UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 16, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
CLAYTON JAY KLOCK, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
TRIAL CONFIRMATION ORDER
Trial in the above-captioned case is scheduled to commence on March 9, 2010, at 9:00 a.m. That date was confirmed at the hearing on Friday, February 12, 2010.
I. EVIDENTIARY DISPUTES
All evidentiary disputes capable of being resolved by in limine motions, shall be set forth in such motions no later than 4:30 p.m. on February 22, 2010.*fn1 Oppositions to the motions or non-opposition statements shall be filed no later than February 26, 2010. Hearing on the motions will commence at 9:00 a.m. on March 5, 2010. If the parties have other reasonably anticipated disputes concerning the admissibility of evidence, such disputes should be included in their trial briefs. L.R. 285(a)(3).
II. TRIAL PREPARATION
A. No later than five court days before trial, the following documents should be filed:
(1) proposed jury instructions;
(2) proposed voir dire questions to be asked by the Court;
(3) trial briefs;*fn2
(4) a joint statement or joint proposed jury instruction that can be read to the jury in advance of voir dire that explains the nature of the case; and
(5) a proposed verdict form.
At the time of filing the proposed jury instructions, proposed voir dire questions, verdict and joint statement, counsel shall also submit a copy of the sanitized jury instructions, the proposed voir dire questions, verdict forms and the joint statement to the Court by email to firstname.lastname@example.org in accordance with L.R. 163(b)(1).
B. The government's exhibits shall be numbered and eventually marked with stickers provided by the court. Should the defendant elect to introduce exhibits at trial, such exhibits shall be designated by alphabetical letter with stickers provided by the court. The parties may obtain exhibit stickers by contacting the clerk's office at (916) 930-4000.
C. The parties estimate the trial will take three (3) days. Each side is granted ten (10) minutes for voir dire, which may be used after the judge completes judicial voir dire.
1. The "struck jury" system will be used to select the jury.*fn3 Two (2) alternate jurors will be empaneled. The Jury Administrator randomly selects potential jurors and places their names on a list that will be provided to each party in the numerical sequence in which they were randomly selected. Each juror will be placed in his or her randomly-selected seat. The first twelve (12) jurors on the list will constitute the petit jury unless one or more of those twelve (12) is excused for some reason. Assuming that the first listed juror is excused, the thirteenth listed juror becomes one of the twelve (12) jurors.
2. Peremptory strikes will be exercised silently, by passing the strike sheet between the parties, with the government going first in each round. To use a challenge, the attorney will write the seat number of the juror above the line next to the numbered challenge. A party who does not use a challenge in any round waives any further right to exercise that challenge and is required to reflect this waiver by writing the word "pass" on the strike sheet.
3. If any party has a Batson or other objection to opposing counsel's use of a peremptory strike, it must be made immediately upon recognition of the same, and before moving to another round. However, this ruling does not prevent a party from making such an objection later based on information gained that justifies making the objection at a later time. But any objection must be made before the Court excuses that juror from further participation in the voir dire process. Failure to do this constitutes waiver of a Batson and any other objection.
4. Each party is given twenty (20) minutes to make an opening statement.
IT IS SO ORDERED.