AMB FPTCO AdminOrder434; Standing Order Pretrial AMB; Attachments PTC AMB

=== AMB FPTCO AdminOrder434 ===

ORDER GOVERNING FINAL PRETRIAL CONFERENCE Generally A defendant may waive his or her presence at the telephonic final pretrial conference held by the magistrate judge. It is not necessary that the attorney actually trying the case attend the final pretrial conference, but trial counsel are bound by representations and decisions made at the conference in their absence. All trial counsel and all defendants must appear personally at the final hearing held by the assigned district judge. Failure timely to file documents or raise issues addressed in this order may constitute waiver at the court=s discretion. Voir Dire Questions and Jury Instructions At the telephonic final pretrial conference, the court=s goal is to finalize the voir dire questions and to create a set of legally accurate jury instructions that contains every instruction the court might need at trial (with the possible exception of a theory of defense instruction). Toward this end, the court will circulate voir dire questions and a packet of jury instructions prior to the parties= submission deadline for the final pretrial conference. These are the drafts from which we will work at the final pretrial conference. Pursuant to Fed. R. Crim. P. 30 and not later than the submission deadline, the parties must submit any proposed additions, deletions, or edits to the court=s drafts. Each proposed edit to or deletion of a court draft voir dire question must be set forth in a separate paragraph and must cite by number the question at issue. Each proposed new question must be set forth in a separate paragraph and numbered for ease of reference. Each proposed edit or deletion of a court draft jury instruction must be set forth in a separate paragraph and must cite by page number to the court=s draft. Each proposed new jury instruction must be set forth in a separately numbered paragraph. When applicable, a party must provide adequate citation to any legal authority for any proposed edit, deletion or addition of a jury instruction. Although a defendant is not required to reveal a theory of defense instruction prior to the close of the government=s case in chief, it is helpful and efficient to discuss such instructions at the final pretrial conference when possible. Therefore, the court encourages defendants to provide draft theory of defense instructions for consideration at the final pretrial conference. If a defendant is not willing to do this, then the court asks that the defendant submit his or her theory of defense instruction to the court ex parte for in camera review prior to trial. Motions in Limine and Notice of Intent to Offer Evidence Although the trial judge will make final decisions on motions in limine and other evidentiary issues, all such issues must be raised at the telephonic final pretrial conference with the magistrate judge for preliminary review and discussion. The parties must file and serve any and all motions in limine not later than the submission deadline for the final pretrial conference. A party may file all its motions in limine in one captioned document, but each motion must be separately numbered. When necessary, a party must provide adequate citation to any legal authority supporting a motion in limine. Not later than the submission deadline for the final pretrial conference, the government must file any notice of intent to offer the following types of evidence at trial: (1) Prior felony convictions offered for any purpose; (2) Any Fed. R. Evid. 404(b) evidence; (3) Any statement by a defendant offered under Fed. R. Evid. 801(d)(2)(C)-(E); and (4) Any other evidence of which the government is aware and which it intends to offer pursuant to Fed. R. Evid. 804– 807. Notice must be provided in a captioned document docketed with the court. Although a defendant is not required to reveal defense evidence of this sort, it is helpful and efficient to discuss such evidence at the final pretrial conference whenever possible. Therefore, the court encourages defendants to provide such notice for consideration at the final pretrial conference. If a defendant is not willing to do this, then the court asks that the defendant submit such notice to the court ex parte for in camera review prior to trial. Audiovisual Evidence Not later than two weeks before the telephonic final pretrial conference, the government shall serve on all defendants written notice of its intent to introduce at trial audio or visual recordings. This notice shall identify with particularity those portions of the recordings that 2 the government intends to introduce. The government simultaneously shall provide transcripts of the recordings in final or almost-final form. Not later than one week before the final pretrial conference, a defendant must notify the government whether he or she objects to the admissibility of the recording(s) or any portion thereof, whether he or she disputes any part of the government=s transcription, and provide sufficiently particular bases for any such objections or disputes. If the parties cannot promptly resolve their differences, then not later than the submission deadline for the final pretrial conference the defendant must file and serve a motion in limine objecting to recordings and transcripts. Submission of Witness and Evidence Lists Not later than one week before the final hearing, each party shall submit ex parte and under seal its list of expected trial witnesses and its list of expected trial exhibits, along with an electronic copy of each pre-marked exhibit per Administrative Order 434. Exhibit list forms are available from the clerk of court. If more than one defendant will be offering exhibits, then the exhibit number must identify the offering defendant by name or initials. In preparing exhibit lists, counsel must provide the exhibit number, the witness through whom the exhibit will be offered, and a brief description of the exhibit. Not later than the morning of trial, prior to jury selection, each party shall submit a final list of trial witnesses and a final list of exhibits, maintaining the pre-marked numbers. Each party shall maintain custody