FILED
January 28, 2026
CLERK, U.S. DISTRICT COURT
WESTERN DISTRICT OF TEXAS
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS CSanchez
BY: ________________________________
EL PASO DIVISION DEPUTY
§
THE HONORABLE ANNE T. BERTON § ALL CRIMINAL CASES
§
STANDING ORDER REGARDING PRETRIAL MOTIONS, CERTAIN DISCLOSURES,
AND TRIAL PREPAREDNESS IN CRIMINAL CASES
Counsel SHALL carefully review and comply with these practices and procedures:
Pretrial Motions.
Upon The parties shall request a briefing schedule from the Court to file pretrial
Defendant’s motions, if any.
Request for Trial
Disclosures Under Brady, Giglio, and Napue.
The Government shall disclose to the Defendant and permit inspection and
copying of all information and materials known to the Government which
may favor the Defendant on the issues of guilt or punishment within the
scope of Brady v. Maryland, 373 U.S. 83 (1963), or which tends to impeach
the Government witnesses. The Government shall also disclose to the
Defendant the existence and substance of any payments or promises of
immunity, leniency, or preferential treatment made to prospective
Government witnesses within the scope of Giglio v. United States, 405 U.S.
150 (1972), and Napue v. Illinois, 360 U.S. 264 (1959).
The Court reminds the Government of its continuing obligation to disclose
any exculpatory evidence to the Defendant and to learn of any such evidence
Not Later Than
known to others acting on the Government’s behalf. See Kyles v. Whitley,
Three Weeks
514 U.S. 419 (1995). The Government’s disclosure obligations apply even
Before Trial
when the defendant has not requested any exculpatory evidence from the
Government. See United States v. Agurs, 427 U.S. 97 (1976).
These obligations to timely provide exculpatory evidence are not diminished
by the fact that such evidence also constitutes evidence that must be produced
later under the Jencks Act, 18 U.S.C. § 3500, or by the fact that such evidence
need not be produced according to Federal Rule of Criminal Procedure 16.
See United States v. Campagnuolo, 59 F.2d 852 (5th Cir. 1979); Fed. R. Crim
P. 16 advisory comm.’s notes to 1974 amend. (“The rule is intended to
prescribe the minimum amount of discovery to which the parties are
entitled.”). If the Government identifies any evidence which it believes to be
exculpatory or favorable to the Defendant but not material, the Government
shall submit such information to the Court for in camera review.
Joint Proposed Jury Charge and Verdict Form (If Jury Trial).
The parties shall meet and confer, and then file a Joint Proposed Jury Charge
and a Verdict Form consistent with the guidelines below. Upon filing, the
parties shall promptly email a Microsoft Word version of the Joint Purposed
Jury Charge and the Verdict Form as filed, to the undersigned’s email address
at
[email protected] (the email’s subject line must include the
case number and the text “Joint Proposed Jury Charge”). The Court prefers
that the Proposed Jury Charge be based on the Fifth Circuit Pattern Jury
Instructions (the most recent edition), but the Court may consider instructions
based on another circuit’s pattern jury instructions.
For general and preliminary jury instructions based on the Fifth Circuit
Pattern Jury Instructions, the parties need only provide a list of the applicable
section numbers and titles (e.g., § 1.05 Presumption of Innocence, Burden of
Proof, Reasonable Doubt), not the full text. But if a section requires case-
specific information (e.g., § 1.18 regarding Expert Opinion Testimony
requires the name of expert and subject matter of the expert’s opinion
testimony) or if the parties substantively modify the text of any section in the
Joint Proposed Charge, the parties must also provide the full text of the
affected section as modified and clearly identify the changes.
For substantive offense jury instructions based on the Fifth Circuit Pattern
Not Later Than
Jury Instructions, the parties must provide the section, title, and full text
Two Weeks
(modified with case specific information as needed) of the specific section
Before Trial
containing the proposed instruction.
