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United States v. Hunter
United States District Court, D. Idaho
January 23, 2018
UNITED STATES OF AMERICA Plaintiff,
v.
ERIC COURTNEY HUNTER, Defendant.
PRETRIAL ORDER
B.
LYNN WINMILL, CHIEF JUDGE
NOW
THEREFORE IT IS HEREBY ORDERED that the following deadlines
and procedures shall govern the remainder of this litigation:
1. Trial Date: Trial is set for
Wednesday, January 31, 2018, at 1:30
p.m. in the Federal Courthouse in
Boise, Idaho. Beginning on day two,
trial shall begin at 8:30 a.m. and end at 2:30 p.m., with two
fifteen-minute breaks.
2. Pre-emptory Challenges: Pursuant to Fed.R.Crim.P.
24, the Government has 6 pre-emptory challenges and the
defendant has 10 pre-emptory challenges. In addition, the
parties will each have 1 pre-emptory challenge to the
alternate jurors.
3. Alternate Jurors: Pursuant to Fed.R.Crim.P. 24,
the Court will impanel 1 alternate juror.
4. Exhibit Lists, Witness Lists, Exhibits, Proposed Voir
Dire, Proposed Jury Instructions, Trial Briefs and Motions in
Limine: All exhibit lists, witness lists, proposed voir
dire, proposed jury instructions, trial briefs, and motions
in limine shall be filed with the Court on or before
Thursday, January 25, 2018. Because of the
use of electronic evidence presentation systems, it is
unnecessary to provide any copies to the Court. Counsel may
wish to have available in the courtroom a copy of any
exhibits which the Court may find difficult to review through
the evidence presentation system. The exhibit lists shall be
prepared on form provided by the Deputy Clerk, with
sufficient copies for the Judge, the Deputy Clerk, and the
Law Clerk. Exhibit numbers 1 through 999 shall be reserved
for joint exhibits; exhibit numbers 1000 through 1999 shall
be reserved for Government's exhibits; exhibit numbers
2000 through 2999 shall be reserved for the first defendant
listed on the caption; exhibit numbers 3000 through 3999
shall be reserved for the second defendant listed on the
caption; and so on. Counsel shall review their exhibits,
determine any duplication, and jointly mark and stipulate to
the admission of those exhibits that both sides intend to
offer and rely upon. The proposed jury instructions shall
follow the guidelines set out in Civil Local Rule 51.1 to the
extent it is not inconsistent with this Order. Additionally,
counsel shall provide a clean copy of the Jury Instructions
to the Court in Word Perfect format and emailed to
BLWorders@id.uscourts.gov.
5.
Trial Procedures:
a. The Court will generally control voir dire, and counsel
will be limited to 20-30 minutes. Counsel are cautioned not
to repeat questions already asked by the Court or other
counsel and are advised that the Court will not permit voir
dire which appears intended to influence the jury rather than
explore appropriate concerns with a juror's ability to be
fair and impartial.
b. Counsel shall exercise good faith in attempting to reach a
stipulation on undisputed facts and admission of exhibits.
c. During trial, the jury will be in the box hearing
testimony the entire trial day between 8:30 a.m. and 2:30
p.m., except for two standard fifteen-minute morning and
afternoon recesses.
d. During the time the jury is in the jury box, no argument,
beyond one-sentence evidentiary objections, shall be allowed
to interrupt the flow of testimony. Almost all objections
should be stated in one to three words
(“hearsay”, “asked & answered”,
“irrelevant”, etc.). If counsel have matters that
need to be resolved outside the presence of the jury, they
are to advise the Court and counsel prior to the issue
arising during trial so that it can be heard during a recess,
or before or after the jury convenes. Where the need for such
a hearing cannot be anticipated, the Court will direct the
examining counsel to avoid the objectionable subject and
continue on a different line of questioning so that the
objection can be argued and resolved at the next recess. To
avoid late-night sessions, counsel are advised to bring up
all anticipated evidentiary questions in their pretrial
briefs.
i. Examples of improper objections: “I object to that
question, Your Honor, because I am sure that Charlie Witness
did not read that document very carefully before he signed
it”; or, “I object, Your Honor, because Charlene
Witness has already testified that she can't
remember”. These “speaking objections”
would suggest an answer.
e. Counsel shall have enough witnesses ready to ensure a full
day of testimony. If witnesses are unavoidable delayed,
counsel shall promptly notify the court and opposing counsel.
f. When counsel announce the name of a witness called to
testify, the Court or the clerk will summon the witness
forward to be sworn, the clerk will administer the oath and,
after the witness is seated, ask the witness to state her or
his name and spell her or his last name for the record. I
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