PRACTICES AND PROCEDURES BEFORE
HON. CRYSTAL S. WILDEMAN
Counsel are expected to have read and to comply with these Practices and
Procedures. Counsel may seek modification of any part of these Practices and
Procedures as appropriate in a specific case. The Court may also alter them as
appropriate in any case. These Practices and Procedures may be updated
periodically, and the parties are responsible for checking the court’s website to
ensure they are following the most current version throughout the pendency of the
case. Inquiries should be directed to the Courtroom Deputy Clerk, Tricia Blanford,
at 812-434-6420.
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INDEX
I. General Courtroom Expectations ................................................................ - 3 -
II. Motions Practice .............................................................................................. - 3 -
A. Filing Motions with Supporting Briefs and Exhibits .................................... - 3 -
III. Rule 12 Motions ................................................................................................ - 3 -
A. Summary Judgment Motions ......................................................................... - 4 -
B. Motions for Preliminary Injunctive Relief ..................................................... - 5 -
C. Oral Argument ................................................................................................ - 5 -
IV. Trial .................................................................................................................... - 6 -
A. Final Pretrial Conference ............................................................................... - 6 -
B. The Venire and Voir Dire................................................................................ - 7 -
C. Opening Statements and Closing Argument ................................................. - 7 -
D. Examination of Witnesses .............................................................................. - 8 -
E. Difficult Issues—Advance Notice ................................................................... - 9 -
F. Stipulations ..................................................................................................... - 9 -
G. Use of Depositions ........................................................................................... - 9 -
H. Exhibits ......................................................................................................... - 11 -
I. Jury Instructions and Verdict Forms ........................................................... - 13 -
J. Jurors............................................................................................................. - 13 -
K. Logistics and Housekeeping ......................................................................... - 14 -
L. Facilities ........................................................................................................ - 15 -
M. Transcripts .................................................................................................... - 16 -
APPENDIX A: FILING EXHIBITS AND PROPER CITATIONS………………………….. - 17 -
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I. General Courtroom Expectations
A. Know the Federal Rules of Civil Procedure and/or Criminal Procedure,
Federal Rules of Evidence, and the Local Rules of the United States District
Court for the Southern District of Indiana.
B. All Counsel appearing before the Court must have a proper appearance on
file in accordance with Local Rule 83-7. Only Counsel of record will be
allowed to sit at counsel tables in the well of the courtroom.
C. Stand when speaking. Use the lectern (except for brief objections during
testimony).
D. Address the Court, not opposing counsel.
E. Conversation when opposing counsel is questioning or arguing must not be
distracting to others.
F. Silence your cell phones and similar devices and do not use them when court
is in session. This includes disabling notifications from voice-prompted
virtual assistants and other features that may spontaneously interject.
II. Motions Practice
A. Filing Motions with Supporting Briefs and Exhibits
Motions and exhibits must be filed before supporting briefs so that the briefs’
citations refer back to the motions’ and exhibits’ docket numbers. Exhibits may
be attached to the motion, as Appendix A shows, or filed separately. If filed
separately, the motion must be filed before the exhibits.
When electronically filing exhibits, number the exhibits and add a descriptive
identifier. E.g., “Exh. 1 – Smith Dep.” Or “Exh. 3 – Smith Employment
Agreement” instead of just “Exhibit 1” or “Exhibit 3.”
See Appendix A to these Practices and Procedures for examples of proper
descriptive identifiers for electronically filed exhibits.
III. Rule 12 Motions
Plaintiffs may generally amend their complaints “once as a matter of course”
within “21 days after service of a motion under Rule 12(b), (e), or (f).” Fed. R.
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Civ. P. 15(a)(1). When a complaint is amended, the Court’s standard practice is
to deny a Rule 12 motion without prejudice as moot.
A. Summary Judgment Motions
1. Counsel planning to move for summary judgment must contact counsel for
the other parties to determine if any other party also plans to move for
summary judgment.
2. If opposing parties plan to move for summary judgment, the following
modified briefing process applies:
a. Motion and Brief in Support by Party A (limited to 35 pages);
b. Cross-Motion, Brief in Support, and Response in Opposition by Party B
(limited to 55 pages);
c. Reply in Support of Motion and Response in Opposition to Cross-
Motion by Party A (limited to 40 pages);
d. Reply in Support of Cross-Motion by Party B (limited to 20 pages).
