HERE; Example of a HIPAA Protective Order; HERE; Standing Order for Preparation of Pretrial Materials; Trial Conduct and Procedures; Standard Voir Dire Questions; Standard Preliminary Jury Instructions; Standard Final Jury Instructions; HERE; Trial Procedures in Criminal Cases; Standard Confidential

Hon. Jeffrey I. Cummings · U.S. District Court for the Northern District of Illinois

Role: District Judge

Bluebook Citation: Hon. Jeffrey I. Cummings, HERE; Example of a HIPAA Protective Order; HERE; Standing Order for Preparation of Pretrial Materials; Trial Conduct and Procedures; Standard Voir Dire Questions; Standard Preliminary Jury Instructions; Standard Final Jury Instructions; HERE; Trial Procedures in Criminal Cases; Standard Confidential, U.S. District Court for the Northern District of Illinois

Judge Profile: Hon. Jeffrey I. Cummings profile and standing orders

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INITIAL STATUS REPORT FOR NEW CASE This case has been assigned to the calendar of Judge Jeffrey I. Cummings. The parties are directed to meet pursuant to Federal Rule of Civil Procedure 26(f) and conduct a planning conference. At least five business days prior to the initial status hearing in this case, please file a joint Initial Status Report for New Case, not to exceed five pages, containing the following information: I. The Nature of the Case: A. B. C. D. Identify (names and contact information) for all attorneys of record for each party, including the lead trial attorney. Briefly describe the nature of the claims asserted in the complaint and any counterclaims and/or third-party claims. Briefly identify the major legal and factual issues in the case. State the relief sought by any of the parties. II. Jurisdiction: Explain why the Court has subject matter jurisdiction over the plaintiff(s)’ claim(s). A. B. Identify all federal statutes on which federal question jurisdiction is based. If jurisdiction over any claims is based on diversity or supplemental jurisdiction: 1. 2. State whether/why the amount in controversy exceeds the jurisdictional threshold or whether there is a dispute regarding the amount in controversy (and, if so, the basis of that dispute). Identify the state of citizenship of each named party. For unincorporated associations, LLCs, partnerships, and other business entities that are not corporations, the state(s) in which any individual members of the business unit are citizens must be identified. NOTE 1: Individuals are citizens of the state where they are domiciled; that may or may not be the state where they currently reside. See Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). NOTE 2: A supplement to the statement of the basis for federal jurisdiction shall be filed within 14 days of any change in the information provided in the Initial Status Report. III. Status of Service: Identify any defendants that have not been served. If plaintiff has failed to complete service of process on all defendants, then counsel must describe the efforts to perfect service to date, and provide an estimate for completion of service consistent with Federal Rule of Civil Procedure 4. IV. Motions: A. B. Briefly describe any pending motions. State whether the defendant(s) anticipate responding to the complaint by filing an answer or by means of a motion. V. Case Plan: A. Submit a proposal for a discovery plan, including the following information1: 1. 2. 3. 4. 5. 6. The general type of discovery needed; A date for Rule 26(a)(1) disclosures; First date by which to issue written discovery; A proposed fact discovery completion date; A proposed deadline for amended pleadings; and Whether the parties anticipate expert discovery and, if so, a proposed schedule for the completion of expert discovery; and B. With respect to trial, indicate the following: 1. Whether a jury trial is requested; and 2. The probable length of trial. VI. Consent and Settlement Discussions: A. The court strongly encourages the parties to consider consenting to the jurisdiction of the assigned Magistrate Judge. Confirm that counsel have advised the parties that they may proceed before a Magistrate Judge and state whether all parties unanimously consent to do so. 1 For patent cases, the proposed schedule should follow the schedule set forth in the Local Patent Rules. B. Describe the status of any settlement discussions conducted to date (without including the particulars of any demands or offers that have been made) and advise whether the parties mutually request a settlement conference at this time.

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=== Standing Order for Preparation of Pretrial Materials ===

