UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

UNITED STATES OF AMERICA § 

 § 

VS. § CRIMINAL NO. 4:22-CR-036-Y 

 § 

JOSEPH MICHAEL DUPREE (01) § 

PRETRIAL AND SCHEDULING ORDER FOR CRIMINAL TRIAL 

All future pleadings filed in this cause shall contain the 

defendant number, as reflected above, in the style of the cause. 

Persistent failure to include the defendant number on future pleadings 

may result in the striking of the deficient pleading. 

1. This case is set for jury trial on April 18, 2022, at 1:30 

p.m.

2. A pretrial conference will be conducted in the courtroom on 

the fifth floor of the U.S. Courthouse, Fort Worth, Texas, on Thursday, 

April 14, 2022, at 3:00 p.m. The defendant, as well as his respective 

counsel, must be present at the conference. Each counsel must be 

prepared to inform the Court of any unresolved motions or issues and 

the status of any plea negotiations. 

3. All discovery in this cause requested pursuant to and 

required by Federal Rule of Criminal Procedure 16 must be completed 

within a reasonable time prior to trial. Absent a compelling excuse, 

any evidence for which production or disclosure was timely requested 

pursuant to and required by Rule 16 but not disclosed within a 

reasonable time prior to trial will not be admitted at trial. 

4. Except as provided in this paragraph, all pretrial motions 

must be filed no later than March 21, 2022. Defendant shall not file 

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any motion for, or to compel, discovery, disclosure, or production 

unless (i) Defendant has first made written request of the government 

for the desired discovery, disclosure, or production, which written 

request must specify a time and date prior to the motions deadline 

when discovery, disclosure, or production of the items is desired in 

the Fort Worth office of the U.S. attorney, and (ii) the government 

has failed to comply with the request. The government must respond in 

writing to any request made in accordance with this paragraph within 

seven (7) days of receiving the request. The government shall indicate 

either that the discovery will be allowed or the disclosure or 

production will be made as requested or that the request or portions 

thereof are objectionable, in which case the government must briefly 

state the legal basis for the government's objections. Lack of actual 

possession of an item by the government will not be accepted as a 

reason for non-production if the government can obtain possession of 

the item or, if copyable, a copy of the item upon the government's 

request. If the government does not comply with such request, 

defendant will be permitted to file a motion to compel or for discovery 

or disclosure. Any such motion must be accompanied by copies of any 

pertinent requests that were previously served by the movant and 

verification as to service of each such request and the results of the 

efforts to obtain the desired discovery, disclosure, or production 

pursuant to each such request. 

5. The government shall file a response to every pretrial motion 

filed by the defendant that is not ruled on before the government's 

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response to the motion is due. The government's response must indicate 

whether it is opposed to the motion and, if the motion is opposed, 

must include argument and authority in support of the government's 

opposition. If the government is prompted to file a pretrial motion 

by reason of a pretrial motion filed by the defendant, the government 

must file its motion within fourteen (14) days after Defendant’s motion 

is filed. 

6. Responses to any pretrial motion must be filed within 

fourteen (14) days after the motion is filed. See N.D.Tex.Crim.R. 

47.1(e). 

7. Before a party files a motion for continuance, he shall 

confer with counsel for all other parties concerning what dates each 

cannot be available for trial over the ensuing ninety-day period. The 

party's motion for continuance shall then set out those dates. 

Responses in opposition to a motion for continuance must be filed no 

later than two days after the motion is filed. 

8. All briefs filed with the Court shall comply with the most 

recent edition of The Bluebook: A Uniform System of Citation. 

Particularly, counsel are directed to provide, where applicable, the 

subsections of cited statutes, and to provide pinpoint citations when 

citing cases, i.e., provide the page where the stated legal proposition 

can be found. See The Bluebook: A Uniform System of Citation B10.1.2, 

at 13; B17.1.2, at 25; R. 3.2(a), at 73 (Columbia Law Review Ass'n. et 

al. eds., 21st ed. 2020) (regarding pinpoint citations and subsections, 

respectively). Furthermore, if a brief contains citations to 

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unpublished opinions or to LEXIS, counsel must attach copies of those 

cases to the brief. 

9. Pursuant to Local Criminal Rule 47.1, certificates of 

conference must address all parties, including co-defendants, affected 

by the requested relief. 

