United States District Court, W.D. Wisconsin
ORDER GOVERNING FINAL PRETRIAL CONFERENCE
defendant may waive his or her presence at the final pretrial
conference. A waiver must be in writing, signed by the
defendant and submitted to the court not later than the
beginning of the conference.
not necessary that the attorney actually trying the case
attend the final pretrial conference, but trial counsel are
bound by representations and decisions made at the conference
in their absence.
attorney located more than 30 miles from the federal
courthouse may seek permission to appear telephonically for
the final pretrial conference. Such permission must be sought
and obtained at least one work day before the conference.
day service is required for all final pretrial conference
timely to file and serve documents or raise issues addressed
in this order may constitute waiver at the court's
trial counsel and all defendants must appear personally at
any final hearing held by a district judge.
Dire Questions and Jury Instructions
final pretrial conference the court shall finalize the voir
dire questions and create a set of legally accurate jury
instructions that contains every instruction the court might
need at trial (with the possible exception of a theory of
defense instruction). Toward this end, the court will
circulate voir dire questions and a packet of jury
instructions prior to the parties' submission deadline
for the final pretrial conference. These are the drafts from
which we will work at the final pretrial conference.
to F.R. Crim. Pro. 30 and not later than the submission
deadline, the parties must submit any proposed additions,
deletions, or edits to the court's drafts. Each proposed
edit to or deletion of a court draft voir dire question must
be set forth in a separate paragraph and must cite by number
to the question at issue. Each proposed new question must be
set forth in a separate paragraph and numbered for ease of
proposed edit or deletion of a court draft jury instruction
must be set forth in a separate paragraph and must cite by
page number to the court's draft. Each proposed new jury
instruction must be set forth in a separately numbered
paragraph. When applicable, a party must provide adequate
citation to any legal authority for any proposed edit,
deletion or addition of a jury instruction.
a defendant is not required to reveal a theory of defense
instruction prior to the close of the government's case
in chief, it is helpful and efficient to discuss such
instructions at the final pretrial conference whenever
possible. Therefore, the court encourages defendants to
provide draft theory of defense instructions for
consideration on the record at the final pretrial conference.
If a defendant is not willing to do this, then the court asks
that the defendant submit his or her theory of defense
instruction to the court ex parte and in
camera for review prior to trial.
in Limine and Notice of Intent To Offer
the trial judges make the final decisions on motions in
limine and other evidentiary issues, all such issues
must be raised at the final pretrial ...