Case Management Procedures
Judge Mark A. Beatty
DISCLAIMER
These case management procedures are subject to change without notice. Attorneys and
litigants should always access these case management procedures from the district court
website to ensure that they are viewing the most up-to-date version and should examine
the procedures on a regular basis to stay abreast of the changes.
CONTENTS
• General Matters
• Mandatory Mediation Program
• Rule 16 Conferences
• Rule 26 Disclosures
• Motion Practice
• Discovery Disputes
o Consented Cases
o Discovery disputes referred by a District Judge
• Settlement Conferences
• Trial and Pre-Trial Related Procedures
• Jury Instructions
• Bill of Costs
October 2023 1
General Matters
Proposed Documents Inbox
The Court’s proposed document inbox is
[email protected]. All proposed
documents should be submitted in Microsoft Word format.
Proposed Orders
Litigants need not submit a proposed order in conjunction with their underlying motion
unless specifically asked to do so by the Court.
In prisoner cases when a qualified protective order pursuant to the Health Insurance
Portability and Accountability Act (HIPAA) is requested, we will direct the Clerk’s Office
to enter the standard HIPAA protective order. Counsel does not need to send us a
proposed protective order unless the standard version is inadequate for some reason.
And those reasons should be explicitly stated first thing in the motion asking for the
protective order.
Courtroom Decorum
Attorneys may sit or stand anywhere they desire while addressing the Court, the jury, or
any witness, provided the attorney may clearly be heard. Attorneys who are soft-spoken
will be required to use a portable microphone or the microphone at the podium or
counsel table.
Attorneys must only request permission to approach a witness once and need not seek
permission thereafter.
Time Sensitive Motions
Judge Beatty and his law clerks check docket activity reports for their cases on a daily
basis. They also receive daily NEFs (notices of electronic filing) for certain cases. This
system does not always result in immediate notification as to newly-filed motions. For
this reason, if an attorney e-files an urgent or time-sensitive motion, s/he should phone
the law clerk assigned to the case and alert him/her that the motion has been filed.
Courtesy Copies
Courtesy copies for complex dispositive and non-dispositive motions are appreciated,
but not required. Examples of motions where a courtesy copy (including exhibits) would
be appreciated are cross motions for summary judgment, motions/briefs regarding class
October 2023 2
certification, motions/briefs where the parties have been granted leave to extend the page
limit, or motions with a significant amount of supporting exhibits.
Teleconferences
If the Court orders a teleconference, instructions for participating will be included in the
CM/ECF notice setting the matter. It is each party’s responsibility to follow instructions
and call into the teleconference on time. A failure to call in to the telephone conference
on time, or at all, may result in the teleconference commencing in counsel’s absence.
Counsel should conduct themselves on the teleconference as if they were present in open
Court.
Teleconferences are done for the convenience of the parties. A failure to act appropriately
during a teleconference may result in a revocation of the offending party’s ability to
appear by telephone for future conferences.
October 2023 3
Mandatory Mediation Program
The Court has adopted a Mandatory Mediation Plan (“Plan”). See SDIL-LR 16.3(a);
Administrative Order No. 301. Under the Plan, non-exempt civil cases are referred to the
Court’s Mandatory Mediation Program (“Program”) when a presumptive trial date is
assigned. Other cases may be referred into the Program in the discretion of the presiding
judge or magistrate judge.
Rule 16 Conferences
The Court will schedule a Rule 16 Scheduling and Discovery Conference after the case is
assigned a track. See SDIL-LR 16.1.
The parties are required to meet and confer, consistent with Federal Rule of Civil
Procedure 26(f), at least twenty-one (21) days prior to the scheduling conference. At least
seven (7) days prior to the scheduling conference, the parties must submit a Joint Report
of Parties and Proposed Scheduling and Discovery Order (“Joint Report”) to the Court
via e-mail at
[email protected]. The Joint Report should be submitted using one
of the following forms: (1) Joint Report for Cases Referred to Mandatory Mediation; (2)
Joint Report for Cases not Referred to Mandatory Mediation; or (3) Joint Report for Class
Actions. These forms are also available on the “Forms” page of the District Court’s
website (www.ilsd.uscourts.gov/forms-0).
Absent a specific waiver by the Court, the scheduling conference will occur even though
the Joint Report has been timely submitted.
The Scheduling and Discovery Conference will be telephonic. Instructions for placing the
call will be provided in the Order setting the scheduling conference. If counsel happens
to be present at the courthouse at the time of the conference, counsel is welcome to simply
come to my chambers and participate in that manner. The attorney who is most familiar
with the case should participate.
