Trial Scheduling Order - Page 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

UNITED STATES OF AMERICA §

§

v. § Criminal No: 3:22-CR-00228-L

§

DEMONTRE ANTWON HACKWORTH §

CRIMINAL TRIAL SCHEDULING ORDER

Motion Deadline: July 5, 2022, at 4:00 p.m.

Motion Response Deadline: July 19, 2022, at 4:00 p.m.

Replies: No replies to any motion may be filed without leave of court.

Trial Setting: Monday, August 22, 2022, at 9:00 a.m.

The court’s response-to-motion deadline is the date listed only if the motion is filed on the 

motion deadline; otherwise, the response should be filed in accordance with the court’s Local 

Rules of Criminal Procedure.

Counsel and their staffs are directed to read this order before contacting the court for 

information. This order contains basic information that addresses many of the inquiries 

received by the court. Questions concerning this order may be addressed to the courtroom 

deputy (214) 753-2368.

Application of Rules

1. The parties shall comply with the Federal Rules of Criminal Procedure and the local

criminal rules of this court. If the court, by order entered in this case, has modified the 

application of a Federal Rule of Criminal Procedure or a local criminal rule, the court’s 

order governs.

Pretrial Motions and Plea Papers

2. Pursuant to Fed. R. Crim. P. 12(c), all pretrial motions, notices, requests, and demands 

shall be filed no later than the motion deadline set forth above. Motion practice is 

governed by LCrR 47.1 and 47.2. The court will not conduct a hearing on a motion unless 

a hearing is required by law or by rule. 

Both the Government and Defense often file “form” motions and “form” responses. This 

practice is not acceptable to the court. The court will not entertain “form” motions or 

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“form” responses. The motions must be tailored to the specific facts and issues in the 

case. The motion and response must fully engage the issues raised by the case. 

1. Motions in limine must not be filed as a matter of course and, if filed, must be limited to 

matters that meet the following requirements: (1) the matter cannot adequately be raised 

by trial objection without prejudice to the moving party and (2) the prejudice of mentioning 

the matter in the presence of the jury cannot be cured by an instruction from the court. 

Motions in limine must include neither “standard” or “boilerplate” requests not tailored to 

a case-specific matter, nor issues presented in order to obtain substantive rulings that 

should have been requested in advance of trial by appropriate motion. Motions in limine 

must be filed at least 21 days before the trial setting unless counsel, in the exercise of 

reasonable diligence, could not have known of the basis for the motion as of the motion 

deadline. If that narrow requirement is met, a motion in limine may be filed after the 

motion deadline, but it must include as the first section of the motion a detailed explanation 

of why counsel, in the exercise of reasonable diligence, could not have known of the basis 

for the motion as of the motion deadline.

In filing a motion in limine, a party is to file one motion with subparts relating to each 

matter that the party wants excluded or kept from the jury. A party is not to file a separate 

motion regarding each matter that such party wants the court to exclude or not mention 

before the jury.

2. Plea agreements and factual resumes must be submitted to the court by 12:00 p.m. on 

Wednesday before the criminal docket or the trial setting. If these documents are not 

submitted by this deadline, the case will not be on the court’s docket.

Trial Setting, Continuances, and Pretrial Conference

3. This case is set for trial on the date set forth above. When the term “trial setting” is used 

in this order, it means that date. 

4. If the trial setting is continued, the parties’ obligations to comply with unexpired deadlines 

governed by the date of the trial setting are extended so that they are governed by the date 

of the new trial setting. Unless the court orders otherwise, the continuance of a trial setting 

does not extend the motion deadline or any expired deadlines. 

5. If the court determines that a pretrial conference should be conducted before the date of the 

trial setting, it will notify counsel; otherwise, the court will conduct a pretrial conference 

on the date of the trial setting, prior to jury selection.

