CIVIL MANAGEMENT PROCEDURES
Judge David W. Dugan
● Case Management Order
● Conflicts of Interest
● Status Conferences
● Mandatory Mediation Program
● Settlement Conferences
● Motion Practice
● Jury Selection
● Trial Procedure (Non-Prisoner Civil Cases)
● Bills of Costs
● Courtroom Technology Features and Usage Guidelines
● Courtroom Demeanor
● Guidelines for Remote Appearances
● Timeliness
● Organization of Trial Materials
● Disclaimer and Notice
● Case Management/Electronic Case Filing System
● Communication with the Court
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Case Tracking and Related Case Management Matters
After the first appearance of a defendant or default date, whichever occurs first, Judge
Dugan will enter a Trial Practice and Procedures Order (Appendix G) assigning a track
and a trial date. See Local Rule 16.1. Upon entry of this order, Judge Dugan will also
docket an Order Setting the Rule 16 Scheduling and Discovery Conference; an Order
Referring the Case to Mediation (if appropriate); and a Case Management Order,
providing guidance regarding Discovery Disputes, Rule 26(a) Disclosures, Motions in
Limine, Daubert Motions, Motions to Dismiss, Trial Briefs, the Final Pretrial Order,
Exhibit and Witness Lists, and Jury Instructions.
Conflicts of Interest
In order for Judge Dugan to quickly identify potential conflicts of interest, all parties must
comply with Federal Rule of Civil Procedure 7.1 and Local Rule 7.1-1.
Status Conferences
Generally, after a scheduling order is entered, the Court will set the case for a status
conference following the dispositive motion deadline. If at any time during the pendency
of the litigation the parties believe that an additional status conference would be
beneficial, they may request one by filing a motion.
Motion Practice
All motions will be considered by Judge Dugan except in rare instances or because of
emergency in which case a motion may be referred to a Magistrate Judge. The parties will
be advised if a motion has been referred to a Magistrate Judge for disposition via the Case
Management/Electronic Case Filing (CM/ECF) system.
● Form, Content, & Deadlines
Please consult Local Rule 7.1(a) and (b). Please note that deadlines and page limits
specified in Local Rule 7.1(a) and (b) may be altered by Judge Dugan, where
appropriate or necessary in a particular case.
● Oral Argument on Motions
Please consult Local Rule 7.1(c).
Parties should note that Judge Dugan, in his discretion, may sua sponte set motions
for hearing but does not do so in every case. The Courtroom Deputy Clerk will
notify all parties by entering a Notice in CM/ECF when a hearing is set. Hearings
on motions will take place in-person in East St. Louis unless otherwise indicated by
the Court.
In addition, the Court is aware that the opportunities for inexperienced
attorneys to participate in courtroom advocacy have diminished over the past
years. The Court believes that courtroom experience is often important to the
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training of the less experienced attorneys. Therefore, to facilitate the training of
the less experienced attorneys, the Court welcomes requests for oral argument
of motions to further the active participation of any relatively inexperienced
attorneys.
● Teleconferences/Video Conferences
If the Court orders a teleconference or video conference, instructions for
participating will be included in the CM/ECF notice setting the matter. In the rare
case where the Court orders the parties to arrange a teleconference, counsel is
responsible for setting up the teleconference with a professional teleconference
provider, the cost of which shall be shared by the parties equally, unless Judge
Dugan orders otherwise.
Note: For more information regarding remote appearances in Judge Dugan’s
courtroom, see the “Miscellaneous” section below.
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 Dana Winkeler
after the jury is selected. Questionnaires are confidential and may not be retained
by any party.
● Voir Dire
Judge Dugan conducts preliminary voir dire which also includes some
demographic and qualification questions. After Judge Dugan concludes
preliminary questioning, each party may participate, with limitations imposed by
the Court, in voir dire separately. Counsel also may request that Judge Dugan
question jurors on certain issues that may be sensitive or 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. In light of privacy concerns, counsel
should only refer to prospective jurors by their juror number.
● 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.