JUDGE JEFFREY I. CUMMINGS 219 South Dearborn Street Chicago, IL 60604 Courtroom 1219 Chambers 1278 Website: http://www.ilnd.uscourts.gov Courtroom Deputy – Chez Chambers Room 1218 Telephone: (312) 435-6051 Telephone: (312) 435-5630 Fax: (312) 777-3810 PREPARATION OF PROPOSED FINAL PRETRIAL ORDER AND OTHER TRIAL PREPARATION MATERIALS IN A CIVIL TRIAL THE PROPOSED FINAL PRETRIAL ORDER In advance of trial, the Court will require the parties to jointly prepare a proposed Pretrial Order. In each particular case, the Court will set the date on which the proposed final Pretrial Order is to be submitted, as well as deadlines for filing motions in limine, responses thereto, proposed jury instructions and proposed voir dire questions. The proposed final Pretrial Order (including the Court’s courtesy copies) must be appropriately tabbed, and must include the following items. 1. 2. 3. Jurisdiction - A statement of the basis alleged for the Court’s jurisdiction and, if jurisdiction is disputed, the nature and basis of the dispute. Trial Attorneys – A list of the attorneys trying the case that includes their business and cell phone numbers and email addresses. Case Statement - A concise joint statement of the case, which includes the names of the parties and the attorneys who will be representing them at trial; the nature of the case; and the claims, counterclaims and cross-claims asserted by the parties. In a jury case, this statement will be read to the jury during voir dire. 1 4. Contested Issues – A concise, numbered list of contested issues of fact and/or law. 5. Stipulations - A statement of any stipulations reached by the parties. 6. Witness Lists - Separate lists for plaintiff and defendant providing the names and addresses of witnesses, including experts, divided into the following three categories: (a) witnesses who will be called to testify at trial; (b) witnesses who may be called to testify at trial; and (c) witnesses whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by transcript or video). In a jury case, these lists will be read to the jury during voir dire. For each witness, provide a concise (two or three sentence maximum) description of the witness and the witness’ role in the case. For example, “Mr. X is plaintiff’s nephew. Mr. X witnessed the arrest of plaintiff where defendants allegedly used excessive force.” Or: “Ms. T is defendant’s Human Resources Manager. Ms. T made the decision to terminate plaintiff’s employment.” All expert witnesses who will or may be called must be included on the witness list. No more than one expert will be permitted to testify on a subject for any party. In the event that any party identifies more than one expert witness, a brief statement of the topic of each expert’s testimony must be provided. Any witness not listed in the Pretrial Order will be precluded from testifying absent a showing a good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable as rebuttal witnesses) as may be necessary. Objections. All objections to the calling of any witnesses, and the reasons for the objections, must be stated in the Pretrial Order. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. If the objection is the subject of a motion in limine or Daubert motion, the Pretrial Order may simply refer to the motion and it need not repeat the grounds stated in the motion. Depositions and Other Prior Testimony. For witnesses who will be presented by deposition or other prior testimony, the Pretrial Order must include for each such witness a chart containing the following information: (a) the testimony that each side seeks to present, by page and line; (b) a concise statement of objections to any testimony and the basis for the objection with appropriate citations to evidentiary rules or case law; and (c) a concise statement of the asserted basis of admissibility with appropriate citations to evidentiary rules or case law. The 2 parties must also submit with the Pretrial Order highlighted deposition transcripts for each witness who will be presented by deposition. Deposition transcripts will not be provided to the jury during deliberations. 7. Exhibit Lists - Lists of the trial exhibits (including demonstratives, summaries or other specially prepared exhibits), which are to be prepared as specified below. Any exhibit not listed in the Pretrial Order will be excluded from evidence absent a showing of good cause. A list of any joint exhibits, which states: (a) the exhibit number for the document (preceded by “JX”); (b) the date of the document; and (c) a brief description of the document. Separate lists of plaintiff’s and defendant’s exhibits, which each state: (a) the exhibit number for the document (preceded by “PX” for plaintiff’s exhibits and “DX” for defendant’s exhibits); (b) the date of the document; (c) a brief description of the document; (d) whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection; and (e) a concise statement of the asserted basis of admissibility. The parties should follow a similar format for objections and asserted bases for admissibility to that outlined above for deposition or other prior testimony designations. Objections not made in the Pretrial Order will be deemed waived absent a showing of good cause. The Court will require the parties to prepare tabbed exhibit binders and deliver them to Chambers shortly before the trial date. If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit. 8. 9. Estimate of Trial Time - A statement of whether the case will be a bench trial or jury trial, and a realistic estimate – in number of hours – of the length of the trial. Damage Itemization - An itemization of damages and other relief sought in the event liability is established. 10. Trial Briefs - Trial briefs are limited to ten (10) pages unless prior leave of Court is obtained and shall be filed unless waived by the Court. Trial briefs are intended to provide a full and complete disclosure of the parties’ respective theories of the case. Accordingly, each trial brief shall set forth the party’s theory of liability or defense, the party’s theory of damages or other relief in the event liability is established, and the party’s theory of any anticipated motion for judgment as a matter of law. The trial brief shall also include citations to authorities to support each theory stated in the brief. 3 11. Settlement Status – A statement summarizing the current status of settlement negotiations and whether the parties believe that a pretrial settlement conference would be productive. 12. Motions In Limine - A list of the titles of all motions in limine filed by each party. The actual motions in limine are not to be bound with the proposed final Pretrial Order, but must be electronically filed separately on the CM/ECF system in accordance with the deadlines set by the Court. If no briefing schedule has otherwise been set by the Court, motions in limine shall be filed no later than twenty-one (21) days before the Pretrial Order is to be filed and responses shall be filed no later than fourteen (14) days before the Pretrial Order is to be filed. Motions in limine and responses in opposition are limited to five (5) pages unless prior leave of Court is obtained. The Court discourages the filing of “boilerplate” motions in limine or motions that address matters not in dispute. The parties are reminded that the Court’s Case Management Procedures require compliance with Local Rule 37.2 before filing any motions, including motions in limine. Accordingly, any motion in limine must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, the opposing party actually intends to offer evidence that the movant seeks to exclude. If the meet-and-confer process results in agreement that certain matters are inadmissible, that agreement should be memorialized in a stipulation to be provided to the Court in the Pretrial Order (see paragraph 5 above) or at the final pretrial conference. Please note that motions challenging the admissibility of expert testimony under Daubert v. Merrell Lynch Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), are not deemed motions in limine and must be filed in accordance with the applicable schedule for such motions. INSTRUCTIONS FOR COMPILING THE FINAL PRETRIAL ORDER Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible. These 4 dates may be varied only by written agreement of the parties or by order of the Court. Following the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Pretrial Order for submission. The Pretrial Order should be filed on the CM/ECF system with a cover page with the case caption and the title PROPOSED FINAL PRETRIAL ORDER. The cover document: (a) must recite that each of the foregoing categories of materials is included, (b) after that recitation, must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice,” and (c) must include the electronic signatures of counsel for each of the parties and provide a space for the signature of the Court. The final Pretrial Order will not be filed on CM/ECF until it is approved and signed by the Court. OTHER MATERIALS TO BE FILED BEFORE TRIAL • Proposed Findings and Conclusions of Law - In a bench trial, proposed findings of fact and conclusions of law are not to be included in the proposed final Pretrial Order but are to be separately filed in accordance with the deadlines set by the Court. • Juror Questionnaire - In a jury trial, to streamline the jury selection process, the Court will administer a written juror questionnaire to potential jurors in advance of voir dire. The Court’s “Standard Confidential Questionnaire for Prospective Jurors in a Civil Trial” is available on the Court’s website. Any objections or additions to the questionnaire shall be filed in accordance with the pretrial deadlines set by the Court. • Proposed Voir Dire and Jury Instructions - In a jury trial, additional proposed voir dire questions and jury instructions are not to be included in the proposed final Pretrial Order, but are to be separately filed with courtesy copies delivered to chambers. The proposed voir dire and jury instructions are to be prepared and submitted in accordance with the deadlines set by the Court as follows: Proposed Voir Dire - The Court’s general voir dire questions can be obtained from the Court’s website. Pursuant to the pretrial schedule set by the Court, the parties must file a joint document that includes: (a) each party’s proposed additional voir dire questions, and (b) each party’s objections, if any, to the voir dire questions proposed by other parties. Each side is limited to 4 additional proposed voir dire questions. Proposed Jury Instructions - The parties shall employ the Federal Civil Jury Instructions of the Seventh Circuit when applicable. Absent an order of the Court 5 setting a different schedule, by no later than twenty-one (21) calendar days before trial, plaintiff’s counsel must serve on defendant’s counsel a set of proposed jury instructions. By no later than fourteen (14) calendar days before trial, defendant’s counsel must serve on plaintiff’s counsel a document setting forth: (a) which of plaintiff’s proposed instructions are agreed, (b) which of plaintiff’s proposed instructions are disputed (and the basis for any dispute), and (c) any modified or additional instructions proposed by defendant’s counsel. By no later than ten (10) calendar days before trial, plaintiff’s counsel and defendant’s counsel must meet and confer to attempt to resolve any disagreements about instructions. By no later than seven (7) calendar days before trial, the parties must file a joint document setting forth all agreed and proposed jury instructions as follows: • • • The Court uses standard preliminary instructions in all civil cases, which are available on the Court’s website. The parties’ joint document shall set forth any objections to the standard instructions, or any requests for different or additional preliminary instructions. The joint document must set forth all proposed preliminary instructions. The joint document must set forth all instructions that the parties propose to be given at the close of trial, arranged in the order that the parties propose they be given. The Court uses certain standard final instructions, which are available on the Court’s website. Any objections to those standard instructions and any requests for variation to those instructions should be set forth in this portion of the submission. Each proposed instruction must be identified at the top of the page by number, and must indicate the proponent of the instruction and whether the instruction is agreed or disputed (e.g., “Agreed Plaintiff’s Proposed Preliminary Instruction No. __”; “Defendant’s Disputed Proposed Final Instruction No. __”). The bottom of each instruction must identify the legal authority supporting that instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the page immediately following the disputed instruction; on the next immediate page, the party proposing the instruction may state concisely the reasons supporting the instruction as proposed. DAILY/EXPEDITED TRANSCRIPT AND REAL-TIME REPORTING Any requests for daily or other expedited transcripts and real-time reporting must be made at least ten (10) business days prior to trial so that an appropriate court reporter can be assigned to the trial. 6 TRIAL TECHNOLOGY It is the responsibility of the parties to learn the Court’s electronic system and how to use it appropriately at trial before the first day of trial. The parties shall make an appointment with the AV Technology Specialist by calling (312) 435-6045 or by email request in order to learn how to use the exhibit system. The Court will control the publication of exhibits to the jury and therefore the parties must request the Court to publish an exhibit. More information regarding the Court’s technology is available at: https://www.ilnd.uscourts.gov/Pages.aspx?page=CourtRoomTechnology THE FINAL PRETRIAL CONFERENCE A final pretrial conference will be held approximately two weeks before trial. At the pretrial conference, the Court will address pending motions in limine, objections to exhibits, and objections to designations of depositions or other prior testimony. At that time, the Court also will discuss with the parties trial procedures and scheduling. The purpose of this conference is to avoid surprises and simplify the trial. Trial counsel, fully prepared and with authority to discuss all aspects of the case, must attend. The Court also may require the plaintiff and defendant to attend the final pretrial conference in order to discuss settlement following the pretrial rulings. COURTESY COPIES Courtesy copies of trial-related materials are not required unless specifically ordered by the Court. ENTER: ______________________________ Jeffrey Cummings United States District Court Judge Dated: November 2, 2023 7

