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Criminal Trials

The Court will require submission of a brief in criminal trials one week before trial unless specifically authorized (see Standing Order). The Court requires only that the Government submit a witness list in criminal trials; and in jury trials, the list 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 the trial. For multi-defendant criminal cases (i.e. mega trials), the Court will sit down with attorneys and work out procedure. In such trials, the Court will allocate peremptory challenges depending on, inter alia, commonality of defenses and jury utilization. In multiple defendant cases, the Court will give more than ten (10) challenges to the defendants, but less than ten per defendant. The Court will occasionally permit jury questionnaires to be submitted to the venire in advance of jury selection for counsels' use in exercising challenges for cause. Typically, disputes between the Government and defense counsel regarding proposed jury instructions are resolved by conferences in chambers. If the parties cannot resolve their disputes, a conference is then scheduled for the Judge's chambers. After conference, objections are then noted on the record. The Court encourages bench conferences during trial.

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