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United States v. Rodriguez-Cisneros

United States District Court, D. Nebraska

April 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
SABAS RODRIGUEZ-CISNEROS, Defendant.

          TRIAL ORDER

          John M. Gerrard Chief United States District Judge.

         IT IS ORDERED:

         1. The parties' Joint Motion to Continue Jury Trial (filing 22) is granted.

         2. The above-captioned criminal case is set for a jury trial before the undersigned judge in Courtroom 1, Robert V. Denney Federal Building, 100 Centennial Mall North, Lincoln, NE, commencing at 9:15 a.m. on Monday, April 29, 2019, or as soon thereafter as the case may be called, for a duration of 4 trial days.

         3. The ends of justice served by granting the motion to continue outweigh the interests of the public and the defendant in a speedy trial. See18 U.S.C. § 3161(h)(7)(A).

         4. The filing, briefing, and hearing of pretrial motions, including ex parte motions and applications, shall be governed by NECrimR 12.1 to 12.6. Motions shall be filed on or before Monday, April 22, 2019. Counsel must immediately notify the Court of any pretrial motion requiring an evidentiary hearing outside the presence of the jury.

         5. Counsel shall inform the Court that a defendant has elected to change his or her plea within 5 days before trial or as soon as practicable.

         6. The plaintiff shall file and serve on opposing counsel on or before Wednesday, April 24, 2019, as appropriate, all proposed jury instructions, trial briefs, suggested verdict forms, and witness lists. In particular, the plaintiff's witness list shall include the full name and address of each witness whom the party may call to testify at trial.

         7. The defendant is also encouraged to provide the Court, on or before Wednesday, April 24, 2019, proposed jury instructions and a trial brief. Any materials so submitted shall not be disclosed to the plaintiff unless the defendant specifies otherwise.

         8. Exhibits must be listed before trial on exhibit forms available from the Clerk's office or on the Court's external web page at http://www.ned.uscourts.gov/forms. The exhibits should be numbered as provided by NECrimR 12.7.

         9. The courtroom deputy will take custody of the exhibits after they are received by the Court.

         10. Parties shall deliver to the Court, on or before Wednesday, April 24, 2019, trial copies of all exhibits in a three-ring binder organized for use by dividers or tabs. Exhibits provided by the defendant shall not be disclosed to the plaintiff unless the defendant specifies otherwise.

         11. If a party will use a deposition at trial, the proponent must supply the Court with a copy of the deposition. If less than the whole deposition will be used, the copy must highlight the portions to be introduced. The proponent must also supply the Court with a list or index identifying by page and line the portions to be introduced. If a party objects to the introduction of deposition testimony, that party must supply the Court with a list specifying the precise nature of each objection and identifying its location by page and line.

         12. If a party intends to use testimony in a videotaped deposition and the opponent objects to any portion of it, the proponent must supply the Court with a transcript of the testimony from the deposition. The transcript must highlight the portions of the testimony to be introduced. The proponent must also supply the Court with a list or index identifying by page and line in the transcript the portions to be introduced. If a party objects to the introduction of videotaped deposition testimony, that party must ...


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