=== Trial Conduct and Procedures ===

=== Standard Voir Dire Questions ===

=== Standard Preliminary Jury Instructions ===

JUDGE JEFFREY I. CUMMINGS 219 South Dearborn Street Chicago, IL 60604 Courtroom 1219 Chambers 1278 Website: http://www.ilnd.uscourts.gov Courtroom Deputy – Chez Chambers Room 1218 Telephone: (312) 435-6051 Telephone: (312) 435-5630 Fax: (312) 777-3810 STANDARD PRELIMINARY JURY INSTRUCTIONS-CIVIL The following preliminary instructions will generally be used in all civil cases. Bracketed portions will be given where appropriate. Objections to any of these instructions, and any requests for variation, should be brought to the Court’s attention at or before the final pretrial conference. Court’s Preliminary Instruction No. 1 Introductory Paragraph Members of the jury, you are now the jury in this case. At the end of the trial, I will give you detailed instructions that will control your deliberations. Before the trial begins, however, I want to give you an overview of what will happen, and I want to give you certain instructions you should have in order to better understand what will be presented before you, what will be expected of you, and how you should conduct yourself during the trial. You should not take anything I say or do during trial as indicating what I think of the evidence, or what your verdict should be. Court’s Preliminary Instruction No. 2 Order of Trial The trial will proceed in the following order: First, the plaintiff’s attorney may make an opening statement outlining the plaintiff’s case. The defendant’s attorney then may make an opening statement outlining the defendant’s case. What the lawyers say in their opening statements is not evidence but is simply a summary of what the attorneys expect the evidence to be. Second, after opening statements, plaintiff will introduce evidence in support of his claim. That evidence may be presented through testimony by witnesses, stipulations, and exhibits. The defendant may cross-examine witnesses the plaintiff calls to testify. At the end of the plaintiff’s case, the defendant may introduce evidence. The defendant, however, is not obligated to introduce any evidence or to call any witnesses. If the defendant introduces evidence, again, this may be through testimony by witnesses, stipulations and exhibits. Plaintiff may cross-examine witnesses the defendant calls to testify. After each side has completed putting on what we call their “main” cases, plaintiff may be permitted to present rebuttal evidence [and defendant may be permitted to present sur-rebuttal evidence]. Third, after the evidence has been presented, I will instruct you on the law which you are to apply in reaching your verdict. Fourth, after I have instructed you, the parties will present closing arguments outlining what they consider the evidence has shown, and the inferences which they contend you should draw from the evidence. What is said in closing argument, just as what is said in opening statement, is not evidence. The arguments are designed to present to you the contentions of the parties based on the evidence introduced. The plaintiff has the right to open and to close the argument. Fifth, you will then go to the jury room to deliberate on your verdict. Court’s Preliminary Instruction No. 3 Evidence The evidence in the case will generally consist of the sworn testimony of the witnesses, regardless of who may have called them; and all exhibits received in evidence, regardless of who may have produced them; all stipulations (which are matters that the parties agree on, and that you must accept) and all facts which may have been judicially noticed, and which I instruct you to take as true for the purposes of the case. Please remember that the exhibits are not entitled to more weight than testimony. Court’s Preliminary Instruction No. 4 Deposition Evidence Certain testimony may be presented to you by the reading of deposition, consisting of sworn answers to questions asked of the witness in advance of the trial by one or more of the attorneys or the parties to the case. Deposition testimony presented to you is entitled to the same consideration, and is to be judged as to credibility, insofar as possible, in the same way as if the witness had been present and had testified from the witness stand. That is to say, you must not decide to accept certain testimony just because it is by deposition, or reject it for that reason. Court’s Preliminary Instruction No. 5 Direct and Circumstantial Evidence There are two kinds of evidence: direct and circumstantial. Direct evidence is testimony by a witness who claims to have personal knowledge of something: such as, something that witness personally saw or heard or did. Circumstantial evidence is proof of one or more facts which tend to show whether something else is true. As an example, direct evidence that it is raining is testimony from a witness who says, “I was outside a minute ago and I saw it raining.” Circumstantial evidence that it is raining is the observation of someone entering a room carrying a wet umbrella. You should consider all the evidence in this case, both direct and circumstantial evidence. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. It is for you to decide how much weight to give to any evidence, whether direct or circumstantial. Court’s Preliminary Instruction No. 6 Rulings on Objections From time to time I will be making rulings on objections posed by the attorneys. There are rules of evidence which control what can be received into evidence. When a lawyer asks a question or offers an exhibit into evidence and a lawyer on the other side thinks that it is not permitted by the rules of evidence, that lawyer may object. If I overrule the objection, the question may be answered or the exhibit received. If I sustain the objection, the question cannot be answered and the exhibit cannot be received. Any evidence as to which an objection is sustained by the court, must be entirely disregarded. Whenever I sustain an objection to a question, ignore the question and do not guess what the answer would have been. Remember, you must not be prejudiced for or against a lawyer or the party that lawyer represents because the lawyer makes objections and I either sustain or overrule the objections. Do not draw any conclusion from such objections, or from my rulings. These only relate to legal questions that I must decide and should not influence your thinking. Sometimes I may order that evidence be stricken from the record and that you disregard or ignore the evidence. That means that when you are deciding the case, you must not consider the evidence which I told you to disregard. Some evidence may be admitted for a limited purpose only. When I instruct you that an item of evidence has been admitted for a limited purpose, you must consider it only for that limited purpose and for no other. At times during the trial, it may be necessary for the lawyers and me to discuss certain legal matters out of your presence. The conferences are necessary to ensure that the law is properly applied. I will try to keep these conferences to a minimum and as brief as possible. Sometimes, I will try to do it by bench conference where the lawyers approach the bench and we whisper together, while the court reporter records all that we say, but outside your hearing. You should feel free to stand up and stretch your limbs while we are so occupied. If the matter appears to require prolonged attention, I will excuse you from the courtroom for your greater comfort. Please understand that we are working during these conferences to make sure the case goes smoothly and fairly. ______________________________________________________________________________ Court’s Preliminary Instruction No. 7 Inferences You are to consider only the evidence in the case. However, in our lives, we often look at one fact and conclude from it that another fact exists. In the law, we call this an “inference.” A jury is allowed to make reasonable inferences, based on the evidence in the case. You should use common sense in weighing the evidence, and consider the evidence in light of your own observations in life. ______________________________________________________________________________ Court’s Preliminary Instruction No. 8 Pay Attention At the end of the trial, it will be your duty to make your decision based on what you recall of the evidence. You will not have a written transcript to consult. So, there will be no instant replay here. For that reason, it is especially important that you pay close attention to the testimony of every witness as it is given. Listening is hard. It requires work and effort. But it is something you must strive to do, in order to give these parties the fair and impartial trial they deserve. ______________________________________________________________________________ Court’s Preliminary Instruction No. 9 Note Taking Allowed The court will permit jurors to take notes during the course of the trial. I recognize that for some people, writing things down helps them to remember. That is not true of everyone. For some people, taking notes may preoccupy them so that they do not hear and evaluate all of the evidence. You are not obliged to take notes. If, however, you do take notes, do not allow note taking to distract you from the ongoing proceedings. If you take notes, they should be used as memory aids only – that is, to refresh your memory of the testimony given. The notes are not evidence. You should not give your notes precedence over your independent recollection of the evidence. If your memory differs from your notes, you should rely on your memory and not your notes. If you do not take notes, you should rely on your own independent recollection of the proceedings and you should not be unduly influenced by the notes of other jurors. I strongly emphasize that notes are not entitled to any greater weight than the independent recollections or impressions of each juror as to what the testimony may have been. If you want to take notes, and that is entirely up to you, we will provide you with a notepad for that purpose. In taking notes you will be required to follow these procedures: 1. Please place your name on the cover of the notepad. Start your notes on the second page of the notepad. No one else will be allowed to look at your notes at any time. This will include even me. 2. 3. 