JUDGE SARA L. ELLIS
FINAL PRETRIAL ORDERS – CIVIL JURY TRIALS
In all civil jury trials scheduled before Judge Ellis, the parties shall jointly prepare and submit a
final pretrial order. In each case, the Court will set the date in advance of trial on which the
parties must file the final pretrial order. The final pretrial order (including the Court’s two
courtesy copies) must include the following items:
1. Jurisdiction:
A statement of the basis for the Court’s jurisdiction.
2. Trial Attorneys:
A list of the attorneys trying the case, including business addresses and telephone
numbers.
3. Case Statement:
A concise agreed statement of the case, including:
(a) the nature of the case;
(b) the claims, counterclaims and cross-claims; and
(c) the defenses raised to those claims.
The Court will read this statement to the jury during voir dire.
4. Witness Lists:
Separate lists for plaintiff and defendant providing the names of witnesses,
including expert witnesses, divided into the following three categories:
(a) witnesses who will be called to testify at trial:
(b) witnesses who may be called to testify at trial; and
(c) witnesses whose testimony a party will present by deposition or other
prior testimony (indicating whether the presentation will be by transcript
or video).
For each witness, provide a very concise (2 or 3 sentences) description of the
witness and the witness’s role in the case. For example: “George Washington is
Plaintiff’s cousin. Washington witnessed the arrest of Plaintiff where Defendants
allegedly used excessive force.” Or: “John Adams is Defendant’s Chief
Operating Officer. Adams made promises concerning the timing of payments
under the contract at issue in the case.”
The Court will read the names of witnesses on the lists during voir dire.
5. Exhibit Lists:
A list by each side of all exhibits the party will definitely use at trial (including
demonstratives, summaries of other specially prepared exhibits), which includes
the following:
(a) the exhibit number for each document;
(b) the date of the document;
(c) a brief description of the document and a concise statement of the
exhibit’s relevance;
(d) whether there is an objection to admission of the document and, if so, a
concise statement of the basis for the objection (e.g., Rule 402—
relevance; Rule 403—undue prejudice or confusion); and
(e) a concise statement of the asserted basis of admissibility, if there is an
objection.
At least one week before the pretrial conference, the parties must provide the
court with two sets of exhibit binders containing copies of the objected-to
representative exhibits. If the representative exhibits require more than a single
binder, the parties must contact the Court’s courtroom deputy to explain why
additional binders are required. After the pretrial conference and rulings on
exhibits, two binders of the final exhibits will be required.
Note: There is no need to list every conceivable exhibit that can possibly be used.
The parties should submit a list of trial exhibits they definitely intend to introduce.
Exhibits not likely to be used need not be listed. 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. Absent 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/document was earlier produced to the
opposing side during discovery.
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6. Damage Itemization:
An itemization of damages and other relief sought.
7. Motions in Limine:
Unless otherwise ordered, all motions in limine must be filed three weeks before
the filing of the pretrial order. Responses are due one week before the filing of
the pretrial order. No replies will be filed unless ordered by the Court. The
parties are directed to meet and confer on all motions in limine before filing them.
Parties filing motions in limine should submit their initial motions and the
supporting exhibits in one document for the Court. Responses to motions in
limine should also be submitted in one document.
8. Voir Dire Questions:
The parties must file a joint document that includes both:
(a) each party’s proposed voir dire questions; and
(b) each party’s objections, if any, to the voir dire questions proposed by the
other parties.
9. Jury Instructions:
The parties are instructed to meet and attempt to agree on jury instructions and to
file proposed instructions before filing the pretrial order. The Court uses the 7th
Circuit Pattern Jury Instructions where applicable. If the parties wish to modify a
7th Circuit Pattern Jury Instruction, the party proposing the modification must
submit a redline to the Court showing the modification to the pattern instruction.
The parties should concentrate their efforts on the substantive jury instructions
related to the merits.
The parties must submit all agreed and proposed jury instructions with the final
pretrial order. Each proposed instruction must indicate the proponent of the
instruction and whether the instruction is agreed or disputed. The bottom of each
instruction must identify the legal authority supporting the instruction. If an
instruction is disputed, the grounds for the objection (and any proposed
modification or alternate instruction) must be concisely stated on the same page
immediately following the disputed instruction. The party proposing the
instruction may then state concisely the reasons supporting the instruction as
proposed.
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10. Trial Briefs:
The Court does not require trial briefs in jury trials. Parties who wish to file a
trial brief must seek leave of the Court to do so.
11. Evidence Projection Systems:
The Court has a limited number of evidence projection systems, which may or
may not be available. 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 Alexander Zeier, the Courtroom Technology Administrator.
He may be reached at (312) 435-6045. Parties will be permitted to use their own
evidence projection systems, upon reasonable terms, if a request is made in
advance of trial.
12. Final Pretrial Conference:
A Final Pretrial Conference will be held approximately one to three weeks before
trial. The purpose of this conference will be to avoid surprises and to simplify the
trial. At the conference, the Court will address any pending motions in limine,
objections to witnesses and exhibits, contested jury instructions, trial procedures,
and scheduling matters. Lead trial counsel fully prepared and with authority to
discuss all aspects of the case must attend.
Dated: December 2, 2015 ENTER:
SARA L. ELLIS
United States District Judge
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