If a party proposes an instruction from another circuit’s pattern jury
instructions, that party must provide the section, title, and full text of the
specific section containing the proposed instruction, along with the name of
the circuit and the year/edition of the pattern jury instructions.
If the parties disagree on any instruction or set of instructions (as provided
under a section of the pattern jury instructions), each party must provide the
full text of their respective proposed charge, denoting the party’s name and
highlighting, or otherwise pointing out, those portions of the instruction or
the set of instructions about which the parties disagree, and the nature of the
parties’ disagreement. If a specific instruction or set of instructions is
proposed by only one party, that party must provide the full text of the
proposed instruction or set of instructions, denoting that proposing party’s
name, and the other party must include the nature of its objection, if any, to
the proposed instruction or set of instructions.
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Proposed Voir Dire Questions and Case Summary (If Jury Trial).
Each party shall file a list of questions it requests the Court to ask prospective
jurors during voir dire. The parties shall also jointly file a summary of the
case for the Court to read to the panel to determine whether any juror has
prior knowledge of the case.
Joint Motion in Limine (If Jury Trial).
The parties shall file a Joint Motion in Limine but only after the parties confer
and discuss their individual motion(s), if any. The Joint Motion in Limine
shall identify the items that the parties jointly agree on and the items they
dispute, including any related objections. The Court will address any
disputed items at a pretrial conference held before trial.
Joint Exhibit List.
The parties shall file a Joint Exhibit List. Before filing, the parties must
confer and discuss the admissibility of their respective exhibits. The Joint
Exhibit List shall list the exhibits that the parties jointly agree to admit and
identify any objections to the other party’s designated exhibits to which a
party objects. The Court will address any disputed exhibits at a pretrial
conference held before trial. The parties shall number their exhibits under
Local Rule CV-16(h).
Not Later Than
Uploading Exhibits to Box.com.
Ten Days Before
Before the pretrial conference, the Courtroom Deputy will email instructions
Trial
with a Box File Request link to each party. The parties shall follow these
instructions and upload all trial exhibits to Box. The file name for each
uploaded exhibit must match that exhibit’s proposed label on the record and
follow the naming convention required by the Jury Evidence Recording
System (JERS): https://www.txwd.uscourts.gov/for-attorneys/jers-jury-
evidence-recording-system/. Counsel must use specific, descriptive file
names rather than vague or generic labels, as these file names will be visible
to jurors when viewed through JERS at the end of a jury trial.
Witness List.
The parties shall file a list of any potential trial witnesses.
Stipulated Facts.
The parties shall file a list of proposed stipulated facts, if any.
Length of Trial.
The parties shall jointly file a statement with an estimate of the probable
length of trial.
Interpreters.
Any need for an interpreter, for the Defendant or a witness, should be
communicated to the Courtroom Deputy.
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Technology.
The parties must notify the Court if they intend to use laptops, tablets, or
other electronic presentation device, including presenting paper exhibits on
an ELMO document camera. If counsel fails to provide notice, the Court
Not Later Than
may prohibit the use of electronic presentation devices, and no extensions or
Seven Days
accommodations will be granted for delays due to the unavailability of
Before Trial
electronic presentation methods. Counsel are advised that technology in the
Magistrate Courtrooms differs significantly from that in the District
Courtrooms.
During Voir Dire Each party will be allotted ten minutes to ask any other questions.
The Court will limit opening statements to ten minutes per side. The Court
During Opening
will consider allowing additional time for opening statements only in special
Statements
circumstances (for example, multiple defendants).
Parties must ensure that all trial exhibits admitted into evidence are uploaded
Before
to Box before deliberations begin. Exhibits not uploaded will not be
Close of Trial
available for release to the jury through JERS.
So ORDERED and SIGNED this 28th day of January, 2026.
____________________________________
ANNE T. BERTON
UNITED STATES MAGISTRATE JUDGE
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