CASE MANAGEMENT PROCEDURES1
Judge Nancy J. Rosenstengel
TABLE OF CONTENTS
General Matters
• Case Management/Electronic Case Filing System
• Proposed Documents
• Courtroom Demeanor
• Communication with the Court
• Disclaimer and Notice
Civil Cases
• Conflicts of Interest
• Mandatory Mediation
• Rule 16 Conference
• Discovery Disputes
• Settlement Conferences
• Rule 26 Disclosures
• Motion Practice
• Final Pretrial Order
• Mandatory Exhibit List
• Witness List
• Deposition Testimony
• Jury Selection
• Trial Procedure for Non-Prisoner Civil Cases
• Jury Instructions
• Bill of Costs
• Pretrial Checklist
1
Revised February 2024
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Criminal Cases
• Motion Practice
• Final Pretrial Conference
• Jury Selection
• Trial Procedure
• Mandatory Exhibit List
• Witness List
• Jury Instructions
• Correspondence with the Court
Courtroom Technology
• Courtroom Technology Features and Usage Guidelines
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GENERAL MATTERS
Case Management/Electronic Case Filing System
The Court’s Case Management/Electronic Case Filing System (“CM/ECF”) requires
electronic filing of all pleadings, with a few narrow exceptions. Additionally, the Court’s
Orders are sent to the parties electronically rather than by regular mail. Participation in
CM/ECF by attorneys is mandatory.
While Judge Rosenstengel and her 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 files an urgent or time-sensitive motion (such as a motion to continue a hearing
set on the following day), they should call chambers at (618) 482-9172 and alert a member
of Judge Rosenstengel’s chambers staff that the motion has been filed.
Proposed Documents
The Court’s proposed document inbox is
[email protected]. All proposed
documents should be submitted in Microsoft Word format, double spaced, in 12-point
Book Antiqua font.
Litigants are not required submit a proposed order in conjunction with a motion unless
directed to do so by the Court or by the Local Rules.
Courtroom Demeanor
Attorneys may sit or stand anywhere they desire while addressing the Court, the jury, or
any witness, providing the attorney may clearly be heard. Attorneys may be required to
use a portable microphone or the microphone at the podium or counsel table. Attorneys
need not seek permission to approach a witness.
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) and 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. Please do not call chambers to inquire about the status of a pending
motion that is not urgent or time sensitive.
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Disclaimer and Notice
To the extent Judge Rosenstengel’s preferences conflict with the Federal Rules of Criminal
and Civil Procedure, the Rules govern.
Counsel also should note that the district’s Local Rules went through extensive review
and changes in 2023. The revised Local Rules became effective October 30, 2023. The Local
Rules are available here.
CIVIL CASES
Conflicts of Interest
In order for Judge Rosenstengel to quickly identify potential conflicts of interest, all
counsel for non-governmental parties must disclose interested parties and affiliates in
accordance with Federal Rule of Civil Procedure 7.1. Counsel shall update this
information as necessary throughout the pendency of the action.
Additionally, for all cases other than class actions, counsel shall list all parties in the
caption of pleadings, so Judge Rosenstengel can assess whether any possible basis for
disqualification exists.
Mandatory Mediation
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 when a presumptive trial date is assigned. Other
cases may be referred into the program at the discretion of the presiding judge.
Additional information and required forms are available here.
Rule 16 Conference
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, in accordance with Federal Rule of Civil
Procedure 26(f), at least 21 days prior to the Rule 16 Scheduling and Discovery
Conference.
At least seven 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:
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(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.
The Scheduling and Discovery Conference will be telephonic. Instructions for placing the
call will be provided in the Order setting the scheduling conference. The attorney who is
most familiar with the case should participate.
The purpose of the Scheduling and Discovery Conference is to identify and plan to deal
with novel or difficult discovery issues and to discuss other matters relevant to resolving
the litigation.
The Court is mandated to enter a scheduling order and, therefore, very rarely cancels
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.
Discovery Disputes
Judge Rosenstengel handles discovery disputes in her cases (they are not referred to a
Magistrate Judge). The parties are encouraged to resolve discovery disputes informally
without Court intervention. Only if a party can certify that it made, or attempted to make,
a good faith effort to resolve the discovery dispute may that party contact the Court
regarding the dispute.
In most situations counsel should file a motion to compel discovery, precisely stating the
disputed issue and attaching any relevant documents. The Court will then order a
response and, if necessary, set the matter for hearing.
Objections to questions during depositions should be concisely stated on the record to be
resolved at a later date. Calls to chambers during a deposition are strongly discouraged.