4. During the trial, you must not take these notes with you when you leave the courtroom. The notes will be collected by my deputy clerk at the close of the court day. No one, including me, will look at your notes when they are in the court’s custody. You may use your notes to refresh your memory when you deliberate on your verdict. Your notes are for your use only, not for any other juror’s use. Do not show them to anyone at any time. This includes not showing them to other jurors, at any time during the course of the trial and even during that time when the jury will be deliberating on a verdict. At the end of the trial, when you are discharged from further service in this case, the notes will be collected by my deputy clerk. They then will be destroyed. Again, no one will be allowed to look at the notes before they are destroyed. For those jurors who decide not to take notes, let me repeat that just because a juror has taken notes it does not mean that his or her memory of the evidence is any better than the memory of a juror who has not taken any notes. ______________________________________________________________________________ ______________________________________________________________________________ Court’s Preliminary Instruction No. 10 Credibility of Witnesses As I have told you, it will be your job to find the facts in this case. An important part of that job will be to make judgments about the testimony of the witnesses. You will have to decide which witnesses to believe and which witnesses not to believe. You may believe everything a witness says or only part of it or none of it. And you will have to decide how important the testimony was; how it fits in. In deciding these things, you may consider a number of factors, including the witness’ ability to see or hear or know the things the witness testified to; the quality of the witness’ memory; the witness’ manner while testifying; any interest the witness may have in the outcome of the case or any motive, bias or prejudice; any contradiction of the witness by anything the witness said or wrote before trial or by other evidence; and the reasonableness of the witness’ testimony when considered in the light of other evidence which you believe. You are not required to decide what to believe just because there are more witnesses on one side of that point. Your job is to think about the testimony of each witness and decide what to believe. ______________________________________________________________________________ Court’s Preliminary Instruction No. 11 Expert Witness There may be expert witness testimony in this case. You should judge the testimony of an expert witness just as you judge the testimony of any other witness, under the factors I already mentioned. In the case of an expert witness, you also should evaluate the expert’s training, qualifications and knowledge of the subject matter which the expert is testifying about, and whether the opinions are based on sound reasoning, judgment and information. The fact that an expert has given an opinion does not mean you are required to accept it. You may accept or reject an expert’s opinion in whole or in part, just as with any other witness. ______________________________________________________________________________ Court’s Preliminary Instruction No. 12 Burden of Proof When I say a particular party must prove something by “a preponderance of the evidence,” this is what I mean: when you have considered all of the evidence in the case, you must be persuaded that it is more probably true than not true. [When I say that a particular party must prove something by “clear and convincing evidence,” this is what I mean: when you have considered all of the evidence, you [are convinced that it is highly probable that it is true] [have no reasonable doubt that it is true]]. [That is a higher burden of proof than “more probably true than not true.” Clear and convincing evidence must persuade you that it is “highly probably true.”]] Those of you who have been jurors in criminal cases will have heard of proof beyond a reasonable doubt. That requirement does not apply to a civil case and you should, therefore, put it out of your mind. ______________________________________________________________________________ ______________________________________________________________________________ Court’s Preliminary Instruction No. 13 What Is Not Evidence In reaching your verdict you may consider only the stipulations and the testimony and exhibits received into evidence. Certain things are not evidence and you may not consider them in deciding what the facts are: • • • • • Arguments and statements by lawyers are not evidence; Questions and objections by lawyers are not evidence; Evidence ordered stricken by the court is no longer evidence in this case and must be entirely disregarded; Testimony I have instructed you to disregard is not evidence; and Anything you may have seen or heard when the court is not in session, even if what you see or hear is done or said by one of the parties or by one of the witnesses, is not evidence and must be totally disregarded. ______________________________________________________________________________ Court’s Preliminary Instruction No. 14 Court’s Questions to Witnesses During the trial, I may occasionally ask questions of a witness. Do not assume that I hold any opinion on the matters to which my questions may have related, or about how the case should be decided. ______________________________________________________________________________ Court’s Preliminary Instruction No. 15 Jury Questions If you, after listening to a witness’ testimony on both direct examination and cross-examination, have a question that you feel may clarify the witness’ testimony, you may, if you desire, write your own question and give it to my clerk. Do not write your name down on the question. My clerk will provide it to me and I, as I must, will share your question with the lawyers in the case. If your question is a proper inquiry under the rules of evidence, I will read your question to the witness so the witness may answer it. Under the rules of evidence, questions must be asked in a certain form, and I will attempt to modify the form of any submitted question to conform with the proper form. Also, under the rules of evidence if you submit a question, and it is not asked, it is because I, as the judge, have determined that the question should not be asked under the law. You should draw no conclusions or inferences if a question is not asked with regard to the facts in the case, and you should not speculate about the answer to any unanswered question. Likewise, in considering the evidence in the case, you should not give greater weight to the testimony given in answer to any question submitted by a member of the jury. ______________________________________________________________________________ Court’s Preliminary Instruction No. 16 Conduct of Jury Now, I want to say a few words about your conduct as jurors. First, do not talk to each other about this case until the end of the case when you go to the jury room to deliberate and decide on your verdict. Do not talk with anyone else about this case or about anyone who has anything to do with it until the trial has ended and you have been finally discharged as jurors. “Anyone else” includes members of your family and your friends. You may tell them that you are a juror in a case but don’t tell them anything about it until after you have been discharged. This bears repeating, and I will say it again to you during the trial. The reason for my instruction to you not to discuss this matter with anyone, including your fellow jurors, is to ensure that you maintain an open mind throughout this case and that you not prematurely reach any decision in the case until you have heard all the evidence, as well as the arguments of the parties. If you talk about the case with your fellow jurors, you might find yourself taking a position in the case without having the benefit of seeing and hearing all the evidence that will be presented. And then, human nature being what it is, you might be less receptive and less open to something that happens later in the trial that might be inconsistent with that position. We don’t want that to happen; we want you to approach all the evidence with an open mind. Do not make any judgments until all the evidence is in and I have instructed you on the law and sent you to deliberate. This is why you should not discuss the case with anyone and reserve your decision in the case until all the evidence has been presented. Second, do not let anyone talk to you about the case or about anyone who has anything to do with it. If someone should try to talk to you, please report it to me immediately. If you need to communicate with me, give a signed note to my deputy, who will give it to me. Third, do not read any news stories or articles or listen to any radio or television reports about the case or about anyone who has anything to do with it. Fourth, do not do any research, such as by consulting dictionaries, or the internet, or make any investigation about the case on your own. Fifth, do not make up your mind about what the verdict should be until after you have gone to the jury room to decide the case and you and your fellow jurors have discussed the evidence. Keep an open mind until then. ______________________________________________________________________________ ______________________________________________________________________________ Court’s Preliminary Instruction No. 17 Communications Between Attorneys and Jurors By reason of the close physical layout of the courtroom and jury chambers, you may have occasion to see the attorneys in this case, in the hallways, and during breaks from the trial. We will try to avoid that as much as possible. Jurors should use the north elevator bank; lawyers the south elevator bank. But it still may happen. The attorneys are obligated to avoid any contact with the jury. Therefore, do not be offended if the attorneys do not speak with you, avoid eye contact, or do not even acknowledge you. They are not trying to be unfriendly; they are merely trying to avoid contact, which is what the court requires of them. At the conclusion of the trial, after the verdict has been entered, you will have an opportunity to meet with the lawyers if you so desire, but until that time any contact is prohibited. ______________________________________________________________________________ ______________________________________________________________________________ Court’s Preliminary Instruction No. 18 Description of a Trial Day Starting and ending times: We generally will begin the trial day at 9:00 a.m. – you’ll be required to be in the jury room at 8:45 a.m. We will take a lunch break for about one hour beginning sometime around 12:30 to 1:00 p.m. We will take a morning and afternoon break of 15 minutes each. We hope to conclude the trial day by around 4:30 or 5:00 p.m. – maybe a little earlier, but not much later. The only exception will be when the case ends and your deliberations are ongoing. The jury room will be your home base during the course of the trial. You will always assemble in the jury room at the beginning of the day as well as at the end of lunch break. Your recesses will be in the jury room. You will find restrooms for your personal use in the jury room confines. There will be coffee and rolls provided to you each morning. Hopefully, an afternoon snack will also be provided to you. We will try to make your duties as pleasant and as comfortable as possible. If you have any problems, please let my courtroom deputy clerk know about them. She will then inform me, and we will see if we can resolve the matter. ENTER: ______________________________ Jeffrey Cummings United States District Court Judge Dated: November 2, 2023

