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United States v. Archila

United States District Court, N.D. California

March 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MARIO ARCHILA, Defendants.

          ORDER FOR PRETRIAL PREPARATION (CRIMINAL)

          SUSAN ILLSTON United States District Judge

         Order Good cause appearing, IT IS HEREBY ORDERED that:

         TRIAL DATE: On July 5, 2017 at 8:30 a.m., Courtroom 1, 17th floor, and will be before the JURY.

         TRIAL LENGTH is estimated to be four (4) days.

         MOTIONS IN LIMINE:

         Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than five court days prior to the date set for the Pretrial Conference. Any party opposing such a motion in limine shall file and serve its opposition papers no later than two court days prior to the Pretrial Conference(with personal service directly on chambers). No reply papers will be considered, and the motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

         PRETRIAL CONFERENCE: A Pretrial Conference SHALL be held at 3:30 p.m. on June 20, 2017 in Courtroom 1. 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). Counsel shall deliver to the Courtroom Deputy a copy of their proposed jury instructions and email a copy in Word format to SIPO@cand.uscourts.gov.
(4) Serve and file a proposed form of verdict and proposed questions for jury voir dire; and,
(5) Serve and file exhibit lists; and serve copies of all marked exhibits on all parties. Each item SHALL be pre-marked; generally, the government SHALL use numbers, the defendant, letters. The exhibits SHOULD NOT be filed with the Court, only the exhibit lists must be filed with the Court. However, counsel shall lodge with the Court two copies of the exhibits in binders the Friday before trial, for the Court's use and witnesses use during trial. The original exhibits admitted by the Court shall be collected by the Court during trial.

         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.

         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 ...


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