of its own exhibits throughout the trial and after the trial. Any exhibit referred to during trial becomes part of the record even if not offered or accepted into evidence. Following trial, counsel for each party promptly shall contact the clerk of court to arrange for the exhibits to be included in the appellate record. Witness Subpoenas and Writs for Indigent Defendants If an indigent defendant intends to subpoena trial witnesses at government expense, then not later than 18 days before trial, he or she must file a motion under Fed. R. Crim. Pro. 17(b) naming each witness, providing a street address for service, and proffering why each requested witness is necessary for an adequate defense. The defendant must attach to the 3 motion a completed subpoena form for each witness. Blank subpoena forms are available on the court=s web site or from the clerk of court. If the requested witness is incarcerated, then defendant=s Rule 17(b) request and subpoena form must be filed not later than 25 days before trial along with a motion for a writ of habeas corpus ad testificandum and a completed draft writ for the magistrate judge to sign. If a defendant misses the deadline for filing a Rule 17(b) request or petition for a writ, then the court still will consider the request and issue subpoenas and writs if appropriate, but service of the subpoenas by the marshals service cannot be assured. Indigent defendants who have received authorization to use an investigator may have their investigator serve trial subpoenas. Witness payment forms are available through the marshals service. Incarcerated witnesses are not eligible for witness fees. Last Minute Settlements and Emergencies The attorneys in this case shall immediately notify the clerk of court if this case settles or if some other event occurs that jeopardizes the trial date. On the weekend before trial, the parties may reach Clerk of Court Joel Turner at (608) 354-8004. Failure promptly to notify the clerk without good cause may result in jury costs being assessed against counsel. Unsealing Confidential Documents In most cases it is substantively unnecessary and administratively burdensome for the court to maintain the confidentiality of sealed documents following the conclusion of a criminal case. Therefore, the clerk of court shall unseal all sealed documents in this case, including transcripts of ex parte hearings, following entry of judgment by the district court. A document may remain under seal after judgment only if a party makes an adequately supported written request that it remain sealed. Such requests must be filed prior to the entry of judgment. The burden is on the party seeking continued confidentiality to make a timely request that persuades the court. 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN IN RE: STANDING ORDER GOVERNING THE USE AND SUBMISSION OF ELECTRONIC EVIDENCE ADMINISTRATIVE ORDER 434 1. A party may submit electronic evidence to the court by sharing the evidence with the court via Box for Federal Government — the preferred method — or by submitting the evidence on a flash drive. Box for Federal Government is a secure service offered by the court as an alternative to digital storage devices. Box for Federal Government can be used to submit documents, spreadsheets, video files, and other kinds of evidence that cannot be filed in CM/ECF. Questions about Box for Federal Government should be directed to the clerk’s office. 2. Each party shall submit a complete set of its pre-marked trial exhibits at least one week before the final hearing in a criminal case or the final pretrial conference in a civil case. A party that uses Box for Federal Government will have “view/upload” rights to its own folder. Only court users may delete files or view or alter the contents of another party’s folder. 3. Electronic evidence must be submitted in one of the following formats: .pdf, .jpg, .bmp, .tif, .gif, .avi, .wmv, .wma, .wav, .mpg, .mp3, .mp4 or .3gpp. Zip files and other multi- 4. 5. file archives are specifically prohibited. The size of individual files shall not exceed 1 gigabyte. Trial exhibits must follow a specific naming convention. A party may be required to resubmit trial exhibits that are not named as follows: Case Number_Party Role_Party_Name_Exhibit Number. For example: 23-cv-123_Defendant_ABC Insurance Company_Exhibit 501 6. Before closing arguments in a jury trial, each party must collect any evidence that it intends to submit to the jury, including electronic evidence, and must provide that evidence to the courtroom deputy. Electronic evidence file names must correspond unambiguously with exhibit numbers used during the trial. Electronic storage devices shall contain only evidence that has been approved for the jury and shall not contain any other files or information. 7. Any request for relief from this order must be presented in a timely motion in limine. Entered: July 30, 2024. BY THE COURT: /s/ JAMES D. PETERSON Chief District Judge

=== Standing Order Pretrial AMB ===

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN STANDING ORDER FOR PRELIMINARY PRETRIAL CONFERENCES WITH U.S. MAGISTRATE JUDGE ANITA MARIE BOOR Not later than two weeks before the preliminary pretrial conference, all parties in this case shall confer about all matters listed in Fed. R. Civ. P. 26(f) and all matters set forth in this order. The parties may confer telephonically. Not later than one week before the preliminary pretrial conference, the parties shall jointly file a report addressing the following points. If the parties disagree on a point, then each party shall state its position separately within the joint report. 1) A concise statement of the nature of the case, including the nature and bases of the parties’ claims and defenses. 2) The names of any related cases. 3) A concise statement of the material factual and legal issues to be resolved at trial. 4) A description of any amendments to the pleadings that any party intends to seek and a brief explanation of the bases for any such amendments. 5) The identity of any new parties any party intends to add and a brief explanation of the bases for any such additions. 