Court filing
Order re Criminal Proceedings for cases assigned to Judge Josephine L. Staton — USA v. Turk (Dkt. 12, C.D. Cal.)
Filed June 1, 2022 in USA v. Turk; one of 17 filings from this case.
Record facts
| Court | U.S. District Court for the Central District of California |
|---|---|
| Filed | 2022-06-01 |
U.S. District Court for the Central District of California · No. 8:22-cr-00061-JLS · Doc. 12 · 2022-06-01 · Docket on CourtListener
Full text
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
BERNARD TURK
Defendant(s).
CASE NO: 8:22−cr−00061−JLS
ORDER RE CRIMINAL
PROCEEDINGS
The above matter is set for trial before the Honorable Josephine L. Staton,
United States District Judge, Courtroom 10A, Ronald Reagan Federal Building and
United States Courthouse, 411 West Fourth Street, Santa Ana, CA 92701. Counsel
preparing for trial before this Court shall comply with this Order. Failure to comply
with this Order may subject counsel to sanctions.
Judge Staton’s Procedures web page is incorporated in this Order.
The parties and counsel are ORDERED to review and comply with the
Court’s applicable procedures and notices, which may be accessed at:
http://www.cacd.uscourts.gov/honorable-josephine-l-staton
\\\
\\\
www.cacd.uscourts.gov
1
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 1 of 6 Page ID #:47
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION PRACTICE
1. Conference of counsel. No fewer than three days prior to the filing
of any criminal motion, counsel must confer to determine whether the parties are in
agreement regarding the issue(s) to be presented to the Court, and to determine if
the scope of issue(s) to be presented to the Court can be narrowed. In the notice of
motion, the moving party shall report to the Court that counsel conferred regarding
the substance of the motion.
2. Limitations on Briefing. Memoranda of points and authorities in
support of or in opposition to motions shall not exceed twenty-five (25) pages.
Replies shall not exceed twelve (12) pages. Only in rare instances and for good
cause shown will the Court grant an application to extend these page limitations.
No supplemental briefs may be filed without prior leave of court.
3. Hearing Time Estimates Required. For all motions, counsel’s
estimate of the time required for presentation of the motion must be set forth
adjacent to the caption. Opposition briefs shall also set forth a time estimate.
4. Hearing Date(s) for Pretrial Criminal Motions. Counsel are
encouraged to file their pretrial motions as early as feasible. At the latest, all
pretrial motions in criminal cases, including motions in limine, must be noticed
for hearing at the pretrial status conference, which is set by the Courtroom Deputy
Clerk for the Friday morning eleven (11) days in advance of trial. However, pretrial
motions may be heard at an earlier date. For all motions to be heard prior to the
pretrial status conference, counsel shall contact the Courtroom Deputy Clerk in
advance to clear a date and time for the hearing.
5. Briefing Schedule for Pretrial Motions. The briefing schedule shall
be that specified in Local Rule 6, which requires that motions be filed no fewer
than twenty-eight (28) days in advance of the hearing, and that opposition and
reply briefs be filed twenty-one (21) and fourteen (14) days in advance of the
hearing, respectively.
www.cacd.uscourts.gov
2
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 2 of 6 Page ID #:48
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6. Discovery Motions. Before filing any motion for discovery, a party
shall consult with opposing counsel to ascertain whether the requested discovery
will be provided. All discovery motions shall state with particularity what is
requested, the basis for the request, whether the discovery has been requested from
opposing counsel, and whether the discovery has been declined, in whole or in part.
Motions made without prior consultation with opposing counsel or that fail to
include the above information may be stricken.
DISCOVERY AND NOTICE
7. Duty to Produce and Disclose. Counsel for the government and
counsel for the defendant shall comply promptly with discovery and notice
pursuant to Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 15 and 16.
Upon government counsel’s discovery of any evidence within the scope of Brady v.
Maryland, 373 U.S. 83 (1963), such evidence shall be produced forthwith to
counsel for the defendant. Counsel for the government shall also disclose to
counsel for the defendant the existence or non-existence of: (1) evidence obtained
by electronic surveillance; and (2) testimony by a government informant.
TRIAL
8. Trial Schedule. Trials will commence on Tuesday and continue on
Wednesday and Thursday. If the trial is more than 3 days, it will continue Monday
through Thursday until completed. Trial hours are from 9:00 a.m. to 12:00 p.m.,
and 1:30 p.m. to 4:30 p.m., with a 15-minute break during each session. All
counsel shall arrive at the Courtroom at 8:30 a.m. on the first day of trial.