Please consult Federal Rule of Civil Procedure 47 and 28 U.S.C. § 1870 for
information regarding preemptory challenges.
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Please consult Federal Rule of Civil Procedure 48 for information regarding the
number of jurors, unanimity of verdict, and juror polling.
● 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 website 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 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 jurors are caused to appear unnecessarily.
Nonetheless, the parties are strongly encouraged to pursue settlement up to and
throughout the trial.
Trial Procedure (Non-Prisoner Civil Cases)
● Firm Trial Dates
Judge Dugan assigns newly filed or removed non-prisoner civil cases a firm trial
date. Continuances of the trial date will be given only in exceptional circumstances.
● Trial Hours
Trials generally begin at 8:30 a.m., although a different time may be specified by
Order or Notice in a given case. Generally, Judge Dugan expects counsel to arrive
30 minutes prior to the trial’s scheduled start time.
Especially as to jury trials, the Court makes every effort to conclude each day no
later than 4:30 p.m.
Motions, jury instruction conferences, and other matters may be handled with
counsel before the jury arrives or after the jury has been dismissed for the day, as
directed by Judge Dugan. During trial, counsel is strongly encouraged to bring to
the attention of the Court any matter requiring its immediate consideration so as
to avoid the unnecessary of delay of trial or unnecessary juror wait time.
Additionally, motions filed on the eve of trial that could have been filed before or
at the time of the final pre-trial conference will not be viewed favorably.
● Attorney Conference Room
A conference room is available near Judge Dugan’s courtroom for attorney-client
or attorney-witness consultation. Please see Judge Dugan’s Courtroom Security
Officer or courtroom personnel for access.
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● 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 Dugan.
● Courtroom Audio System
An audio/video system in Judge Dugan’s courtroom transmits live audio/video
from the courtroom to Judge Dugan’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.
Note: For information regarding the Courtroom Technology System in Judge
Dugan’s courtroom, see the “Courtroom Technology Features and Usage
Guidelines” section below.
Bills of Cost
Federal Rule of Civil Procedure 54(d)(1) provides that costs (other than attorneys’ fees)
shall be allowed 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 Dugan.
Courtroom Technology Features and Usage Guidelines
The courtroom technology system can broadcast video and audio content from a variety
of sources/devices to all areas of the courtroom. The flexibility to support a myriad of
devices and content types comes at the expense of a “plug and play” approach. In other
words, connecting your unique device and displaying your unique content may require
some slight configuration changes to your device. Therefore, it is strongly recommended
that you communicate with the court’s IT department regarding your evidence
presentation intent PRIOR to your court appearance. (Counsel can call Courtroom
Deputy Dana Winkeler at (618) 482-9012 and coordinate contact with the IT department.)
● Document Camera (aka “Elmo” Camera)
o The courtroom is equipped with an electronic camera (“ELMO”) that can
be used to display physical documents or objects to electronic viewing
monitors disbursed throughout all areas of the courtroom.
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● Computing Devices(i.e., laptops and mobile devices)
o The courtroom is equipped with “connector inputs” at three locations
(prosecution table, defense table, and presentation cart) to facilitate the
connection of any electronic computing device having a VGA or HDMI
output connector on that computing device. Once connected, the entire
screen and the audio output of the device can be broadcast to the electronic
viewing monitors and speakers disbursed throughout all areas of the
courtroom.
● Video Conferencing
o The courtroom is equipped with a video conferencing system that can be
used to connect to outside parties and simultaneously broadcast that
outside parties’ image and audio throughout the entire courtroom.
NOTE: The outside party must have access to very specific video
conferencing equipment OR have a laptop with a webcam attached along
with a special software package installed that is downloaded from the
court. Participants wishing to video conference must make arrangements in
advance and conduct a test with the court’s IT department.
● Annotation
o The courtroom has a touch screen monitor with annotation features located
at the presentation cart and at the witness box. This device can be used to
annotate “on top of” any video image being displayed from any device
connected to the system. The annotations display to the electronic viewing
monitors disbursed throughout all areas of the courtroom.