6) A proposed case schedule, including at least the following deadlines, along with an estimated length of trial: a. Motions to amend the pleadings and to add parties; b. Expert disclosures (if applicable); c. Dispositive motions; d. Close of discovery; and e. Trial. 7) A discovery plan, including all matters set forth in Fed. R. Civ. P. 26(f)(3), as well as: a. A general description of the parties’ repositories of discoverable ESI; b. How discovery of ESI can and will be limited (e.g., by number of custodians, date ranges); c. Methods of how discovery of ESI can and will be facilitated (e.g., key word searches); and d. The form in which ESI will be produced. 8) Any other matter affecting the just, speedy, or inexpensive determination of this case, or that which the court should consider in setting the schedule. 1 In preparing their report and proposed case schedule, the parties should consider that: • The parties may opt out of the disclosure requirements under Fed. R. Civ. P. 26(a)(1) and 26(a)(2) by unanimous agreement. • Trial shall be held thirteen to fifteen months after the preliminary pretrial conference, four to seven months later for patent lawsuits and class actions. • The court requires dispositive motions to be filed not later than five or six months before trial and prior to the close of discovery, which usually ends six weeks before trial. • The court does not stay discovery when a defendant files a motion to dismiss before the preliminary pretrial conference. Under Fed. R. Civ. P. 26(d)(1), a party may seek discovery after the parties have conferred as required by Fed. R. Civ. P. 26(f). The court will set the entire case schedule at the preliminary pretrial conference. Counsel attending the conference must have scheduling authority for their respective parties. For cases assigned to Judge Boor for trial (case numbers ending with “-amb”), note: No later than two weeks before the preliminary pretrial conference, the parties must submit a Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment Form. If the parties do not submit a fully executed form by this deadline, the case will be reassigned to a district judge. BY THE COURT: /s/ ANITA MARIE BOOR U.S. Magistrate Judge [drafted 5/7/24] 2

=== Attachments PTC AMB ===

PROCEDURES GOVERNING CIVIL CASES CONSENTED TO MAGISTRATE JUDGE BOOR Motions for Summary Judgment ................................................................................... 2 Guidance To Pro Se Litigants Regarding Motions for Summary Judgment .................. 8 Jury Trials ....................................................................................................................... 9 Bench Trials .................................................................................................................. 13 Trial Exhibits ................................................................................................................ 16 Trial Exhibit Form ........................................................................................................ 17 Standard Voir Dire Questions ...................................................................................... 18 Standard Civil Jury Instructions .................................................................................. 20 Calling Witnesses to Trial ............................................................................................ 34 Attorney Fees ................................................................................................................ 39 Counsel Rooms During Trial ....................................................................................... 40 Contacting Jurors.......................................................................................................... 41 Settlements, Stipulated Dismissals, and other Dispositions of a Case ........................ 42 Electronic Evidence..…………………………………………………………………….……43 Electronic Filing…………………………………………………………………………….…45 1 MOTIONS FOR SUMMARY JUDGMENT These procedures explain how to present and oppose motions for summary judgment. You should follow these procedures and Rule 56 carefully. These procedures require careful preparation of statements of proposed findings of fact. The purpose of these statements of proposed findings of fact is to clearly identify the essential facts material to the motion for summary judgment, and to help the court determine if those facts are genuinely disputed. A dispute of fact is genuine if both sides have evidentiary support for their positions. Accordingly, these procedures are also designed to help the court see the evidentiary support for the proposed facts. The court will not search the record for facts or evidence. Even if there is evidence in the record to support your position on summary judgment, if you do not propose a finding of fact with the proper citation, the court will not consider that evidence when deciding the motion. The fact documents are most useful if the proposed facts, and especially the responses and replies to those facts, are succinctly stated. The fact documents should not be inflated with lengthy argument. If the responses to fairly proposed facts, or the replies to fairly disputed facts, are inappropriately argumentative, then the court may strike the offending response, or in extreme cases, an offending pleading. Because the material facts must be proposed in a statement of proposed facts, it is not necessary to repeat all those facts in the briefs. However, the court finds it helpful to have the background facts concisely stated in an introductory section of the brief. I. The motion for summary judgment A. Contents: 1. A motion that clearly states the claims or defenses, or the parts of claims or defenses, for which summary judgment is sought. 2. A statement of proposed findings of fact that includes all facts needed to sustain the motion. 3. Evidentiary materials that support the proposed facts (see infra I.C.). 4. A supporting brief. Your brief is the place to make your legal argument, not the place to introduce facts into the record. However, you may find it helpful to include a concise overview of the background facts of the dispute. When you finish the brief, you should confirm that all the dispositive facts that you rely on are stated in the proposed findings of fact document. 