United States District Court, D. Idaho
CASE MANAGEMENT ORDER
Lynn Winmill, U.S. District Court Judge.
a conference held with all counsel on March 22, 2019, and
finding good cause therefore, the following schedule shall
govern this case:
Deadline for Exhibit & Witness
Lists: April 3, 2019;
Deadline for Demonstrative
Exhibits: April 11, 2019;
Deadline for Jury Instructions/Voir
Dire: April 17, 2019;
Deadline for Trial Briefs: April
Pretrial Conference: April 17,
2019, at 3:00 pm. The conference shall be in-person unless
special arrangements need to be made to appear by telephone.
This conference will cover only the trial on the claims of
Doe IV and XVIII - it will not involve the claims by Doe XII.
Jury Selection: The Court intends
to have the jury pool report on Friday May 3, 2019, at 9:00
a.m. for orientation and to answer a Questionnaire regarding
their qualifications and other matters regarding the trial of
Doe IV and XVIII. A Magistrate Judge shall preside and
administer the oath to the jurors before they answer the
Questionnaire. The attorneys shall not attend this
proceeding. When the jurors have completed the Questionnaire,
they will be sent home and told to report back Monday morning
(May 6, 2019) at 8:30 am. The Court would intend for the
attorneys to meet in the afternoon of May 3, 2019, to review
the Questionnaire answers and attempt to agree to any jurors
who should be excused for cause. If there are any
disagreements, the Court will be available by telephone on
May 3, 2019, to resolve those disputes. By the end of the day
of May 3, 2019, the Court should be able to approve those
jurors to be excused for cause on the basis of the
Questionnaire answers and the Jury Administrator could call
them and avoid their having to report the next week. Trial
would begin on Monday May 6, 2019, at 9:00 am with jury
selection. This process will not prevent attorneys from
making additional for-cause objections during jury selection
the week of May 6, 2019.
Jury Selection & Trial: As
discussed above, jury selection shall begin Monday May 6,
2019, at 9:00 a.m., with trial on the claims of Doe IV and
Doe XVIII to follow immediately upon selection of a jury.
Inquiry into Religion during Jury
Selection: Counsel shall attempt to reach
agreement on whether and to what extent prospective jurors
can be asked about their religious affiliation during voir
Number of Jurors to be Empaneled:
The Court will empanel 8 jurors to try the case. There are no
alternates - the jury verdict must be unanimous.
Peremptory Challenges: Under 28
U.S.C. § 1870, each party is entitled to three
Typical Trial Day: Trial will be
conducted from 8:30 am to 2:30 pm, with two breaks (about 15
to 20 minutes each) at about 10:30 am and 12:30 pm.
Time Limits on Voir Dire: Each
party will get 20 ...