UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
UNITED STATES OF AMERICA ) JUDGE DONALD C. NUGENT
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Plaintiff, ) CASE NO.
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vs. ) CRIMINAL TRIAL ORDER
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Defendant. )
Trial of this matter has been scheduled to commence on (6 weeks from arraignment
date–speedy trial runs 70 days after arraignment) at 8:30 a.m. before the Honorable Donald
C. Nugent, Courtroom 15A, 801 W. Superior Avenue, Cleveland, OH 44113. A Pretrial is
scheduled for (2 weeks after arraignment) at 9:30 a.m., and Final Pretrial is scheduled for (1 week
before trial) at 10:00 a.m.
The attention of counsel for all parties is specifically directed to General Order No. 119 of
the United States District Court for the Northern District of Ohio, adopted September 11, 1990
(Jury Utilization Management Plan), which provides that “plea negotiations must be completed by
a date certain in advance of the scheduled trial.” Accordingly, the Court will not accept a plea
agreement which is submitted later than one week prior to the date set for trial.
Pursuant to Local Rule 17.1.1, counsel for the government and counsel for the defendant(s)
are directed to comply with each of the following requirements:
Discovery herein shall be completed on or before (1 week after first pre-trial). 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.
Pretrial motions shall be filed on or before (1 week before final pre-trial date). The Court
does not look favorably upon the practice of filing pro forma motions. It is expected by the Court
that every motion filed will be supported by a substantial foundation and that such foundation will
be explicitly stated in the motion pursuant to Local Rule 16.1.
Responses to pretrial motions shall be filed on or before (final pre-trial date).
The following trial documents are to be submitted to the Court not later than 4:00 p.m., on
(two days before trial date):
1. Counsel for the parties are directed to confer in person and thereafter submit to the
Court, in writing, a concise statement describing the case in an impartial, easily
understood manner, which shall be read to the jury panel prior to voir dire.
2. Counsel for the parties are directed to confer in person, agree upon stipulations, and
reduce them to writing. Said stipulations are to be signed by all counsel and
defendant(s) and submitted to the Court.
3. Counsel for the parties are directed to submit to the Court, in writing, a list of voir
dire questions and jury instructions. Counsel should confer in person and, to the
extent possible, agree upon a complete set of voir dire questions and jury
instructions.1 Additional proposed voir dire questions and proposed jury
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Counsel shall also provide a copy of the jury instructions to the Court on a CD. The Court is
equipped with WordPerfect X3.
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instructions, which are disputed by the parties, may be submitted to the Court and
opposing counsel. Such proposed jury instructions shall be supported by legal
authority. THE COURT INTENDS TO ADHERE AS CLOSELY AS POSSIBLE
TO PATTERN CRIMINAL JURY INSTRUCTIONS ISSUED BY THE SIXTH
CIRCUIT AND THE FEDERAL JUDICIAL CENTER.
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 shall reduce to writing any hypothetical questions and shall
tender copies to the Court and opposing counsel. Counsel shall also submit legal
authorities in support of the form and authority to use such questions. Counsel
should confer in person and, to the extent possible, agree on the wording of such
questions.
Prior to trial, counsel for the parties are also directed to complete the following:
1. In the event that demonstrative evidence, such as models or sketches, are intended
to be used at trial, counsel are ordered to exchange this evidence no later than two
(2) days prior to the date of trial.
2. All exhibits must be marked before trial in accordance with Local Rule 23.2.
The Court will not allow exhibits to be given to the jury during trial without prior approval
of the Court. If the Court approves such a request, sufficient copies for each juror must be
provided in order that all jurors may view the exhibit simultaneously. The preferred method of
presenting such evidence is by overhead projection or a similar method.
Request for Continuance
The Court will not grant a continuance of a trial or hearing without a written motion
stating the reason for the continuance. The Court will not consider any motion for a continuance
due to a conflict of trial assignment dates unless a copy of the conflicting assignment is attached
thereto. The motion shall be filed within fifteen (15) days of counsel becoming aware of the
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conflict and not less than thirty (30) days prior to trial.
IT IS SO ORDERED.
__________________________
DONALD C. NUGENT
United States District Judge
DATE:
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