10. The government must file a written designation of its expert 

witnesses, if any, no later than March 11, 2022. Each defendant must 

file a written designation of his expert witnesses, if any, no later 

than March 16, 2022. Each designation must contain a brief statement 

of the subject matter to be covered by each expert witness. Any 

motions challenging these designations, including challenges under 

Fed. R. Evid. 702, must be filed by the deadline for filing pretrial 

motions established in this order.1

11. Northern District of Texas Local Criminal Rule 16.1(a) 

notwithstanding, a set of copies of all copyable exhibits that a party 

intends to offer at trial, except those offered solely for impeachment, 

must be bound in three-ring binders and exchanged with all other 

parties no later than the Thursday prior to trial; and a like set 

delivered to the courtroom at the time of jury selection. 

12. Each exhibit must be labeled prior to trial by a gummed label 

containing the identity of the offering party, the exhibit number, and 

the cause number. 

1 If a party expects to elicit testimony from a witness regarding street 

values of drugs, drug-distribution practices of individuals or groups, the 

meaning of words and phrases used by persons in the distribution of drugs, the 

meaning of drugs notes, gang activities and practices, and the like, that 

witness must be designated as an expert.

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13. Northern District of Texas Local Criminal Rule 16.1(b) 

notwithstanding, the parties must file with the clerk and deliver to 

all other parties and the court reporter, separate lists of exhibits 

and witnesses, except those offered solely for impeachment, no later 

than the Tuesday prior to trial.2 The witness lists to be filed by 

the parties must list all witnesses, including timely designated expert 

witnesses, the party may call at trial and contain a brief statement 

of the subject matter to be covered by each witness. Each party's 

exhibit list shall be in the same format as the Court's sample exhibit 

list, which is attached as Exhibit A to this order. 

14. The use of the second-floor courtroom, which is equipped 

with computer monitors that allow exhibits to be displayed by document 

camera, VCR, or computer, cannot be guaranteed because that courtroom 

is now assigned to the Honorable Reed O’Connor. Upon request from a 

party Judge Means will make every effort to secure the use of the 

second-floor courtroom for this trial, but a final decision as to which 

courtroom will be used (second floor or fifth floor--Room 501) cannot 

be made until between one and two weeks prior to trial. 

If the trial is assigned to the second-floor courtroom, whoever 

will be handling the documents for the parties must contact Brian 

Rebecek, Fort Worth division manager, U.S. District Clerk’s Office, at 

2

 No additions or substitutions to these lists may be made after the 

deadline without leave of Court. Additionally, if a party desires to make 

additions or substitutions to these lists after they are filed with the clerk, 

the party should file an amended list that entirely supersedes the original 

list, rather than simply filing a supplemental list naming only the additions 

and/or substitutions.

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817-850-6613 prior to any hearing or trial to schedule training on the 

electronic equipment. If any additional equipment is needed, notify 

Rebecek prior to trial to make arrangements for its passage by court 

security. Transcription and recording devices, except those employed 

by the Court's official reporter, are not permitted. 

15. Counsel for the government shall deliver to the Court and to 

defense counsel each evening (if not earlier) a list of witnesses he 

in good faith anticipates calling the next trial day. All Jencks Act 

material pertaining to each witness on the list should be delivered at 

the same time if it has not already been delivered pursuant to prior 

urgings of the Court. The Court strongly encourages the early 

production to defense counsel of any notes made by government agents 

regarding interviews with witnesses that the government expects to 

call to testify at trial. Also, at the close of each day's testimony, 

the government shall proffer in writing, in as close to verbatim form 

as possible, any statements that it expects to introduce on the next 

trial day pursuant to the following: 

a. Federal Rules of Evidence 801(d)(2)(A), to 

the extent that they involve potential 

Bruton problems; and 

b. Federal Rules of Evidence 801(d)(2)(E). 

The Court will hear objections thereto by defendant(s) either at that 

time or prior to the commencement of testimony the following day. 

16. The government shall file a proposed jury charge and verdict 

form with the clerk of the Court and serve a copy of it on opposing 

counsel no later than 4:00 p.m. on the Tuesday prior to the trial of 

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this cause. The proposed charge must have attached to it the following 

certification: 

I, (name of ass't. U.S. atty.), certify that 

I have carefully read the foregoing proposed 

charge of the Court and that it is, to the best 

of my knowledge and ability, free of error both 

in form and substance. 

