Except as hereinafter provided, a person who is charged with an infraction as defined in 18
U.S.C. § 19, and which is specifically listed in a schedule published by order of this Court
pursuant to this Rule, may, in lieu of appearance, post collateral in the amount specified in
such schedule for the offense, waive appearance before a United States magistrate judge,
and consent to forfeiture of the collateral as the fixed sum payment referred to in Rule 58(d)
of the Federal Rules of Criminal Procedure.
If in the discretion of the law enforcement officer the offense is of an aggravated nature,
the law enforcement officer, notwithstanding any other provision of this Rule, may, in the
violation notice, require appearance, and any punishment established by law, including
fine, imprisonment or probation, may be imposed upon conviction. Nothing contained in
this Rule will prohibit a law enforcement officer from arresting a person for the
commission of any offense, including those for which collateral may be posted and
forfeited, and taking that person immediately before a United States magistrate judge or
requiring the person charged to appear before a United States magistrate judge, as provided
in the Federal Rules of Criminal Procedure.
APPENDIX TO RULES
1. Form of Pretrial Order - Civil
2. Form of Pretrial Order - Prisoner
FORM OF PRE-TRIAL ORDER: CIVIL
NOTE TO LITIGANTS: DO NOT FILL IN BLANKS ON THESE SHEETS.
USE AS A GUIDE IN DRAFTING, AS YOU WOULD A FORM BOOK.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Plaintiff )
)
vs. ) CASE NO.
)
Defendant )
PRE-TRIAL ORDER
This matter having come before the Court at a pre-trial conference held pursuant to Rule
16 of the Federal Rules of Civil Procedure and Local Rule 16.1; and
having appeared as counsel for the plaintiff(s), or
the plaintiff having appeared pro se, and
having appeared as counsel for the defendant(s),
(The listing of parties must be complete and appearances must show the
individuals who were actually present.)
the following action was taken:
I. NATURE OF ACTION AND JURISDICTION
This is an action for and the jurisdiction of the Court is
invoked under . The jurisdiction of the Court is not disputed.
APPENDIX 1 - 1
II. JOINT STATEMENT
A. JURISDICTION
B. UNCONTESTED ISSUES OF FACT
C. CONTESTED ISSUES OF FACT
D. CONTESTED ISSUES OF LAW
E. JURY DEMAND
III. PLAINTIFF'S STATEMENT
A. ITEMIZED STATEMENT OF DAMAGES
IV. WAIVER OF CLAIMS OR DEFENSES
(OR JURY DEMAND)
(If nothing is waived, leave this section out.)
APPENDIX 1 - 2
V. EXHIBITS ATTACHED
The following are attached as exhibits to this order and are made a part hereof:
A. Stipulation of Uncontested facts and issues of law (signed by all
parties).
B. Plaintiff's Witness List (for each plaintiff).
C. Defendant's Witness List (for each defendant).
D. Plaintiff's Exhibit List (for each plaintiff).
E. Defendant's Exhibit List (for each defendant).
F. Joint Exhibit List.
G. Proposed Jury Instructions (Joint) (or Findings and Conclusions).
H. Plaintiff's Proposed Instructions (only if objections by defendant).
I. Defendant's Proposed Instructions (only if objections by plaintiff).
APPENDIX 1 - 3
VI. GENERAL ADDITIONAL
The following additional action was taken:
[Recite amendments to pleadings, additional agreements of the parties on the
qualifications of expert witnesses or any other subject, disposition of motions at the conference,
etc., if necessary. If no such action was taken, leave this paragraph out of the Order.]
IT IS UNDERSTOOD BY THE PARTIES THAT:
The plaintiff(s) is (are) limited to expert witnesses whose names and qualifications
have been disclosed to the defendant(s). The defendant(s) is (are) limited to expert
witnesses whose names and qualifications have been disclosed to the plaintiff(s).
[This paragraph does not refer to treating or examining physicians or other highly
trained witnesses who have actual knowledge of the case. It should be left out if
no expert witnesses have been listed.]
