Proposed Pretrial Order Procedures for Civil Cases
(including Motions in Limine) for Judge John Robert Blakey
Prior to a contested trial, the parties shall jointly prepare and submit a
Proposed Pretrial Order for the Court’s consideration that contains the sections and
information described below. The Proposed Pretrial Order must be e-mailed to
“
[email protected]” in Word format, with two courtesy
copies delivered to chambers. The Proposed Pretrial Order must also be filed on the
docket by selecting “Other Filings” and then “Other Documents,” and choosing the
Proposed Pretrial Order event in CM/ECF. The Court will set a date for filing the
Proposed Pretrial Order, usually no later than two weeks prior to the Final Pretrial
Conference.
A. Final Pretrial Conference: Normally, a Final Pretrial Conference will be
held approximately two weeks before trial. The purpose of this conference is
avoid surprises and to simplify the trial. At the conference, the Judge will
address all pending motions in limine and objections to witnesses and
exhibits and will discuss trial procedures and scheduling. Lead trial counsel
with authority to discuss and address all aspects of the case, including the
authority to enter into stipulations or settlement (if any), must attend.
B. Contents of Proposed Pretrial Order:
1. Jurisdiction. State the jurisdictional basis for each claim. If the
parties rely on either diversity jurisdiction or another jurisdictional
basis that requires a threshold amount in controversy, then state
whether the parties agree that the amount in controversy exceeds that
threshold, and include a concise explanation of how the evidence
supports that statement. Also, if the parties rely on diversity
jurisdiction, state each party’s domicile. Note: if any party is a
partnership or a limited liability company and the basis of jurisdiction
is diversity, counsel must identify the name and domicile(s) of each
and every partner of each such entity. See Belleville Catering Co. v.
Champaign Market Place, LLC, 350 F.3d 691, 692-93 (7th Cir. 2003)
(explaining that, for purposes of diversity jurisdiction, partnerships
and limited liability companies are citizens of every state of which any
member is a citizen).
2. Trial Attorneys. List all of the attorneys trying the case, as well as
their contact information (business address, telephone number, and e-
mail address). Lead trial counsel shall provide to chambers by
telephone his or her cell phone number for use in the event the Court
needs to reach the parties during trial.
3. Case Statement. Provide a neutral and concise agreed statement of
the case to be read by the Court to the jury during jury selection. The
statement should include a description of the nature of the case and
the claims (plus counter-claims and cross-claims, if any), and the
defenses. The parties shall refrain from using argumentative or
indoctrinating language.
4. Trial Length/Number of Jurors. State the estimated number of
trial days, including jury selection, opening statements, and closing
arguments, as well as the number of jurors the parties recommend be
selected (subject to Rule 48(a)). Generally, to accommodate the venire,
the Court will select a jury on day one of trial and start opening
statements on day two. Additionally, for most trials, the Court prefers
a 12-person jury, with all 12 jurors deliberating.
5. Agreed Exhibits and Factual Stipulations.
a. The parties should include a list of all “agreed exhibits” to which
both parties expressly waive any and all objections. Along
with the Proposed Pretrial Order, the parties shall submit to
chambers a binder including all of the agreed exhibits pre-
marked. If, after its own review, the Court approves the
exhibits submitted, the exhibits included in the agreed binder
may be moved into evidence by the parties at the beginning of
trial or at another logical point in the order of proof. If such
exhibits are deemed “agreed” at the pretrial conference and
accepted by the Court, then any later objections to the admission
of these exhibits into evidence at trial shall be rejected as
untimely.
In the alternative, the parties may choose to waive specific
objections to certain exhibits (such as authenticity or hearsay),
but preserve other objections (such as Rule 403 or relevance) via
the mechanism described in Section 7 below. If the parties elect
to proceed in this fashion, they should set forth in detail (in the
exhibit section of the Proposed Pretrial Order) the specific
objections being waived and preserved. In this process, the
parties should attempt to agree upon redactions whenever
possible to avoid unnecessary motion practice. The purpose of
these procedures is to provide the parties with an opportunity to
avoid the burden and cost of calling undisputed, unnecessary or
purely foundational witnesses.
b. The parties should also separately list all factual and
testimonial stipulations they intend to enter into evidence and
publish to the jury. For instance, a “factual stipulation” might
provide that “the bank was insured by the FDIC,” or “the car
dealership employed 500 or more people.” A “testimonial
stipulation” might provide that “if called, witness Jones would
testify that the records (Ex. A) were kept in the normal course of
business,” or “if called, witness Smith would testify that the
transcript (Ex. B) is a true and correct transcription of the
deposition testimony.” While there are many purposes for using
stipulations at trial, testimonial stipulations are particularly
useful for allowing the parties to avoid the time and expense of
unnecessarily calling certain foundational witnesses. This
stipulation section is not, however, intended to include a list of
facts that the parties intend to establish via witnesses and
exhibits at trial. The parties also remain free to propose
additional factual stipulations during trial, but all stipulations
must be in writing and approved by the Court prior to being
published to the jury.
6. Witness Lists. List the witnesses, including expert witnesses, divided
into: (a) witnesses who will be called; (b) witnesses whose testimony
will be presented by deposition or other prior testimony (indicating
whether the presentation will be made by reading a transcript or
playing a video, along with page and line designations); and (c)
witnesses who might be called or whose testimony might be presented.