At the Scheduling and Discovery Conference, counsel will be expected to discuss in detail
all matters covered by FED. R. CIV. P. 16, as well as all matters set forth in their Joint
Report. Counsel should also be prepared to report orally on the matters discussed at their
Rule 26(f) conference and will specifically be asked to report on the potential for
settlement; whether settlement demands or offers have been exchanged, without
revealing the content of any offers or demands; and, suitability for scheduling a
settlement conference.
The Court is mandated to enter a scheduling order and, therefore, very rarely continues
Rule 16 Conferences. Rule 16 Conferences will be held in spite of pending dispositive
motions, such as a motion to dismiss or a motion to remand.
October 2023 4
Rule 26 Disclosures
Federal Rule of Civil Procedure 26 will be strictly enforced. Counsel should keep in mind
the following:
• Rule 26(a)(1) outlines the required initial disclosures, and these must be
supplemented pursuant to Rule 26(e).
• Rule 26(a)(2)(A) refers to all expert disclosures and, again, these must be
supplemented pursuant to Rule 26(e).
• Rule 26(a)(2)(B) addresses retained or specially employed experts. Again, Rule
26(e) requires supplementation.
• Rule 26(a)(3) deals with pretrial disclosures (not discovery) which must be made
at least 30 days before trial. Thus, Rule 26(a)(3) disclosures should be made 30 days
before the first day of the presumptive trial month. Objections are due 14 days
after the disclosures are made. These disclosures (and the objections) shall be filed
electronically with the Clerk of Court. Counsel should bring their Rule 26(a)(3)
disclosures and any objections to the Final Pretrial Conference.
October 2023 5
Motion Practice
Pleadings
All pleadings must be filed with the Clerk’s Office via the Case Management/Electronic
Case Filing (CM/ECF) system.
Responses & Replies
In accordance with Local Rule 7.1(c), Judge Beatty allows 30 days for parties to file
memoranda responding to dispositive motions, post-trial motions, and motions to
remand. For motions other than these, Local Rule 7.1(g) governs response deadlines and
supporting brief requirements.
Response briefs can be no longer than 20 pages, unless written leave of court is obtained.
Reply briefs are strongly discouraged. If filed, reply briefs may be no longer than 5 pages
and must be filed within 14 days of service of the response. See Local Rule 7.1(c).
These deadlines and page limits may be altered by Judge Beatty where appropriate or
necessary in a particular case.
Motion to Compel Discovery
Motions to Compel discovery should not be filed unless the parties are directed to do so
by the Court. Judge Beatty’s procedure for resolving discovery disputes is outlined
below.
Motions in Limine
Motions in Limine shall be filed 21 days prior to the final pretrial conference. Responses
to the motions shall be filed 14 days after the filing of the motion.
If the parties believe that a different briefing schedule is necessary or appropriate, they
may ask the Court (and jointly propose an alternative briefing schedule). The Court is
willing to consider any proposal but does not guarantee any deviation from the above
noted schedule.
Motions in Limine must be filed as a single, consolidated memorandum that presents all
evidentiary issues for which the party seeks a pretrial ruling, rather than filing separate
motions for each evidentiary issue. If a party believes that a particular issue is so complex
or involved that it requires its own standalone motion, they should alert the Court in
advance of the motion deadline and the Court will handle such a request on a case by
case basis.
October 2023 6
Daubert Motions
All Daubert motions (seeking to exclude expert testimony/evidence) must be filed by the
dispositive motion deadline, not the motion in limine deadline. Counsel is ADVISED
that Daubert motions not filed in accord with this deadline will be denied as untimely-
filed.
Motions to Dismiss
In any dismissal motion filed before Judge Beatty, the movant must clearly state: (1) the
specific section under which dismissal is sought, i.e., not just “Rule 12(b)” but “Rule
12(b)(1)” or “Rule 12(b)(6),” etc.; (2) whether dismissal is sought of the complaint, the
entire case, or just certain parties or claims; and (3) whether dismissal is sought with
prejudice or without prejudice.
See Local Rule 7.1(c) for briefing deadlines governing dismissal motions, subject to
modification by Judge Beatty in a particular case.
Motions to Remand
See Local Rule 7.1(c).
Trial Briefs
Trial briefs are not required and should not be filed unless advised by the Court to do so.