9. Government’s Witness List, Exhibit List, and Exhibits.
Government counsel shall provide the Courtroom Deputy Clerk with the
following:
a. Five copies of the government’s witness list;
b. Five copies of the government’s exhibit list;
c. The government’s original exhibits, which may be in binders or
www.cacd.uscourts.gov
3
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 3 of 6 Page ID #:49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
placed in individual folders;
d. Two binders properly marked containing copies of all
reproducible exhibits, separated by divider tabs containing exhibit numbers.
10. Defense Witness List and Exhibits. Defense counsel need not
deliver their exhibits to the Courtroom Deputy Clerk on the first day of trial;
however, defense counsel is responsible for affixing completed exhibit tags to the
original of each exhibit they intend to introduce during the trial, and for providing
the Courtroom Deputy Clerk with two copies of each exhibit. If defense counsel
intends to call witnesses other than the defendant, five copies of defendant’s
witness list shall be provided to the Courtroom Deputy Clerk prior to the start of
defendant’s case.
11. Exhibit Tags. All exhibits presented to the Court by either side shall
have the Court’s official exhibit tags attached to the lower right-hand corner of the
first page of each exhibit. All exhibits longer than one page shall be internally
paginated in the lower right-hand corner.
12. Voir Dire. At least four (4) court days prior to trial, each counsel
shall file and serve on opposing counsel any special questions requested to be put
to prospective jurors by the Court during voir dire.
13. Jury Instructions and Verdict Forms. In a jury trial, no later than
one (1) week before trial, counsel shall submit JOINT jury instructions and a
JOINT proposed verdict form (if a special verdict is desired). In order to prepare
these joint documents, counsel shall meet and confer sufficiently in advance of the
required submission date with the goal of agreeing upon instructions and a verdict
form. The instructions should be submitted in the order in which the parties wish
to have the instructions read. This order should reflect a single organized sequence
agreed to by all of the parties.
The jury instructions shall be submitted as follows:
a. Agreed upon JOINT jury instructions;
www.cacd.uscourts.gov
4
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 4 of 6 Page ID #:50
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
b. Instructions propounded by the government to which the
defendant(s) objects; and
c. Instructions propounded by defendant(s) to which the
government objects.
Instructions upon which agreement cannot be reached should reflect the
basic disagreements among the parties as to the law. Counsel shall include both
general and substantive instructions. In addition, counsel must email all proposed
instructions in Microsoft Word format to the Court at the following email address:
JLS_Chambers@cacd.uscourts.gov.
Attribution and case citation for each instruction should be placed on pages
following a proposed instruction. For disputed instructions, a party should note its
objections to a proposed instruction and its reasons for putting forth its alternative
on pages placed after its own alternative instruction.
SENTENCING PROCEEDINGS
14. If a defendant is convicted, the sentencing proceedings will be
conducted pursuant to Federal Rule of Criminal Procedure 32 and the Local Rules.
If any party wishes to present material to the Court which has (a) not been
previously filed with the Court or presented at trial, or (b) not been previously
provided to the opposing party and the assigned United States Probation Officer,
such party must file and serve the information or evidence no later than two
(2) weeks before the scheduled sentencing hearing.
Notwithstanding the foregoing, a statement of each party’s position
concerning sentencing shall be filed and served no later than two (2) weeks before
the sentencing hearing, and the proof of service shall reflect service on the
assigned United States Probation Officer. Timely filing is important to enable the
Probation Officer sufficient time to prepare and disclose any addendum to the
Probation Report that may be required in response to new information and/or
evidence and/or a party’s sentencing position. Failure to timely file and serve such
www.cacd.uscourts.gov
5
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 5 of 6 Page ID #:51
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
information, evidence, or statement of position may result in such information not
being considered by the Court in imposing defendant’s sentence.
IT IS SO ORDERED.
Dated: June 1, 2022
JOSEPHINE L. STATON
United States District Judge
Revised: March 31, 2017
www.cacd.uscourts.gov
6
jls_chambers@cacd.uscourts.gov
Case 8:22-cr-00061-JLS Document 12 Filed 06/01/22 Page 6 of 6 Page ID #:52File and source
- File
- gov.uscourts.cacd.851721.12.0.pdf
- Size
- 29,881 bytes
- SHA-256
- 9527887f97b87b951462a5421d4e875e626917b2908eb43def669ffe9c9a1544
- Original
- PACER (login required)