2 B. Proposed findings of fact 1. The statement of proposed findings of fact must include all facts necessary to sustain the motion for summary judgment, including facts relating to jurisdiction and the identity of the parties. The court will not consider facts contained only in a brief. Think of your proposed findings of fact as telling a story to someone who knows nothing of the controversy. Strive to present the proposed findings of fact in an order that makes sense. 2. A party must propose each fact in a separate, numbered paragraph, limited to a single factual proposition. Proposed facts should not contain argument. 3. Each factual proposition must be followed by a reference to evidence supporting the proposed fact. The citation must identify where in the record the evidence is located. If a party cites an affidavit of a witness who has submitted multiple affidavits or the deposition of a witness who has been deposed multiple times, then the citation must include the date that the document was created. Where possible, include the docket number. For example: 1. Plaintiff Smith bought six Holstein calves on July 11, 2006. Dkt. 56, Harold Smith Affidavit, Jan. 6, 2007, p.1, ¶ 3. 4. Documents at issue in the case (e.g., patents, contracts, insurance policies, etc.) should be placed into the summary judgment record with a single proposed fact. For example: 1. The contract between Smith and Jones is attached as Exhibit 1 to the Smith Affidavit, Dkt. 56. Do not propose multiple facts restating the individual provisions of the document. Do not propose facts stating your argument about the meaning of the document. C. Evidence 1. As noted in I.B., a party must support each proposed finding of fact with admissible evidence. The court will not search the record for evidence. Where possible, provide the docket number for the supporting evidence. 2. A proposed fact can be supported with any of the following evidence: a. Depositions. Give the name of the witness, the date of the deposition, and page of the transcript of cited deposition testimony. 3 b. Answers to Interrogatories. State the number of the interrogatory and the party answering it. c. Admissions made pursuant to Federal Rule of Civil Procedure 36. State the number of the requested admission and the identity of the party to whom it was directed; or d. Other Admissions. Identify the document, the number of the page, and paragraph of the document in which that admission is made. e. Affidavits. The page and paragraph number, the name of the affiant, and the date of the affidavit. (Affidavits must be made by persons who have first-hand knowledge and must show that the person making the affidavit is able to testify about those facts.) f. Documentary evidence that is shown to be true and correct, either by an affidavit or by stipulation of the parties. (State exhibit number, page, and paragraph.) II. The response to a motion for summary judgment A. Contents: 1. A brief in opposition to the motion for summary judgment. 2. A response to each of the moving party’s proposed findings of fact. 3. If necessary, additional proposed findings of fact needed to oppose the motion. 4. Evidentiary materials cited in the response to the moving party’s facts or in the additional facts proposed by the non-moving party. B. If the responding party proposes its own findings of fact, it should follow the procedure in I.B. and I.C. above. The purpose of additional proposed findings of fact is to supplement the moving party’s proposed findings of fact, not to dispute the facts proposed by the moving party. Even if the responding party files additional proposed findings of fact, it must also respond to each of the moving party’s proposed findings of fact. C. The court will find a proposed fact is undisputed unless the responding party properly disputes it and either identifies contradictory evidence in the record or demonstrates that the proponent of the fact does not have admissible evidence to support it. 4 D. Responses to the moving party’s proposed findings of fact 1. Answer each numbered fact proposed by the moving party in separate paragraphs, using the same number. The responding party should repeat verbatim the moving party’s proposed fact and then respond to it. The court encourages parties to provide the opposing side with courtesy Word versions of their proposed findings of fact to facilitate responses. 2. All responses should be succinctly stated. 3. State clearly whether the fact is disputed or undisputed. If you dispute a proposed fact, state your version of the fact and cite evidence that supports that version. For example: 1. Plaintiff Smith bought six Holstein calves from Dell’s Dairy Farm on July 11, 2006. Dkt. 56, Harold Smith Affidavit, Jan. 6, 2007, p.1, ¶ 3. Response: Disputed. The purchase Smith made from Dell’s Dairy Farm on July 11, 2006, was for one Black Angus bull. Dkt. 72, John Dell Affidavit, Feb. 1, 2007, Exh. A. You may state your version of a proposed fact, but do not respond to proposed facts with additional facts that are not directly responsive to the proposed fact. The court will disregard any new facts that are not directly responsive to the proposed fact. If a responding party believes that more facts are necessary to tell its side of the story, it should include those facts in its own proposed facts, as discussed in II.B. 4. You may also dispute a fact on the grounds that the cited evidence does not support the proposed fact with admissible evidence. For example: 1. The Smith farm maintains high standards of animal health and nutrition. Dkt. 57, John Johnson Affidavit, Jan. 12, 2007, p.1, ¶ 5. Response: Disputed. The Johnson Affidavit is inadmissible because it is not based on personal knowledge. John Johnson is plaintiff’s attorney, and he does not have personal knowledge of the operation of the Smith farm. 5. Your response to a proposed fact may also indicate that the proposed fact is immaterial. For example: 1. The Smith farm maintains high standards of animal health and nutrition. John Johnson Affidavit, Jan. 12, 2007, p.1, ¶ 5. 