The opinion of the court was delivered by: Judge D. Lowell Jensen United States District Court
Good cause appearing, IT IS HEREBY ORDERED that:
A. TRIAL DATE. Trial before the JURY shall begin on 11/8/2010 at 9:00am in San Jose in Courtroom 7, 4th Floor.
B. TRIAL LENGTH. The estimated length of trial is one week
C. MOTIONS. All motions shall be heard on 11/2/2010 at 10:00am in San Jose in Courtroom 7, 4th Floor. All motions shall be filed and served by 10/19/2010 . Any opposition shall be filed and served by 10/26/2010 . Before filing any motion, counsel for each party shall confer concerning any matter covered by Crim L.R. 17.1-1 relevant to the case, in particular subparagraphs (1), (2) and (3).
D. PRETRIAL CONFERENCE. A Pretrial Conference shall be held on Tuesday, 11/2/2010 at 10:00am in San Jose in Courtroom 7, 4th Floor. Not less than three days before the Pretrial Conference, counsel for the Government shall:
(1) Serve and file a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues;
(2) Serve and file a list of all witnesses who may be called, together with a brief summary of the testimony of each;
(3) Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court's standard instructions (which are published in the Ninth Circuit Manual of Model Jury Instructions);
(4) Serve and file a proposed form of verdict and proposed questions for jury voir dire; and
(5) Serve and lodge copies of all exhibits to be offered at trial, together with a complete list of those exhibits. Each item shall be premarked using the form attached; generally, the government shall use numbers and the defendant shall use letters. (See attachment)
Not less than three days before the Pretrial Conference, defense counsel shall comply with subparagraphs (3) and (4) above, and, to the extent consistent with the defendant's right to an effective defense, with subparagraphs (1), (2) and (5) above.
In particular, counsel shall confer in advance and be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial (e.g., by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.)
E. COPIES. Each document filed or lodged with the Court must be accompanied by a copy for use in the Judge's chambers.
F. TRANSCRIPTS. If transcripts will be requested during or immediately after trial, arrangements must be made with the Court Reporter at least one week before trial commences. Call San Jose Clerk's Office 408-535-5364 and ask for Court Reporter Supervisor.
G. CHANGE OF PLEA. Counsel shall give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered not guilty plea. If there is no plea agreement, an Application for Permission to Enter Plea of Guilty and Order Accepting Plea must be ...