Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 IT IS ORDERED that the attorneys who will be responsible for the trial and 15 defendant shall attend the Final Pretrial Conference. 16 The parties shall be prepared to discuss the following at the conference: 17 18 19 20 21 22 23 24 25 26 27 28 (1) (2) (3) (4) (5) (6) (7) (8) trial schedule voir dire procedure number of witnesses number of exhibits marking exhibits and copies for the court special equipment needs need for interpreter motions in limine or other outstanding motions. vs. Jesse R. Moore (01), Defendant. United States of America, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) CR 03-00764-PHX-JAT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

FINAL PRETRIAL CONFERENCE: set for Monday, December 17, 2007 at 4:00 p.m.

MOTIONS IN LIMINE: the following briefing schedule will be followed: Motions in limine shall be due five (5) business days prior to the final pretrial conference (electronically filed). Responses to motions in limine shall be due three (3) business days prior to the final pretrial conference (electronically filed). No replies will be permitted. FIVE (5) BUSINESS DAYS PRIOR TO TRIAL: the parties will complete the following tasks:
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(1) The parties shall jointly file a description of the case to be read to the jury. (2) Each party shall file a proposed set of voir dire questions. The voir dire questions shall be drafted in a neutral manner. (3) JURY INSTRUCTIONS: the parties shall submit a STIPULATED-TO set of jury instructions in the format provided in the attachment to this Order. (4) The parties shall submit a joint list of witnesses (for use during voir dire). IT IS ORDERED directing the parties to submit their jury instructions in WordPerfect®

7 9.0 format to the chamber's e-mail address,1 in addition to filing them with the Clerk of the 8 Court. 9 EXHIBITS: The parties shall submit marked exhibits and exhibit lists for use at trial 10 on THE DAY OF TRIAL UNLESS OTHERWISE DIRECTED BY THE DEPUTY 11 CLERK. (If there are more than twenty (20) exhibits, the parties are directed to provide their 12 list of exhibits to the Deputy Clerk in WordPerfect® 9.0 format by e-mailing the list to the 13 chamber's e-mail address.) 14 IT IS FURTHER ORDERED that the parties shall keep the Court informed of the 15 possibility of settlement and should settlement be reached, the parties shall notify the Court. 16 DATED this 5th day of June, 2007. 17 18 19 20 21 22 23 (revised 6/15/06) 24 25 26 27 28
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Attachment The parties shall submit a stipulated-to list of proposed jury instructions. The list shall contain four sections. Section I. The first section shall contain model instructions. If an instruction is requested by both parties, the instruction shall be preceded by "ST" (stipulatedto). If the instruction is requested by only one party, the instruction shall be preceded by either "PL" (Plaintiff) or "DF" (Defendant).2 For example:

EXAMPLE OF STIPULATED-TO LIST: 7 8 9 10 11 12 13 14 (Following this list, the parties shall include the full text of each model instruction.) 15 II. 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Case 2:03-cr-00764-JAT Document 1205 Filed 06/05/2007 Page 3 of 3
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ST ST DF DF ST PL DF ST ST ST

§ 3.1 Duties of Jury to Find Facts and Follow Law § 3.2 Charge Against Defendant Not Evidence - Presumption of Innocence § 3.3 Defendant's Decision Not to Testify § 3.4 Defendant's Decision to Testify § 3.5 Reasonable Doubt - Defined § 3.6 What is Evidence § 3.7 What is Not Evidence § 3.8 Direct and Circumstantial Evidence § 3.9 Credibility of Witnesses § 3.10 Evidence of Other Acts of Defendant or Acts and Statements of Others

Section II. Section II shall contain any non-model instructions to which the parties have stipulated. Section III. Section III shall contain any non-model instructions requested by Plaintiff (numbered consecutively). Plaintiff shall include citation to authority to support the requested instruction. Defendant shall state all objections to such instruction immediately following the instruction and Plaintiff's authority. Defendant shall support any objection with citation to authority. If Defendant offers an alternative instruction, such alternative instruction shall immediately follow Defendant's objection. Section IV. Section IV shall contain any non-model instructions requested by Defendant (numbered consecutively). Defendant shall include citation to authority to support the requested instruction. Plaintiff shall state all objections to such instruction immediately following the instruction and Defendant's authority. Plaintiff shall support any objection with citation to authority. If Plaintiff offers an alternative instruction, such alternative instruction shall immediately follow Plaintiff's objection.

III.

IV.

If multiple defendants, identify which Defendant.