3. In other situations, or if a party believes that a different process is
appropriate, counsel may file a motion with a proposed briefing process
that states the position of all other counsel.
4. Motions to exceed page limitations are disfavored. Similarly, “[c]ollateral
motions in the summary judgment process, such as motions to strike, are
disfavored. Any dispute regarding the admissibility or effect of evidence
should be addressed in the briefs.” L.R. 56-1(i).
5. Briefs on Summary Judgment shall comply with Local Rule 56-1(e):
A party must support each fact the party asserts in a brief
with citation to a discovery response, a deposition, an
affidavit, or other admissible evidence. The evidence must
be in the record or in an appendix similarly specify where
the relevant information can be found in the supporting
evidence.
See also Fed. R. Civ. P. 56(e). Parties therefore must specifically cite
evidence for each fact in the fact and argument sections. Unsupported
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facts may be disregarded. See Bluestein v. Cent. Wis. Anesthesiology, S.C.,
769 F.3d 944 n.1 (7th Cir. 2014).
6. For Citation Form, see Appendix A to these Practices and Procedures for
examples of proper citation format. In a supporting brief, cite the docket
number, the attachment number (if any), and the .pdf page number. For
example:
Mr. Smith signed an employment agreement with ABC Corporation on
May 1, 2012. (Dkt. 42-8 at 5).
That citation would refer to page five of attachment eight to the item
filed as docket number 42.
B. Motions for Preliminary Injunctive Relief
Motions for a temporary restraining order or preliminary injunction must
address each requirement in Federal Rule of Civil Procedure 65. Counsel
should also address:
1. When the alleged irreparable harm will occur.
2. Whether discovery will be required, with a brief explanation of the
discovery sought.
3. Whether counsel seeks an evidentiary hearing or argument hearing.
4. A proposed timeline for any discovery, hearings, and rulings.
C. Oral Argument
Oral argument on civil motions will be considered. Parties should confer
about whether oral argument is desired and file a joint motion requesting
consideration of oral argument with the pertinent motion.
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IV. Trial
A. Final Pretrial Conference
1. Counsel shall meet and confer before the final pretrial conference to
attempt to agree on items in the final pretrial order and below.
2. Counsel must be prepared to address any pending motions, objections,
and issues related to voir dire and jury instructions at the final pretrial
conference.
3. About four weeks before the final pretrial conference, the Court will issue
an order setting deadlines for certain filings. Those deadlines are intended
to be consistent with CMP deadlines, but if they differ, the order controls.
4. The parties are expected to work together to prepare the filings required
by the final pretrial order.
5. Motions in limine should be filed as one document numerically listing
each issue to be addressed. The opposing party must respond to each issue
with either “no objection,” or “objection” with supporting argument.
6. The agenda for the final pretrial conference typically includes the
following items:
a. Discuss voir dire process, length of opening statements, and length of
closing arguments.
b. Review witness lists to determine who will testify and the subjects of
their testimony.
c. Discuss stipulations.
d. Review exhibit lists and discuss admissibility objections. Bring copies
of proposed exhibits to conference.
e. Discuss testimony that will be offered through a deposition.
f. Discuss motions in limine and objections.
g. Discuss preliminary instructions and objections.
h. Discuss status of final jury instructions, objections, and verdict forms.
i. In civil cases, discuss status of possible settlement.
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B. The Venire and Voir Dire
1. Copies of questionnaires that the venire has completed will be available to
counsel the business day (usually a Friday) before the trial starts. As soon
as the jury has been chosen, the questionnaires must be returned to the
Courtroom Deputy.
2. A seating chart will be available the morning of trial
3. Jurors are assigned numbers and must always be referred to by Juror
Number rather than name
4. The Court will question the entire panel. The Courts proposed questions
will be provided to counsel before the final pretrial conference. The Court
will ask follow-up questions as appropriate and may allow counsel to ask
follow-up questions to individual responses.
5. After the Court concludes its voir dire, Counsel may have a brief
opportunity to question the panel. Counsel conducting voir dire should do
so standing at the lectern. Examples of inappropriate voir dire include
argument and asking jurors if they will be able to enter a verdict of so
many dollars.