Should counsel anticipate any novel or particularly difficult legal issues which will
require extensive arguments outside the hearing of the jury, the Court shall be so advised
at the final pretrial conference. The Court will then determine a time and forum for
resolution of the issues involved and whether counsel will be required to brief the issues
and when.
Oral Argument on Motions
If Judge Beatty determines that oral argument will be helpful in considering the motion,
he will set the matter for hearing. The Courtroom Deputy Clerk will notify all parties of
the date and time for the hearing by entering a Notice in CM/ECF. If any party believes
that oral argument would be helpful to the Court, counsel may file a motion requesting
a hearing or request it within the motion itself. However, a request for oral argument
does not guarantee the Court will set the matter for argument.
October 2023 7
Courtesy Copies
As previously noted in the General Matters, courtesy copies for complex dispositive and
non-dispositive motions are appreciated, but not required. Examples of motions where a
courtesy copy (including exhibits) would be appreciated are cross motions for summary
judgment, motions/briefs regarding class certification, motions/briefs where the parties
have been granted leave to extend the page limit, or motions with a significant amount
of supporting exhibits.
October 2023 8
Discovery Disputes
Consented Cases
The parties are encouraged to resolve discovery disputes informally without Court
intervention. The party seeking the discovery (or to avoid answering or responding to
discovery) must, in good faith, confer or attempt to confer with the other party regarding
the dispute. A good faith effort means more than simply an exchange of letters or e-mails.
It means the parties have also attempted to resolve the dispute through a telephone call
or an in-person meeting. Simply put, the parties are expected to have actually spoken to
one another about the issue in dispute
If the discovery dispute cannot be resolved informally, the parties may seek the Court’s
assistance. The parties should submit a one-page joint statement of the issues. The joint
statement should succinctly state in a non-argumentative fashion the issue(s) in dispute
that require Court intervention. The joint statement should also provide a brief outline of
the attempts the parties have made to resolve the discovery dispute informally. Judge
Beatty will not consider any discovery matter unless the joint statement demonstrates the
parties have made a good faith effort to resolve the dispute on their own.
If written discovery is involved, the parties should submit the actual discovery in dispute
as an attachment to the joint statement. (E.g., if the parties have a dispute over the
Defendant’s objections to Plaintiff’s interrogatories, then the actual interrogatories and
objections that are in dispute should be submitted as an attachment.)
The joint statement of the issues (along with any written discovery) should be sent to the
Court via email to
[email protected] AND must also CC Judge Beatty’s
Courtroom Deputy Clerk, Jennifer Jones, at
[email protected]. Upon
receipt of the joint statement of the issues, the Court will set the matter for a discovery
dispute conference.
If after a reviewing the joint statement of the issues or meeting with the parties in a
discovery conference, the Court believes that written briefing is necessary, then it will set
a briefing schedule. The briefing schedule will be expedited and include page limits (e.g.
seven-day response deadline and a five page limit for briefs).
In appropriate circumstances, and for good cause shown, the Court reserves the right to
award costs (or in referred matters issue a Report and Recommendation for the
imposition of costs) associated with the discovery dispute against the non-prevailing
party.
October 2023 9
Discovery disputes referred by a District Judge
Disputed discovery matters that are referred to Judge Beatty by a district judge for
disposition will be handled on a case by case basis depending on how the district judge
has instructed the parties to proceed.
October 2023 10
Settlement Conferences
All parties must submit settlement statements at least seven (7) days prior to the
settlement conference. Click here for a blank Settlement Statement of Attorney. Settlement
statements are NOT filed in CM/ECF. They should be sent directly to chambers via email
to
[email protected] (both Word format and PDF format are acceptable).
If, during preparation for a settlement conference, one or both of the parties come to
believe that the conference would not be useful, the parties MUST contact chambers by
telephone as soon as possible. Absent an order canceling the settlement conference
however, the conference will be held as scheduled and the parties will still be under an
obligation to timely submit settlement statements.
Attendance at Settlement Conferences in Regular Civil Cases
Judge Beatty requires that lead counsel and the parties attend the settlement conference
in-person. A named individual defendant need not attend if covered by liability
insurance. In that case, an insurance representative with full authority to negotiate and
settle the case must attend. Frequently, an insurance representative appears with
authority only to a certain dollar limit, which is typically insufficient to achieve a
settlement. It then becomes necessary to track down by telephone the person with further
authority so that negotiations can be completed. This is disruptive and inefficient. A good
rule of thumb for litigants trying to select a proper representative is to bring a person
who can agree to any sum demanded/offered by the opposing party without resort to
the telephone.
