Pretrial Order as to Cortney Merritts: See document for details — USA v. Merritts (Dkt. 11, D.D.C.)

Record facts

U.S. District Court for the District of Columbia · No. 1:25-cr-00076-JMC · Doc. 11 · 2025-06-27 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLUMBIA 
 
 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
CORTNEY MERRITS, 
 
 
Defendant. 
 
 
 
Case No. 25-cr-76 (JMC) 
 
 
 
PRETRIAL ORDER 
In order to administer the trial of this case in a manner that is fair and just to the Parties 
and is consistent with the goal of completing the trial in the most efficient manner, it is hereby 
ORDERED that a pretrial conference will be held on December 5, 2025, at 11:00 AM in 
Courtroom 3. It is further 
ORDERED that the trial of this case will commence on January 12, 2026, at 9:30 AM 
in Courtroom 3. It is further 
ORDERED that any substantive motions are due by October 10, 2025. Oppositions are 
due by October 24, 2025, and Replies are due October 31, 2025. It is further  
ORDERED that the Government will notify Defendant of its intention to introduce any 
Federal Rule of Evidence 404(b) evidence not already disclosed by October 31, 2025. It is further 
ORDERED that the Government will make its expert disclosures to Defendants by 
September 19, 2025 and Defendants will make their expert disclosures to the Government by 
November 17, 2025. It is further 
ORDERED that any motions in limine are due by November 7, 2025. Oppositions are 
due by November 14, 2025. It is further 
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ORDERED that the Parties’ joint pretrial statement is due by November 14, 2025. In 
addition to filing the joint pretrial statement on the public docket, the Parties will submit a version 
of the statement in Microsoft Word format to Cobb_Chambers@dcd.uscourts.gov. The joint 
pretrial statement will include: 
a. Written statements (i) by the Government setting forth the terms of any plea offer 
made to Defendant and the date such offer was made and lapsed; and (ii) by Defense 
Counsel indicating (1) the dates on which the terms of any plea offer were 
communicated to Defendant and rejected, see Missouri v. Frye, 566 U.S. 134, 145 
(2012) (“[D]efense counsel has the duty to communicate formal offers from the 
prosecution to accept a plea on terms and conditions that may be favorable to the 
accused.”), and (2) the potential sentencing exposure communicated by the Defense 
Counsel to Defendant and the date on which such communication occurred, see 
United States v. Rashad, 331 F.3d 908, 912 (D.C. Cir. 2003); 
b. A one-paragraph joint statement of the case for the Court to read to prospective 
jurors; 
c. Proposed voir dire questions that include: 
i. the voir dire questions on which the Parties agree; and 
ii. the voir dire questions on which the Parties disagree, with specific 
objections noted below each disputed question and supporting legal 
authority (if any); 
d. The text of proposed jury instructions, which are formatted so that each instruction 
begins on a new page, and indicating: 
i. the instructions on which the Parties agree; 
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ii. the instructions on which the Parties disagree, with specific objections noted 
below each disputed instruction and supporting legal authority (if any); and 
the proposed instruction’s source (e.g., the Red Book, Matthew Bender’s 
Federal Jury Instructions) or, for modified or new instructions, its 
supporting legal authority; 
e. A list of expert witnesses, accompanied by a brief description of each witness’s 
area of expertise and expected testimony, followed by specific objections (if any) 
to each witness; 
f. A list of prior convictions that the Government intends to use for impeachment or 
any other purpose, followed by specific objections (if any) to that use; 
g. Lists of exhibits that the Parties intend to use during their cases-in-chief, with a 
brief description of each exhibit, followed by specific objections (if any) to each 
exhibit;    
h. Any stipulations executed or anticipated to be executed; 
i. A proposed verdict form that includes a date and signature line for the jury 
foreperson, as well as proposed special interrogatories (if any); and 
j. A proposed schedule for the Parties’ exchange of witness lists and Jencks Act 
material, including when such lists will be provided to the Court. 
It is further ORDERED that the Parties will exchange exhibit lists, which they are required 
to provide with their joint pretrial statement, by October 31, 2025. The lists will consist of all 
exhibits that the Parties intend to use in their cases-in-chief. The Parties will exchange objections 
to the admissibility of exhibits to the extent practicable by November 7, 2025, and will confer in 
an effort to narrow the objections before filing the joint pretrial statement. The Parties shall confer 
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to agree upon dates for the exchange of other materials required by the joint pretrial statement 
(e.g., voir dire questions and proposed jury instructions) sufficiently in advance of the filing 
deadline to allow the Parties to note any objections and confer in an effort to narrow objections. 
All exhibits are to be marked in advance of trial and listed in order on the exhibit form obtained 
from the Courtroom Deputy Clerk. The Parties shall provide an electronic copy of the exhibits at 
any point prior to the trial date. The Court may request copies of specific exhibits prior to the 
pretrial conference if necessary to resolve the Parties’ objections. It is further 
ORDERED that the Government is under a continuing and ongoing obligation to provide 
Defense Counsel any favorable or exculpatory information (Brady), whether or not admissible in 
evidence. Brady information must be disclosed on a rolling basis—“the duty to disclose is 
ongoing.” Pennsylvania v. Ritchie, 480 U.S. 39, 60 (1987). To the extent it has not already done 
so, the Government must disclose information that may be useful for impeachment or may 
otherwise affect the credibility of any Government witness (Giglio)—including Lewis material—
on or before November 7, 2025. See United States v. Celis, 608 F.3d 818, 835–36 (D.C. Cir. 2010). 
Giglio obligations are also ongoing. 
SO ORDERED.  
 
            
 
 
 
 
 
__________________________ 
 
 
 
 
 
 
 
JIA M. COBB 
 
 
 
 
 
 
 
United States District Judge 
 
Date: June 27, 2025 
 
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