6. In civil cases, each side will have at least three peremptory challenges for
the entire venire; the exact number will be addressed at the final pretrial
conference. After all challenges, the appropriate number of jurors will be
chosen in order of lowest draw numbers.
7. The Court ordinarily seats eight jurors, but typically no less than seven.
There are no alternate jurors in civil cases—all seated jurors will be
deliberate.
C. Opening Statements and Closing Argument
1. Counsel should stand at the lectern during the opening statement and
closing argument.
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2. The amount of time for opening statements will ordinarily be set at the
final pretrial conference, and the amount for closing arguments will be set
at trial.
3. When opposing counsel is speaking, never divert the attention of the
Court or the jury. Instruct clients and witnesses accordingly.
4. During opening statements, do not use an exhibit without the Court’s
approval unless admissibility is stipulated.
5. Confine opening statements to what you expect the evidence to show. It is
not proper to use the opening statement to argue the case, to instruct as to
the law, or to express counsel’s personal opinion.
6. If Plaintiff is going to suggest a damages number to the jury in closing
argument, it must be stated in the opening segment of the argument so
that Defendant can respond.
7. Closing arguments must be based on the evidence and reasonable
inferences from the evidence. Do not attack opposing counsel, offer
personal beliefs or opinions, or make arguments likely to inflame passion
or prejudice. Know what is proper in closing argument. See United States
v. Klebig, 600 F.3d 700, 718–19 (7th Cir. 2009).
D. Examination of Witnesses
1. Witnesses are to be asked questions; argument and/or editorial
commentary will not be tolerated.
2. Do not display an exhibit to the jury until it has been admitted into
evidence.
3. Counsel shall examine witnesses from the lectern.
4. Stand when making objections.
5. When making an objection, state only that you are objecting and specify
the ground or grounds for that objection.
6. Objections must be brief and shall not recapitulate testimony or attempt
to guide the witness.
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7. The Court will ordinarily ask for a brief response from opposing counsel.
Counsel shall not argue further without permission.
8. Only the attorney who handles the direct examination of a witness may
offer objections when other counsel is examining the witness. Only the
attorney who will cross-examine a witness may raise objections during the
direct examination.
E. Difficult Issues—Advance Notice
If counsel anticipates that any question of law or evidence is not routine, will
provoke an extensive argument, or will require a proffer outside the presence
of the jury, counsel should confer and attempt to resolve the matter. If
agreement is not possible, counsel should give advance notice to the Court to
allow for appropriate scheduling of sufficient time to handle the issue.
F. Stipulations
1. Stipulations concerning exhibit admissibility and authenticity, as well as
stipulations of fact, are expected.
2. The preferred exhibit stipulation for jury trials is that exhibits are
admissible and may be used at any place in the trial.
3. The preferred exhibit stipulation for bench trials is that exhibits are
admissible and may be used at any place in the trial. Only exhibits
mentioned during the trial will be considered as having be admitted into
evidence unless the parties specifically stipulate otherwise.
G. Use of Depositions
1. When referring a witness to prior testimony, be clear whether you are
doing so to refresh recollection or to impeach.
2. When a deposition is read for impeachment, the relevant excerpts must be
identified orally for the record by line and page reference. Counsel should
ordinarily allow the witness to read the excerpts after the identification
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has been made for the record. A deposition used for impeachment need not
be filed or marked as an exhibit.
3. Confer with opposing counsel to edit depositions to be used at trial,
including video depositions, and remove unnecessary material.
4. The portions of a deposition to be read at trial shall be marked on the
original transcript and the original transcript shall be marked as an
exhibit and offered as an exhibit at trial. However, the exhibit shall not be
included with the exhibits provided to the jury for its deliberations.
5. If a video deposition is to be shown at trial, both the video and the original
transcript of the deposition (with the portions to be shown marked) shall
be marked and offered as exhibits, but shall not be included with the
exhibits provided to the jury for its deliberations.
6. If a deposition is to be read at trial other than for impeachment, the party
seeking to use the deposition shall place a person in the witness box and
read the selected questions, with the person in the box reading the
answers of the deposed witness to those questions.
7. If a deposition is to be used at trial other than for impeachment and
objections were made at the deposition, counsel should confer before the
final pretrial conference, and any disputed issues will be addressed at the
final pretrial conference.