In employment cases, the defendant(s) should not bring anyone who had any relevant
input in the employment decision(s) that gave rise to the underlying lawsuit. In some
cases, due to the size of the defendant company, this is unavoidable. When it can be
avoided, however, it must be. A good rule of thumb is to leave behind anyone who might
testify at trial concerning the reasons for the employment action taken. Additionally,
corporate counsel is often consulted prior to an employment decision, inextricably
linking them to the event that gave rise to the underlying lawsuit. Therefore, when
possible, corporate counsel should not attend the settlement conference.
Municipalities, counties, and other public entities represented by boards are often sued
in federal court. On many occasions, a quorum of a governing board has appeared at a
settlement conference. This is not problematic so long as Open Meetings Act laws are not
violated. Counsel is urged to take appropriate precautions.
Defendants who appear with nothing but nuisance money may find themselves paying
the cost for plaintiff(s) and plaintiff(s)’ attorneys to attend the settlement conference.
October 2023 11
Attendance at Settlement Conferences in Prisoner Cases
Judge Beatty routinely conducts settlement conferences in cases where the Plaintiff is
incarcerated within the Illinois Department of Corrections. Judge Beatty frequently
conducts multiple settlement conferences in these types of cases in one day. Due to the
frequency with which these conferences occur, Judge Beatty has exempted prisoner civil
rights cases from the requirement that all parties must attend in person. In these cases,
the plaintiff will generally appear at the settlement conference by video. The plaintiff’s
counsel must appear in person and will be able to communicate with his client via the
videoconferencing system in the Courtroom. The Defendants are often prison medical
personnel and/or state employees. Counsel must appear in person for the defendants,
but the named defendants or representative need not appear in person, except in certain
circumstances.
If the parties have any questions as to whether their case qualifies for this exemption,
they should contact chambers prior to the settlement conference.
If the parties believe that an in-person appearance by the plaintiff and/or defendant’s
representative would be beneficial, they should notify chambers prior to the settlement
conference.
October 2023 12
Trial and Pre-Trial Related Procedures
Final Pretrial Order
Counsel shall prepare a Final Pretrial Order using Judge Beatty’s approved form.
Local Rule 16.2(b)(1) provides that the parties shall submit a signed, joint Final Pretrial
Order no later than 3 days prior to the Final Pretrial Conference. Counsel shall e-mail the
Final Pretrial Order to Judge Beatty’s proposed document in-box at:
[email protected]. The parties should put time and effort into drafting the
summary of the case provided in the Final Pretrial Order, as it is often the description of
the case that is read to the jury during voir dire.
Mandatory Exhibit List/Exhibits
NOTE: The parties shall identify the exhibits they intend to use at trial in the disclosures
timely made pursuant to Federal Rule of Civil Procedure 26(a)(3). When possible,
objections filed pursuant to Rule 26(a)(3) will be resolved at the Final Pretrial Conference.
The parties shall bring their Rule 26(a)(3) disclosures and any objections to the Final
Pretrial Conference. The parties shall also bring any exhibit to which there is an objection
to the Final Pretrial Conference.
The parties shall prepare a final Exhibit List using Judge Beatty’s approved form
(Microsoft Excel format). The exhibit list shall be emailed to the Courtroom Deputy
Clerk, Jennifer Jones, at
[email protected], no later than 3 business days
prior to the first day of trial.
If a medical file is submitted in its entirety as an exhibit, then the parties should break
down the specific medical records that they plan to use during trial into subsections using
a letter after the exhibit number. (e.g., 1a, 1b, 1c, 1d, 1e, 1f . . . etc.). No other exhibits
should have a letter after the number. To make the process easier on the parties, Plaintiff's
exhibits shall begin numbering with 1 and continue through 199 and Defendants shall
then begin numbering at 200. Should plaintiff have more than 199 exhibits, please notify
counsel so that defendants’ exhibits can then begin with 300 (instead of 200).
All other exhibits should be pre-marked with arabic numerals for each exhibit. For
instance, Plaintiff’s exhibits should be numbered as Plaintiff’s Exhibit 1, Plaintiff’s Exhibit
2, et seq. Defendant’s exhibits should be pre-marked and numbered sequentially, as
Defendant’s Exhibit 200, Defendant’s Exhibit 201, et seq. Duplicate exhibits are not
permitted. In other words, if an exhibit is offered by Plaintiff, Defendant should not offer
the same exhibit. The goal is to have one set of exhibits.