● Audio Conferencing
o The courtroom is equipped with an audio-conferencing system that can be
used to allow multiple outside parties to communicate with the courtroom
via telephone. The outside party audio can be broadcast to the courtroom.
Courtroom Demeanor
During trial, attorneys are encouraged to stand at either counsel table or the podium
while addressing the Court, the jury, or any witness.
Attorneys and litigants are at all times expected to be respectful to the witnesses, jurors,
Courtroom staff and the Court. In the event that an attorney or litigant disagrees with a
statement or ruling of the Court, there exist ample avenues on which to seek
reconsideration or review of any such statement or ruling. While in the Courtroom or in
the presence of any juror, other expressions or physical manifestations of disagreement
or displeasure with the Court or its rulings (such as “rolling of the eyes”, “huffing” or
“puffing”, etc.) are inappropriate and will likely result in the imposition of sanctions.
Attorneys who are soft-spoken will be required to use the microphone at the counsel table
or podium. Attorneys need not seek permission to approach a witness. Side-bar
conferences are permitted only in extraordinary circumstances.
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It is expected that all evidentiary objections be made by stating in a short and concise
manner the nature of the objection and the specific Federal Rule of Evidence on which
the objection is based. Speaking objections will not be tolerated.
Guidelines for Remote Appearances
Remote proceedings are official court proceedings. All participants must maintain
appropriate demeanor and decorum at all times. Appropriate attire is mandatory for any
remote appearance before the Court. A participant should dress for a remote proceeding
as if he or she were attending the proceeding in the courtroom. Flagrant disregard of this
requirement may lead to the exclusion of the participant from the hearing. No participant
may, without written authority from the Court, record, copy, broadcast, live-stream or
otherwise electronically duplicate any remote proceeding.
Timeliness
It is expected that all attorneys, litigants and witnesses be on time for each court session.
The proponent of a witness shall ensure the timely appearance of any such witness
Trial engagements take precedence over any other business. If you have matters in other
courtrooms, arrange in advance for the handling of such matters by you or have an
associate handle them for you.
One guiding principle for all jury trials is that the jurors’ time must not be wasted. The
jurors should go home from every day of trial with the feeling that they have had a good,
solid day of progress toward conclusion of their service and that the parties and their
lawyers did not waste their time. In keeping with this principle, attorneys and litigants
are expected to move the presentation of their case-in-chief forward in a way so as to
minimize any unnecessary delay. Further, if an issue or motion arises during trial that must
be addressed immediately, it should be brought to the Court at the beginning or close of
business, or during a break, so as not to unnecessarily increase the jury’s wait time.
Organization of Trial Materials
Judge Dugan has specific preferences for how documents and other trial materials should
be organized and provided to the Court and to the jury. If a case is proceeding to trial,
Judge Dugan’s courtroom deputy will provide the parties with additional information
regarding his directives for these matters. This includes but is not limited to the handling
of exhibits, deposition transcripts, and video or audio presentations. The Court expects the
parties to comply with these directives as if set forth fully herein.
Case Management/Electronic Case Filing System
The Court’s CM/ECF system requires electronic filing of all pleadings, with a few narrow
exceptions. Additionally, the Court’s Orders are sent to the parties electronically rather
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than by regular mail. Participation in CM/ECF is mandatory.
While Judge Dugan and his law clerks run daily reports for their cases, they do not always
receive immediate notification of newly filed motions. For this reason, if an attorney e-
files an urgent or time-sensitive motion (such as a motion to continue a setting set on
the following day), s/he should call the chambers mainline ((618) 482-9225) and request
to speak with the law clerk assigned to the case or call Courtroom Deputy Dana
Winkeler ((618) 482-9012) to inform chambers that the motion has been filed.
Communication with the Court
Attorneys and litigants ordinarily should communicate only by motion or memorandum.
Urgent matters or general inquiries can be sent by email message to
[email protected] (with a copy to all counsel of record); the message will be
forwarded to the appropriate person in chambers.
Ex parte oral communications with the Court on substantive matters in a pending case
are prohibited.
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