United States District Court

For the Northern District of California

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

 v.

CARMEN GARCIA,

Defendant. /

No. CR- 09-0570 MMC

ORDER FOR CRIMINAL

PRETRIAL PREPARATION

Good cause appearing, IT IS HEREBY ORDERED that:

TRIAL:

Trial will begin on MONDAY, July 26, 2010, at 9:00 a.m. Estimated length of trial

is 6 to 7 days.

DISCOVERY:

By the close of business, THURSDAY, May 20, 2010, the parties will exchange the

information, documents and tangible objects authorized by 

Fed. R. Crim. P. 16. Additional discovery shall be by motion accompanied by affidavits setting

forth the unusual circumstances justifying discovery beyond the limits of Fed. R. Crim. P. 16.

PRIOR TO FILING ANY DISCOVERY-RELATED MOTIONS, COUNSEL SHALL:

1. Meet and confer with opposing counsel, and

2. File a declaration, under penalty of perjury, that counsel has conferred with 

opposing counsel with respect to each and every issue on an informal basis. Said declaration may be

filed contemporaneously with the motion. If no such declaration is filed, the Court will return the

motion papers to counsel.

Case 3:09-cr-00570-MMC Document 14 Filed 02/26/10 Page 1 of 4
United States District Court

For the Northern District of California

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

MOTIONS:

All motions other than motions in limine will be heard on WEDNESDAY, June 30,

2010, at 2:30 p.m. Motions, affidavits and memoranda shall be served, filed and an extra copy

lodged with the Court by the moving party by June 2, 2010. Any opposition shall be filed and an

extra copy lodged with the Court by June 16, 2010. Any reply shall be filed and an extra copy

lodged with the court by June 23, 2010. Motions in limine shall be filed and lodged by June 30,

2010 and any opposition thereto shall be filed and lodged by July 6, 2010.

PRETRIAL CONFERENCE:

A Pretrial Conference will be held on TUESDAY, July 13, 2010, at 3:00 p.m. At

the Pretrial Conference the parties shall be prepared to discuss the matters set forth in Crim.L.R. 

17.1-1(b).

PRETRIAL PREPARATION:

Not less than five court 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 lodge a proposed form of verdict on pleading paper containing no 

reference to the party submitting it;

(4) Serve and lodge 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 (see attached form) of those exhibits. Each exhibit shall be premarked (see 

attached tags); generally the government shall use numbers, the defendant letters.

Not less than five court 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.

Case 3:09-cr-00570-MMC Document 14 Filed 02/26/10 Page 2 of 4
United States District Court

For the Northern District of California

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

JURY INSTRUCTIONS:

All proposed jury instructions and any objections thereto are to be served and

submitted with the pretrial filings.

In advance of the pretrial filings the parties shall do the following:

(1) Meet and confer and resolve all jury instructions to the extent possible. 

Parties are expected to resolve technical or semantic differences.

(2) Prepare one joint set of instructions upon which the parties agree.

(3) The parties shall submit separately only those instructions upon which there is

substantive disagreement. Each separate instruction shall note on its face the identity of the 

party submitting such instruction. The party or parties objecting to an instruction shall file a

written objection. The form of the objection shall be as follows:

(a) Set forth in full the instruction to which the objection is made;

(b) Provide concise argument and citation to authority explaining why the

instruction is improper.

( c) Set forth in full an alternative instruction, if any;

(4) An original and two copies of the agreed-upon joint instructions, separate 

instructions and objections shall be filed on or before the date for filing the joint pretrial

statement and other pretrial materials.

(5) All instructions should be concise, understandable and neutral statements of

law. Argumentative instructions will not be given and should not be submitted.

(6) Any modifications of instructions from Ninth Circuit Model Jury Instructions,

Devitt and Blackmar, or other form instructions must identify the modifications made to the

original form instruction and the authority supporting the modification.

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.

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.

Case 3:09-cr-00570-MMC Document 14 Filed 02/26/10 Page 3 of 4
United States District Court

For the Northern District of California

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

4

EXHIBITS:

Each party is responsible for their exhibits. Upon the conclusion of the trial, each

party shall retain their exhibits. Should an appeal be taken, it is the party’s responsibility to make

arrangements with the clerk of the Court to file the record on appeal.

IT IS SO ORDERED.

Dated: February 25, 2010 

MAXINE M. CHESNEY

UNITED STATES DISTRICT JUDGE

Case 3:09-cr-00570-MMC Document 14 Filed 02/26/10 Page 4 of 4