Other points to note when preparing the exhibit list:
October 2023 13
• Letters should not be used to identify exhibits (i.e., use only 1, 2, 3, 4; do not
use 1, 1A, 1B, 2, 2A—with the exception of the medical file entered in its
entirety).
• Do not designate any exhibits as “group” exhibits.
• Designate multiple page exhibits with one exhibit number, using page
numbers for further identification.
• Do not group sets of multiple photographs. Give each photograph a separate
exhibit number.
• Do not assume that the Court will allow any exhibits to be passed among
jurors. Publication will be handled by evidence presentation technology or by
use of juror notebooks.
The Court encourages the parties to assemble an exhibit book for witnesses to view while
being examined, as this expedites the examination process.
All exhibits shall be submitted to the Courtroom Deputy Clerk, Jennifer Jones, in digital
format either on a thumb drive or CD no later than 3 business days prior to the first day
of trial. The Jury Evidence Recording System (JERS), which will be used by the jury
during deliberations, can accommodate both PDF documents and JPEG files. The parties
are encouraged to schedule a courtroom visit prior to trial to familiarize themselves with
the JERS system and to test any personal laptops that will be used to present evidence.
Specific questions about preparing the exhibit list, submitting exhibits in digital format,
and/or scheduling a courtroom visit should be directed to the Courtroom Deputy Clerk,
Jennifer Jones, by email message to
[email protected] or raised at the
Final Pretrial Conference.
Witness List
The parties shall disclose the names of witnesses as directed by Federal Rule of Civil
Procedure 26(a)(3) and include in the Final Pretrial Order the name of all persons who
may possibly/potentially be called at trial. The list of witnesses in the Final Pretrial Order
may be read to the jury during voir dire. Absent extraordinary circumstances, any person
not included on the list will not be permitted to testify at trial, because his/her name will not
have been disclosed to the potential jurors.
If a different deadline is not set on CM/ECF, then by 12:00 noon on the business day prior
to trial, counsel shall each e-mail a final list of the witnesses they intend to call at trial to
Courtroom Deputy Jennifer Jones at
[email protected]. Questions
regarding the Witness Lists may be addressed to Jennifer Jones at (618) 482-9230.
October 2023 14
Deposition Testimony
The parties shall exchange designations (by page and line numbers) of the portions of
any depositions they wish to be read or played via video to the jury 14 days prior to the
final pretrial conference. They shall exchange objections and counter-designations 7
days prior to the final pretrial conference. The parties shall submit to the Court via e-
mail to
[email protected] the deposition transcripts, or portions thereof,
complete with designations and objections 3 days prior to the final pretrial conference.
Jury Selection
• Jury Questionnaires
Jury questionnaires click here are completed by each venire person before being
placed on a venire panel. The completed questionnaires are placed in binders
according to venire number and provided to each party before jury selection
begins. Questionnaires must be returned to Courtroom Deputy Jennifer Jones after
the jury is selected. Questionnaires are confidential and may not be retained by
any party.
• Voir Dire
Judge Beatty conducts preliminary voir dire which includes many of the basic
questions such as residence, employment, and prior jury service. After Judge
Beatty concludes preliminary questioning, each party may participate in voir dire
separately. Counsel may also submit proposed voir dire questions in writing to
Judge Beatty up until the day before trial begins. Counsel also may request that
Judge Beatty question jurors on certain issues which a party would rather the
Judge ask instead of counsel. In its discretion, the Court may conduct the voir dire
without participation of counsel.
• Selection Methodology
The jury is selected outside the presence of the venire, in open court. Challenges
for cause are entertained first. Then the parties will be permitted to caucus
privately before the process begins for exercising peremptory challenges.
Generally, each side is given 3 peremptory strikes. Plaintiff goes first on odd-
numbered jurors, and Defendant goes first on even-numbered jurors. Back-
striking is not allowed. If there are multiple plaintiffs or defendants, the parties
may move for additional strikes, and the Court in its discretion will consider the
October 2023 15
request. In its discretion, the Court may allow additional peremptory challenges if
the size of the venire permits, after challenges for cause have been determined.
Typically, in civil cases, six jurors and two alternates will be chosen, and all
remaining at the end of closing arguments will participate in deliberations
pursuant to Federal Rule of Civil Procedure 48.
• Jurors
Jurors are permitted to take notes during trial and may refer to them during
deliberations. Jurors are paid a $50 attendance fee and reimbursed for travel to the
courthouse. See the court’s web-site at www.ilsd.uscourts.gov for
information/specifics.
