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United States v. Weaver

United States District Court, D. Montana, Great Falls Division

August 8, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
TIMOTHY ALLEN WEAVER, and MICHELLE ANDRA JOYNER, aka Michelle Andrea Hayden, aka Michelle Andrea Dumond, Defendant.

AMENDED ORDER

          BRIAN MORRIS UNITED STATES DISTRICT COURT JUDGE.

         Following an arraignment on August 3, 2017, the following schedule shall apply for BOTH Defendants. IT IS HEREBY ORDERED that:

         1. The following schedule will govern all pretrial procedures in this case:

•Trial Date[1]:

Tuesday, October 10, 2017; 9:00 a.m.

Missouri River Federal Courthouse Great Falls, Montana

•Discovery deadline:

August 7, 2017

•Motions deadline (including motions in limine):

September 10, 2017

•Plea agreement deadline or Notice of Intent to Proceed to Trial:

September 25, 2017

•Jury instructions and trial briefs deadline:

October 2, 2017

         This schedule must be strictly adhered to by the parties.

         To efficiently prepare for trial within the times set above, IT IS FURTHER ORDERED:

         2. On or before the discovery deadline set above, the government shall, upon request of the attorneys for the defendants, provide to the defendant all discoverable materials specified in Federal Rule of Criminal Procedure 16(a). The government shall make specific disclosure of its intent to use any statements or confessions made by the defendant. If defendant questions the admissibility of such statement or confession, the hearing required by Jackson v. Denno, 378 U.S. 368 (1964), shall be held at least ten (10) days prior to trial.

         3. Upon compliance by the government with the defendants' discovery request, defendants shall supply reciprocal discovery pursuant to Federal Rule of Criminal Procedure 16(b).

         4. The parties are under a continuing duty of disclosure and discovery of materials set forth herein, pursuant to Federal Rule of Criminal Procedure 16(c). If expert witnesses are engaged, the parties shall fully comply with the requirements of Rule 16(a)(1)(E) and Rule 16(b)(1)(C), respectively.

         5. Motions: All pretrial motions, other than motions to enter a guilty plea, must be filed, along with a brief in support, on or before the motions deadline indicated above. A response brief is due on or before the response deadline indicated above. An optional reply brief may be filed within seven (7) calendar days of the filing date of the response brief. Parties not filing electronically must be served with any motion.

         Suppression Motions: To facilitate hearings on suppression motions, the parties are required to submit supporting factual documentation with motions to suppress - e.g. affidavits, tapes, Miranda waiver forms, etc. Response briefs (and reply briefs, if submitted) should state with particularity the factual issues remaining in dispute for resolution at a suppression hearing.

         6. Hearings & Oral Arguments: Parties shall provide an alphabetized index of cases expected to be referenced, with citations, to the Court Reporter immediately prior to any oral argument or trial.

         7. All requests for service of subpoenas by the United States Marshal must be no later than twenty-one (21) days before trial. Except for good cause shown, service of subpoenas after said date is the responsibility of counsel. The provision of Federal Rule of Criminal Procedure 17 must be complied with before any subpoena is issued.

         8. Calling witnesses at trial: When a witness is called to testify at trial, counsel shall provide to the clerk of court four (4) copies of a single page document providing the following information about the witness: 1) the full name and current address of the witness; 2) whether the witness has given a statement (taped), a written statement, an interview with government agents (other than an AUSA), or grand jury testimony; 3) a brief description of the nature and substance of the ...


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