In appropriate circumstances, and for good cause shown, the Court reserves the right to
award costs associated with the discovery dispute against the non-prevailing party.
Settlement Conferences
At this time, the Court does not routinely set settlement conferences. The parties
are strongly encouraged to pursue private mediation pursuant to the Court’s
Mediation Program. If requested by counsel, in some cases, such as when a party appears
pro se, Judge Rosenstengel may ask the Court Attorney, a trained mediator, or a
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Magistrate Judge to conduct a settlement conference or, if all parties consent, Judge
Rosenstengel will conduct the settlement conference herself.
Rule 26 Disclosures
Federal Rule of Civil Procedure 26 will be strictly enforced. Counsel should keep in mind
the following:
• Rule 26(a)(1) specifies 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). Judge Rosenstengel
requires Rule 26(a)(3) disclosures to be made at least 30 days before the first
day of the presumptive trial month.
• Objections are due 14 days after the disclosures are made. The disclosures and
any objections shall be filed on the docket.
• Counsel should bring their Rule 26(a)(3) disclosures and any objections to the
Final Pretrial Conference.
Motion Practice
Except in rare situations or emergencies, all motions will be handled by Judge
Rosenstengel. The parties will be advised if a motion has been referred to a Magistrate
Judge for disposition via CM/ECF.
• Pleadings
All pleadings must be filed with the Clerk’s Office via the Case Management/
Electronic Case Filing (CM/ECF) system.
• Responses, and Replies
In accordance with Local Rule 7.1(b)(1), Judge Rosenstengel allows 30 days for
parties to respond to dispositive motions, post-trial motions, and motions to
remand.
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For any other motion, Local Rule 7.1(b)(2) governs response deadlines and
supporting brief requirements.
Responsive memoranda can be no longer than 20 pages, unless written leave of
court is obtained. If filed, reply briefs may be no longer than five pages and must
be filed within 14 days of service of the response. See SDIL-LR 7.1(c).
These deadlines and page limits may be altered by Judge Rosenstengel, where
appropriate or necessary in a particular case.
• Courtesy Copies
Courtesy copies for complex dispositive motions (e.g. cross motions for summary
judgment or motions where the parties have been granted leave to exceed the page
limit) are appreciated, but not required. The Court prefers courtesy copies to be
printed after a pleading is filed with the CM/ECF header stamp on the document.
• Oral Argument on Motions
Local Rule 7.1(c) addresses oral argument on motions. Judge Rosenstengel may set
dispositive motions for hearing but does not do so in every case. The parties will
be notified by an electronic notice in CM/ECF when a hearing is set. As set forth
in Rule 7.1(c), counsel may file a motion requesting a hearing if oral argument on
any motion is desired.
Judge Rosenstengel encourages the active participation of relatively inexperienced
attorneys in all courtroom proceedings, particularly with respect to oral argument
on motions where that attorney drafted or contributed significantly to the briefing
on the motion but recognizes, of course, that there may be many circumstances in
which it is not practical for a newer attorney to argue a motion. Thus, the Court
emphasizes that it draws no inference from a party’s decision not to have a newer
attorney argue any motion before the Court. The Court likewise will draw no
inference about the importance of any motion, or the merits of a party’s argument
regarding the motion, from the party’s decision to have (or not to have) a newer
attorney argue the motion.
• Teleconferences and 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. Pursuant
to First Amended Administrative Order No. 349, Judge Rosenstengel may
authorize live remote public access to the non-testimonial portion of a civil non-
trial proceeding.
In the rare instance where the Court orders the parties to arrange a teleconference,
counsel are responsible for setting up the teleconference with a professional
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teleconference provider, the cost of which shall be shared by the parties equally,
unless Judge Rosenstengel orders otherwise.
• Motions in Limine
It is not necessary to file motions in limine before the Final Pretrial Conference.
Judge Rosenstengel will set a deadline for all motions in limine at the Final Pretrial
Conference. Given the nature of motions in limine, failure to file motions by the
deadline generally will not prejudice a party’s ability to move in limine before the
jury is impaneled. Later-filed motions may be stricken, however, if their
consideration would delay the start of trial.
• 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 Rosenstengel, 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 Rosenstengel via Order in a particular case.
• Motions to Remand
See Local Rule 7.1(b).
• Trial Briefs
Trial Briefs are not required. If filed, they are due 14 calendar days before the first
day of trial. Trial briefs should not be used to rehash issues previously rejected by
the Court via ruling on a dispositive motion.
Final Pretrial Order
Counsel shall prepare a Final Pretrial Order using Judge Rosenstengel’s approved form.