5 Response: Undisputed, but immaterial. You may state that a fact is immaterial, but do not respond to proposed facts with arguments on the merits. Make your argument in your brief. E. Evidence Every factual proposition, whether made in support of or opposition to, a motion for summary judgment must be supported by admissible evidence. The court will not search the record for evidence. Supporting evidence should be clearly cited and submitted as described in I.C.2. III. The reply by the moving party A. Contents: 1. A reply to each numbered factual statement made by the responding party in response to the moving party’s proposed findings of fact, with cites to evidentiary materials. 2. A response to each additional numbered factual statement proposed by the responding party, if any, with cites to evidentiary materials. 3. A reply brief. 4. Evidentiary materials (see supra I.C.) B. Replies should be succinctly stated. If the response to a fact is “undisputed,” the reply should also state “undisputed.” If you contend that despite a response of “disputed,” the non-moving party has failed to raise a genuine dispute of material fact, you should succinctly state why. For example: 1. Plaintiff Smith bought six Holstein calves from Dell’s Dairy Farm on July 11, 2006. Dkt. 56, Harold Smith Affidavit, Jan. 6, 2007, p.1, ¶ 3. Response: Disputed. The purchase price for the calves was not for fair market value. Dkt. 72, John Dell Affidavit, Feb. 1, 2007, p.1, ¶ 4. Reply: Undisputed. The response asserts an immaterial fact, but it raises no dispute of the proposed fact. C. If the responding party has filed additional proposed findings of fact, the moving party should file its response to those proposed facts at the same time as its reply, 6 following the procedure in II.D. D. When the moving party replies to the responses to the moving party’s original proposed findings of fact, the moving party must repeat verbatim the entire sequence associated with each proposed finding of fact. In other words, the reply document is a self-contained history of all proposed facts, responses, and replies. Likewise, the moving party’s response to the supplemental facts proposed by the non-moving party should also be a self-contained history of those proposed facts with responses. Again, the court encourages parties to provide the opposing side with courtesy Word versions of their responses to proposed findings of fact to facilitate replies. IV. Sur-replies A party may not file a sur-reply without first obtaining permission from the court. The court permits sur-replies only in rare, unusual situations. 7 The charts below identify the materials that each party must submit in support of or in opposition to a motion for summary judgment. If only one party moves for summary judgment: Deadline for dispositive motions The moving party files: • motion for summary judgment • brief in support • statement of proposed findings of fact • supporting evidence The non-moving party does not file anything Deadline for response Deadline for reply The moving party files: • brief in reply • reply to the response to its proposed findings of fact • response to any supplemental proposed findings of fact • supporting evidence The non-moving party does not file anything The moving party does not file anything The non-moving party files: • brief in opposition • response to the moving party’s proposed findings of fact • supplemental proposed findings of fact (optional) • supporting evidence If both parties move for summary judgment: Deadline for dispositive motions Deadline for response Deadline for reply The plaintiff files: The plaintiff files: The plaintiff files: • motion for summary judgment • brief in support • statement of proposed findings of fact • supporting evidence • brief in opposition to the defendant’s motion • response to the defendant’s proposed findings of fact • supplemental proposed findings of fact (optional) • supporting evidence • brief in reply to its motion • reply to the response to its proposed findings of fact • response to any supplemental proposed findings of fact • supporting evidence The defendant files: The defendant files: The defendant files: • motion for summary judgment • brief in support • statement of proposed findings of fact • supporting evidence • brief in opposition to the plaintiff’s motion • response to the plaintiff’s proposed findings of fact • supplemental proposed findings of fact (optional) • supporting evidence 8 • brief in reply to its motion • reply to the response to its proposed findings of fact • response to any supplemental proposed findings of fact • supporting evidence GUIDANCE TO PRO SE LITIGANTS REGARDING MOTIONS FOR SUMMARY JUDGMENT This court expects all litigants, including persons representing themselves, to follow this court’s procedures on motions for summary judgment. If a party does not follow the procedures, there will be no second chance to do so. The following is a list of mistakes that pro se plaintiffs tend to make when opposing a motion for summary judgment: 1. Problem: The plaintiff does not answer the defendant’s proposed facts correctly. Solution: To answer correctly, the plaintiff must file a document titled “Response to Defendant’s Proposed Findings of Fact.” In this document, the plaintiff must answer each numbered fact that the defendant proposes, using separate paragraphs that have the same numbers as defendant’s paragraphs. See II.D. If the plaintiff does not object to a fact that the defendant proposes, he should answer “Undisputed.” 2. Problem: The plaintiff submits a set of facts without answering the defendant’s facts. Solution: II.B. allows the plaintiff to file their own set of proposed facts in response to the defendant’s motion only if they think they need additional facts to prove their claim. But even if the plaintiff submits their own set of facts, they must also respond to the facts proposed by the defendant. 3. Problem: The plaintiff does not tell the court and the defendant where there is evidence in the record to support their version of a fact. Solution: The plaintiff must follow II.D.3., which explains how to dispute a proposed fact. Also, the plaintiff must follow I.B.4., which explains how a new proposed fact should be written. 