8. The parties should stipulate, if possible, that the reading of depositions
not be taken by the reporter.
9. Summaries of deposition transcripts are acceptable only by stipulation.
10. Medical experts who routinely examine and treat patients in their
practices and who have been deposed in a case will be presumed
“unavailable” for in-court testimony under Fed. R. Civ. P. 32(a)(4) so that
their deposition testimony may be offered into evidence at trial in that
case by any party. This presumption applies even if their deposition
testimony is being offered as firsthand observations rather than as expert
opinion. This presumption is to avoid inconvenience and delay to jurors,
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health care providers, and patients caused by the scheduling of in-court
testimony. If a party objects to this presumption and the admissibility of
deposition testimony instead of in-court testimony, a written objection
must be filed at least 30 days before the trial date. A party opposing such
an objection can still attempt to demonstrate under Fed. R. Civ. P. 32 that
the deposition testimony ought to be admitted.
H. Exhibits
1. All exhibits should be identified by number only (“Exhibit 1” as opposed to
“Plaintiff’s Exhibit 1” for example). Counsel shall confer and agree from
the beginning of discovery on a numbering system that avoids confusion
and duplication. The recommended numbering system marks the first
deposition exhibit No. 1 and so on up to No. 8, for example, for the last
one. The first new exhibit in the second deposition should be marked No. 9
and so on. Thus, for example, the employment contract would be the same
exhibit with the same number for all depositions. Then, the same exhibit
numbers would be used for trial purposes. Numbers for trial exhibits need
not be consecutive.
2. Counsel should move for the admission of stipulated exhibits at the
beginning of trial. Other exhibits should be offered in evidence when they
become admissible, rather than at the end of a witness’s testimony or
counsel’s case.
3. Counsel shall prepare three binders with the documentary exhibits for the
Court. Oversized exhibits may be excluded. Details for providing exhibits
will be discussed the final pretrial conference.
4. Demonstrative exhibits should be shown to opposing counsel before trial.
The parties must object to a demonstrative exhibit at the first
opportunity. Only unopposed demonstrative exhibits may be shown to the
jury without leave of Court.
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5. During trial, exhibits admitted into evidence are kept on the table in front
of the jury box or at the witness stand if exhibits are contained in a
notebook or notebooks. Each counsel is responsible for exhibits taken from
the table or the witness stand. At each recess or adjournment, return all
exhibits to the table or witness stand. Exhibits which have been offered
but not admitted are also part of the record of the case and are kept by the
Courtroom Deputy.
6. Each counsel shall keep a list of admitted exhibits. Counsel and the
Courtroom Deputy shall confer at the close of evidence to ensure that only
admitted exhibits are being sent to the jury.
7. If an exhibit must be marked for identification in open court, counsel
should state for the record what they are doing and briefly describe the
nature of the exhibit. Counsel should not expect the Court to provide
exhibit labels.
8. When counsel or witnesses refer to an exhibit, mention should also be
made of the exhibit number so that the record will be clear.
9. When maps, diagrams, pictures, or similar materials are used as exhibits,
and locations or features on such documents are being pointed out by
witnesses or counsel, those locations should be appropriately marked on
the documents if they are not clear from the exhibits themselves.
Unnecessary markings should be avoided. Counsel may use exhibits with
overlays or moveable parts. Markings on exhibits should be made only
after conferring with opposing counsel and receiving the Court’s
permission. Counsel should describe the markings for the record.
10. When counsel expect to offer answers to interrogatories or requests for
admissions extracted from separate documents, prepare copies of the
individual materials in advance. The copies should only be the particular
interrogatory or request to admit with the caption and signature page.
These materials should ordinarily be the subject of stipulations.
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11. If a document is not in the exhibit binders but may be admitted into
evidence, have an appropriate number of copies on three-hole punched
paper, so that if admitted, the exhibits may be distributed to the Court,
opposing counsel, and the Courtroom Deputy for inclusion in binders.
12. Each page of each exhibit should have an identifying number.
13. If deposition exhibits will be referred to at trial, either during
impeachment or from reading a transcript or showing a video, and their
numbering system is not consistent with the numbering system used at
trial, the parties should create a stipulation containing a cross-reference
to trial exhibit numbers and any deposition exhibits.
