IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
UNITED STATES OF AMERICA,
No. __________________
Plaintiff,
v. CRIMINAL TRIAL
MANAGEMENT ORDER
_____________________________,
Defendant(s).
BAGGIO, District Judge.
I. FOR CASES PROCEEDING TO TRIAL.
If the matter will proceed to trial, no later than TWENTY-EIGHT (28) days prior to the
scheduled pretrial conference, counsel shall notify the Courtroom Deputy (CRD) and file pretrial
documents (see below). Counsel shall also advise the Court of the estimated length of the trial.
When notified that the case is ready to proceed to trial, the Court will schedule a pretrial
conference.
Please see Judge Baggio’s webpage on the District of Oregon’s website for more
information regarding best practices for trial and expectations for litigants appearing in her
courtroom. For further information on trial procedures, please refer to the Trial Court Guidelines
for the District of Oregon at: www.ord.uscourts.gov/index.php/attorneys/trial-court-guidelines
Pretrial documents shall be filed as follows:1
(1) Twenty-Eight (28) days prior to the scheduled pretrial conference, the parties shall
simultaneously file:
1
A paper Judge’s copy of ALL pretrial documents, regardless of the number of pages, shall be
submitted the same day as the original documents are filed. All Judge’s copies of documents
shall be double-sided and three-hole punched on the left side before submission.
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(a) all motions in limine;
(b) trial memoranda;
(c) requested jury instructions (also submit in Word format as an e-mail attachment
to the CRD);
i. the parties shall jointly submit one single document of the jury
instructions they would like the Court to give the jury. That single
document should contain all of the necessary instructions, with all of
the elements and relevant facts of the case filled in. Do not leave any
placeholders for the Court to fill in. The document should include an
index. Insert page breaks between instructions and between contested
versions of the same instruction. See Example #1 for format.2
ii. If there is a disagreement between the parties as to an instruction, for
each disputed instruction, include 1) the Ninth Circuit Model Jury
Instruction or other model instruction, if applicable; 2) Government’s
preferred instruction version under a header highlighted in yellow; 3)
Defendant’s preferred instruction version under a header highlighted in
blue. Each party is to include a succinct explanation for its/their
preferred instruction and citations to legal authority. If either party
disagrees that a proposed instruction should be given, indicate that
under the appropriate header. These explanations are the parties’
opportunity to make the record as to their legal objection(s) to a
proposed instruction.
iii. The Court intends to provide the jury with an excerpt of instructions
prior to opening statement. That excerpt will include: the presumption
of innocence, the burden(s) of proof defined, the charges per count, and
the elements of each offense charged. Parties are directed to confer on
appropriate instructions and include a draft “Pre-Opening Statement
Instructions” in their proposed instructions, noting any objections in the
same manner described in (1)(c)(ii).
iv. NOTE: The Court expects to resolve all objections to jury instructions
prior to opening statements. Should an unforeseeable new issue arise
during the trial, of course the Court will address such issues as
appropriate. However, counsel should expect to have their complete set
of requested instructions included in this pretrial filing.
(d) proposed voir dire questions;
2
All examples in this trial management order can be found on Judge Baggio’s webpage:
https://ord.uscourts.gov/index.php/court-info/our-judges/judge-baggio.
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(e) exhibit list;3 4
i. Parties are to confer to avoid duplicating exhibits, if possible. If
Defendant does not submit an exhibit list, they are directed not to
duplicate the same exhibits introduced by the Government to the
extent possible.
ii. Parties are reminded that only admitted exhibits may be published to
the jury.
iii. Except for exhibit stickers and page numbers for trial, parties must
ensure exhibits used during the course of trial and provided to the jury
for deliberations are clear of any numbering from discovery or earlier
court proceedings.
iv. By close of business two days after the Pretrial Conference, parties are
directed to file a REVISED Exhibit List that captures the Court’s
decisions from the Pretrial Conference, see Example 4, and deliver the
JERS USB drive to the Clerk’s office, see Supplemental TMO.
v. NOTE: If an objection to an exhibit is sustained or the parties
otherwise agree to withdraw or modify an exhibit listed on the original
exhibit list, the parties must file an amended joint exhibit list. If a party
offers an amended exhibit per negotiations or to comply with the
Court’s pretrial ruling (to add a redaction, for example), the parties are
directed to add the modified exhibit under a new exhibit number. Do
not re-use exhibit numbers already used for another proposed exhibit.