Any Trial Briefs or Motions in limine must be filed as directed by the Court but in no
event less than 14 days prior to trial. [Leave out if no trial briefs will be used.]
A party may supplement a list of witnesses or exhibits only upon good cause shown in a
motion filed and served upon the other parties prior to trial; except that, upon the development of
testimony fairly shown to be unexpected, any party may, with leave of Court, call such contrary
witnesses or use such exhibits as may be necessary to counter the unexpected evidence, although
not previously listed, and without prior notice of any other party.
It is mutually estimated that the length of trial will not exceed full days. The case
will be listed on the trial calendar to be tried when reached.
Once a final version of this order has been approved by the Court, it may be modified at
the trial of the action, or prior thereto, only to prevent manifest injustice. Such modification
may be made either on motion of counsel for any party or on the Court's own motion.
[The foregoing three paragraphs must be contained in every order.]
APPENDIX 1 - 4
Any additional proposed jury instructions shall be submitted to the Court within five days
before the commencement of the trial, but there is reserved to counsel for the respective parties
the right to submit supplemental proposals for instructions during the course of the trial or at the
conclusion of the evidence on matters that could not reasonably have been anticipated.
[This paragraph should be left out in a non-jury case.]
IT IS SO ORDERED.
JUDGE
ENTERED:
APPROVED AS TO FORM AND SUBSTANCE:
Attorney for the Plaintiff(s)
Attorney for the Defendant(s)
APPENDIX 1 - 5
EXHIBIT LIST FOR PLAINTIFF/DEFENDANT/JOINT
(One for Each)
Counsel reminded to review Local Rule 5.11 regarding redactions.
Case Name: Case No: Page of
No: Description Admit Without Authentication Objection
Objection Waived
WITNESS LIST FOR PLAINTIFF/DEFENDANT
(One for Each)
Counsel reminded to review Local Rule 5.11 regarding redactions.
Case Name: Case No: Page of
Witness Name Address (City and State Only) Expert Adverse
FORM OF PRE-TRIAL ORDER: PRISONER
NOTE TO LITIGANTS: DO NOT FILL IN BLANKS ON THESE SHEETS.
USE THIS DOCUMENT AS A GUIDE IN DRAFTING YOUR PRETRIAL
ORDER. IF THE PLAINTIFF IS PROCEEDING PRO SE, THE
DEFENDANTS ARE REMINDED THEY BEAR THE RESPONSIBILITY FOR
PREPARING THE JOINT PRETRIAL ORDER PURSUANT TO LOCAL
RULE16.3(I)(3).
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Plaintiff )
)
vs. ) CASE NO.
)
Defendant )
PRE-TRIAL ORDER
This matter having come before the Court at a pre-trial conference held pursuant
to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.3; and
having appeared as counsel for the plaintiff(s), or
the plaintiff having appeared pro se, and
having appeared as counsel for the defendant(s),
(The listing of parties must be complete).
the following action was taken:
I. NATURE OF ACTION
This is an action brought pursuant to 42 U.S.C. § 1983 for violations of the (i.e.
list specific constitutional amendments) and violations of (if any other claims). The jurisdiction
of the Court is invoked under Section 28 U.S.C. § 1331 and 28 U.S.C. § 1343. The jurisdiction
of the Court is not disputed.
The plaintiff alleges (brief statement of case).
APPENDIX 2 - 1
II. JOINT STATEMENT
A. JURISDICTION
B. UNCONTESTED ISSUES OF FACT
C. CONTESTED ISSUES OF FACT
D. CONTESTED ISSUES OF LAW
E. JURY DEMAND
III. PLAINTIFF'S STATEMENT
A. ITEMIZED STATEMENT OF DAMAGES
IV. WAIVER OF CLAIMS OR DEFENSES
(OR JURY DEMAND)
(If nothing is waived, leave this section out.)
APPENDIX 2 - 2
V. EXHIBITS ATTACHED
The following are attached as exhibits to this order and are made a part hereof:
A. Stipulation of Uncontested facts and issues of law (signed by all
parties).