_____________ __________________________ 

 Date Signature of attorney 

Any objections, proposed additions, or proposed substitutions to the 

government's proposed jury charge and verdict form must be filed with 

the clerk of the Court and served on opposing counsel no later than 

2:00 p.m. on the first day of trial and simultaneously emailed in Word 

or WordPerfect format to: Means_orders@txnd.uscourts.gov. If 

supplemental instructions become necessary due to the nature of the 

evidence produced at trial, they must be filed and served as soon as 

reasonably possible after the necessity of the supplemental 

instructions becomes apparent. If objections, proposed additions, or 

proposed substitutions to the government's charge are filed and served 

in a timely manner, counsel for all parties shall meet prior to or 

immediately after the close of the government's case in an attempt to 

resolve their differences regarding the jury charge. During this 

meeting, the parties shall compile a conformed jury charge that 

incorporates all agreements reached by the parties. For any portion 

of the conformed charge about which disagreement remains at the 

conclusion of the meeting, those portions that are requested by the 

government and objected to by the defense shall be underlined, and 

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those portions that are requested by the defense and objected to by 

the government shall be in boldface. The parties' conformed charge 

shall be filed with the clerk of the Court as soon as possible after 

the conclusion of the parties' meeting. The government shall bring a 

1.44 Mb/1.44 Mo computer diskette (use only Courier New 12 pitch and, 

if at all possible, use WordPerfect 7.0 or 9.0) containing the parties' 

conformed charge to the Court's briefing attorney at the charge 

conference. 

17. After the parties have closed, they shall meet for the 

purpose of preparing an agreed index of all exhibits admitted into 

evidence during the course of the trial. As to each admitted exhibit, 

the index must contain the exhibit number, the name of the offering 

party, the name of the sponsoring witness, and a description of the 

exhibit. The exhibit index must be delivered to the courtroom deputy 

for delivery to the jury at the commencement of deliberations. 

18. At the time the government calls a witness to testify at 

trial, counsel for the government shall state the count(s) of the 

indictment to which that particular witness's testimony will relate. 

19. Except in the case of a testifying defendant or government 

case agent, the counsel who calls a witness shall have no further 

discussions with that witness concerning any aspect of the case or his 

testimony after the witness has been tendered for cross-examination 

until such time as the witness has been tendered back for re-direct 

examination. 

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20. The parties shall provide to each witness no later than ten 

minutes prior to the commencement of the witness's testimony, a copy 

of Exhibit C to this order, which is entitled, "Instructions for 

Witnesses." 

21. The parties are hereby put on notice that Judge Means will 

take the bench promptly at the appointed time for each session without 

waiting until the clerk or courtroom security officer has called the 

roll or otherwise ascertained the presence of all necessary parties. 

If tardiness becomes a problem, appropriate fines will be imposed. 

22. Bench conferences must be kept to a minimum. Counsel must 

state the legal bases for their objections without elaboration or 

argument, unless invited. 

23. Objections to exhibits and testimony may occasionally be met 

with the following procedure: admission of the exhibit or the 

testimony with the understanding that the objection will be treated as 

a motion to strike, with a ruling on the motion expressly reserved to 

the end of the day's testimony when the matter may be fully discussed 

out of the hearing of the jury. An exhibit so treated will not be 

published to the jury until the motion to strike has been ruled on. 

24. Except for good cause shown, examination of witnesses will 

be limited to direct, cross, and redirect. Rule 611(b) of the Federal 

Rules of Evidence will be strictly enforced. 

25. The Court will discourage repetitive examination of a 

witness, whether on cross or direct, and will strongly admonish or 

sanction any counsel who wastes the time of his colleagues, the Court, 

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and the jury by failing to have witnesses present and prepared to 

testify; by hunting for or causing a witness to hunt for exhibits; by 

failing to have audio or video equipment tested, cued-up, and readyto-go; by failing to be timely in attendance; by attempting to argue 

the case or make a speech to the jury during an objection; or in any 

other manner. 

26. The parties shall carefully observe the rules of courtroom 

decorum that are attached as Exhibit B to this order. These rules are 

in addition to the Federal Rules of Criminal Procedure and the Local 

Rules of the Northern District of Texas. 

27. No later than one week prior to trial, the parties shall 

provide to the reporter a copy of the party's witness list and a 

glossary of all terms likely to be uttered on the record during the 

trial that are technical, scientific, medical, or otherwise uncommon. 

28. Entry into the spectator gallery of the courtroom will be 

permitted only before the call to order and during recesses. Anyone 

who leaves the gallery while Court is in session may not return until 

the Court declares a recess. 

29. Voir dire in this case will be conducted initially by the 

Court, with each party being allotted ten (10) minutes for 

supplementary voir dire. 

30. Jurors will be permitted to take notes during trial. The 

Court will issue preliminary instructions to the jurors containing 

appropriate warnings and instructions. 

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SIGNED February 15, 2022. 