14. If oversized exhibits are to be used, counsel must make arrangements
with the Courtroom Deputy at least two weeks before trial.
15. Be sure there is a proper line of sight for the jury, Court, witness, and
counsel when using easels, over-sized exhibits, and models.
16. Demonstrative exhibits are not sent to the jury room for deliberations
unless the parties agree otherwise.
I. Jury Instructions and Verdict Forms
1. Proposed jury instructions and verdict forms must be filed and served.
2. Proposed instructions must cite their source and supporting authority.
3. The Court will hold an instructions conference during trial, generally near
the conclusion of the evidence and at a time that will not inconvenience
the jury. The Court will provide draft instructions and verdict forms to
counsel before the conference.
4. Ordinarily, the Court will read the final jury instructions to the jury after
closing arguments.
J. Jurors
1. Do not exhibit familiarity with witnesses, jurors, or opposing counsel. No
juror should be addressed individually or by name.
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2. No person in the courtroom should ever exhibit, by facial expression,
bodily movement, or other conduct, any opinion—e.g., surprise, happiness,
disbelief, or displeasure—about any testimony, argument, or ruling.
Counsel should admonish their clients and witnesses to avoid such
behavior. Counsel will be held to a stricter standard in this regard.
Visitors who cannot abide by this requirement will be asked to leave the
courtroom.
3. Jurors are permitted to take notes in notebooks, which will accompany
them during their deliberations.
K. Logistics and Housekeeping
1. Do not ask the Court Reporter to mark testimony. All requests for re-
reading of questions or answers should be addressed to the Court.
2. After trial has begun, documents should be filed electronically or given to
the Courtroom Deputy—not the Clerk’s office—for filing.
3. On trial days, the jury will typically be brought in at 9:00 a.m. On the first
day of trial, counsel are expected to be in the courtroom by 8:00 a.m. The
time will vary on subsequent days based on whether matters must be
addressed outside the presence of the jury. A typical trial day will include
a midmorning break, lunch around noon, and a midafternoon break with
the jury leaving around 5:00 p.m. Counsel should alert the Court
whenever any witness must be held over until the next day.
4. Promptness is expected from counsel and witnesses. Inform the
Courtroom Deputy of any anticipated scheduling problems.
5. If a witness was on the stand at a recess or adjournment, that witness
should be on the stand ready to proceed when Court is resumed.
6. If the conclusion of a witness’s testimony is followed by a recess or
adjournment, the next witness should be ready to take the stand when
trial resumes.
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7. If a witness’s testimony is expected to be brief, have the next witness
immediately available, ordinarily in the witness room.
8. Do not run out of witnesses.
9. The Court attempts to cooperate with the schedules of non-party
witnesses and will consider permitting them to testify out of sequence.
Discuss that possibility with opposing counsel and advise the Courtroom
Deputy, including whether there is an objection.
10. If both parties expect to call a witness, the Court will usually require all
questioning of the witness when called in the Plaintiff’s case. If a party
believes nonleading questions should be asked of the witness, leave can be
requested under Federal Rule of Evidence 611.
L. Facilities
1. Counsel should make arrangements with the Courtroom Deputy before
trial begins to learn what equipment is available for use in the courtroom.
In the event counsel need wifi access, counsel should arrange for hot spot
access; the Court does not provide reliable wifi access.
2. If counsel wish to use one of the Video Evidence Presentation Systems
(“VEPS”) owned by the Southern District of Indiana, counsel must
coordinate with the Courtroom Deputy at least three weeks before trial. If
a VEPS is not available, counsel will need to provide any equipment.
3. Counsel should discuss with the Courtroom Deputy whether a witness
room will be available. If available, witnesses should generally be asked to
report to a witness room.
4. Chambers’ supplies, including the copier, are not available to counsel.
Counsel should not enter chambers or the jury room unless asked to do so
by Court staff.
5. Cell phones must be on silent or vibrate-only in the courtroom. When
Court is in session, cell phones may be used only for text messages and
only to coordinate witnesses and other trial logistics.
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6. On trial days, the courtroom will be opened by 8:00 a.m., but can be
opened earlier if coordinated in advance with the Courtroom Deputy.
