PRACTICES AND PROCEDURES BEFORE
JUDGE JUSTIN R. OLSON
Counsel and pro se parties are expected to have read and to comply with these
Practices and Procedures. Counsel and pro se parties must seek leave of the
Court and establish good cause to deviate from any part of these Practices and
Procedures. The Court may also alter them sua sponte as appropriate in any
case. All inquiries should be directed to Judge Olson’s Courtroom Deputy at
(317) 229-3890 or
[email protected].
INDEX
I. General Courtroom Expectations ..................................................... 2
II. Motions Practice ............................................................................. 2
A. Filing Motions with Supporting Briefs and Exhibits ........................... 2
B. Rule 12 Motions ................................................................................ 2
C. Summary Judgment Motions ............................................................ 3
D. Motions to Extend the Dispositive Motion Deadline ........................... 4
E. Motions for Preliminary Injunctive Relief ........................................... 4
F. Objections under Federal Rule of Civil Procedure 72(a) ...................... 4
G. Statement of Claims or Defenses ....................................................... 5
H. Page Limit Extensions ....................................................................... 5
I. Oral Argument .................................................................................. 5
J. Pending Ripe Motions........................................................................ 6
K. Disclosure and Use of Artificial Intelligence (AI) ................................. 6
L. Footnotes .......................................................................................... 6
M. Supplemental Authority .................................................................... 6
III. Trial ................................................................................................ 7
A. The Final Pretrial Conference ............................................................ 7
B. The Venire and Voir Dire ................................................................... 8
C. Jurors............................................................................................... 9
D. Opening Statements and Closing Argument ...................................... 9
E. Examination of Witnesses ............................................................... 10
F. Experts ........................................................................................... 10
G. Objections to Questions .................................................................. 11
H. Difficult Issues—Advance Notice ..................................................... 11
I. Stipulations .................................................................................... 11
J. Use of Depositions .......................................................................... 12
K. Exhibits .......................................................................................... 12
L. Jury Instructions and Verdict Forms ............................................... 15
M. Logistics and Housekeeping ............................................................ 15
N. Facilities ......................................................................................... 16
O. Transcripts ..................................................................................... 17
Appendix A: Filing Exhibits and Proper Citations ................................... 18
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I. GENERAL COURTROOM EXPECTATIONS
A. Arrive in the courtroom at least 15 minutes before the scheduled start time
of the hearing or proceeding. This ensures that counsel have time to
confer if needed and otherwise prepare for the hearing to start on time.
B. Know the Federal Rules of Civil and/or Criminal Procedure, the Federal
Rules of Evidence, and the Local Rules of the United States District Court
for the Southern District of Indiana.
C. Stand when speaking.
D. Address the Court, not opposing counsel.
E. Conversation between counsel and/or parties when opposing counsel is
questioning or arguing must not be distracting to others.
F. Cellular phones may be used outside the courtroom but must be turned
off (not just on silent or vibrate) in the courtroom.
II. MOTIONS PRACTICE
A. Filing Motions with Supporting Briefs and Exhibits
Motions and exhibits must be filed before supporting briefs so that the brief’s
citations refer back to the motion’s or 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., “Ex. 1 – Smith Dep.” or “Ex. 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.
B. Rule 12 Motions
1. 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. 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.
2. Collateral motions in the Rule 12(b)(1) motion process, such as motions to
strike, are disfavored. Any dispute regarding the admissibility or effect of
evidence in support of jurisdictional facts should be addressed in the
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briefs. Cf. S.D. Ind. L.R. 56-1(i).
C. Summary Judgment Motions
1. At least twenty-eight (28) days before the dispositive motion deadline,
counsel planning to move for summary judgment must contact opposing
counsel to determine if any other party also plans to move for summary
judgment. 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 30 pages);
b. Within 28 days after Party A serves the Motion, Party B files and
serves the Cross-Motion, Brief in Support, and Response in
Opposition (limited to 45 pages);
c. Within 28 days after Party B serves the Cross-Motion and Response,
Party A files and serves the Reply in Support of Motion and Response
in Opposition to Cross-Motion (limited to 30 pages);
d. Within 14 days after Party A serves the Reply and Response, Party
B files and serves the Reply in Support of Cross-Motion (limited to
15 pages).