 

 _________________________________ 

TERRY R. MEANS 

 UNITED STATES DISTRICT JUDGE 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

UNITED STATES OF AMERICA §  § VS. § CRIMINAL NO.  § JOHN DOE § 

DEFENDANT JOHN DOE'S EXHIBIT LIST 

EXHIBIT SPONSORING DESCRIPTION NUMBER WITNESS OF EXHIBIT IDENTIFIED OFFERED  1 Jane Doe Bill of Sale dtd 1/5/92 __________ __________  2 Sally Doe Contract dtd 1/9/92 __________ __________ 

EXHIBIT "A" 

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COURTROOM DECORUM 

UNITED STATES DISTRICT COURT 

Northern District of Texas 

Honorable Terry R. Means, Presiding 

(a) The requirements stated herein are not all-inclusive, but are intended to emphasize and supplement the ethical obligations of 

counsel under the Code of Professional Responsibility, the Local Rules of the Northern District of Texas (LR 83.16-83.18, 

LCrR 53.1-53.3), and the time-honored customs of experienced trial counsel. 

(b) When appearing in this Court, all counsel (including, where applicable, all persons at counsel table) shall abide by the 

following, unless excused by the presiding judge: 

(1) Stand as Court is opened, recessed, or adjourned. 

(2) Stand when the jury enters or retires from the courtroom. 

(3) Stand when addressing, or being addressed by, the Court. 

(4) Stand at the lectern while examining any witness, except that counsel may approach the clerk's desk or the witness 

for purposes of handling or tendering exhibits. 

(5) Stand at the lectern while making opening statements or closing arguments. 

(6) Address all remarks to the Court, not to opposing counsel. 

(7) Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any 

ill-feeling between the litigants or witnesses. 

(8) Refer to all persons, including witnesses, other counsel, and the parties by their surnames and not by their first or 

given names. 

(9) Only one attorney for each party may examine or cross examine each witness. The attorney stating objections, if 

any, during direct examination will be the attorney recognized for cross examination. 

(10) Any counsel who calls a witness shall have no further discussions with that witness concerning any aspect of the 

case or his testimony after the witness has been tendered for cross-examination until such time as the witness has 

been tendered back for re-direct examination. 

(11) Request permission before approaching the bench. 

(12) Any paper or exhibit not previously marked for identification must be marked before it is tendered to a witness for 

examination, and any exhibit offered in evidence must be handed to opposing counsel when offered. 

(13) In making objections counsel must state only the legal grounds for the objection and must withhold further comment 

or argument unless elaboration is requested by the Court. 

(14) When examining a witness, counsel may not repeat the answer given by the witness. 

(15) Offers of, or requests for, a stipulation must be made privately, not within the hearing of the jury. 

(16) In opening statements and in arguments to the jury, counsel may not express personal knowledge or opinion 

concerning any matter in issue (i.e., don’t say “I think” or “I believe,” etc.) and, may not read or purport to read from 

deposition or trial transcripts. 

(17) Counsel must admonish all persons at counsel table that gestures, facial expressions, audible comments, or the like, 

as manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely 

prohibited. 

(18) No one, including especially attorneys, parties, and witnesses, may bring food or drink (except bottled water) into 

the courtroom, nor may they chew gum. 

EXHIBIT "B" [Revised 7-10-12]

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INSTRUCTIONS FOR WITNESSES 

1. Speak slowly and distinctly. Don’t mumble. Enunciate clearly 

each word you speak. The courtroom is large and has a high 

ceiling, so it’s hard to be heard at times. 

2. The courtroom has a sound system, but if you get too close or 

too far away from the microphone, we may not be able to hear 

you. Listen to how you sound and adjust your distance from 

the microphone and the volume of your voice as needed to be 

clearly heard by everyone in the courtroom. 

3. Don’t let nervousness cause you to speak rapidly or fail to 

sound each syllable of your words. For example, if you were 

to say the word “syllable,” say “SILL-uh-bull” not “SILLbull.” Or if the word is “officer,” say “AW-fiss-ur,” not 

“AWF-sur.” Again, if the word is “composition,” say all four 

syllables (“com-po-ZIH-shun”). Don’t turn the word into a 

three-syllable word (“comp-ZIH-shun”). 

4. Let the attorney who is questioning you finish his question 

before you begin your answer. 

5. Pause a second between the end of the attorney’s questions 

and the beginning of your answers. This gives everyone a 

chance to think a little about what is being said. 

6. If you hear an objection to a question, do not give an answer 

until the judge rules on the objection. If you are unsure of 

whether to begin your answer or if by then you don’t remember 

the question, ask the judge to tell you what to do. He will 

gladly help you. 

EXHIBIT "C" 

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