Free Order - District Court of Arizona - Arizona

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Case 2:04-cr-01018-JAT Document 92 Filed 10/20/2005 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. Bella Ben-Henry (02), Frederick Marianito (03),

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CR 04-01018-PHX-JAT (dfts 2 and 3) ORDER

FINAL PRETRIAL CONFERENCE: set for Monday, October 31, 2005 at 3:00 p.m. before Judge Teilborg. IT IS ORDERED that the attorneys who will be responsible for the trial and defendant shall attend the Final Pretrial Conference. 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

1 MOTIONS IN LIMINE: the following briefing schedule will be followed: 2 Motions in limine shall be due three (3) business days prior to the final pretrial 3 conference (hand delivered to the court and opposing counsel). 4 Responses to motions in limine shall be due one (1) business day prior to the final 5 pretrial conference (hand delivered to the court and opposing counsel). 6 No replies will be permitted. 7 ONE (1) BUSINESS DAY PRIOR TO FINAL PRETRIAL CONFERENCE: the 8 parties will complete the following tasks: 9 (1) 10 (2) 11 questions shall be drafted in a neutral manner. 12 (3) 13 LIST of : 14 a. 15 16 b. 17 c. 18 (4) 19 (5) 20 IT IS ORDERED directing the parties to submit their proposed voir dire questions, 21 joint statement of the case, jury instructions and special jury instructions on IBM-PC 22 23 filed with the Clerk of the Court. 24 25 26 27 28 -2Case 2:04-cr-01018-JAT Document 92 Filed 10/20/2005 Page 2 of 4
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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

JURY INSTRUCTIONS: the parties shall submit a STIPULATED-TO

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 Special instructions requested by PL numbered consecutively. Special instructions requested by DF numbered consecutively.

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

compatible computer disk in WordPerfect® 9.0 format in addition to the written materials

If multiple defendants, identify which Defendant.

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EXHIBITS: The parties shall submit marked exhibits and exhibit lists for use at trial (hand delivered to court and opposing counsel) THE DAY OF TRIAL UNLESS OTHERWISE DIRECTED BY THE DEPUTY CLERK. If there are more than twenty (20) exhibits, the parties are directed to submit their list of exhibits to the Deputy Clerk on IBM-PC compatible computer disk in WordPerfect® 9.0 format. 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 20th day of October, 2005.

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1 2 3 4 5 6 EXAMPLE OF STIPULATED-TO LIST: 7 8 9 10 11 12 13 14 15 16 17 III. 18 19 20 21 IV. 22 23 24 25 26 27 28 -4Case 2:04-cr-01018-JAT Document 92 Filed 10/20/2005 Page 4 of 4
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The parties shall submit a stipulated-to 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 PL II.

§ 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 § 3.11 Activities Not Charged § 3.12 Separate Consideration of Multiple Counts § 3.17 Intent to Defraud - Defined

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.
ATTACHMENT

If multiple defendants, identify which Defendant.