This form is different from those used by other Judges.
Local Rule 16.2(b)(1) provides that the parties shall submit a signed, joint Final Pretrial
Order no later than three days prior to the Final Pretrial Conference.
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Counsel shall e-mail the Final Pretrial Order to Judge Rosenstengel’s proposed document
inbox at:
[email protected]. The parties shall put effort into drafting the summary
of the case provided in the Final Pretrial Order, as it is usually the description that is read
to the jury during voir dire and in the preliminary jury instructions (prepared by Judge
Rosenstengel).
Mandatory Exhibit List
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 prepare an Exhibit List using Judge Rosenstengel’s approved form (a
revision of AO Form 187). All 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, etc. Defendant’s exhibits should be pre-marked and numbered
sequentially, following Plaintiff’s exhibits, as Defendant’s Exhibit 3, Defendant’s Exhibit
4, etc. 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:
• Letters should not be used to identify exhibits (i.e., use only 1, 2, 3, 4; do
not use 1, 1A, 1B, 2, 2A).
• 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 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 parties are encouraged to assemble an exhibit book for witnesses to view while being
examined, as this expedites the examination process.
Judge Rosenstengel uses the Jury Evidence Recording System (JERS) to allow evidence
admitted at trial to be viewed electronically by the jury during deliberations. JERS
reduces the need to handle physical evidence while allowing the jury to view evidence
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multiple times, play audio and video recordings, and zoom in on pictures and
documents.
Unless otherwise ordered by the Court, counsel shall email their Exhibit List to
Courtroom Deputy Deana Brinkley,
[email protected], by noon on
the business day prior to trial. Questions regarding the Exhibit List may be addressed
to Ms. Brinkley at (618) 482-9342.
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
witness not included on the list will not be permitted to testify at trial, because their name
will not have been disclosed to the potential jurors.
Unless otherwise ordered by the Court, final witness lists shall be emailed to
Courtroom Deputy Deana Brinkley,
[email protected], by noon on
the business day prior to trial. Questions regarding the Witness Lists may be
addressed to Ms. Brinkley at (618) 482-9342.
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
seven days prior to the Final Pretrial Conference. The parties shall submit to the Court
via email to
[email protected] the deposition transcripts, or portions thereof,
complete with designations and objections three days prior to the Final Pretrial
Conference.
Jury Selection
• Jury Questionnaires
Jury Questionnaires 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 Deana Brinkley after the
jury is selected. Questionnaires are confidential and may not be retained by any
party.
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• Voir Dire
Judge Rosenstengel conducts preliminary voir dire, which includes many of the
basic questions such as residence, employment, and prior jury service. After Judge
Rosenstengel concludes her preliminary questioning, each party may participate
in voir dire separately. Counsel may request that Judge Rosenstengel question
jurors on certain issues that a party would rather the Judge ask instead of counsel.
In light of privacy concerns, counsel should only refer to prospective jurors by
their juror number. Jurors will be offered the opportunity to speak privately with
the Court and 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 three 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. 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 jurors 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 an attendance fee and reimbursed for travel to the
courthouse. See the court’s website at https://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 fail to advise the Court of the
settlement of a case prior to 3 p.m. on the last full business day before trial is
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 encouraged to pursue settlement up to and
throughout the trial.
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Trial Procedure (Non-Prisoner Civil Cases)
• Trial Dates
Judge Rosenstengel 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 for good cause shown.
A Final Pretrial Conference will be scheduled to take place 30 to 60 days before the
first day of the presumptive trial month. At the Final Pretrial Conference, Judge
Rosenstengel will give the case a firm trial date. No motions for continuance will
be considered after the firm trial date is assigned.
• Trial Hours
Trials generally begin at 9 a.m., although a different time may be specified by
Order or Notice in a given case.
Especially as to jury trials, the Court makes every effort to conclude each day no
later than 5 p.m. Because there are limited dining options near the East St. Louis
courthouse for jurors, a 75-minute lunch break is normally taken around noon.
Typically, one 15-minute morning break and at least one 15-minute afternoon
break will be taken. When possible, Judge Rosenstengel will provide lunch to
jurors which allows for a shorter, 30-minute lunch break.
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 Rosenstengel.
• Attorney Conference Room
A conference room is available near Judge Rosenstengel’s courtroom for attorney-
client or attorney-witness consultation. Please contact Courtroom Deputy Clerk
Deana Brinkley at
[email protected] or (618) 482-9342 prior to
trial to reserve a conference room.
• 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 Rosenstengel.