7. The courtroom may not be locked during the noon recess (unless by
agreement of all parties), and Court staff will not be present to watch any
materials left in the courtroom.
8. The courtroom will be locked overnight.
9. Food and drinks are not allowed in the courtroom, except water.
M. Transcripts
1. Daily transcripts of testimony must be arranged, at least two weeks before
trial, directly with the Court Reporter.
2. Transcripts of Court proceedings must be arranged with the Court
Reporter, preferably before the start of the proceeding.
3. Before trial, counsel shall provide the Court Reporter with a list of words,
terms, technical terminology, proper names, acronyms, and case citations
that would not be found in a typical spell check.
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APPENDIX A: FILING EXHIBITS AND PROPER CITATIONS
Step 1: Filing Exhibits
- Motions and exhibits must be filed before supporting briefs so the brief’s
citations refer back to the motion’s and exhibits’ docket numbers. Exhibits
may be attached to the motion, as shown below, or filed separately. If filed
separately, the motion must be filed before the exhibits.
- If filing an opening brief. First, electronically file the motion, attaching any
exhibits that will be cited in the supporting brief:
06/10/2024 25 MOTION for Summary Judgment, filed by Plaintiff JOHN
SMITH. (Attachments: #1 Exhibit 1 Smith Aff., #2 Exhibit 2
Smith Dep. Excerpts) (Brown, Steven) (Entered 06/10/2024)
- If filing a response, reply or surreply with exhibits: First, file an appendix or
index of exhibits, attaching any exhibits that will be cited in the supporting
brief:
06/28/2024 32 Appendix of Exhibits in Support of RESPONSE in Opposition
re 25 MOTION for Summary Judgment, filed by Defendant
ABC Corp. (Attachments: #1 Ex. A: Smith Dep. Transcript, #2
Ex. B: Smith Dep. Exhibits 1-5, #3 Ex. C: Smith Employment
Agreement, #4 Ex. D: Jackson Decl. with Exhibits 1-3)
(White, Tina) (Entered 06/28/2024)
- When electronically filing exhibits, number the exhibits and add a descriptive
identifier. E.g., “Ex. 1 – Smith Dep.” or “Ex. 3 – Smith Employment
Agreement” instead of just “Exhibit 1” or “Exhibit 3.”
Attachment Description
1 Exhibit A: Smith Dep. Transcript 46 pages 4.0 mb
2 Exhibit B: Smith Dep. Exhibits 1-5 29 pages 3.5 mb
3 Exhibit C: Smith Employment Agreement 19 pages 1.8 mb
4 Exhibit D: Jackson Decl. with Exhibits 1-3 22 pages 2.0 mb
- If a party relies on a deposition excerpt, the cited pages—and at least the
three pages immediately preceding and following—must be included as an
exhibit.
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Step 2: Citing Exhibits
- Briefs must cite the docket number, the attachment number (if any), and the
.pdf page number as it appears in the header at the to of the previously filed
exhibit. For example:
Mr. Smith Signed an employment agreement with ABC Corporation on
May 4, 2020. (Dkt. 32-3 at 5).
That citation would refer to page 5 of the attachment three to the item filed
at docket number 32.
- When citing deposition transcripts, cite the specific page and line numbers of
the deposition in addition to the docket number and page number citation
format set forth above. For example:
Case 3:24-cv-00123-CSW-ABC Document 32-1 Filed 06/28/24 Page 16 of 46 PageID #: 789
1 at ABC Corp. for a long time.
2 Q Have you held any jobs since leaving ABC Corp., or have you been
3 unemployed from your departure until now?
4 A I haven't had a real job since I was fired
5 Q What does that mean? That you haven't had a real job? Have you
6 had another kind of job?
7 A Well I've been doing some side jobs for friends and family. I've
8 been mowing grass, painting rooms, cleaning houses, and other
9 things like that.
10 Q I take it you have been getting paid for these jobs?
11 A A litte bit, yeah, but nothing near what I was making at ABC Corp.
12 Q How much is a little bit?
13 A It depends on the job. For some it's like fifty dollars, and for
14 some it can be like two hundred fifty dollars.
Page 15
The proper cite is: (Dkt. 32-1 at 16 (Smith Dep. at 16:7-9)).
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