PREPARATION OF FINAL PRETRIAL ORDER
FOR CIVIL CASES BEFORE JUDGE BUCKLO
The parties shall jointly prepare and submit, on the date set by the
court, a Final Pretrial Order containing the following , absent prior
modification by the court:
1. Jurisdiction: A concise statement of subject matter
jurisdiction, and if jurisdiction is disputed, the nature and basis of
the dispute.
2. Claims. A concise statement (1 or 2 short paragraphs) of
the claim (s) of the plaintiff(s), defense(s) of defendant(s), and
all counterclaims and cross claims. In a jury trial, this statement
will be read to the jury during voir dire.
3. Relief sought. An itemization of damages and other relief
sought.
4. Witnesses. A list of names and addresses of all witnesses:
(a) who will be called; (b) who may be called; and (c) whose deposition
will be used. In a jury trial, this list will be read to the jury during
voir dire. Any witness not listed in the final 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 may be necessary.
a. Objections. A statement of any objections to the calling
of any witness. Objections not made in the final pretrial order
will be deemed waived absent a showing of good cause.
b. Expert witnesses. A statement of the subject(s) of each
expert witness'expertise, and a statement of any objections to the
calling or qualifications of the witness (Daubert objections must
be noted in the final pretrial order but should be set forth in
a separate motion in limine.) Objections not made in the final
pretrial order will be deemed waived absent a showing of good cause.
c. Depositions. For each witness whose deposition will be
used, a chart containing the following information: (a) a listing,
by page and line, of the testimony that each side seeks to present;
(b) a concise statement of objections to any testimony and the basis
for the objection; and (c) a concise statement of the asserted basis
of admissibility. Objections not made in the final pretrial order
will be deemed waived absent a showing of good cause.
5. Exhibits. A schedule of all exhibits a party may introduce at
trial, as well as any demonstrative exhibits or evidence, identified by
trial exhibit number , with a brief description of each exhibit. Any
exhibit not listed in the final 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 final pretrial order will be
deemed waived absent a showing of good cause.
b. Copies for court. A bench book of each party's exhibits
is to be delivered to the court at the start of trial .
c. Exhibits to be displayed to jury. If any 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.
6. 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.
7. Settlement History. A statement briefly summarizing the
history and current status of settlement negotiations.
8. Proposed findings and conclusions. For a bench trial, proposed
findings of fact and conclusions of law. At trial, each party shall
also submit via email its proposed findings and conclusions.
9. Proposed voir dire. For a jury trial, proposed voir dire.
Judge Bucklo has her own set of general voir dire questions, which can
be obtained from chambers or this court's web page. These questions need
not be duplicated in the final pretrial order. The parties are to submit
any proposed objections, modifications, and additions to these general
questions , as well as any proposed voir dire specific to the case.
10. Proposed jury instructions. For a jury trial, proposed jury
instructions. For general instructions, please use the Seventh Circuit’s
Pattern Civil Jury Instructions, which can be found on that Court's
website, www.ca7.uscourts.gov. In diversity cases where Illinois law
provides the rule of decision, the use of IPI instructions as to issues
of substantive law is required.
a. Joint instructions. The parties shall submit one set of
jury instructions. Where there is disagreement, the objection, with
citation to authority, shall be listed immediately following the
instruction. If necessary, a competing instruction shall be placed
with the instruction upon which there is disagreement.
b. Electronic submission. At trial, the parties shall
submit via email their joint set of jury instructions which
incorporates the court's c hanges.
Other Items to be Submitted Prior to Final Pretrial Conference
Any motions in limine must be filed and served along with the final
pretrial order. The motions should not be bound with the final pretrial
order. Any responses must be filed and served no later than fourteen
(14) days thereafter.
Trial briefs are not expected by the court and will not be
accepted absent prior leave of court.
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Any requests for daily or other expedited transcripts must be made
directly to Judge Bucklo 's court reporter 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 final pretrial order and must provide a draft to defendant's
counsel no later than twenty-one (21) days before the date the final
pretrial order is due. Defendant's counsel must respond in writing to
plain ti ff’s draft no later than fourteen (14) days before the final
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 and exhibit lists, and
objections to exhibits and deposition testimony listed by plaintiff).
The parties must meet and confer no later than seven (7) days before
the final pretrial order is due to discuss their respective drafts and
to reach agreement to the extent possible. It is then the responsibility
of plaintiff's counsel, with full cooperation from defendant’s counsel,
to assemble the final pretrial order for filing.
The final pretrial order should be submitted to the court with a
cover document setting forth 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) must state that “This
order will control the course of the trial and may not be amended except
by consent of the parties, or by order of the court to prevent manifest
injustice"; and (c) must be signed by counsel for each of the parties and
contain a space for the court’s signature.
Final Pretrial Conference
A final pretrial conference will be held before trial. The court will
address pending motions in limine, objections to witnesses and
exhibits, and contested jury instructions, and it will discuss trial
procedures and scheduling. Trial counsel fully prepared and with
authority to discuss all aspects of the case must attend.
ENTER ORDER:
Elaine E . Bucklo
United States District Judge
July 19, 2017 (revised)
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