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• Courtroom Audio System
An audio system in Judge Rosenstengel’s courtroom transmits live audio from the
courtroom to Judge Rosenstengel’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
Rosenstengel’s courtroom, see below.
Jury Instructions
Unless this deadline is altered by an Order entered by Judge Rosenstengel 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 noon the Friday before trial is set to begin.
Jury instructions are not filed with the Clerk of Court. Rather, they are submitted to Judge
Rosenstengel’s chambers via email 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.
Bill of Costs
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
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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 Rosenstengel.
Pretrial Checklist
A checklist of important pretrial deadlines for civil cases pending before Judge
Rosenstengel is available here for convenience.
CRIMINAL CASES
Motion Practice
When filing motions, parties should follow the Federal Rules of Criminal Procedure and
adhere to the strict deadlines set in the Order Regarding Pretrial Discovery and Motion
Practice issued by the Magistrate Judge at arraignment.
• Motions to Continue
Any motion to continue trial should delineate a sufficient basis for the Court to
determine whether the ends of justice served by the requested continuance clearly
outweigh the interests of the public and the defendant in a speedy trial, so as to
toll the “clock” under the Speedy Trial Act, 18 U.S.C. 3161(h). A motion to continue
should address whether opposing counsel (including, in multi-defendant cases,
counsel for any non-moving defendant) object(s) to the requested continuance.
Motions to continue may be filed under seal, where appropriate.
• Motions to Dismiss, Motions to Suppress, Motions in Limine
Generally, motions to dismiss indictments and motions to suppress evidence will
be set for hearing. If Judge Rosenstengel determines that a hearing is needed on
other motions, the Courtroom Deputy Clerk will notify counsel by entering an
electronic notice of hearing.
Motions to dismiss indictments and motions to suppress evidence must be filed
with a supporting memorandum. The supporting memorandum may be
combined with the motion in a single pleading or filed separately.
Motions in limine may (but need not) be filed with supporting memorandum or
highlighted caselaw. As mentioned above, motions to suppress must be filed by
the deadline imposed in the Magistrate Judge’s Order for Pretrial Discovery.
Counsel are cautioned that this is an early deadline.
In contrast to civil cases, motions in limine in Judge Rosenstengel’s criminal cases
must be filed no later than 21 calendar days before the Final Pretrial Conference.
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Responses to motions in limine must be filed within 14 days after service of the
motion. Cognizant of the Seventh Circuit’s concerns regarding the issuance of
rulings on motions in limine on the morning trial commences, see e.g., United States
v. Buckner, 91 F.3d 34 (7th Cir. 1996), Judge Rosenstengel will attempt to rule on
such motions in advance of trial. At times, however, it may be necessary to reserve
ruling on motions in limine. The Court will set a hearing where helpful or necessary
to resolve issues raised by the motions in limine.
Final Pretrial Conference
A Final Pretrial Conference will be set one to two weeks before the trial date. At the Final
Pretrial Conference, the parties may address any issues relevant to the trial, including the
anticipated length of trial, any anticipated evidentiary issues with respect to witnesses or
exhibits, and/or issues relating to the jury instructions.
If the defendant elects to enter a plea of guilty, counsel should contact the Courtroom
Deputy Clerk, Deana Brinkley, at
[email protected] or (618) 482-9342 to
arrange for a change of plea hearing.
Jury Selection
• Jury Questionnaires
Jury questionnaires 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 Clerk Deana Brinkley after
the jury is selected. Questionnaires are confidential and may not be retained by
any party.
• Voir Dire
Judge Rosenstengel conducts preliminary voir dire, which includes many of the
basic questions such as residence, employment, and prior jury service. After Judge
Rosenstengel concludes her preliminary questioning, each party may participate
in voir dire separately. Counsel may request that Judge Rosenstengel question
jurors on certain issues that a party would rather the Judge ask instead of counsel.
In light of privacy concerns, counsel should only refer to prospective jurors by
their juror number. Jurors will be offered the opportunity to speak privately with
the Court and 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 striking process begins.
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Generally, in a noncapital felony case, the government will be given six peremptory
challenges, and the defendant or defendants jointly shall have 10 peremptory
challenges. See Federal Rule of Criminal Procedure 24(b). Additional peremptory
challenges will be permitted if/and depending on the number of alternate jurors
are seated. 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, 12 jurors will be chosen, and one or two alternate jurors will also be
selected, depending on the length of the trial.
• Jurors
Jurors are permitted to take notes during trial and may refer to them during
deliberations. Jurors are paid an attendance fee and reimbursed for travel to the
courthouse. See the court’s website at www.ilsd.uscourts.gov for information.