For each witness, provide a concise (2 or 3 sentences) description of the
witness and the witness’s role in the case. Witnesses who are not
listed are barred from testifying unless the proponent shows good
cause for the failure to disclose the witness. The names of listed
witnesses will be given to the jury during jury selection to ensure that
potential jurors do not personally know any witnesses.
7. Exhibit Lists. The parties must submit an exhibit list that includes
summary exhibits and demonstrative exhibits. The list must state the
following: (a) the exhibit number; (b) a concise description of the
exhibit (with any pertinent dates of documents); (c) a concise
statement of the exhibit’s relevance; and (d) whether there is an
objection to the exhibit’s admission, and if so, a concise explanation of
the objection and the proponent’s theory of admissibility. Whenever
possible, the parties should agree to the authenticity of exhibits under
the procedure noted in Section 5.
No later than one week prior to the Final Pretrial Conference, the
parties must submit to Chambers two sets of exhibit binders
containing copies of objected-to exhibits.
If, due to unforeseen circumstances during trial a party wishes to
introduce an exhibit not previously listed, notice should be given as
soon as possible to the opposing side and to the Court, so that any
objections can be discussed. Upon a showing of good-faith and absent
an abuse of this process, an exhibit will not be deemed inadmissible
simply because it was not included on the original exhibit list, provided
the exhibit was earlier produced to the opposing side during discovery
(and otherwise complies with the Federal Rules of Evidence and the
Federal Rules of Civil Procedure).
8. Requested Relief. Plaintiff(s) (and counter/cross-claimants, if
applicable) shall itemize damages and other relief sought.
9. Motions in Limine. In the Proposed Pretrial Order, each party must
provide a list summarizing its motions in limine. Motions in limine
must be filed separately from the Proposed Pretrial Order by
the due date set by the Court. Ten business days prior to the Final
Pretrial Conference, or on the date otherwise set by the Court, each
party shall file its motions in limine within a single pleading not to
exceed 30 pages, with each issue separately numbered and
argued within the pleading. Five business days prior to the Final
Pretrial Conference, or on the date otherwise set by the Court, each
party shall file its response. The response shall consist of a single
pleading, not to exceed 30 pages, with each issue separately
addressed and listed with the same numbering as the motions
in limine. Any challenges to expert testimony or evidence must be
made within the motions in limine. No replies will be permitted
absent leave of Court. Unless otherwise directed by the Court, the
parties will argue all motions in limine at the Final Pretrial
Conference.
Every motion in limine filed by a party must be accompanied by a
statement that the party has conferred with the opposing party and
the opposing party actually intends to offer the evidence that the
movant seeks to exclude, or actually opposes admission of the evidence
that the movant seeks to include. If the meet-and-confer process
results in agreement over evidentiary issues, that agreement should be
memorialized under the procedure noted in Section 5, and subject to
approval by the Court, such agreements may be finalized at the Final
Pretrial Conference.
10. Jury Selection Questions (Proposed Voir Dire). Judge Blakey
will ask standard questions of the venire during jury selection. Prior
to the Pretrial Conference, the parties must review the Court’s “Jury
Selection Protocol – Civil Cases” and “Standard Jury Questions – Civil
Cases” on Judge Blakey’s information page on the Court’s official
website: http://www.ilnd.uscourts.gov/. Any additional questions
sought by the parties must be listed in the Proposed Pretrial Order,
divided into: (a) agreed-upon questions; and (b) proposed questions to
which one party objects. A short basis for any objection should
accompany the list.
11. Proposed Jury Instructions and Verdict Forms. The parties
must meet and confer in order to attempt to agree upon jury
instructions and the verdict forms. If the parties agree to use any
Seventh Circuit Pattern Instructions, those instructions may simply be
listed by citation in the Proposed Pretrial Order. The parties should
concentrate their efforts on the substantive jury instructions related to
the merits. In the Proposed Pretrial Order, the parties should set forth
the complete text of any non-Seventh Circuit Pattern instruction and
identify: (a) the proponent of the instruction; (b) the legal authority for
the instruction; and (c) whether there is an objection to the instruction.
If an instruction is disputed, the proponent of the instruction should
concisely explain the basis for the instruction, if more explanation is
required beyond the identified legal authority. Moreover, if an
instruction is disputed, the objecting party must concisely state the
grounds for the objection, as well as any proposed modification or
alternative. The same principles apply to proposed verdict forms.
C. Trial Briefs: Judge Blakey does not require trial briefs in jury trials.
Parties who wish to file a trial brief to address any unique issues of law or
fact may, however, seek leave of Court to do so on or before the due date for
filing motions in limine. No legal briefs or memorandums of law will be
permitted during trial (including briefs or memoranda supporting or opposing
motions for judgment as a matter of law) absent prior leave of Court.
D. Evidence Projection Systems: The Court has a limited number of
evidence projection systems, which may or may not be available for use on
any given date. Parties who would like access to evidence projection systems
are advised to make a request as early as possible (four weeks prior to trial is
suggested) to Nathanial Groshek, Courtroom Technology Administrator, at
(312) 435-6045. Parties may be permitted to use their own evidence
projection systems, upon reasonable terms, if a request is made in advance of
trial, through the Courtroom Deputy.