6. Counsel should be mindful that a last-minute trial cancellation inconveniences all the 

citizens who have come to serve as jurors and wastes taxpayer money. To avoid such a 

cancellation, counsel should complete plea negotiations well in advance of the date 

scheduled for trial. Additionally, counsel for Defendant must ensure that Defendant has 

appropriate court attire to wear on the day of trial. If Defendant is incarcerated, defense 

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counsel must ensure that appropriate court attire is either transported with Defendant from 

the prison facility or that such attire is made available to Defendant at the Marshals Service 

office shortly after Defendant arrives at the courthouse.

9. When a case is continued, a party may not file additional motions unless leave of the court 

is granted to do so, or the amended scheduling order sets a new date for the filing of 

motions.

10. Any person appearing in court must be properly attired. It is counsel’s duty to ensure 

that all persons appearing on behalf of or in connection with their client are 

appropriately attired and informed of this court rule. The court does not permit Tshirts, shorts of any kind, flip-flops, halter or tank tops, jogging or exercise attire, or 

sagging pants or jeans to be worn in the courtroom by any person. No person appearing 

in the courtroom, whether participant or spectator, may chew gum. Persons in violation 

of these rules will not be permitted in the courtroom.

Trial Materials and Pretrial Disclosures

11. The parties must comply with LCrR 16.1(a) at least 21 days before the trial setting. The 

parties must comply with LCrR 16.1(b) at least 21 days before the trial setting. 

12. Witness lists and exhibit lists must be prepared as separate documents. Exhibit lists must 

contain a brief description (e.g., lab report) of each exhibit, and must separately list each 

exhibit by the number that will be used at trial. Witness lists must separately list each 

witness and must separately identify expert witnesses.

13. Any exhibit that a party seeks to introduce must be properly marked, and copies of any 

such exhibit must be available to opposing counsel and the court. The original shall be 

provided to the court reporter. The court reporter will not mark exhibits for counsel, and 

the court will not permit the removal of attachments of one document to be used as exhibits 

during the course of a trial and other proceeding. If this procedure is not followed, the 

document will not be admitted into evidence.

14. Counsel must submit proposed voir dire questions, if any, at least 21 days before the trial 

setting. The court will conduct the principal voir dire. Unless counsel are otherwise 

notified, the court will permit one attorney per side to ask follow-up questions (a time limit 

of twenty minutes is usually imposed).

15. Objections to a party’s exhibits must be specific and filed at least 14 days before the trial 

setting. Any response to a party’s objections must be filed at least seven days before the 

trial setting. Further, the parties must meet, confer, and provide to the court in writing 

at least seven days prior to the trial setting, a list of all exhibits to which no objection 

is made as to admissibility.

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16. Counsel must submit requested jury instructions, in accordance with LCrR 30.1, at least 21

days before the trial setting.

17. The Government must inform the defense of the general nature of any evidence it intends 

to introduce pursuant to Federal Rule of Evidence 404(b) at least 21 days before the trial 

setting.

Presentation of Evidence

18. Unless leave of court is obtained, the court will limit the examination of each witness to 

direct examination, cross-examination, redirect examination, and recross-examination. In 

cases where the court deems it appropriate, the court will impose time limits on the 

presentation of evidence.

19. The court permits the use of summary witnesses to summarize voluminous writings, 

recordings, or photographs, as permitted by Fed. R. Evid. 1006. Except in extraordinary 

casesCsuch as those that are unusually complex or lengthyCthe court does not permit 

witnesses to summarize non-documentary evidence or to summarize the evidence that a 

party contends relates to particular counts charged in the indictment or to its theories of the 

case.

Trial Schedule and Conduct of Counsel

20. The court’s normal working hours during trial are 9:00 a.m. to 6:00 p.m., Monday 

through Friday. The court, however, usually reserves Monday afternoons for its biweekly 

criminal docket.

21. The conduct of counsel at trial is governed by LCrR 57.4. Unless counsel are already 

familiar with the content of this rule, they must read it prior to commencement of the trial.

It is so ordered this 15th day of June, 2022.

_________________________________

Sam A. Lindsay

United States District Judge

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