JUDGE SUNIL R. HARJANI
219 South Dearborn Street
Courtroom 1925
Chambers 1956
Chicago, IL 60604
(312) 435-3000
PREPARATION OF FINAL PRETRIAL ORDER FOR CIVIL CASES
The parties shall jointly prepare and submit a Final Pretrial Order on the date set containing
the following components, unless otherwise ordered by the Court. An original and two
(2) copies of the Final Proposed Pretrial Order shall be delivered to chambers.
Contents of the Pretrial Order
The subjects discussed below should be addressed in separate, tabbed and numbered
sections of the Pretrial Order. The Pretrial Order either should be placed in a three-hole
binder or spiral bound on the left side of the document, with tabs on the right side.
1. Jurisdiction. A concise statement of the basis for federal subject matter
jurisdiction, and if jurisdiction is disputed, the nature and basis of the dispute.
2. Trial Attorneys. A list of the attorneys trying the case that includes their
business and cell phone numbers and email addresses.
3. Case Statement. A concise joint statement of the case that includes the nature
of the case; the claims, counterclaims and cross-claims; and the defenses raised
to those claims. In a jury case, this statement will be read to the jury during
voir dire.
4. Relief Sought. An itemization of the damages and other relief sought.
5. Contested Issues. A concise, numbered list of the contested issues of fact
and/or law.
6. Witnesses. A list of names and addresses of all witnesses, including experts:
(a) who will be called; (b) who may be called; and (c) whose testimony will be
presented by deposition or other prior testimony (indicating whether the
presentation will be by transcript or video). A very brief description of the
witness’s role in the case shall also be included. In a jury trial, this list will be
read to the jury during voir dire. Any witness not listed in the Pretrial Order
will be precluded from testifying absent a showing of good cause, except that
each party reserves the right to call such rebuttal witnesses (who are not
presently identifiable as rebuttal witnesses) as may be necessary.
a. Objections. A statement of any objections to the calling of any witness,
including expert witnesses. Objections not made in the Pretrial Order
will be deemed waived absent a showing of good cause. If the objection
is the subject of a motion in limine, the Pretrial Order may simply refer
to the motion and need not repeat the grounds stated in the motion.
b. Depositions and Other Prior Testimony. For witnesses who will be
presented by deposition or other prior testimony, the Pretrial Order must
include for each such witness a chart containing the following
information: (a) the testimony that each side seeks to present, by page
and line number; (b) a concise statement of objections to any testimony
and the basis for the objections with appropriate citations to evidentiary
rules or case law; and (c) a concise statement of the asserted basis of
admissibility with appropriate citations to evidentiary rules or case law.
Objections not made in the Pretrial Order will be deemed waived absent
a showing of good cause. If the Court will be called upon to rule upon
objections, a copy of the deposition is to be provided with the Pretrial
Order.
7. Exhibits. A list of all exhibits a party may introduce at trial, as well as any
demonstrative exhibits or evidence, identified by trial exhibit number, and a
section that provides a brief description of each exhibit. Joint exhibits should
be denominated “JX,” plaintiff’s exhibits, “PX,” and defendant’s exhibits,
“DX.” Any exhibit not listed in the Pretrial Order will be excluded from
evidence absent a showing of good cause.
a. Objections. A statement of any objections to each exhibit. Objections
not made in the Pretrial Order will be deemed waived absent a showing
of good cause. The parties should follow a similar format for objections
and asserted bases of admissibility to that outlined above for deposition
or other prior testimony designations. The parties must provide the Court
with two exhibit binders containing the objected-to deposition testimony
and exhibits.
2
b. Exhibits to Be Displayed to Jury. If an exhibit is to be displayed to the
jury, the party intending to display the exhibit must make sufficient
copies for all jurors or must use an enlargement or projection of the
exhibit. If you need assistance with understanding how to operate the
courtroom display technology equipment, counsel must contact the
Systems Department within the Clerk’s Office at least 2 weeks before
trial.
c. Final Exhibits for Trial. Two bench books of each party’s exhibits are
to be delivered to the Court at or before the start of trial.
