Pre-Trial Order No. 1

Carl A. Weinman, Chief Judge, U.S. District Court


This pre-trial conference called on January 17, 1964, by Chief Judge Carl A. Weinman discussed the procedures to be followed in presenting the issues in this case. The purpose of this pre-trial conference, and those which followed, was to expedite the case in its preparation for trial and final determination.

In attendance at this conference were: following: Mr. F. Lee Bailey, Mr. Alexander H. Martin, Mr. Russell A. Sherman, Counsel for Petitioner; Mr. William B. Saxbe, Attorney General of Ohio By Mr. David Kessler, Assistant Attorney General Mr. John Cianflona, Assistant Attorney General, Counsel for Respondent. Mr. Ray Clayman, Staff of Judge Carl A. Weinman Mr. John Lowther, Staff of Judge Mell G. Underwood.

At this pre-trial conference, the following six (6) items were agreed upon by counsel and is hereby ordered by the Court: 1) That all preliminary proceedings in this case shall be by pre-trial orders. Said orders shall be by agreement of counsel and/or by order of the Court. 2) That Pre-Trial Order No. 2 shall consist of a stipulation of the history of the case with prior Court opinions attached as exhibits. Said order shall be filed on or before Friday, January 24, 1964. 3) That Pre-Trial Order No. 3 shall consist of a stipulation of all issues to be considered by the Court in this case. Said Pre-Trial Order shall be filed on or before Friday, January 24, 1964. 4) That Pre-Trial Order No. 4 shall consist of (1) a statement of those issues set forth in Pre-Trial Order No. 3 which can be presented to the Court on an agreed statement of fact and (2) the agreed statement of fact relevant to those issues. Said Pre-Trial Order shall be filed at a future date to be agreed upon by counsel and/or ordered by the Court. 5) That upon filing of Pre-Trial Order No. 4, dates will be set by agreement and/or order of the Court for filing of briefs and oral argument. 6) That the pleadings in this case are complete and no further pleadings shall be filed unless ordered by the Court.