4. Problem: The plaintiff supports a fact with an exhibit that the court cannot accept as evidence because it is not authenticated. Solution: I.C. explains what may be submitted as evidence. A copy of a document will not be accepted as evidence unless it is authenticated. That means that the plaintiff, or someone else who has personal knowledge of what the document is, must declare under penalty of perjury in a separate affidavit that the document is a true and correct copy of what it appears to be. For example, if the plaintiff wants to support a proposed fact with evidence that they received a conduct report, they must submit a copy of the conduct report, together with an affidavit in which the plaintiff declares under penalty of perjury that the copy is a true and unaltered copy of the conduct report they received on such and such a date. 8 JURY TRIALS The following procedures govern jury trials conducted before Judge Boor. Note that these procedures implicate final pretrial filings. The preliminary pretrial conference order tells the parties what documents must be submitted for the final pretrial conference and what the deadlines are for submitting them. The court’s standard voir dire questions and standard jury instructions are attached to this order and those will generally be asked and given in every case. The parties should not duplicate the standard questions or instructions. A. Final Pretrial Filings On or before the date identified in the Preliminary Pretrial Conference Order as the First Final Pretrial Conference, the parties shall provide opposing counsel and the court: 1. Rule 26(a)(3) disclosures. 2. Motions in limine. 3. Exhibit lists. Exhibits used only for impeachment and refreshing recollection need not be listed, but any exhibits not listed shall be excluded from admission into evidence except upon good cause shown. Please refer to the Procedures for Trial Exhibits and use the Trial Exhibit Form provided. If the exhibit list exceeds 100 exhibits, the parties should designate exhibits by “will use” and “may use” to expedite pre-trial review of objections. 4. A list of portions of depositions, to be offered into evidence at trial, by page and line, for witnesses unavailable at trial. 5. Suggested additional voir dire questions, if any. The parties should not duplicate the standard questions. 6. Proposed verdict forms. 7. Suggested additional jury instructions. In submitting proposed jury instructions, the parties shall follow the procedure below. Parties may submit briefs in support of their proposed jury instructions. B. Responses By the response deadline set in the Preliminary Pretrial Conference Order, the parties shall provide opposing counsel and the court: 1. Responses to motions in limine. 9 2. Objections to the opposing party’s designated exhibits on the trial exhibit list submitted by the opposing party. 3. Objections and counter designations to proffered deposition designations. 4. Responses to opposing parties’ voir dire questions, verdict forms, and jury instructions. C. Courtesy Word Versions In addition to filing the required materials on the docket, parties must submit electronic copies of any proposed additional voir dire questions, proposed special verdict forms, and proposed jury instructions by emailing them in Word format to chambers at [email protected]. The subject line of the email sent to chambers must include the case number and the phrase “Final Pretrial Submissions.” Proposed jury instructions shall be submitted in the following form: 1. A party must request pattern instructions by referring to the source (e.g., court’s standard instruction or Devitt & Blackmar, § 18.01). The court generally prefers to use the Seventh Circuit’s pattern instructions whenever possible. 2. The email version of a party’s proposed instructions must be formatted as follows: Special instructions or pattern instructions, whether modified or not, must be presented double-spaced with one instruction per page, and each instruction shall cite the pattern instruction, decision, statute, regulation or other authority supporting the proposition stated with any additions underlined and any deletions in strikethrough. 3. The court may refuse to entertain voir dire questions, special verdict forms, or jury instructions that a party does not submit in accordance with these procedures, unless the subject of the request arises during trial and could not reasonably have been anticipated prior to trial. D. Attendance at Final Pretrial Conference Each party must be represented at the final pretrial conference by the lawyer who will try the case, unless the party is proceeding pro se, in which case the pro se party must appear. A party represented by counsel shall also be present in person unless: 1. Counsel has been delegated the full authority to settle the case; or 2. Attendance in person impossible and arrangements are made for communication by telephone during the entire duration of the conference for the purpose of acting upon settlement proposals. is 10 BENCH TRIALS The following procedures govern bench trials conducted before Judge Boor. Note that these procedures implicate final pretrial filings. A. Meet and Confer Requirement Sufficiently prior to the first submission deadline for the final pretrial conference (set forth in the preliminary pretrial conference order), the parties must meet and confer to complete these tasks: 1. To prepare written stipulations of uncontested facts to be offered at trial as the first evidence presented by the party desiring to offer those facts. If a party objects to the admissibility of some uncontested facts that one party wishes to include, then the name of the party objecting and the grounds for objection must be stated. 2. To prepare written stipulations setting forth the qualifications of expert witnesses. (This is not a requirement that the parties stipulate that any expert is specifically qualified to offer expert opinion in the case) 3. To examine, mark, and list all exhibits that any party intends to offer at trial. 