2. If a party believes that a different process or schedule for cross-motions
for summary judgment is appropriate, the party may move for an
alternative briefing process or schedule, stating the position of all other
counsel and describing the parties’ efforts to meet and confer on the
alternative briefing process or schedule.
3. The parties are reminded that “[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.” S.D. Ind. L.R. 56-1(i).
4. 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 a citation to a discovery response,
a deposition, an affidavit, or other admissible
evidence. The evidence must be in the record or
in an appendix to the brief. The citation must
refer to a page or paragraph number or otherwise
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
facts may be disregarded. See Bluestein v. Cent. Wis. Anesthesiology, S.C.,
769 F.3d 944 n.1 (7th Cir. 2014).
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5. Deposition Citations & Excerpts
Deposition cites must include specific page and line numbers. The cited
pages—and at least the three pages immediately preceding and following—
must be included as an exhibit to the summary judgment motion. If any
portion of the excerpted deposition transcript references any deposition
exhibit(s), all referenced exhibits must also be included as exhibits to the
summary judgment motion. The Court may decline to consider evidence
that does not include the entire excerpts or referenced deposition
exhibit(s).
6. 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.
D. Motions to Extend the Dispositive Motion Deadline
The Court’s Uniform Case Management Plan anticipates at least 180 days
between the dispositive motion deadline and trial. Absent a compelling reason,
counsel should not seek any extension of time of the dispositive motion deadline
if it would shorten the 180-day period. If the 180-day period is compromised by
any extension sought, the scheduled trial date may be lost.
E. Motions for Preliminary Injunctive Relief
In addition to the requirements set forth in Federal Rule of Civil Procedure 65,
motions for a temporary restraining order or preliminary injunction shall 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 oral argument.
4. A proposed timeline for any discovery, hearings, and rulings.
F. Objections under Federal Rule of Civil Procedure 72(a)
Responses to any Objections to a Magistrate Judge’s non-dispositive pretrial
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ruling under Federal Rule of Civil Procedure 72(a) shall be due within 14 days
after service of the Objection. The Court will review all prior briefing submitted
to the Magistrate Judge in addition to any Objection and Response. The parties
need not re-brief the matter but should tailor their argument to the objectionable
aspects of the non-dispositive pretrial ruling. Objections and Responses shall
be limited to 15 pages. No Reply in support of the Objection will be considered.
G. Statement of Claims or Defenses
The Court’s Uniform Case Management Plan orders the parties to file a
Statement of Claims or Defenses, generally sometime after non-expert discovery
has been completed but before the filing of dispositive motions. The Statement
of Claims must specifically identify the claims raised, characterizing each theory
of recovery, and identifying the claims raised against each defendant. If a
defendant intends to assert any affirmative defenses, it must file a Statement of
Defenses. Failure to file a Statement of Claims or Defenses by the deadline set
forth in the Case Management Plan may result in the waiver of claims, theories
of recovery, or affirmative defenses.
H. Page Limit Extensions
1. Motions to exceed page limitations are disfavored and in most cases will
be denied.
2. “The court may allow a party to file a brief exceeding these page limits for
extraordinary and compelling reasons.” Local Rule 7-1(e)(2). Parties
seeking an extension of the page limit must do so at least five (5) days in
advance of their filing deadline and should explain with specificity the
reasons necessitating the extension.
3. Vague references to the complexity of the issues do not provide a sufficient
basis for additional pages. Most cases filed in federal court are complex.
4. The parties may not stipulate to additional pages. Any party seeking an
extension must file a motion.
5. If a party files a motion to extend the page limit at the same time the party’s
brief is due, the extension request will be denied absent a compelling and
unanticipated reason for violating this rule. The Court will also not
consider any arguments made in pages which exceed the Local Rules’
requirements.
