Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Trial being set March 21, 2006, FINAL PRETRIAL CONFERENCE is hereby set March 13, 2006 at 3:00 p.m. The parties shall be prepared to discuss the following at the conference: (1) (2) (3) (4) (5) (6) (7) trial schedule voir dire procedure number of witnesses number of exhibits marking exhibits and copies for the court special equipment needs need for interpreter vs. Fernando White, Defendant. United States of America, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) CR 04-657-PHX-NVW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

MOTIONS IN LIMINE: the following briefing schedule will be followed: Motions in limine shall be due February 20, 2006. Responses to motions in limine shall be due March 6, 2006.
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No replies will be permitted. BY NO LATER THAN MARCH 8, 2006, the parties will complete the following

(1) (2)

The parties shall jointly file a description of the case to be read to the jury. 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

LIST of : a. Model Jury Instructions, by number. If stipulated to, indicated by ST. If not stipulated to, indicate by PL or DF which party is requesting that instruction. (See Attachment #1)1 Special instructions requested by PL numbered consecutively. Special instructions requested by DF numbered consecutively.

b. c. (4) (5)

The parties shall each submit a list of witnesses. If a jury questionnaire is to be used, submit jury questionnaire.

IT IS ORDERED directing the parties to submit their proposed voir dire questions, joint statement of the case, jury instructions and special jury instructions on IBM-PC compatible computer disk in WordPerfect® 9.0 format in addition to the written materials filed with the Clerk of the Court. (360K, 720K, 1.24K, and 1.44K diskettes are all acceptable). ONE (1) BUSINESS DAY PRIOR TO TRIAL: the parties shall complete the following tasks: (1) The parties shall submit marked exhibits and exhibit lists for use at trial (hand

delivered to court and opposing counsel). (2) If there are more than twenty (20) exhibits,

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If multiple defendants, identify which Defendant. -2-

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IT IS ORDERED directing the parties to submit their list of exhibits on IBM-PC compatible computer disk in WordPerfect® 9.0 format in addition to the written materials filed with the Clerk of the Court. (360K, 720K, 1.24K, and 1.44K diskettes are all acceptable). IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the possibility of settlement and should settlement be reached, the parties shall notify the Court. DATED this 19th day of December, 2005.

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ATTACHMENT #1 The parties shall submit a joint list of proposed jury instructions. The list shall contain four sections. I. Section I. The first section shall contain model instructions. If an instruction is requested by both parties, the instruction shall be preceded by "ST" (stipulated-to). If the instruction is requested by only one party, the instruction shall be preceded by either "PL" (Plaintiff) or "DF" (Defendant).2 For example: ST ST DF DF ST PL DF ST ST ST DF DF II. § 3.1 § 3.2 § 3.3 § 3.4 § 3.5 § 3.6 § 3.7 § 3.8 § 3.9 § 3.10 § 3.11 § 3.12 Duties of Jury to Find Facts and Follow Law What is Evidence What is Not Evidence Jury to be Guided by Official English Interpretation Direct and Circumstantial Evidence Credibility of Witnesses Opinion Evidence Expert Witnesses Causation Charts and Summaries Not Received in Evidence Charts and Summaries in Evidence Two or More Parties - Different Legal Rights Impeachment Evidence - Witness

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Section II. Section II shall contain any non-model instructions to which the parties have stipulated and shall include the full text. 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.

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Each proposed instruction shall begin on a new page. The parties should note that absent a showing of good cause, the failure to submit a proposed instruction or make an objection in the joint pleading by the deadline set forth herein may result in the instruction being refused or the objection being deemed waived.

If multiple Defendants, identify which Defendant.

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