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United States v. Galloway

United States District Court, E.D. California

April 24, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHAEL GALLOWAY, Defendant.

          AMENDED PRETRIAL ORDER

         This matter was previously set for trial on October 25, 2016, but was delayed by stipulation of the parties.[1] (Doc. No. 75.) A trial confirmation hearing in the above-captioned case will be held at 10:00 a.m. on May 15, 2017 in Courtroom 5. The trial of this matter is now scheduled to commence at 8:30 a.m. on May 23, 2017. On the first day of trial, counsel shall be present in the courtroom at 8:30 a.m. to assist in resolving any remaining issues. In preparation for the upcoming trial, the court advises the parties of the following.

         I. TRIAL BRIEFS AND STATEMENT OF THE CASE

         No later than 4:00 p.m. on Wednesday May 17, 2017, the parties may file trial briefs and the government shall file a statement of the case. In their trial briefs, the parties shall address reasonably anticipated disputes concerning the admissibility of evidence, legal arguments, any other information the parties believe is relevant to the trial of the matter, with citations to legal authority where appropriate. In lieu of a government's statement of the case, the parties may file a joint proposed statement to be read by the court to the jury in advance of voir dire explaining the nature of the case to be tried.

         II. PROPOSED JURY INSTRUCTIONS

         All counsel are informed that the court has prepared a set of standard jury instructions for criminal cases. In general, those standard instructions cover all aspects of the trial except those relating to the charges contained in the charging document. Accordingly, counsel need not propose instructions concerning matters within the scope of the court's standard instructions unless they intend to object to one of those standard instructions. A copy of the court's standard instructions has been provided to the parties following the trial confirmation hearing.

         As to all other jury instructions, the parties shall attempt to reach agreement, and file the agreed upon jury instructions with the court, designating them as such. Only if the parties, after a good faith effort, cannot agree upon specific instructions or verdict forms shall they file and serve their respective proposed disputed instructions, again, designating them as such. Counsel are directed that their specific proposed jury instructions, both agreed and disputed, shall be filed no later than 4:00 p.m. on May 17, 2017. As to any jury instructions offered, the proposing party shall also submit a sanitized copy in Microsoft Word format via email to: dadorders@caed.uscourts.gov.

         III. PROPOSED VOIR DIRE QUESTIONS AND VERDICT FORM

         The parties may file proposed voir dire questions no later than 4:00 p.m. on May 17, 2017. In addition, the government shall file a proposed verdict form. Any proposed voir dire questions and the proposed verdict form shall also be submitted in Microsoft Word format via email to: dadorders@caed.uscourts.gov.

         IV. MOTIONS IN LIMINE

         Motions in limine have already been filed by the parties. (Doc. Nos. 70, 71, 82.) For these motions in limine, the parties shall follow the briefing schedule in the court's prior order. (Doc. No. 84.) The briefing schedule with respect to the latest of those motions has been set by stipulation and order. (Doc. No. 84.) The court will advise the parties which motions it will resolve before the presentation of evidence following argument which will be heard May 8, 2017 at 10:00 a.m.

         V. EXHIBIT LIST AND WITNESS LIST

         The government shall, and the defendant may, file an exhibit list and a witness list (to include those reasonably anticipated to be called as rebuttal witnesses) no later than 4:00 p.m. on May 17, 2017. Exhibit lists shall also be submitted in Microsoft Word format via email to: dadorders@caed.uscourts.gov.

         All exhibits should be pre-marked with exhibit stickers provided by the court. The government's exhibits shall be numbered. Should the defendant elect to introduce exhibits at trial, such exhibits shall be designated by alphabetical letter. The parties may obtain exhibit stickers at the Clerk's Office, Suite 1501, located on the 1st floor of the courthouse. The parties are also ordered to confer after the trial confirmation hearing for the purpose of pre-marking exhibits. All joint exhibits must be pre-marked with numbers preceded by the designation JT/--(e.g., JT/1, JT/2).

         Counsel are to confer and make the following determination with respect to each proposed exhibit to be introduced into evidence, and to prepare separate indexes - one listing joint ...


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