UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

vs Criminal Action No: 15-20382

Honorable Victoria A. Roberts

PAUL NICOLETTI,

Defendants.

_________________________________________/

CRIMINAL TRIAL NOTICE AND STANDING ORDER RE: TRIAL

This Order is entered: (1) to eliminate unnecessary discovery motions; and (2)

to expedite the presentation of evidence and the examination of witnesses. If it is in

conflict with 99-AO-003, which you should familiarize yourself with, this Order

governs.

1. MOTIONS IN LIMINE cannot be filed after: 2/7/19

Without permission from the Court.

RESPONSES TO MOTIONS IN LIMINE due: 2/14/19

(See No. 5, Motion Requirements)

2. PRETRIAL CONFERENCE & HEARING ON MOTIONS IN LIMINE

(if necessary): to be set if necessary

3. DEADLINE FOR WITNESS LISTS, PROPOSED VOIR DIRE, JURY

INSTRUCTIONS, LIST OF EXHIBITS AND STIPULATION OF

METHOD FOR REMOVING ALTERNATE JURORS: 2/15/19

(See No. 8 re: Jury Instructions)

4. Jury Trial: Thursday, February 21, 2019 at 9:00 am

1. ATTORNEY CONFERENCE AND DISCLOSURE: Within ten (10)

days of the date of arraignment, government and defense counsel shall meet and

confer for the purpose of resolving or minimizing the issues in controversy. Upon

the request of defense counsel, government counsel shall:

(a) provide defense counsel with the information described in Federal

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Rules of Criminal Procedure 16(a)(1); and

(b) permit defense counsel to inspect, copy or photograph any

exculpatory/impeachment evidence within the meaning of Brady v Maryland, 373

U.S. 83 (l963), United States v Agurs, 427 U.S. 97 (l976), and Giglio v United

States, 405 U.S. 105 (l972). A list of such of evidence shall be prepared and signed

by all counsel. Copies of the items which have been disclosed shall be initialed or

otherwise marked. Nothing in this Order shall be construed to require the

disclosure of Jencks Act material prior to the time that its disclosure is required by

law. 

2. DISCLOSURE DECLINED: If, in the judgement of government

counsel, it would be detrimental to the government’s interests to make any of the

disclosures set forth in the paragraph above, such disclosure may be declined. Any

declination shall be confirmed in writing, with a copy provided to the Court. Any

defendant who seeks to challenge the declination shall move for relief immediately.

3. CONTINUING DUTY: This duty to disclose is continuing, even

throughout trial.

4. DISCOVERY BY THE GOVERNMENT: This Order is not designed to

preclude discovery by the government under the Federal Rules of Criminal

Procedure.

5. MOTION REQUIREMENTS: All briefs shall comply strictly with LR

7.1 (Statement of Issues, Statement of Controlling/Most Appropriate Authority),

and, in addition, must contain a Table of Contents, an Index of Authorities and an

Index of Exhibits. The Exhibits must be tabbed. LR 7.1(a) seeking concurrence

requirement and the format requirements as set forth in LR 5.1 must be strictly

adhered to. Relevant passages of exhibits must be highlighted on the

Judge’s courtesy copy.

6. EXHIBITS: 

(a) Pre-marking and Listing of Exhibits: All exhibits must be premarked and numbered/lettered consecutively. Plaintiff shall use numbers 1-500,

Defendant shall use numbers 501-1000. A list of proposed exhibits are to be

furnished to the Court by the above deadline. Actual copies of the exhibits shall be

furnished on the morning of trial. The Court will admit all exhibits not objected to. 

No further exhibits may be offered in the case except upon order of the Court for

good cause shown. 

(b) Foundation for Exhibits: When defense counsel has inspected an

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exhibit which the government intends to introduce in evidence, the foundation for

its receipt into evidence will be deemed established unless defense counsel files a

notice with the court at or before the Final Status Conference that the foundation

for admission into evidence of the exhibit will be contested.

(c) Objections to Exhibits: This Order shall not affect the right of a

defendant to object at the time of trial to the introduction of an exhibit other than

on the basis of foundation.

 (d) Scientific Analysis: When a defendant has been made aware of the

existence of the scientific analysis of an exhibit, the results of the analysis and the

opinion of the scientist will be admitted into evidence unless the defendant files a

notice with the court by the time of the Final Status Conference, that the scientific

analysis of the exhibit will be contested. Such notice shall state whether the expert

is desired as a witness.

7. WITNESS LIST: By the deadline established, and to enable the court to

better estimate the length of trial, each party shall provide the Court with a list of

witnesses, described by name and description, which it reasonably anticipates will

be called to testify at trial, noting the approximate amount of time the party

anticipates will be needed for examination of each witness. Law enforcement

witnesses must testify wearing street clothing - not uniforms.

8. JURY INSTRUCTIONS: By the deadline established, all agreed to

instructions must be submitted to the Court in duplicate. PLEASE NOTE: The

Court rarely departs from using Standard Jury Instructions, unless extraordinary

circumstances warrant the use of Non-Standard Jury Instructions.

If instructions are submitted other than those to which there is no disagreement,

counsel opposing the proposed instruction must state the basis for the objection and

relevant law.

A. To which there is no disagreement (including general jury

instructions);

B. Plaintiff(s) proposed; and

C. Defendant(s) proposed.

Instructions must not be on letterhead and must:

1. Each start on a separate page;

2. Be consecutively numbered;

3. Bear the case number; and

4. cite supporting authority.

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5. Must contain a Table of Contents and an Index

If the instruction is “standard” from some source, please indicate that source.

Near the end of trial, and when the instructions have been

agreed to and finalized, counsel must submit all jury

instructions from 8 A-C above, on one disc compatible with

Wordperfect 9 or Word. Hard, final copies must be provided as

well.

9. VOIR DIRE: In jury cases, the Court will conduct the initial voir dire. 

Counsel will be permitted to question prospective jurors. 

10. JUROR NOTE TAKING: Jurors will be allowed to take notes.

11. BENCH TRIAL: In bench trials, proposed findings of fact and

conclusions of law must be submitted on the first day of trial and can be amended

once all proofs are in.

12. CONTINUANCES: Continuances of trial dates or continuances during

trial will not be granted because of unavailability of witnesses. Please notify the

Court if Court intervention is necessary to secure witness attendance. Otherwise,

witnesses will be expected to be available when called.

FINAL STATUS CONFERENCE

At the Final Status Conference counsel must be prepared to discuss all

matters that will promote a fair and expeditious trial, including but not limited to:

• Anticipated evidentiary issues;

• Length of trial;

• Stipulations which may make it unnecessary to call foundation

witnesses;

• Stipulations which may make it unnecessary to prove facts that

are uncontested; and

• Stipulations which may make it unnecessary to admit certain

exhibits.

 s/ Victoria A. Roberts

United States District Judge

Dated: 12/18/18

(Rev. 4/11)

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