• Assessment of Jury Costs
Local Rule 54.1 allows the Court to assess juror costs (including per diem and
mileage expenses) against one or more parties, if they failed to advise the Court of
the settlement of a case prior to 3:00 p.m. on the last full business day before trial
was scheduled to commence. The Court strives to keep juror costs down, and
assessment of costs will be considered if a jury is brought in unnecessarily.
Nonetheless, the parties are strongly encouraged to pursue settlement up to and
throughout the trial.
Trial Procedure (Non-Prisoner Civil Cases)
• Trial Dates
Judge Beatty assigns newly filed or removed non-prisoner civil cases a
presumptive trial month. Continuances of the presumptive trial month will be
given only in exceptional circumstances.
By Notice issued a few months before the presumptive trial month, a Final Pretrial
Conference will be scheduled approximately 30 days before the first day of the
presumptive trial month. At the Final Pretrial Conference, Judge Beatty will give
the case a firm trial date. No motions to continue will be considered after the firm
trial date is assigned.
• Trial Hours
Trials generally begin at 9:00 a.m., although a different time may be specified by
Order or Notice in a given case.
October 2023 16
Especially as to jury trials, the Court makes every effort to conclude each day by
4:30 p.m. In trials that proceed 9:00 a.m. to 4:30 p.m. daily, an hour lunch break is
taken around noon. Typically, one 15-minute morning break and at least one 15-
minute afternoon break will be taken. Motions, jury instruction conferences, and
other matters may be handled with counsel prior to 9:00 a.m. or after 4:30 p.m., as
directed by Judge Beatty.
• Attorney Availability During Jury Deliberation
Counsel must give the Courtroom Deputy Clerk a telephone number where they
can be reached when the jury indicates it has reached a verdict or has a question.
Counsel should be able to arrive in the courtroom within 10 minutes after being
contacted.
• Post-Verdict Juror Interviews
Counsel may not question jurors after a verdict has been reached, without prior
approval of Judge Beatty.
• Courtroom Audio System
An audio/video system in Judge Beatty’s courtroom transmits live audio from the
courtroom to Judge Beatty’s chambers. Attorneys, witnesses, and anyone
attending court proceedings should be aware that, unless the microphones near
them are deactivated, their statements may be heard in chambers.
October 2023 17
Jury Instructions
Unless this deadline is altered by an Order entered by Judge Beatty in a specific case, the
parties must submit their entire set of proposed jury instructions in Microsoft Word
format to the Court no later than one business day prior to trial. Jury instructions are not
filed with the Clerk of Court. Rather, they are submitted to Judge Beatty’s chambers via
email message to
[email protected].
Each instruction should be marked to designate the party offering the instruction (e.g.,
“Plaintiff’s Instruction No. 1”) and the source of the instruction (e.g., “Seventh Circuit
Pattern Instruction No. 1.01”). Plaintiff is primarily responsible for the burden of proof
instructions, the damage instructions, the verdict instructions, and the verdict forms.
Defendant is primarily responsible for the cautionary instructions. The parties should
work together in an effort to produce one set of proposed instructions. If the parties are
unable to agree on certain instructions, each party may submit a version of the contested
instructions.
The Court will compile a packet of proposed final instructions and give the instructions
to the parties during trial before a formal jury instruction conference is held. It is not
necessary to submit both “marked” and “clean” instructions. Once the final set of
instructions has been approved, the Court will remove the annotations from the
instructions. Each juror will receive a copy of the final instructions.
In non-diversity cases, the Court prefers the Seventh Circuit Pattern Jury Instructions. In
cases where the Court sits in diversity, the Seventh Circuit Pattern Jury Instructions
should be used for the preliminary and cautionary instructions, and the IPI or comparable
state instructions will be used for the substantive law.
October 2023 18
Bill of Costs
Federal Rule of Civil Procedure 54(d)(1) provides that costs (other than attorneys’ fees)
shall be allowed “as of course” to the prevailing party, unless the District Court otherwise
directs. Rule 54(d)(1) further provides that such costs may be taxed by the Clerk of Court
“on 14 days’ notice.” Pursuant to Local Rule 54.2, opposing counsel will be allowed 14
days (from the date the Bill of Costs is filed in this Court) to file any objections. If no
objections are filed within that 14-day period, the Clerk of Court will tax the appropriate
costs. If objections are timely-filed, the matter will be reviewed and resolved by Judge
Beatty.
October 2023 19