I. Oral Argument
Parties may move for oral argument on civil motions. Motions for oral argument
should explain precisely how oral argument will aid the Court’s consideration of
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the motion and should also suggest how much time each side should receive.
Ordinarily, each side will receive the same amount of argument time, even if
there are multiple parties on one or both sides.
J. Pending Ripe Motions
If a motion for summary judgment has been fully briefed for 180 days or any
other motion has been fully briefed for 90 days—or in exceptional
circumstances—counsel may file a status update explaining the effect of the
pending motion on the parties and case progress. Such status updates are
helpful to the Court. Counsel may not ask off the record about when the Court
may rule on a substantive motion.
K. Disclosure and Use of Artificial Intelligence (AI)
All counsel and pro se parties must disclose the use of generative artificial
intelligence (AI) to generate, draft, or revise the content of documents submitted
to the Court or chambers. If AI was used in this way to prepare a document,
signing counsel and/or pro se parties are REQUIRED to sign and file a Certificate
Regarding Use of Artificial Intelligence, stating as follows:
“This document was generated with the assistance of
[identify AI tool name]. I hereby certify under penalty of
perjury that, despite reliance on an AI tool, I have
independently reviewed this document to confirm the
accuracy and legitimacy of all cited authority and any
characterization or summary thereof pursuant to Rule
11 of the Federal Rules of Civil Procedure.”
Counsel and pro se parties are cautioned that mistake, lack of technical
expertise, and time constraints are typically not recognized by the Court as a
good faith excuse for submission of documents that either violate Rule 11 or this
disclosure rule. In particular, arguments in briefs to the Court which are
supported by AI-generated or “hallucinated” caselaw (i.e., cases that do not
actually exist) are unacceptable. Failure to comply with this rule and citation to
caselaw that does not actually exist may result in appropriate sanctions, up to
and including dismissal and/or default judgment.
L. Footnotes
The Court does not deem information contained in footnotes to be argument.
Accordingly, counsel should include all argument in the body of the brief.
M. Supplemental Authority
Unless it is a relevant appellate opinion decided after the close of briefing but
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before ruling, the Court will not consider “supplemental authority” filed after
briefing on a motion is complete. Appropriate supplemental authority as
described above is limited to a citation to a case and does not contemplate any
argument. If a party wishes to file supplemental authority other than as
described above, it must seek leave to do so, but the Court will grant such leave
only in exceptional circumstances.
III. TRIAL
A. The Final Pretrial Conference
1. The Court will hold a final pretrial conference before the trial. Counsel
must be prepared to address any pending motions, objections, and issues
related to voir dire and jury instructions at the final pretrial conference.
2. The Court will issue an order setting deadlines for certain filings. In civil
cases, those deadlines are intended to be consistent with CMP deadlines,
but if they differ, the order controls.
3. Counsel shall meet and confer before the final pretrial conference to
attempt to agree on items in the final pretrial order and below.
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, the subjects of
their testimony, and any concerns about the availability of certain
witnesses.
c. Discuss stipulations.
d. Review exhibit lists and discuss admissibility and objections. Bring
copies of proposed exhibits to the conference (as discussed below).
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 criminal cases, discuss potential forfeiture and status of plea
negotiations.
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j. In civil cases, discuss status of settlement negotiations.
B. The Venire and Voir Dire
1. Copies of questionnaires which the venire has completed will be available
to counsel at noon on the business day before the trial starts. The
questionnaires must be returned to the Courtroom Deputy as soon as the
jury has been chosen.
2. A seating chart will be available on 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 initiate and conduct the first part of the voir dire. Pursuant
to the Court’s scheduling orders, counsel may submit before trial any
questions they would like the Court to ask.
5. After the Court concludes its voir dire, counsel will have a brief opportunity
(usually fifteen to thirty minutes per side) to question the panel. Counsel
conducting voir dire should do so standing at the lectern.
6. Examples of inappropriate voir dire:
a. Argument.
b. Asking jurors if they will be able to enter a certain verdict.