4. To agree as to the authenticity and admissibility of such exhibits so far as possible and note the grounds for objection to any not agreed upon. 5. To agree so far as possible on the issues of law 6. To prepare a list of all depositions and portions of depositions (cited by page and line) to be admitted into evidence. If a party objects to the admissibility of any portion, then the name of the party objecting and the grounds for objection must be stated. Plaintiff’s counsel must convene the conference between counsel and prepare and submit the Joint Pretrial Statement described in B(1) of this procedure. If plaintiff is proceeding pro se, then defendant’s counsel must perform these tasks unless the defendant requests to be excused and the court grants this request. A party’s failure to cooperate in this process is sanctionable by the court. B. Final Pretrial Filings These documents must be filed not later than the first submission deadline for the final pretrial conference: 13 1. Plaintiff’s counsel shall submit a Joint Pretrial Statement containing the following information: a. The parties’ written stipulation(s) of uncontested facts. b. The probable length of trial. If the parties cannot agree, then each side shall report its estimate of the length of its case-in-chief exclusive of cross- examination. c. A list of the names of all prospective witnesses for all parties, sorted by party. Only listed witnesses will be permitted to testify at trial except for good cause shown. d. The parties’ written stipulation(s) setting forth the qualifications of all expert witnesses. e. Lists of all exhibits that will be offered in evidence at trial, together with an indication of those agreed to be admissible and a summary statement of the ground(s) for objection to exhibits on which the parties do not agree. Only exhibits so listed shall be offered in evidence at the trial except for good cause shown. f. A statement listing any contested issues of law. g. A list of all depositions and portions of depositions (cited by page and line) to be offered in evidence. 2. Each party (or group of aligned parties) shall file: a. A statement, in numbered paragraph form, of all facts that it will request the court to find at the conclusion of the trial. In preparing these statements, counsel should have in mind those findings that will support a judgment in their client’s favor. The proposed findings should be complete. They should be organized in the manner in which counsel wish them to be entered. They should include stipulated facts, as well as facts not stipulated to, but which counsel expect to be supported by the record at the conclusion of the trial. Those facts that are stipulated to shall be so marked. b. Its proposed form of special verdict, as if the case were to 14 be tried to a jury. c. All motions in limine, including Daubert motions (unless the schedule provides an earlier deadline for Daubert motions). d. If there are contested issues of law reported pursuant to B(1)(f) of this procedure, then each side must present a brief explanation supporting its position on disputed issues of law. e. If there are disputes regarding deposition designations, a brief explanation of the party’s position regarding the disputes. f. Any party may choose to file a trial brief. This is optional. Each party (or group of aligned parties) must file these documents not later than the second submission deadline for the final pretrial conference: 1. Brief responses to the statement of facts and proposed form of special verdict offered by its opponent(s), simply flagging the disputes. Note that objections to exhibits must be flagged on the exhibit list(s) submitted with the Joint Pretrial Statement. 2. Responses to its opponent’s motions in limine and Daubert challenges. 3. A response to its opponent’s explanation regarding contested issues of law offered pursuant to B(2)(d) of this procedure. 4. A response to its opponent’s explanation regarding deposition disputes offered pursuant to B(2)(e) of this procedure. 5. A response to any trial brief submitted by its opponent. C. Final Pretrial Conference At the final pretrial conference, each party shall be represented by the lawyer who will actually try the case unless the party is proceeding pro se, in which case the pro se party must appear. D. Trial Exhibits Following the final pretrial conference, not later than the deadline set by the presiding judge, each party shall submit to the court a complete set of its pre-marked trial exhibits in electronic form pursuant to the court’s procedures. 15 TRIAL EXHIBITS Pursuant to Federal Rule of Civil Procedure 26, the parties must file copies of their pretrial disclosures with the court. Exhibits for use at trial should not be docketed electronically. Counsel should use the form below to list their exhibits (a blank copy of the form is available on the court’s website). Counsel are to retain the original exhibits following trial. 1. Each party is to label all of its exhibits. 2. Each party is to submit a list of its exhibits. The party should identify the witness(es) during whose testimony the exhibit will be offered into evidence, the number of each exhibit, and a brief description. 3. Objections to exhibits must be raised as part of a party’s response to its opponent’s pretrial disclosures. In addition to any brief, the objecting party must file a new copy of its opponent’s list of exhibits, and the objecting party must complete the column for objections by adding a very short statement describing its objection. 4. Before the start of trial, each party is to provide the clerk’s office with an exhibit list and electronic copies of their trial exhibits per the court’s procedures. Unless otherwise directed by the court, each party must submit copies of its trial exhibits by 4:00 p.m. on the business day before the first day of trial (note that in many cases, this may be a Friday). 5. As a general rule, the plaintiff should use exhibit numbers 1-500 and the defendant should use exhibit numbers 501 and up. If the parties can agree on a different, logical convention for numbering exhibits, then they are free to do so. 6. Each party is to maintain custody of its own exhibits throughout the trial. Counsel are to keep track of which exhibits have been admitted into evidence. 