Parties must file a red-lined, amended exhibit list to make plain any
changes to a previously filed version.
(f) expert witness list and summaries of any expert testimony;5 and
3
Exhibits are not filed. A copy of each numbered exhibit shall be supplied to the court and
opposing counsel. Original exhibits shall be submitted at the time of trial. Both the original and
the Judge’s copies of exhibits shall be marked, three-hole punched and placed into binders with
clearly marked index tabs. The binders shall be clearly marked on the outside whether they are
the Government’s or Defendant’s exhibits. All staples and clips shall be removed from the
exhibits. The Government’s exhibits shall be numbered on yellow exhibit stickers beginning with
“1.” Defendant’s exhibits shall be numbered on blue exhibit stickers beginning with “501.”
4
Defendant is not required to disclose exhibits in advance of trial but may choose to do so,
particularly if Defendant seeks a pretrial ruling on the admissibility of a particular exhibit.
5
If the parties anticipate a Daubert challenge to a proposed expert, counsel are to contact the
CRD to set a briefing schedule and Daubert hearing.
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(g) proposed verdict form, as a joint filing if possible after good faith conferral (also
submit in Word format as an e-mail attachment to the CRD); and
(h) the Government shall file a complete witness list.
(2) At least TWENTY-ONE (21) days prior to the scheduled pretrial conference any
responses to motions in limine and objections to exhibits and witness, if any, shall be
filed.
The courtroom is equipped with digital evidence presentation. Counsel are encouraged to use
this equipment at trial. Arrangements can be made to demonstrate the equipment by contacting the
CRD at least one week before trial.
II. FOR CASES NOT PROCEEDING TO TRIAL.
If the matter will not proceed to trial, no later than TWENTY-EIGHT (28) days prior to
the scheduled pretrial conference, counsel shall set a plea hearing with the CRD or file a motion to
continue the trial date.
(1) Counsel are to set a plea hearing by emailing the CRD and advising if Defendant is in
custody and whether or not an interpreter is needed for the hearing. Plea agreements
and plea petitions (even if unsigned) are due to the Court by Noon the day before the
plea hearing.
(2) Any motion to continue a criminal trial shall include (either within the motion or
separately filed declaration):
(a) a statement of the number and length of previous continuances;
(b) a proposed trial date and detailed reason for the continuance stated with sufficient
specificity to permit the Court to make findings of the necessity for a
continuance. If necessary to prevent disclosure of work product or other
privileged material, a party may file a motion to file under seal in order to submit
an additional declaration under seal setting out the facts that warrant a
continuance;
(c) if in custody, defense counsel shall include Defendant’s current location;
(d) a representation that counsel has spoken to his or her client and the client agrees
with the continuance, understands the rights provided by the Speedy Trial Act, and
waives those rights in light of the reason for the continuance. The request to
exclude time under the Speedy Trial Act shall extend 30 days beyond the
requested new trial date. Attorneys may only speak for their own clients. The
client’s written consent for continuance may be filed instead; and,
(e) the positions of all other parties, including the Government, concerning the
proposed continuance. (In cases with multiple defendants being tried together, the
position of each defendant must be provided to the Court by each defendant’s
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attorney in the form of a declaration.)
NOTE: Defendants will not be taken off the U.S. Marshal’s transport list until acceptable
submissions are received and the motion to continue the trial date is granted. A status conference
may be required upon the filing of any motion to continue.
IF ANY CHANGE IN TRIAL DATE IS GRANTED, THE TIMEFRAMES SET OUT IN
THIS ORDER SHALL APPLY TO ANY NEW PRETRIAL CONFERENCE AND/OR
TRIAL DATE.
IT IS SO ORDERED.
DATED: _________________________
____________________________________
AMY M. BAGGIO
United States District Judge
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