7. In civil cases, each side will generally have three peremptory challenges for
the entire venire. On a case-by-case basis, depending on the number of
prospective jurors summoned and the number of prospective jurors
excused for cause, additional peremptory challenges may be granted. After
all challenges, the appropriate number of jurors will be chosen in order of
lowest draw numbers.
8. In civil cases, the Court ordinarily seats eight jurors with all jurors to
deliberate, and no alternate jurors.
9. In criminal cases, ordinarily, the government will have six peremptory
challenges, and the defense will have ten peremptory challenges, plus any
additional challenges for alternate jurors. Fed. R. Crim. P. 24.
10. All peremptory challenges will be exercised simultaneously and in writing.
A party cannot collaborate with another party while exercising challenges
without leave of Court.
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C. Jurors
1. Jurors are permitted to take notes in notebooks that will accompany them
during their deliberations.
2. Do not exhibit familiarity with jurors. Jurors should not be addressed
individually or by name.
3. Do not exhibit familiarity with witnesses or opposing counsel in front of
jurors.
4. 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. Visitors who cannot abide by this requirement will be
asked to leave the courtroom.
D. Opening Statements and Closing Argument
1. Counsel should remain near the lectern during opening statements and
closing argument.
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 to do the same.
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 suggests a damages number to the jury in closing argument, it
must be stated in the opening segment of the closing argument so that
defendant can respond.
7. Although plaintiff is permitted to open and close final arguments, the large
majority of the time must be spent in the opening portion.
8. Jurors’ comments after trials have indicated that they resent long closing
arguments. Be brief.
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9. 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 statements that inflame passion or
prejudice. Know what’s proper in closing argument and what’s not. See
United States v. Klebig, 600 F.3d 700, 718–19 (7th Cir. 2009).
10. A party is encouraged to refer to the final jury instructions during closing
argument.
E. Examination of Witnesses
1. When the trial begins, please provide the Court and the Court Reporter
with a list of witnesses you expect to call and the order in which they will
be called. Please have correct spellings for the Court Reporter.
2. Counsel shall examine witnesses from the lectern.
3. Direct all witnesses to spell their names on the record.
4. Witnesses are to be asked questions, not argued with or given editorial
commentary about their answers.
5. Do not display an exhibit to the jury until it has been admitted into
evidence.
6. When the purpose of approaching the witness is to work with an exhibit,
prior permission of the Court need not be sought. During a jury trial, the
witness and the exhibit (if enlarged) should be facing the jury so that you
can be seen and heard. Counsel should resume the examination of the
witness from the lectern when finished with the exhibit.
F. Experts
1. After establishing qualifications, counsel shall request that the Court
designate the witness as an “expert.” See United States v. Jett, 908 F.3d
252, 260 n.1, 266 (7th Cir. 2018). In a bench trial, the parties are
encouraged to stipulate to the admissibility of any expert’s CV and
stipulate to the expert’s qualifications.
2. Medical experts who have been deposed and routinely examine and treat
patients in their practices 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 offered as
firsthand observations rather than as expert opinion. This presumption
is to avoid inconvenience and delay to jurors, health care providers, and
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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 trial. 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.
G. Objections to Questions
1. Stand when making objections. This calls the Court’s attention to you and
allows you to be heard more readily.
2. When making an objection, state only that you are objecting and specify
the ground or grounds for that objection.
3. Objections must be brief and shall not recapitulate testimony or attempt
to guide the witness.
4. The Court will ordinarily ask for a brief response from opposing counsel.
Counsel shall not argue further without permission.
5. Only the attorney who handles the direct examination of a witness may
raise objections when other counsel is examining the witness. Only the
attorney who will cross-examine a witness may raise objections during
direct examination.
H. Difficult Issues—Advance Notice
If counsel anticipate that any question of law or evidence is not routine, will
provoke an extensive argument, or will require a proffer outside the jury’s
presence, 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 arrangements.
I. Stipulations
1. Stipulations concerning exhibit admissibility and authenticity, as well as
stipulations of fact, are not only encouraged but 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 been admitted into
evidence unless the parties specifically stipulate otherwise.
