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United States v. Knapp

United States District Court, D. Montana, Helena Division

August 22, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
K. JEFFERY KNAPP, Defendant.

          ORDER

          CHARLES C. LOVELL, SENIOR UNITED STATES DISTRICT JUDGE.

         Defendant K. Jeffery Knapp having waived his right to be charged by indictment in open court and having entered a plea of not guilty to the superseding information, IT IS HEREBY ORDERED that the parties' joint motion to waive grand jury indictment (Doc. 30) and Defendant's unopposed motion to continue trial (Doc. 33) are GRANTED. The jury trial set for September 3, 2019, is VACATED and RESET for October 22, 2019, at 9:30 a.m. in Courtroom II, United States Courthouse, 901 Front Street, Helena, Montana before the undersigned sitting with a jury. For purposes of the Speedy Trial Act, the parties have agreed that the filing of the superseding information restarts the clock, based on the substantive change in the essential elements of the crime with which Defendant is charged.

         IT IS FURTHER ORDERED:

         All substantive pretrial motions, including motions in limine, and supporting briefs shall be filed by September 3, 2019. Responsive briefs shall be due no later than September 17, 2019, and reply briefs, if any, or written notice to the court that none will be filed shall be filed by September 24, 2019. No. extension will be granted on these deadlines except for good cause shown. Requests for extension shall be filed no later than five days prior to the filing deadlines.

         Any plea agreement shall be received in the Clerk's Office by 3:00 p.m. on October 1, 2019, which means that the plea agreement should be filed simultaneously with a motion to change plea by the deadline. Motions for enlargement of time in which to file a plea agreement shall be filed no later than September 24, 2019. In the absence of a motion to extend the plea agreement deadline and except for good cause shown, no plea agreement will be considered by the court thereafter.

         Any party seeking a continuance of the trial date shall file a motion to continue on or before September 24, 2019. Late filing of motions to continue or plea agreements may result in assessment of costs or imposition of other sanctions against the parties and/or counsel.

         Proposed voir dire questions, proposed jury instructions, and a verdict form shall be filed by October 8, 2019. The parties shall jointly prepare jury instructions upon which they agree (proposed joint instructions). If necessary, each party may also prepare a set of proposed supplemental instructions if different from agreed joint instructions. No two instructions shall be submitted with the same number.

         The parties shall also prepare an agreed upon verdict form with the instructions. If a verdict form cannot be agreed to, each party shall prepare a separate verdict form together with a written statement explaining why they do not agree on a joint verdict form.

         The Government shall file one working copy of the Joint Proposed Jury Instructions and Joint Proposed Verdict Form; all parties shall file any Supplemental Proposed Jury Instructions and Separate Verdict Form; and all parties shall e-mail all such filed documents and a clean copy of each, in WordPerfect, Word or a compatible program, omitting macros or special coding or formatting other than appropriate citation format, to ccl propord(g).mtd.uscourts.gov.

         The format of Jury Instructions shall be:

1) The "clean copy" shall contain:
(A) a heading reading "Instruction No. ___", and
(B) the text of the instruction.
2) The "working copy" shall contain: ...

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