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Notice to Counsel on Pre-Marking Exhibits and Exhibit Lists — No. 6:21-cr-00141 (Middle District of Florida)

Summary

Document 211-2, a Notice to Counsel and Unrepresented Parties from Judge Roy B. Dalton, Jr. in the U.S. District Court for the Middle District of Florida, Orlando Division, filed December 22, 2025 in Case 6:21-cr-00141-RBD-NWH. The notice, Instructions Regarding Pre-Marking Exhibits, Preparation of Exhibit Lists, and Substitution of Exhibits, directs that the parties prepare exhibit binders under Local Rule 3.07(a) and designate exhibits as A Exhibits and B Exhibits. It states that green tags shall be used for joint exhibits, blue tags for Plaintiff/Government exhibits and yellow tags for Defendant exhibits. It also addresses substitute exhibits under Local Rule 5.04, electronic exhibits for the Eleventh Circuit Court of Appeals and audio and visual equipment.

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Cite this document

“Notice to Counsel on Pre-Marking Exhibits and Exhibit Lists — No. 6:21-cr-00141 (Middle District of Florida).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-211-2-5d03af323f/, SHA-256 01fdb28367f5e5ca43ff3317379afcf15cb5733e3e686db974f80bc3691693a0.

Full text

Case
Case6:21-cr-00141-RBD-NWH   Document33-3
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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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