Notice to Counsel and Unrepresented Parties — Pre-Marking Exhibits (Judge Dalton, Document 187-2)

Summary

A Notice to Counsel and Unrepresented Parties from Judge Roy B. Dalton, Jr., United States District Court, Middle District of Florida, Orlando Division, titled Instructions Regarding Pre-Marking Exhibits, Preparation of Exhibit Lists, and Substitution of Exhibits, attached as Document 187-2 in Case 6:21-cr-00141-RBD-NWH. It directs the parties to prepare trial exhibit binders under Local Rule 3.07(a) and the Case Management and Scheduling Order, and to provide THREE (3) COPIES of the Exhibit List and Witness List to the Courtroom Deputy Clerk at the start of trial. It addresses substitute photographs of large exhibits under Local Rule 5.04 and exhibits in PDF format within 7 days following the conclusion of the trial, each not to exceed 10 MB.

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“Notice to Counsel and Unrepresented Parties — Pre-Marking Exhibits (Judge Dalton, Document 187-2).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-187-2-4280410c6c/, SHA-256 7153b9a5788503ecfb436af16c99fd7d8eb21265ced9e110106af5c89a96e109.

Full text

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Orlando Division
Judge Roy B. Dalton, Jr.

NOTICE TO COUNSEL and UNREPRESENTED PARTIES

Instructions Regarding Pre-Marking Exhibits, Preparation of
Exhibit Lists, and Substitution of Exhibits1

The parties shall prepare their trial exhibits in accordance with Local Rule 3.07(a), the
Case Management and Scheduling Order (“CMSO”), and the following instructions.

The parties shall prepare exhibit binders containing all of the exhibits that may be used
at trial. All exhibits to which no objection is pending and all exhibits that are stipulated
to shall be included in a joint exhibit binder (“Joint Exhibit Binder”). Thus, the Joint
Exhibit Binder will contain: (1) exhibits for use by both parties to which no objection is
pending; (2) exhibits for use by Plaintiff/Government to which Defendant does not
object; and (3) exhibits for use by Defendant to which Plaintiff/Government does not
object. Exhibits that are subject to an unresolved objection as to admissibility shall be
included in separate binders—one binder containing exhibits for the
Plaintiff/Government’s use (“Plaintiff/Government’s Exhibit Binder”) and one binder
containing exhibits for the Defendant’s use (“Defendant Exhibit Binder”). (See CMSO,
Part VII, B). The Joint Exhibit Binders should be white. Plaintiff/Government’s Exhibit
Binders should be black. Defendant’s Exhibit Binders should be a color that is
distinguishable from the white and black binders (e.g., purple or green).

The Court recognizes that the parties may choose not use all exhibits contained in the
binders. Those exhibits that the parties intend to offer at trial shall be designated “A”
exhibits (“A Exhibits”); those exhibits that the parties may offer at trial shall be
designated “B” exhibits (“B Exhibits”). The A Exhibits should be in the front of their
respective binders, followed by the B Exhibits. All exhibits in every binder shall be
numbered consecutively (with the A Exhibits numbered first). Example: A1, A2, A3, B4,
B5, B6).

The parties shall provide three sets of exhibit binders to the Court (exclusive of
counsels’ copies). One set shall be supplied to the Courtroom Deputy Clerk (“Official
Set”). The Official Set shall consist of the original exhibits that include appropriately
colored exhibit tags stapled to the upper right hand corner of the first page of the
exhibits. The exhibit tags are party-specific and are further explained below. A second
set of binders shall be supplied to the Judge, together with an index and matrix reflecting
any objections thereto for the Plaintiff/Government’s Exhibit Binder and the Defendant’s
Exhibit Binder (“Bench Set”). A third and final set shall be positioned in the Witness
Box at the outset of trial (“Witness Set”). The Bench and Witness Sets do not require
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the exhibits tags. However, counsel shall use numbered tabs to tab out the exhibits for
quick reference.

Copies of Court-approved Exhibit Tags and Exhibit Lists can be found on the Court’s
webpage and are self-explanatory. Green tags shall be used for joint exhibits, blue tags
for Plaintiff/Government exhibits and yellow tags for Defendant exhibits. If you have any
questions, contact Courtroom Deputy Clerk Estrella Melians at 407-835-8587.
Unrepresented (“pro se”) parties may obtain additional tags from Ms. Melians.

Counsel and pro se parties, if any, are responsible for including a complete list of
the exhibit number(s) and a detailed description of each exhibit into the attached Exhibit
List. At the commencement of trial, counsel and pro se parties, if any, shall provide
THREE (3) COPIES of the Exhibit List and Witness List to the Courtroom Deputy
Clerk.

Exhibit Substitutes – Pursuant to Local Rule 5.04, you are required to offer
photographs of sensitive or large physical exhibits (i.e., weapons, narcotics, currency,
etc.), which will become the “substitute exhibit” at the conclusion of the case for
maintenance by the Clerk. Rule 5.04 also requires that 8½” by 11 reductions be
submitted along with larger-sized documentary or similar exhibits. Unless otherwise
ordered by the Court, should an appeal later be filed, the Clerk will send the
photographic and/or reduced substitutes (in lieu of the original exhibits) to the Eleventh
Circuit Court of Appeals in the record on appeal.

Electronic Exhibits – As of December 1, 2016, the Eleventh Circuit Court of Appeals
requires that the electronic record include all exhibits admitted into evidence at trial or
at an evidentiary hearing. Therefore, counsel should be prepared to submit in PDF
format on a CD or flash drive all exhibits marked for identification and/or admitted during
trial to the courtroom deputy within 7 days following the conclusion of the trial/hearing.
Each exhibit is to be saved as a separate document, not to exceed 10 MB in size. If
necessary to meet the size limitation, documents may be separated into subparts such as
Exhibit 1-1, 1-2, etc. Counsel will be required to submit a certification that all parties have
reviewed the submission and agree to its authenticity.

Audio and/or Visual Equipment – Please note that the Court has a variety of audio
and visual equipment available for use during trials. Parties intending to use such
equipment shall notify the Courtroom Deputy Clerk and schedule an appointment at
least one week prior to trial to come into court and familiarize themselves with the
courtroom technology systems. Failure to do so may result in the equipment not being
available for use during trial.
1 These instructions are not all-inclusive; they are purposely general in nature and
intended merely to supplement the Local Rules and Case Management and Scheduling
Order (“CMSO”). Counsel and/or pro se parties are responsible for becoming completely
familiar with and fully complying with the CMSO and Local Rules. Particular attention is
drawn to Local Rule 5.03 (“Courtroom Decorum”).

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