United States District Court, E.D. Michigan, Southern Division
ORDER AMENDING STANDING ORDER FOR DISCOVERY AND
INSPECTION IN CRIMINAL CASES; AND GIVING NOTICE OF CERTAIN
PRETRIAL AND TRIAL PRACTICES
H. CLELAND UNITED STATES DISTRICT JUDGE
court finds that certain amendments to Administrative Order
No. 03-AO-027 governing trial preparation will better assist
in the effective administration of this case.
IS HEREBY ORDERED that Administrative Order No.
03-AO-027 is amended in certain respects in this case as
stated in Appendix 1 to this Order. Counsels' trial
preparation shall be consistent with this court's
amendments to that Administrative Order. Counsel shall also
take notice of the court's intended practices, outlined
in Appendix 2 to this Order, concerning pretrial, voir dire,
jury selection, trial practices, final pretrial and guilty
plea cutoff, and sentencing. For further information counsel
may visit <http://www.mied.uscourts.gov > Judges
> District Judges > Judge Robert H. Cleland >
TO STANDING ADMINISTRATIVE ORDER 03-AO-027 ON CRIMINAL
references in this Appendix to "section" numbers
are to the sections of the Standing Order.
Section 5(a) (MARKING OF EXHIBITS):
shall be pre-marked and designated as:
government exhibits beginning with "101"
and defendant's exhibits beginning with
"501." Counsel may discuss and recommend
to the court before trial a reasonable alteration to the
numbering system described.
list required under Section 5(a) of the Standing Order should
be submitted not later than the morning of jury selection.
Counsel for the government is urged to make reasonable
efforts to reach agreement with other counsel concerning the
admissibility of each intended physical exhibit. In the event
such agreement is reached, a list of such exhibits is to be
prepared by government counsel for entry at the opening of
trial, and the exhibits will be considered admitted at the
Sections 5(b), 6 and 7 (OBJECTIONS TO
event defense counsel chooses to file a notice of intent to
contest foundation, chain-of-custody or scientific analysis,
such notice shall be filed not later than 7 days
before trial. Unless such items or possible exhibits
are unusually voluminous, the notice shall provide a brief
exhibit-by-exhibit or item-by-item description of the good
faith basis for any such objection. A blanket statement
saying no more than "defendant contests the
foundation" is not sufficient. The statement of the good
faith basis for any objection may be ex parte if in
the opinion of counsel there is a reasonable basis for doing
event that such items or possible exhibits are unusually
voluminous, counsel for the defense shall, as early as is
possible, give notice to the court and the government of any
difficulty expected in providing the specific objections
required herein, and seek assistance -first of the
government, then of the court- in resolving the matter.
Section 10 (JURY INSTRUCTIONS):
for the government is directed to draft proposed instructions
which identify the elements of the offense in the form of 6th
Circuit pattern instruction 2.02, and to draft any other
"non-standard" instruction requests. Counsel for
the defense shall also draft any "non-standard"
instructions intended to be requested. Other instructions may
be requested of the court by either party simply by reference
to pattern instruction number.
instructions proposed by the government, and proposed special
instructions by both counsel shall be circulated among
counsel with a reasonable opportunity given for reaction and
possible stipulation. All such drafting and reaction shall be
concluded in time for submission of stipulated and requested
instructions before the jury selection is