8. Type and Length of Trial. A statement of whether the trial will be a bench
trial or jury trial, and a realistic estimate of the length of the trial. The Court
holds “long trial days” that run from 8:30 a.m. to 5:00 p.m. and the attorneys
will have a minimum of six hours on-the-record trial days.
9. Proposed Findings and Conclusions. For a bench trial, proposed findings of
fact and conclusions of law. Ordinarily, Judge Harjani will direct the parties
to file their proposed findings of fact with citations to the trial transcript and
conclusions of law after the bench trial. However, Judge Harjani may request
proposed findings of fact and conclusions of law prior to the conclusion of the
bench trial. The parties shall confer about proposed findings of fact and
conclusions of law as to which they agree and submit those to the Court. Each
party also shall submit its separate proposed findings of fact and conclusions
of law. Proposed findings of fact and conclusions of law should be filed on the
docket and emailed to the Proposed Order Box as a Word version.
10. Proposed Voir Dire Questions. For a jury trial, the parties should propose
any unique voir dire questions for the questionnaire. Judge Harjani often uses
a written questionnaire as the initial basis for voir dire, which has the standard
questions that most district judges use. Counsel will be given copies of the
completed questionnaires before jury selection begins. Judge Harjani will also
pose additional voir dire questions in open court that are not suitable for the
questionnaire. The parties should assume that the “general” questions typically
asked by judges during jury selection will be asked and should not duplicate
them in the Final Pretrial Order. Rather, the parties should focus their attention
on areas of questioning that are specific to the case. The parties should include
any particular voir dire questions they want asked in the Pretrial Order. If any
question proposed by an opposing party is objected to, the objection should be
noted in the Pretrial Order.
11. Proposed Jury Instructions / Verdict Form. For a jury trial, proposed jury
instructions are to be in Word and included both in the written Pretrial Order
3
and emailed to the Proposed Order Box. When there is a Seventh Circuit
pattern jury instruction on point, that instruction should be used absent a good
reason for not doing so.
a. Agreed Instructions. The parties are directed to confer and agree upon
jury instructions to the extent possible prior to the submission of the jury
instructions to the Court. Agreed proposed instructions should be
marked as such and shall be numbered consecutively.
b. Disputed Instructions. Proposed instructions that are not agreed shall
be numbered, shall identify the proponent of the instruction, and shall
include supporting authority. Objections to any proposed instructions
must be set forth in writing and shall include supporting authority.
12. Stipulations. A listing of any stipulations agreed to by the parties, including
stipulations regarding the presentation or admissibility of evidence.
13. Settlement Status. A statement summarizing the current status of settlement
negotiations and whether the parties believe a pretrial settlement conference
would be productive.
14. Trial Briefs. Trial briefs are required as part of the Pretrial Order in jury and
bench trials. Any trial briefs shall be limited to 10 pages without leave of court.
Trial briefs are intended to provide full and complete disclosure of the parties’
respective theories of the case. Accordingly, each trial brief shall include the
party’s theory of liability or defense, the party’s theory of damages or other
relief in the event liability is established, and the party’s theory of any
anticipated motion for judgment as a matter of law. The brief shall also include
citations to authorities in support of each theory stated in the brief.
Motions In Limine
The Court will set a schedule for the filing of motions in limine when it sets dates for the
filing of the Pretrial Order. These motions and responses should not be bound with the
Pretrial Order. They should be filed separately on the docket. Two (2) courtesy copies of
any motions in limine shall be delivered to chambers in accordance with the Local Rules.
Judge Harjani discourages the filing of “boilerplate” motions in limine or motions that
address matters not in dispute. Any motion in limine filed by a party must be accompanied
by a statement that the party has conferred with the opposing party and has determined that
the matter upon which a ruling is sought is actually in dispute. If the meet-and-confer
process results in agreement that certain matters are inadmissible or admissible, that
agreement should be memorialized in a stipulation to be provided to Judge Harjani in the
Pretrial Order (see paragraph 12 above) or at the final pretrial conference.