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J. Use of Depositions
1. Pretrial orders in civil cases will ordinarily require advance designation of
depositions or deposition excerpts to be offered at trial. This matter will
ordinarily be addressed in the pretrial conference.
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 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 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. The portions of a
deposition to be read shall be marked on the transcript and marked and
offered as an exhibit at trial. If objections were made at the deposition,
counsel should confer before the final pretrial conference and raise any
unresolved objections at the final pretrial conference. The exhibit shall
not be included with the exhibits provided to the jury for 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. The parties should stipulate, if possible, that the reporter does not take
the reading of depositions.
7. Summaries of deposition transcripts are acceptable only by stipulation.
K. 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 on
a numbering system from the beginning of discovery 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 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.
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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 an electronic file containing PDF files of the exhibits
identified by exhibit number and provide that file to the Court no later
than one week before trial. Counsel shall also provide 3 binders with
the documentary exhibits to the Court at the final pretrial conference.
Oversized exhibits may be excluded. If the parties wish to rely exclusively
on binders and not electronic files to present documentary exhibits at trial,
Counsel are directed to raise this with the Court at the final pretrial
conference and explain why electronic presentation of evidence is not
preferred.
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.
5. During trial, non-electronic 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 binder. Each counsel is responsible for
exhibits taken from the table or the witness stand. Counsel must return
all exhibits to the table or witness stand at each recess or adjournment.
Exhibits that 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 the evidence to ensure that
only admitted exhibits are sent to the jury. Counsel shall substitute
photographs for controlled substances, currency, firearms, and other
dangerous or organic materials.
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. Ordinarily, exhibits admitted into evidence may be displayed to the jury
either at the time of admission or in conjunction with other exhibits at the
conclusion of the witness’s examination by the “offering” counsel, but
counsel must seek permission of the Court to display evidence to the jury.
9. When counsel or witnesses refer to an exhibit, mention should also be
made of the exhibit number so that the record will be clear.
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10. When maps, diagrams, pictures, or similar materials are used as
exhibits, and witnesses or counsel point out locations or features on such
documents, those locations should be appropriately marked on the
documents if they are not clear from the exhibits themselves.
Unnecessary markings should be avoided. 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. Counsel may use exhibits with overlays or moveable parts, as
these features are useful.
11. When counsel expect to offer answers to interrogatories or requests for
admissions extracted from separate documents, prepare copies of the
individual materials so that the Court and jury do not wait for counsel
to locate the items. 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 and
should be addressed at the final pretrial conference.
12. If a document is not in the set of electronic PDFs supplied to the Court
or 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.
13. Each page of each exhibit should have an identifying number. The
parties are strongly encouraged to affix Bates numbers to all
documents when producing them in discovery.
14. If deposition exhibits will be referred to at trial, either during
impeachment or from reading a transcript or showing a video, and their
numbering 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.
15. If oversized exhibits are to be used, counsel must make arrangements
with the Courtroom Deputy at least two weeks before trial.
16. Be sure there is a proper line of sight for the jury, Court, witness, and
counsel when using easels, oversized exhibits, and models.
17. Demonstrative exhibits are not sent to the jury room for deliberations
unless the parties agree otherwise.
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L. Jury Instructions and Verdict Forms
1. Proposed jury instructions and verdict forms must be filed and served. A
Microsoft Word version of filed jury instructions and verdict forms must
be emailed to
[email protected].
2. Proposed instructions must cite their source and, if not a Seventh Circuit
pattern instruction, 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 jury instructions and verdict forms
to counsel before the conference.
4. Ordinarily, the Court will read most of the final jury instructions to the
jury before closing arguments.
M. 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. The Court makes every effort to commence proceedings at the time set.
Promptness is expected from counsel and witnesses. Trial proceedings
will start at 9:00 a.m. on the first day of trial. Counsel are to be ready at
8:00 a.m. on the first day of trial to discuss any remaining preliminary
matters before the start of voir dire. Never be late.