=== Standard Final Jury Instructions ===

JUDGE JEFFREY I. CUMMINGS 219 South Dearborn Street Chicago, IL 60604 Courtroom 1219 Chambers 1278 Website: http://www.ilnd.uscourts.gov Telephone: (312) 435-5630 Fax: (312) 777-3810 Courtroom Deputy – Chez Chambers Room 1218 Telephone: (312) 435-6051 STANDARD FINAL JURY INSTRUCTIONS-CIVIL INTRODUCTION The following instructions should be used in all civil cases in which they are appropriate. Any objections to any of these instructions and any request for variation should be brought to the Court’s attention at or before the final pretrial conference. Bracketed instructions or portions of instructions will be given where appropriate. COURT’S INSTRUCTION NO. 1 The Functions of the Court and the Jury Members of the jury, you have seen and heard all the evidence and arguments of the attorneys. Now I will instruct you on the law. You have two duties as a jury. Your first duty is to decide the facts from the evidence in the case. This is your job, and yours alone. Your second duty is to apply the law that I give you to the facts. You must follow these instructions, even if you disagree with them. Each of the instructions is important, and you must follow all of them. Perform these duties fairly and impartially. [Do not allow [sympathy/prejudice/fear/ public opinion] to influence you.] [You should not be influenced by any person’s race, color, religion, national ancestry, or sex.] Counsel quite properly may refer to some of the governing rules of law in their arguments. If, however, any difference appears to you between the law as stated by counsel and that stated by the Court in these instructions, you are, of course, to be governed by the Court’s instructions. During the course of trial it often becomes the duty of counsel to make objections and for me to rule on them in accordance with the law. The fact that counsel made objections should not influence you in any way. Nor should the nature or manner of my ruling on any objection influence you in any way. [During this trial, I have asked a witness a question myself. Do not assume that because I asked questions I hold any opinion on the matters I asked about, or on what the outcome of the case should be.] Nothing I say now, and nothing I said or did during the trial, is meant to indicate any opinion on my part about what the facts are or about what your verdict should be. COURT’S INSTRUCTION NO. 2 All Litigants Equal Before the Law In this case [one/some] [of] the [defendants/plaintiffs/parties] [is a/are] [corporation[s], city, or unit[s] of government]. All parties are equal before the law. A [corporation, city, or unit of government] is entitled to the same fair consideration that you would give any individual person. COURT’S INSTRUCTION NO. 3 The Evidence The evidence consists of the testimony of the witnesses [,] [and] the exhibits admitted in evidence [, and stipulation[s]]. In determining whether any fact has been proved, you should consider all of the evidence bearing on the question regardless of who introduced it. [A stipulation is an agreement between both sides that [certain facts are true] [that a person would have given certain testimony].] [I have taken judicial notice of certain facts. You must accept those facts as proved.] [During the trial, certain testimony was presented to you by [the reading of a deposition/depositions] [and video]. You should give this testimony the same consideration you would give it had the witness[es] appeared and testified here in court.] [You will recall that during the course of this trial I instructed you that I admitted certain evidence for a limited purpose. You must consider this evidence only for the limited purpose for which it was admitted.] COURT’S INSTRUCTION NO. 4 What Is Not Evidence Certain things are not to be considered as evidence. I will list them for you: First, if I told you to disregard any testimony or exhibits or struck any testimony or exhibits from the record, such testimony or exhibits are not evidence and must not be considered. Second, whenever I have sustained an objection to a question addressed to a witness, the jury must disregard the question entirely, and may draw no inference from the wording of it, nor speculate as to what the witness would have said if he or she had been permitted to answer the question. Third, anything that you may have seen or heard outside the courtroom is not evidence and must be entirely disregarded. [This includes any press, radio, Internet or television reports you may have seen or heard. Such reports are not evidence and your verdict must not be influenced in any way by such publicity.] Fourth, questions and objections or comments by the lawyers are not evidence. Lawyers have a duty to object when they believe a question is improper. You should not be influenced by any objection, and you should not infer from my rulings that I have any view as to how you should decide the case. Fifth, the lawyers’ opening statements and closing arguments to you are not evidence. Their purpose is to discuss the issues and the evidence. If the evidence as you remember it differs from what the lawyers said, your memory is what counts. COURT’S INSTRUCTION NO. 5 Direct and Circumstantial Evidence [You may have heard the phrases “direct evidence” and “circumstantial evidence.” Direct evidence is proof that does not require an inference, such as the testimony of someone who claims to have personal knowledge of a fact. Circumstantial evidence is proof of a fact, or a series of facts, that tends to show that some other fact is true. As an example, direct evidence that it is raining is testimony from a witness who says, “I was outside a minute ago and I saw it raining.” Circumstantial evidence that it is raining is the observation of someone entering a room carrying a wet umbrella. The law makes no distinction between the weight to be given to either direct or circumstantial evidence. When the time comes to deliberate on your verdict, you should consider all the evidence in the case, including the circumstantial evidence.] COURT’S INSTRUCTION NO. 6 Inferences You should use common sense in weighing the evidence and consider the evidence in light of your own observations in life. In our lives, we often look at one fact and conclude from it that another fact exists. In law we call this “inference.” A jury is allowed to make reasonable inferences. Any inference you make must be reasonable and must be based on the evidence in the case. COURT’S INSTRUCTION NO. 7 Deciding What to Believe You must decide whether the testimony of each of the witnesses is truthful and accurate, in part, in whole, or not at all. You also must decide what weight, if any, you give to the testimony of each witness. In evaluating the testimony of any witness, [including any party to the case,] you may consider, among other things: - - - - - - - the ability and opportunity the witness had to see, hear, or know the things that the witness testified about; the witness’ memory; any interest, bias, or prejudice the witness may have; the witness’ intelligence; the manner of the witness while testifying; [the witness’ age;] and the reasonableness of the witness’ testimony in light of all the evidence in the case. COURT’S INSTRUCTION NO. 8 Deciding What Weight to Give to Evidence The law does not require any party to call as a witness every person who might have knowledge of the facts related to this trial. Similarly, the law does not require any party to present as exhibits all papers and things mentioned during this trial. [It is proper for a lawyer to meet with any witness in preparation for trial.] You may find the testimony of one witness or a few witnesses more persuasive than the testimony of a larger number. You need not accept the testimony of the larger number of witnesses. COURT’S INSTRUCTION NO. 9 Prior Inconsistent Statements or Acts You may consider statements given by [Party] [Witness under oath] before trial as evidence of the truth of what he said in the earlier statements, as well as in deciding what weight to give his testimony. With respect to other witnesses, the law is different. If you decide that, before the trial, one of these witnesses made a statement [not under oath] [or acted in a manner] that is inconsistent with his testimony here in court, you may consider the earlier statement [or conduct] only in deciding whether his testimony here in court was true and what weight to give to his testimony here in court. [In considering a prior inconsistent statement[s] [or conduct], you should consider whether it was simply an innocent error or an intentional falsehood and whether it concerns an important fact or an unimportant detail.] COURT’S INSTRCUTION NO. 10 Summary of Deciding Credibility/Weight To sum up, you should carefully think through all the circumstances which tend to show whether a witness is worthy of belief. After making your own judgment, you will give the testimony of each witness such weight, if any, as you think it deserves. You may, in short, accept or reject the testimony of any witness in whole or in part. COURT’S INSTRUCTION NO. 11 Experts The rules of evidence ordinarily do not allow witnesses to testify to opinions or conclusions about things they did not personally observe. But an exception to this rule exists for people we refer to as “experts.” The law allows witnesses who by education, experience, and/or training have become expert in some art, science or professions to state their opinions as to relevant and material matters within their area of expertise. [You have heard [a witness] [witnesses] give opinions about matters requiring special knowledge or skill. You should judge this testimony in the same way that you judge the testimony of any other witness. The fact that such person has given an opinion does not mean that you are required to accept it. Give the testimony whatever weight you think it deserves, considering the reasons given for the opinion, the witness’ qualifications, and all of the other evidence in the case.] COURT’S INSTRUCTION NO. 12 Notetaking Any notes you have taken during this trial are only aids to your memory. The notes are not evidence. If you have not taken notes, you should rely on your independent recollection of the evidence and not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than the recollections or impressions of each juror about the testimony. COURT’S INSTRUCTION NO. 13 Multiple Claims; Multiple Plaintiffs/Defendants You must give separate consideration to each claim and each party in this case. [Although there are [number] defendants, it does not follow that if one is liable, any of the others is also liable.] [Although there are [number] plaintiffs, it does not follow that if one is successful, the others are, too.] [If evidence was admitted only as to fewer than all defendants or all claims:] [In considering a claim against a defendant, you must not consider evidence admitted only against other defendants [or only as to other claims].] COURT’S INSTRUCTION NO. 14 Burden of Proof In a civil action, such as this one, the burden is on the plaintiff to prove every essential element of his or her claim by a preponderance of the evidence. [As to certain affirmative defenses, which will be discussed later in these instructions, however, the burden of establishing essential facts is on the defendant, as I will explain.] To “prove by a preponderance of the evidence” means to prove that something is more likely true than not true. This rule does not require proof to an absolute certainty, since proof to an absolute certainty is seldom possible in any case. Rather, a preponderance of the evidence in the case means such evidence as, when considered and compared with that opposed to it, has more convincing force, and produces in your minds belief that what is sought to be proved is more probably true than not true. When I say in these instructions that a party has the burden of proof on any proposition, or use the expression “if you find” or “if you decide,” I mean you must be persuaded, considering all the evidence in the case, that the proposition is more probably true than not true. In determining whether any fact in issue has been proved by a preponderance of the evidence in the case, the jury may, unless otherwise instructed, consider the testimony of all witnesses, regardless of who may have called them, and all exhibits received in evidence, regardless of who may have produced them. If the proof establishes each essential element of the plaintiff’s claim by a preponderance of the evidence, then you should find for the plaintiff as to that claim. If the proof fails to establish any essential element of the plaintiff’s claim by a preponderance of the evidence [as to any particular defendant], then you should find for [the] [that] defendant as to that claim. [Bracketed portions to be given where appropriate.] COURT’S INSTRUCTION NO. 15 Consideration of Actual Damages If you find that plaintiff has failed to prove liability as to a particular claim, you will have no occasion to consider the question of damages as to that claim. If you have found that plaintiff has proved liability as to a particular claim, then you must consider whether to award damages as to that claim. You should not interpret the fact that I am giving instructions about the plaintiff’s damages as an indication in any way that I believe that the plaintiff should, or should not, win this case – just as the fact that I have given you instructions about the plaintiff’s liability claims should not be interpreted as an indication in any way that I believe the plaintiff should, or should not, win this case. It is up to you to decide that question. Instructions as to the measure of damages are given to guide you in the event you should find in favor of the plaintiff by a preponderance of the evidence in accordance with the other instructions. The law places a burden upon the plaintiff to prove such facts as will enable you to arrive at the amount of damages with reasonable certainty and without speculation. While it is not necessary that the plaintiff prove the amount of those damages with mathematical precision, the plaintiff is required to present such evidence as might reasonably be expected to be available under the circumstances to prove the loss that is claimed. Damages must be reasonable. If you should find that the plaintiff is entitled to a verdict, you may award only such damages as will reasonably compensate the plaintiff for the injury the plaintiff has proven by a preponderance of the evidence. You are not permitted to award speculative damages, such as compensation for any prospective loss which, although possible, is not reasonably certain to occur in the future. [If you should find that the plaintiff is entitled to a verdict, you may not include in, or add to an otherwise just award, any sum for the purpose of punishing the defendant or to serve as an example or warning for others. Nor may you include in your award any sum for court costs or attorneys’ fees.] [Bracketed portions to be given where appropriate.] COURT’S INSTRUCTION NO. 16 Selection of Presiding Juror; General Verdict Upon retiring to the jury room, you must select a presiding juror. The presiding juror will preside over your deliberations and will be your representative here in court. Forms of verdict have been prepared for you. [Forms of verdict read.] Take these forms to the jury room, and when you have reached unanimous agreement on the verdict, your presiding juror will fill in and date the appropriate form, and all of you will sign it. COURT’S INSTRUCTION NO. 17 Verdict Form – Jury’s Responsibility It is proper to add the caution that nothing said in these instructions and nothing in any form of verdict prepared for your convenience is meant to suggest or convey in any way or manner any intimation as to what verdict I think you should find. What the verdict shall be is your sole exclusive duty and responsibility. COURT’S INSTRUCTION NO. 18 Disagreement Among Jurors The verdict[s] must represent the considered judgment of each juror. Your verdict[s], whether for or against the parties, must be unanimous. You should make every reasonable effort to reach a verdict. In doing so, you should consult with one another, express your own views, and listen to the opinions of your fellow jurors. Discuss your differences with an open mind. Do not hesitate to reexamine your own views and change your opinion if you come to believe it is wrong. But you should not surrender your honest beliefs about the weight or effect of evidence solely because of the opinions of other jurors or for the purpose of returning a unanimous verdict. All of you should give fair and equal consideration to all the evidence and deliberate with the goal of reaching an agreement that is consistent with the individual judgment of each juror. You are impartial judges of the facts. COURT’S INSTRUCTION NO. 19 Communication with Court I do not anticipate that you will need to communicate with me. If you do need to communicate with me, the only proper way is in writing. The writing must be signed by the presiding juror, or, if he or she is unwilling to do so, by some other juror. The writing should be given to the marshal, who will give it to me. I will respond either in writing or by having you return to the courtroom so that I can respond orally. If you do communicate with me, you should not indicate in your note what your numerical division is, if any. ENTER: ______________________________ Jeffrey Cummings United States District Court Judge Dated: November 2, 2023

