibit sets in three-ring looseleaf
binders/notebooks, with appropriately marked divider tabs and a table of contents at
the front.
IT IS SO ORDERED.
PATRICIA A. GAUGHAN
UNITED STATES DISTRICT JUDGE
DATED:
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