The opinion of the court was delivered by: Colleen Kollar-kotelly United States District Judge
MERITS HEARING PROCEDURES ORDER
This Order sets forth the procedures to be followed in connection with Petitioner's Merits Hearing.*fn1 It is, this 14th day of July, 2009, hereby ORDERED that counsel are directed to carefully review this Order and to comply with each of the following items.
Petitioner's Merits Hearing is scheduled for August 24, 2009, at 9:30 A.M., to continue on August 25, 2009, at 9:30 A.M.*fn2 In connection with this hearing, the record for the Court's consideration shall consist of all evidence identified in the parties' respective Witness and Exhibit Lists and Petitioner's testimony if he decides to testify. Motions for leave to amend the parties' respective Witness and Exhibit Lists, Respondents' Statement of Facts, or the underlying Factual Return and Traverse, must be filed no later than August 17, 2009. The parties are on notice that any evidence that has not been identified in the Witness and Exhibit Lists and disclosed to opposing counsel on or before August 17, 2009, may be excluded from consideration by the Court. The two exceptions to the August 17, 2009 deadline shall be (1) documents offered solely for the rebuttal of arguments made at the Merits Hearing that could not reasonably have been anticipated prior to August 17, 2009, or (2) exculpatory information, as to which Respondents have a continuing obligation to disclose to Petitioner.
2. Petitioner's Participation
Petitioner's counsel shall notify the Court on or before August 7, 2009, as to whether Petitioner (1) wants to testify at his Merits Hearing, (2) wants to listen to unclassified opening statements at his Merits Hearing, or (3) does not want to participate at his Merits Hearing.*fn3
The parties shall confer and submit to the Court all stipulations on which the parties have agreed, no later than August 10, 2009.
On the morning of August 24, 2009, the parties shall present the Court with a Joint Exhibit Book that contains the exhibits the parties anticipate presenting during Petitioner's merits hearing.
Respondents shall ascertain whether there exists an "intake form" created when the United States took custody of Petitioner. If such a form exists, Respondents shall produce it to Petitioners' counsel on or before August 17, 2009, and the form must be included in the parties' Exhibit Book as an exhibit. If such a form does not exist, Respondents shall file a Notice indicating the same on or before August 17, 2009.
6. List of Contested Issues
The parties shall confer with respect to the contested issues that they expect to present during the Merits Hearing, and shall submit a Joint List of Contested Issues ...