4. A typical trial day will include a mid-morning break, lunch around noon,
and a mid-afternoon break with the jury leaving around 5:00 p.m. The
Court may resume a jury trial after a break without the parties if they fail
to return within the prescribed time. Counsel should alert the Court
whenever any witness must be held over until the next day. The
Courtroom Deputy should be informed of any anticipated scheduling
problems, and the Court will attempt to work with counsel to resolve them.
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 a recess or adjournment follows the conclusion of a witness’s testimony,
the next witness should be ready to take the stand when trial resumes.
7. If a witness’s testimony is expected to be brief, have the next witness
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immediately available, ordinarily in the witness room. If there is a
substantial delay between witnesses, the Court may deem that you have
rested.
8. 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.
9. If both parties expect to call a witness, the Court will usually require all
questioning of the witness to be completed when called in the plaintiff’s
case (in civil trials) or the government’s case (in criminal trials).
N. Facilities
1. The Court may provide a TV, DVD player, an easel, a dry erase board, and
markers if counsel so arranges with the Courtroom Deputy before trial
begins. Counsel should expect to bring any other equipment, such as
overhead projectors, screens, and other easels that they expect to use.
2. If counsel wish to use one of the Video Evidence Presentation Systems
(“VEPS”) owned by the Southern District of Indiana, they must coordinate
with the Courtroom Deputy at least 3 weeks before trial, unless the case
management plan dictates a different period. If a VEPS is unavailable,
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 the witness room.
4. Chambers supplies, including the telephones and copier, are not available
to counsel, nor are counsel or witnesses permitted to store items in
chambers. Counsel should not enter chambers or the jury room unless
invited by Court staff.
5. Cellular phones may be used outside the courtroom but must be turned
off (not just on silent or vibrate) in the courtroom.
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 be locked during the noon recess, and Court staff may
not be present to allow access to any materials left in the courtroom.
8. The courtroom will be locked overnight and counsel will not have access.
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9. Food and drinks are not allowed in the courtroom, except for water. A
pitcher of water and cups will be made available for each table and the
witness chair.
O. Transcripts
1. Daily transcripts of testimony must be arranged directly with the Court
Reporter at least two weeks before trial.
2. Transcripts of Court proceedings must be arranged with the Court
Reporter, preferably before the start of the proceeding.
3. At least 3 days 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 that 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:
03/01/2021 38 MOTION for Summary Judgment, filed by Plaintiff
ROBERT SMITH. (Attachments: # 1 Exhibit 1 Johnson
Aff., # 2 Exhibit 2 Johnson Dep. Excerpts) (Jones,
John) (Entered: 03/01/2021)
• 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:
03/30/2021 42 Appendix of Exhibits in Support of RESPONSE in
Opposition re 38 MOTION for Summary Judgment, filed
by Defendant ABC, INC. (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 (Smith, Susan)
(Entered: 03/30/2021)
• 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.”
Example:
Attachment Description
1 Exhibit A: Smith
52 pages 4.1 mb
Dep. Transcript
2 Exhibit B: Smith
32 pages 3.8 mb
Dep. Exhibits 1–5
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3 Exhibit C: Smith
Employment 15 pages 1.3 mb
Agreement
4 Exhibit D:
Jackson Decl. 20 pages 1.7 mb
with Exhibits 1–3
• When citing deposition testimony, the cited pages—and at least the
three pages immediately preceding and following—must be included as
an exhibit to the summary judgment motion. If any portion of the
excerpted deposition transcript references any deposition exhibit(s), all
referenced exhibits must also be included as exhibits to the summary
judgment motion. The Court may decline to consider evidence that
does not include the entire excerpts or referenced deposition exhibit(s).
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 top of the
previously filed exhibit. 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.
• 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:
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Case 1:26-1234-JRO-MJD Document 38-2 Filed 03/01/21 Page 3 of 24 Page ID #: 239
The proper cite is: Dkt. 38-2 at 3 (Johnson Dep. at 10:4–13).
• When citing a document (such as a complaint or declaration) with both
page and paragraph numbers, cite the specific paragraph number(s) of
the document in addition to the docket number and page number
citation format set forth above. For example: Dkt. 38-2 at 3 (Johnson
Decl. ¶ 10).
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