B. Plaintiff's Witness List (for each plaintiff).
C. Defendant's Witness List (for each defendant).
D. Plaintiff's Exhibit List (for each plaintiff).
E. Defendant's Exhibit List (for each defendant).
F. Joint Exhibit List.
*G. Proposed Jury Instructions (Joint) (or Findings and Conclusions).
*H. Plaintiff's Proposed Instructions (only if objections by defendant).
*I. Defendant's Proposed Instructions (only if objections by plaintiff).
* Unless otherwise ordered by the Presiding Judge.
APPENDIX 2 - 3
VI. GENERAL ADDITIONAL
The following additional action was taken:
1. The testimony of the following inmate witnesses is necessary for trial. The Clerk
is directed to issue a Video Writ for the following inmate witnesses to appear by
video conferencing:
Inmate Name Inmate No. Current Correctional Center
2. The testimony of the following IDOC employees is necessary for trial. The
defendants are ordered to produce these witnesses for trial.
a) The following IDOC employees will appear by video
conferencing. The Clerk is to directed to issue a Video Writ for
their appearance during the trial:
Name Title Current Correctional Center
b) The defendants will produce the following IDOC
employees to testify in person at trial:
Name Title Current Correctional Center
3. The testimony of the following witnesses who are neither inmates nor employees
is necessary for trial. The Clerk is directed to issue trial subpoenas for the
following. The plaintiff must provide the witness fee and mileage fee to the
witness.
[Recite amendments to pleadings, additional agreements of the parties on the
qualifications of expert witnesses or any other subject, disposition of motions at the conference,
etc., if necessary. If no such action was taken, leave this paragraph out of the Order.]
APPENDIX 2 - 4
IT IS UNDERSTOOD BY THE PARTIES THAT:
The plaintiff(s) is (are) limited to expert witnesses whose names and
qualifications have been disclosed to the defendant(s). The defendant(s) is (are) limited
to expert witnesses whose names and qualifications have been disclosed to the
plaintiff(s).
[This paragraph does not refer to treating or examining physicians
or other highly trained witnesses who have actual knowledge of the
case. It should be left out if no expert witnesses have been listed.]
Any Trial Briefs or Motions in limine shall be submitted no later than fourteen
(14) days prior to the commencement of the trial. [Leave out if no trial briefs will be
used.]
A party may supplement a list of witnesses or exhibits only upon good cause
shown in a motion filed and served upon the other parties prior to trial; except that, upon
the development of testimony fairly shown to be unexpected, any party may, with leave
of Court, call such contrary witnesses or use such exhibits as may be necessary to
counter the unexpected evidence, although not previously listed, and without prior notice
of any other party.
It is mutually estimated that the length of trial will not exceed full days.
The case will be listed on the trial calendar to be tried when reached.
This pre-trial order may be modified at the trial of the action, or prior thereto, to
prevent manifest injustice. [Such modification may be made either on motion of counsel
for any party or on the Court's own motion.]
[The foregoing three paragraphs must be contained in every order.]
APPENDIX 2 - 5
Any additional proposed jury instructions shall be submitted to the Court within
five days before the commencement of the trial, but there is reserved to the respective parties the
right to submit supplemental proposals for instructions during the course of the trial or at the
conclusion of the evidence on matters that could not reasonably have been anticipated.
[This paragraph should be left out in a non-jury case.]
IT IS SO ORDERED.
JUDGE
ENTERED:
APPROVED AS TO FORM AND SUBSTANCE:
Attorney for the Plaintiff(s)
Attorney for the Defendant(s)
APPENDIX 2 - 6
EXHIBIT LIST FOR PLAINTIFF/DEFENDANT/JOINT
(One for Each)
Parties reminded to review Local Rule 5.11 regarding redactions.
Case Name: Case No: Page of
No: Description Admit Authentication Objection
Without Waived
Objection
WITNESS LIST FOR PLAINTIFF/DEFENDANT
(One for Each)
Parties reminded to review Local Rule 5.11 regarding redactions.
Case Name: Case No: Page of
Witness Name Address (City and State Only) Expert Adverse