=== HERE ===

QUESTIONNAIRE FOR PROSPECTIVE JURORS Dear Potential Juror: You have been summoned as a potential juror in the case of CASE NAME AND NUMBER. In order to streamline the process of jury selection, this questionnaire has been prepared. Although there is not a great deal of space for your answers, please do your best to write legibly so that we can read your answers. We will be using your answers in the process of jury selection. For this reason, it is very important to be truthful in answering the questions. In fact, you will be required to swear under oath that your responses are truthful, accurate, and complete. These questionnaires will be used by the Court and the lawyers, but are otherwise confidential. They will be collected after jury selection and destroyed. Some of the questions on this questionnaire may require you to disclose sensitive information on private matters. You must answer all of the questions on the questionnaire. However, if during the jury selection process you wish to be questioned about a particularly sensitive or private matter outside the presence of the other jurors, you can let me know that and we will accommodate such requests. Thank you for your time and for your service. Sincerely, _________________________________ Judge Jeffrey I. Cummings United States District Court Judge for the Northern District of Illinois 1 JUDGE JEFFREY I. CUMMINGS 219 South Dearborn Street Chicago, IL 60604 Courtroom 1219 Chambers 1278 Website: http://www.ilnd.uscourts.gov Courtroom Deputy – Chez Chambers Room 1218 Telephone: (312) 435-6051 Telephone: (312) 435-5630 Fax: (312) 777-3810 STANDARD CONFIDENTIAL QUESTIONNAIRE FOR PROSPECTIVE JURORS IN A CIVIL TRIAL QUESTIONS 1. Full name. 2. Age. 3. List all cities or suburbs where you have lived for the last ten years, with the current one first. (If Chicago, please identify which area/neighborhood of Chicago.) 4. Do you own your home or rent it? 5. Marital status. 6. If you have children, please describe them as follows. (Include children who do not live with you.) Sex Age Does child live with you? Education Occupation 2 7. State your current occupation and any other employment going back 10 years, including name of employer(s), nature of work and title of position(s), and length of time with each employer. 8. State the current occupation (and prior jobs going back 10 years) of your spouse/partner and any other adults in your household. 9. What is your level of education/degrees? If your education extended beyond high school, where did you obtain your post-high school degree(s)? 10. Have you or your spouse/partner served in the military? ____Yes ____ No If yes, please list the branch, years of service, highest rank achieved, duties, and nature of discharge. 11. What is your primary source of news? 12. What TV, radio, podcast, or internet shows do you watch, read, or listen to? 13. What are your hobbies and major outside interests? 14. List any organizations you belong to, participate in, or volunteer for (political / union / professional / church / social / fraternal). Include any social media groups which you belong to or follow. 15. Do you have any bumper stickers, flags, or signs displayed on your car or home or in your yard? ____Yes ____ No If yes, please describe them. 16. Have you, or has any close friend or relative, had any legal training (including law courses, paralegal program, or on-the-job training)? ____Yes ____ No If yes, please explain. 3 17. Do you know any lawyers, judges, or court personnel? ____Yes ____ No (a) If yes, list their names and describe their relationship to you. (b) Do any of the individuals identified above practice in the area of personal injury law? ____Yes ____ No (c) If yes, have they discussed with you anything which would impact your ability to serve as a fair and impartial juror in this case? ____Yes ____ No 18. Have you, a family member, or a close friend ever hired an attorney or been involved in a lawsuit? ____Yes ____ No If so, what is the nature of the attorney matter or lawsuit and your (his/her) involvement? (Use space on next page.) 19. Do you have prior experience as a witness in a court hearing, trial, or sworn deposition? ____Yes ____ No If yes, please describe. 20. Do you have prior jury service experience (federal and state cases, civil and criminal cases, as well as grand jury)? ____Yes ____ No (a) If yes, please describe as follows: Civil or Criminal Charges/Allegations When Where Did the jury reach a verdict (yes/no) 4 (b) Have you ever served as a jury foreperson? ____Yes ____ No (c) How did you feel about your experience as a juror? (d) Was there anything about your experience as a juror which makes you not want to serve again? (e) Were you contacted or interviewed by anyone concerning your jury experience after the conclusion of the case? ____ Yes ____ No If yes, by whom were you contacted? 21. Do you believe that simply because an individual files a complaint, he/she is entitled to prevail? ____ Yes ____ No 22. Do you believe that simply because an individual who has been sued denies the allegations, the individual who filed the complaint is not entitled to prevail? ____ Yes ____ No 23. At various times during the case, the Court will instruct you about the applicable law. It is your obligation to follow the Court’s instructions about the law, whether you agree with the law or not. If you were to find that you disagree with the law as given to you by this Court, would you nonetheless be able to follow that law and reach a verdict by applying that law to the evidence? ____ Yes ____ No 24. Do you hold any strong religious, philosophical, or moral beliefs that make it impossible for you to serve as a juror? ____ Yes ____ No If yes, please explain. (Please note that simply being uncomfortable judging another 5 person does not excuse you from jury duty.) 25. Is there anything else bearing on your qualifications to serve as a juror in this case that you think that the Court should know? ____ Yes ____No If yes, please explain. 26. This case is scheduled to conclude on or before <INSERT DATE>. Would jury service cause you an extreme hardship? (Examples of extreme hardship include pre-paid travel arrangements or a scheduled medical procedure that cannot be rescheduled. The inconvenience of having to find someone to cover you at work or to cover child-care does not qualify as an extreme hardship.) ____ Yes ____No If yes, please explain in detail. 6