7. At the end of trial, each party is to retain all exhibits that become a part of the record. It is each party’s responsibility to maintain its exhibits and to make arrangements with the clerk’s office to include these exhibits in the appeal record. 8. Once reference is made to an exhibit at trial, the exhibit becomes part of the record, even though the exhibit might not be formally offered or might not be received. Questions about these instructions may be directed to the clerk’s office at (608) 264- 5156. 16 TRIAL EXHIBIT FORM EXHIBIT (S) OF (Indicate plaintiff or defendant) v. Case No. Identification No. Witness Description Offers, Objections, Rulings, Exceptions Doc. Date 17 STANDARD VOIR DIRE QUESTIONS 1. Have any of you ever heard of this case before today? Follow up at sidebar. 2. The trial of this case will begin and will last probably days, finishing on . Are any of you unable to serve as a juror during this time? Knowledge of parties and others 3. Ask counsel to stand and tell the jury where they practice and with whom. Ask panel whether anyone knows counsel or their associates or partners. 4. Ask counsel to introduce the parties. Ask panel whether anyone knows the parties. 5. The witnesses in the case may include the following individuals. (Read list of witnesses.) Do any of you know any of the witnesses? 6. Do any of you know the judge or court personnel? 7. Do any of you know any of the other persons on the jury panel? Questions to each prospective juror (listed on a sheet provided to jurors): Please stand up and tell us about yourself: 8. Name, age, and city or town of residence. 9. How long have you lived in your current hometown? 10. Marital status and number of children, if any. 11. Current occupation (former if retired). 12. Current (or former) occupation of your spouse, domestic partner, or significant other. 13. If you have adult children, what do they do? 14. Any military service, including branch, rank and approximate date of discharge. 15. How far you went in school and major areas of study, if any. 16. Memberships in any groups or organizations. Do you hold leadership positions in these groups? 18 17. Hobbies and leisure-time activities. 18. Media consumption. What are your favorite types of reading materials, what sources do you use for news, what types of television or radio shows do you watch or listen to, what types of websites do you visit? 19. Have you ever written a letter to the editor in a newspaper or magazine? 20. Do you have any bumper stickers on your car? If so, what do they say or depict? Litigation experience and opinions 21. Have you, a relative, or a close friend been a party to a lawsuit? 22. Have you, a relative, or a close friend ever been a witness in a lawsuit? 23. Have you, a relative, or a close friend served on a jury? Follow up: nature of the case; find for plaintiff or defendant; were you the foreperson? 24. Do you have strong opinions, whether positive or negative, about people who go to court to obtain relief for wrongs they believe they have suffered? Specialized knowledge or experience [case-specific questions] Conclusion 25. At the end of the case, I will give you instructions that will govern your deliberations. You are required to follow those instructions, even if you do not agree with them. Is there any one of you who would be unable or unwilling to follow my instructions? 26. Do you know of any reason whatsoever why you could not sit as a trial juror with absolute impartiality to all the parties in this case? 19 STANDARD CIVIL JURY INSTRUCTIONS Members of the jury, we are about to begin the trial of the case. Before it begins, I will give you some instructions to help you understand how the trial will proceed, how you should evaluate the evidence, and how you should conduct yourselves during the trial. The party who begins the lawsuit is called the plaintiff. In this case, the plaintiff is ___. The party against whom the suit is brought is called the defendant. In this case, the defendant is ___. [Describe the nature of the case and each party’s claims and defenses.] CONDUCT OF THE CASE The case will proceed as follows: First, plaintiff’s counsel will make an opening statement outlining plaintiff’s case. Immediately after plaintiff’s statement, defendant’s counsel will also make an opening statement outlining defendant’s case. What is said in opening statements is not evidence; it is simply a guide to help you understand what each party expects the evidence to show. Second, after the opening statements, the plaintiff will introduce evidence in support of his claim. At the conclusion of the plaintiff’s case, the defendant may introduce evidence. And, finally, the plaintiff may choose to introduce rebuttal evidence. Third, after the evidence is presented, the parties will make closing arguments 20 explaining what they believe the evidence has shown and what inferences you should draw from the evidence. What is said in closing argument is not evidence. Plaintiff will make the first closing argument and can make a short rebuttal argument after the defendant’s closing argument. Fourth, I will instruct you on the law that you are to apply in reaching your verdict. I will give you copies of all my instructions, including these instructions that I am reading now, so you will have them in writing when you deliberate. Fifth, you will retire to the jury room and conduct your deliberations. The trial day will run from 9:00 a.m. until 5:30 p.m. Usually, you will have at least an hour for lunch and two additional short breaks, one in the morning and one in the afternoon. Sometimes I will have to adjust this schedule to take care of something in another case, so we will be somewhat flexible. The courtroom is often kept at a cold temperature; I encourage you to bring clothing that will keep you comfortable in a range of conditions During recesses you should keep in mind the following instructions: First, do not discuss the case either among yourselves or with anyone else during the course of the trial. I realize that this case is the one thing you all have in common, but you must not talk about it, even amongst yourselves, until it is time to deliberate. Once you express an opinion, there is a natural tendency to defend it, and this might make you resist changing your mind. The parties to this