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Criminal Trials

The Court does not require the submission of trial briefs in criminal cases. The Court requires the Government to submit a witness list which is disclosed to the jury during voir dire. The Court does not require a witness list from the defense. The Court generally urges the Government to disclose Jencks materials in advance of trial. The Court has a general procedure for handling multi-defendant criminal "mega trials". The allocation of peremptory challenges is handled on a case-by-case basis. The Court will not usually permit jury questionnaires to be submitted to the venire in advance of jury selection. An attorney may not exercise several peremptories at one time. If all parties pass, a party may not then choose to exercise a remaining peremptory.

The Court may agree to follow counsel's stipulation as to manner in which peremptory challenges may be exercised. Disputes between the Government and defense counsel regarding proposed jury instructions are generally resolved, initially by a conference with the law clerk, then remaining objections are resolved by the Court, usually on the record. The Court follows the same jury selection procedures in criminal trials. The Court discourages bench conferences during trial.


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