=== Trial Procedures in Criminal Cases ===

Pretrial Procedures in Criminal Cases At least three weeks before a criminal trial, the parties will be scheduled to appear for a pretrial conference. The Defendant(s) must be present for the conference unless their presence is personally waived at a prior court proceeding. I. Final Pretrial Submissions The following should be filed five business days before the conference, unless otherwise indicated: 1. Agreed Case Statement. The Court will read this statement to the jury during voir dire. 2. Witness Lists. Separate lists for each side, noting witnesses who will be called to testify and witnesses who may be called to testify For each witness, provide a very concise (2 or 3 sentences maximum) description of the witness and the witness’ role in the case. The Court will read the names of witnesses on these lists during jury selection. 3. Exhibit Lists. A list by each side of all exhibits the party will definitely use at trial (including demonstratives, summaries or other specially prepared exhibits), which includes the following: a. the exhibit number for each document; b. the date of the document; c. a brief description of the document and a concise statement of the exhibit’s relevance; d. whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection (e.g., Rule 403—undue prejudice or confusion; Rule 802— hearsay); and e. a concise statement of the asserted basis of admissibility, if there is an objection. At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits. If the 1 representative exhibits require more than a single binder, the parties must contact the Courtroom Deputy, Chez Chambers, to explain why additional binders are required. After the pretrial conference and rulings on exhibits, two binders of the final exhibits will be required to be given to the Court no later than the day before trial. Each binder should also include a summary checklist page for the Court to track admission of exhibits during trial. Note: There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce. Exhibits not likely to be used need not be listed. If, due to unforeseen circumstances during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery. 4. Motions in Limine. The parties are directed to meet and confer on all motions in limine before filing them and determine which motions, if any, are unopposed and do not need to be filed. The parties should bring any unopposed motions in limine to the Court's attention at the pre-trial conference. Unless otherwise ordered, all motions in limine must be filed three weeks before the final pre- trial conference. Responses are due one week before the final pre-trial conference. No replies should be filed unless ordered by the Court. Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine should also be submitted in one document. 5. Voir Dire Questions. To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire as it encourages reflection and candor. Sample questions are provided below in section II.1 addressing jury selection procedures. To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file a joint document that includes both: (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection. 6. Jury Instructions. The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before the final pre-trial conference. The Court uses the 7th Circuit Pattern Jury Instructions where applicable, bearing in mind that statutory and binding case law govern over the pattern instructions. 2 See Pattern Criminal Jury Instructions If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a redline to the Court showing the modification to the pattern instruction. The parties should concentrate their efforts on the substantive jury instructions related to the merits. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed. The Court will read the final instructions prior to closing arguments. Jury instructions may be used and electronically projected during closing arguments. 7. Evidence Projection Systems. Judge Cummings’s courtroom (1219) is equipped with a digital evidence projection system. The Court expects trial counsel to use this system and be thoroughly conversant with the manner with which it operates. As early as possible prior to trial (but not less than four weeks before), counsel should contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a training session. Mr. Zeier can be reached at (312) 435-6045. II. Additional Pretrial Information (1) Jury Selection: On the morning of jury selection, prior to entering the courtroom, the venire will be given a written questionnaire with questions proposed by the parties and approved by the Court. Sample questions are included in the attached documents below. These are examples only, and will require revision for each particular case. The parties’ submissions of supplemental questions should not exceed two pages. The parties will be given copies of the jurors' written answers. The parties will also be given a copy of the list of potential jurors that is generated by the Clerk's Office. Sample Criminal Questionnaire The entire venire will then enter the courtroom and be sworn. The first twelve prospective jurors from the list will be called and seated in the jury box. The Court will ask the jurors questions related to their questionnaire answers and the questions the parties and the Court determined at the final pretrial conference should be asked orally. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish. 3 The parties will then be given the opportunity to question the prospective jurors. The Court will then go to sidebar to hear challenges for cause and rule on those challenges. The parties will submit peremptory challenges in writing simultaneously. The government is allowed 6 challenges and the defendant is allowed 10, pursuant to Federal Rule of Criminal Procedure 24, unless otherwise requested and approved by the Court. If the parties challenge the same juror, only one side will be charged for that challenge, beginning first with the government, and alternating between the parties for all later joint challenges. The remaining unchallenged jurors will constitute part of the jury and cannot be stricken with later challenges. (No back- strikes will be allowed.). All twelve prospective jurors (whether selected for the jury or not) will be asked to leave the jury box and take their seats back in the gallery. A new group of twelve potential jurors will then be called in the order from the list to the jury box. The first 12 non-challenged jurors and (typically) 2 alternates will be seated. The same procedure will be followed until the entire venire has been questioned. (2) Instructions for Trial Counsel: Please Read Carefully Your compliance with the following requests will be greatly appreciated: (i) Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. (ii) Court time may not be used for marking exhibits. This must be done in advance of the court session. (iii) Please stand whenever you address the court. This includes the making of objections. (iv) Please speak into the microphone whenever speaking on the record in court. A portable microphone is available is counsel wishes to move away from the stationary microphones. (v) In your opening statement to the jury, do not argue the case. Confine yourself to a concise summary of the important facts. (vi) Please stand when you question witnesses. (Counsel with physical disabilities will be excused from this requirement.) (vii) On direct examination, if you intend to question a witness about a group of documents, avoid delays by having all the documents given to the witness when you start the examination. (viii) When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the ruling of the court in the presence of the jury. Such matters may be raised at the first recess and will not be waived by waiting until the recess. 4 (ix) Do not ask the court in the presence of the jury to declare that a witness is qualified as an expert or qualified to express an expert opinion. (x) It is not necessary to request leave of court to approach a witness to show the witness an exhibit. (xi) Do not ask for a recess before cross-examination. If the direct examination should end at about the time the court would recess anyway, e.g., lunch time, a recess will be taken. Otherwise, be prepared to commence cross-examination immediately upon conclusion of the direct. (xii) Upon completion of a witness’s testimony in civil trials, jurors are permitted to submit written questions for the witness in accordance with procedures to be discussed at the Final Pretrial Conference. Such questioning by the jurors will also be permitted in criminal trials if all parties agree. The government and defense counsel should discuss this issue with the Court at the Final Pre-trial Conference. (xiii) The Court permits interim statements if appropriate due to the length of the trial. (xiv) Counsel are not permitted to contact jurors after trial without permission of the Court. Thank you in advance for your cooperation. (3) Final Pretrial Conference Topics The following is a list of topics Judge Cummings will address during the final pre-trial conference. Counsel need only be prepared to discuss the topics that are also referenced in the final pretrial order. The remaining topics in the list below reference particular practices Judge Cummings will explain during the final pre-trial conference. 1. voir dire 2. written juror questionnaire 3. jury lists – alphabetical and random agreed 4. statement of case – short enough to fit on letter to jurors 5. motions in limine – agreed matters and preparation of order on rulings 6. exhibits: (i) pre-mark all; (ii) stipulate to as many as possible; (iii) seek admission outside jury’s presence; (iv) must be admitted before displayed on screen 7. demonstratives and timelines 8. schedule for submission of disputed deposition designations 9. trial day 10. elevators 5 11. sidebars 12. trial technology – make sure to test it outside the presence of the jury 13. preliminary instructions and issue instructions before opening 14. instructions before closing (can project on screen) 15. interim statements 16. note pads 17. jury binders 18. jury questions 19. moving around courtroom 20. can always approach witness without permission 21. no speaking objections, unless requested; just – irrelevant, asked and answered, hearsay 22. talking to jury after verdict 6