Trial Procedure
• Firm Trial Dates
The Court sets and enforces firm trial dates in criminal cases. If a criminal case is
not reached for trial on the date originally set, a new firm trial date will be set in
compliance with the Speedy Trial Act. The Court places upon the Government
the obligation to determine includable and excludable days in making Speedy
Trial Act calculations and to notify the Court of any potential Speedy Trial
problems.
• Trial Hours
Trials generally begin at 9 a.m., although a different time may be specified by
Order or Notice in a given case.
Especially as to jury trials, the Court makes every effort to conclude each day no
later than 5 p.m. Because there are limited dining options near the East St. Louis
courthouse for jurors, a 75-minute lunch break is normally taken around noon.
Typically, one 15-minute morning break and at least one 15-minute afternoon
break will be taken. When possible, Judge Rosenstengel will provide lunch to
jurors which allows for a shorter, 30-minute lunch break.
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 Rosenstengel.
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• Attorney Conference Room
A conference room is available near Judge Rosenstengel’s courtroom for attorney-
client or attorney-witness consultation. Please contact Courtroom Deputy Clerk
Deana Brinkley at
[email protected] or (618) 482-9342 prior to
trial to reserve a conference room.
• 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 Rosenstengel.
• Courtroom Audio System
Judge Rosenstengel’s courtroom transmits live audio from the courtroom to Judge
Rosenstengel’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 Courtroom Technology System in Judge
Rosenstengel’s courtroom, see below.
Mandatory Exhibit List
The parties shall prepare an Exhibit List using Judge Rosenstengel’s approved form (a
revision of AO Form 187). Using the form, each party shall state the number and give a
brief description of each exhibit they expect to present at trial. The Government’s exhibits
should be pre-marked and numbered as USA’s Exhibit 1, USA’s Exhibit 2, etc.
Defendant’s Exhibits should be pre-marked and numbered as Defendant’s Exhibit 1,
Defendant’s Exhibit 2, etc.. Letters should not be used to identify exhibits, unless the letter
designates a sub-part of a numbered exhibit (e.g., Defendant’s Exhibit 17A & 17B).
Other points to note when preparing the exhibit list:
• Letters should not be used to identify exhibits (i.e., use only 1, 2, 3, 4; do
not use 1, 1A, 1B, 2, 2A).
• 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 multiple photographs. Give each photograph a separate
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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.
Finally, the Court encourages the parties to assemble an exhibit book for witnesses to
view while being examined, as this expedites the examination process.
By noon on the business day prior to trial, counsel shall e-mail the Exhibit List (in Word
format) to Courtroom Deputy Deana Brinkley. Questions regarding the Exhibit List may
be addressed to Deana Brinkley at (618) 482-9342.
Witness Lists
Unless otherwise ordered by the Court, final witness lists shall be emailed to Courtroom
Deputy Deana Brinkley,
[email protected], by noon on the business
day prior to trial. Questions regarding the Witness Lists may be addressed to Deana
Brinkley at (618) 482-9342.
Jury Instructions
The parties must submit a complete set of proposed jury instructions to the Court no later
than noon on the Friday before the first day of trial, unless directed otherwise by the
Court in a particular case. Questions regarding the deadline for submitting proposed
instructions may be addressed to the law clerk assigned to that case.
Jury instructions are not filed with the Clerk of Court. Rather, they are submitted to Judge
Rosenstengel’s chambers via email message to
[email protected].
Each instruction should be marked to designate the party offering the instruction (e.g.,
“Government’s Instruction No. 1”) and the source of the instruction (e.g., “Seventh Circuit
Pattern Instruction No. 1.01”). Counsel should designate the instruction as modified (e.g.,
“Seventh Circuit Pattern No. MODIFIED”), if the instruction has been modified in any
way whatsoever. 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.
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Correspondence with the Court
Absent exigent or special circumstances, defendants in criminal cases shall not attempt
to contact, correspond with, or send letters directly to Judge Rosenstengel. All out-of-
court communication with Judge Rosenstengel should be made through counsel via
motion. Any correspondence received will be filed in CM/ECF as a sealed document.
COURTROOM TECHNOLOGY
Courtroom Technology Features and User 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 Deana Brinkley at (618) 482-9342 and coordinate contact with the IT department.)
• Document Camera (aka “ELMO” camera)
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.
• Computing Devices (i.e., laptops and mobile devices)
The courtroom is equipped with “connector inputs” at three locations (each
counsel table and the 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
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.
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• Annotation
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
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.
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