4
Daily/Expedited Transcript and Real-Time Reporting
Any requests for daily or other expedited transcripts and real-time reporting must be made
at least seven (7) days prior to trial.
Instructions for Compiling Final Pretrial Order
Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and
must provide a draft to defendant’s counsel no later than twenty-one (21) days before the
date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s
draft by no later than fourteen (14) days before the Pretrial Order is due, including any
objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the
draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits
and deposition or other prior testimony listed by plaintiff). The parties must meet and
confer by no later than seven (7) days before the Pretrial Order is due to discuss their
respective drafts and to reach agreement to the extent possible. These dates may be varied
only by written agreement of the parties or by order of the Court.
Following the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with
full cooperation from defendant’s counsel, to assemble the Pretrial Order for submission.
The Pretrial Order should be filed on the CM/ECF system with a cover page with the case
caption and the title FINAL PRETRIAL ORDER. The cover document must: (a) recite
that each of the foregoing categories of materials is included, (b) state that “This Order will
control the course of trial and may not be amended except by consent of the parties, or by
order of the Court to prevent manifest injustice,” and (c) provide spaces for the signature
of counsel for each of the parties and the Court.
Pretrial Conferences
The Court will set a date for the final pretrial conference at least three weeks before trial.
The purpose of this conference is to avoid surprises and to simplify the trial. At the
conference, Judge Harjani will address pending motions in limine, objections to witnesses
and exhibits, and contested jury instructions, and will discuss trial procedures and
scheduling. Lead trial counsel fully prepared and with authority to discuss all aspects of
the case must attend. The parties need not attend the pretrial conference unless settlement
will be discussed at the conference. The parties, however, are welcome to attend the
pretrial conference with their attorneys, if they wish to do so.
Jury Selection
The entire venire will enter the courtroom and be sworn in. Jurors will be seated in the jury
box and in the gallery according to the random-order list. The Court, not the parties, will
ask certain background questions of all jurors. Then the Court will ask follow-up questions
5
based on their completed juror questionnaires. After the Court’s questioning, the parties
will have an opportunity to question jurors about their completed questionnaires. The Court
will then go to sidebar to hear challenges for cause and rule on those challenges. The parties
will next submit preemptory challenges in writing simultaneously (overlapping peremptory
challenges count against both sides).
Instructions for Trial Counsel
Your compliance with the following requests will be appreciated:
(i) Please be on time for each court session. Trial engagements take precedence over
any other business. If you have matters in other courtrooms, arrange in advance to
have them continued or have a colleague handle them for you.
(ii) Contact the Systems Department within the Clerk’s Office at least two weeks
before trial if you need assistance with understanding how to operate the courtroom
display technology equipment.
(iii) Court time may not be used for marking exhibits. This must be done in advance of
the court session.
(iv) Please stand whenever you address the court. This includes the making of
objections. (Counsel with physical disabilities will be excused from this
requirement.)
(v) Please speak into the microphone whenever speaking on the record in court. You
may move away during opening and closing arguments but you must speak loudly
or use a portable microphone.
(vi) Please stand when you question witnesses. (Counsel with physical disabilities will
be excused from this requirement.)
(vii) On direct examination, if you intend to question a witness about a group of
documents, avoid delays by having all the documents given to the witness when
you start the examination.
(viii) When you object in the presence of the jury, make your objection short and to the
point. Do not argue the objection in the presence of the jury, and do not argue with
the ruling of the court in the presence of the jury. If the matter is important and
anticipated, raise the issue in the morning prior to the start of the trial.
(ix) Do not ask the court in the presence of the jury to declare that a witness is qualified
as an expert or qualified to express an expert opinion.
6
(x) You must request leave of court to approach a witness to show the witness an
exhibit.
(xi) Do not ask for a recess before cross-examination. If the direct examination should
end at about the time the court would recess anyway, e.g., lunch time, a recess will
be taken. Otherwise, be prepared to commence cross-examination immediately
upon conclusion of the direct.
(xii) Counsel are not permitted to contact jurors after trial without permission of the
Court.
SO ORDERED.
______________________________
Sunil R. Harjani
United States District Judge
Dated: February 17, 2026
7