=== Standard Confidential Questionnaire for Potential Jurors in a Criminal Trial ===

QUESTIONNAIRE FOR PROSPECTIVE JURORS Dear Potential Juror: You have been summoned as a potential juror in the case of CASE NAME AND NUMBER. This is a criminal case where the United States government has charged the defendant(s) with violations [insert description of charges]. In order to streamline the process of jury selection, this questionnaire has been prepared. Although there is not a great deal of space for your answers, please do your best to write legibly so that we can read your answers. We will be using your answers in the process of jury selection. For this reason, it is very important to be truthful in answering the questions. In fact, you will be required to swear under oath that your responses are truthful, accurate, and complete. These questionnaires will be used by the Court and the lawyers, but are otherwise confidential. They will be collected after jury selection and destroyed. Some of the questions on this questionnaire may require you to disclose sensitive information on private matters. You must answer all of the questions on the questionnaire. However, if during the jury selection process you wish to be questioned about a particularly sensitive or private matter outside the presence of the other jurors, you can let me know that and we will accommodate such requests. Thank you for your time and for your service. Sincerely, _________________________________ Judge Jeffrey I. Cummings United States District Court Judge for the Northern District of Illinois 1 JUDGE JEFFREY I. CUMMINGS 219 South Dearborn Street Chicago, IL 60604 Courtroom 1219 Chambers 1278 Website: http://www.ilnd.uscourts.gov Courtroom Deputy – Chez Chambers Room 1218 Telephone: (312) 435-6051 Telephone: (312) 435-5630 Fax: (312) 777-3810 STANDARD CONFIDENTIAL QUESTIONNAIRE FOR PROSPECTIVE JURORS IN A CRIMINAL TRIAL 1. 2. 3. 4. 5. QUESTIONS Full name. Age. List all cities or suburbs where you have lived for the last ten years, with the current one first. (If Chicago, please identify which area/neighborhood of Chicago.) Do you own your home or rent it? Marital status. 2 6. 7. If you have children, please describe them as follows. (Include children who do not live with you.) Sex Age Does child live with you? Education Occupation State your current occupation and any other employment going back 10 years, including name of employer(s), nature of work and title of position(s), and length of time with each employer. State the current occupation (and prior jobs going back 10 years) of your spouse/partner 8. and any other adults in your household. What is your level of education/degrees? If your education extended beyond high 9. school, where did you obtain your post-high school degree(s)? 10. Have you or your spouse/partner served in the military? ____ Yes ____ No If yes, please list the branch, years of service, highest rank achieved, duties, and nature of discharge. 11. What is your primary source of news? 12. What TV, radio, podcast, or internet shows do you watch, read, or listen to? 13. What are your hobbies and major outside interests? 14. List any organizations you belong to, participate in, or volunteer for (political / union / professional / church / social / fraternal). Include any social media groups which you belong to or follow. 15. Do you have any bumper stickers, flags, or signs displayed on your car or home or in your yard? ____Yes ____ No If yes, please describe them. 16. Have you, or has any close friend or relative, had any legal training (including law courses, paralegal program, or on-the-job training)? 3 ____Yes ____ No If yes, please explain. 17. Do you know any judges or court personnel? ____Yes ____ No (a) If yes, list their names and describe their relationship to you. (b) If yes, have they discussed with you anything which would impact your ability to serve as a fair and impartial juror in this case? ____Yes ____ No 18. Have you ever been employed as a lawyer, by a lawyer or law firm, in the criminal justice system, or by a law enforcement agency? 19. 20. 21. 22. (a) If so, please state where you have been employed in one of the above capacities and the dates of your employment. Do you have a relative or close friend who is a prosecutor or a criminal defense attorney? If so, state your relationship to that person and whether anything about that relationship has left you with a positive or negative impression of the judicial system, prosecutors, and defense attorneys. Have you, any relatives, or close friends ever worked for a governmental entity (state, federal, city or county)? If yes, state your relationship to that person and their employer and position(s). Have you, a family member, or a close friend ever filed a claim or case against or had a legal dispute with the federal government? If yes, describe the person’s relationship to you, the agency involved, the nature of the dispute, and what happened. Other than a traffic ticket, have you, a family member, or a close friend ever been arrested for, charged with, or convicted of a crime? If yes, describe the nature of the offense; the person’s relationship to you; the law enforcement organization(s) and the prosecutor’s office involved; what happened in the case; and whether that experience might make it difficult for you to fairly and impartially evaluate the evidence and render a fair verdict in this case. 4 23. Have you, a relative, or close friend ever been a victim of a crime? If yes, describe the victim’s relationship to you, the nature of the incident and when it occurred, whether charges were brought and what happened (e.g., imprisonment, probation, acquittal, etc.), and whether that experience would make it difficult for you to fairly and impartially evaluate the evidence and render a fair verdict in this case. 24. Have you ever appeared as a witness in a criminal case? If yes, state when and where you testified and the nature of your testimony. 25. Do you have prior experience as a witness in any other type of court hearing, trial, or sworn deposition? ____Yes ____ No If yes, please describe. 26. Do you have prior jury service experience (federal and state cases, civil and criminal cases, as well as grand jury)? ____Yes ____ No (a) If yes, please describe as follows: Civil or Criminal Charges/Allegations When Where Did the jury reach a verdict (yes/no) (b) Have you ever served as a jury foreperson? ____Yes ____ No (c) How did you feel about your experience as a juror? (d) Was there anything about your experience as a juror which makes you not want to serve again? (e) Were you contacted or interviewed by anyone concerning your jury experience after the conclusion of the case? 5 ____ Yes ____ No If yes, by whom were you contacted? 27. 28. 29. 30. 31. 32. 33. 34. The charges are described in the cover letter. Is there anything about the nature of the charges that might affect your ability to fairly decide this case on the evidence without being partial to either side? Is there anything about the allegation that the defendant was previously convicted of committing a felony that might affect your ability to fairly decide the case on the evidence without being partial to either side? Do you have any strong feelings regarding firearms which would prevent you from being able to fairly decide this case on the evidence without being partial to either side? Do you belong to any firearms-related organizations? At various times during the case, the Court will instruct you about the applicable law. It is your obligation to follow the Court’s instructions about the law, whether you agree with the law or not. If you were to find that you disagree with the law as given to you by this Court, would you nonetheless be able to follow that law and reach a verdict by applying that law to the evidence? ____ Yes ____ No This case involves an investigation by the [law enforcement agency]. Do you have any feelings or experiences regarding [law enforcement agency] or any other law enforcement agency that might affect your ability to fairly decide this case on the evidence without being partial to either side? A law enforcement officer’s testimony is not entitled to any greater or lesser weight, simply because he or she is a law enforcement officer, than any other witness. Would you credit the testimony of a law enforcement officer any more or less than any other witness because that witness works in law enforcement? The defendant is presumed to be innocent of the charges against him. Do you understand and will you follow this principle? The government carries the burden of proving guilt beyond a reasonable doubt. The burden never shifts to the defendant, and the defendant is not required to offer any evidence in his defense. Do you understand and will you follow this principle? 6 35. A defendant has an absolute and constitutional right not to testify. The fact that a defendant decides not to testify cannot be held against him. Do you understand and will you follow this principle? Do you hold any strong religious, philosophical, or moral beliefs that make it impossible 36. for you to serve as a juror? ____ Yes ____ No If yes, please explain. (Please note that simply being uncomfortable judging another person does not excuse you from jury duty.) 37. Do you hold any religious, philosophical, moral, or other beliefs that might make it difficult for you to sit in judgment of another person? 38. Is there anything else bearing on your qualifications to serve as a juror in this case that you think that the Court should know? ____ Yes ____No If yes, please explain. 39. This case is scheduled to conclude on or before <INSERT DATE>. Would jury service cause you an extreme hardship? (Examples of extreme hardship include pre-paid travel arrangements or a scheduled medical procedure that cannot be rescheduled. The inconvenience of having to find someone to cover you at work or to cover child-care does not qualify as an extreme hardship.) ____ Yes ____No If yes, please explain in detail. 7

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