Senior Judge Gilbert's Case Management Procedures; Senior Judge Gilbert's Final Pre-Trial Order; Senior Judge Gilbert's Instructions for Preparing Final Pre-Trial Order

=== Senior Judge Gilbert's Case Management Procedures ===

Senior Judge J. Phil Gilbert Case Management Procedures Contents • General Information o Court Hours and Promptness • Pretrial Information o Motions and Practice • Trial Information o Voir Dire Examination o Opening Statement o Examination of Witnesses and Argument o Objections to Questions • Miscellaneous o Decorum o Difficult Questions o Interrogatories & Requests for Admissions o Exhibits o Depositions • Witnesses o Doctors and Other Professional Witnesses January 2020 General Information Court Hours and Promptness The Court makes every effort to commence proceedings at the time set. Promptness is expected from counsel and witnesses. If a witness was on the stand at a recess or adjournment, have the witness on the stand ready to proceed when Court is resumed. Don't run out of witnesses. Pretrial Information Motions and Practice A movant must submit a proposed order to Judge Gilbert's e-mail address ([email protected]) for every motion filed. Pretrial motions in criminal cases ordinarily must be filed within 21 days after the arraignment. Motions must be accompanied by a supporting memorandum of law. All motions in civil matters must conform to Local Rule 7.1. Oral argument on a motion may be requested, but is discretionary with the Court. In view of the requirements of Rule 50(b) in criminal cases and the press of civil litigation, the Court is forced to adhere more strictly to all applicable statutory and local rule time limits. January 2020 Trial Information Voir Dire Examination The voir dire examination is conducted by the Court. If voir dire questions are to be tendered, they should be submitted in advance of trial at the Final Pretrial Conference in civil cases and in criminal cases as early as practicable before commencement of trial, preferably before the day of trial. Upon request, in civil cases and single defendant criminal cases, the Court will allow counsel to ask questions of prospective jurors. Counsel should try to ask their questions of the panel as a whole, however, limited questioning of individual jurors will be permitted. Unless leave of court is given, each side will have 15 minutes to question the jury panel. After the completion of the voir dire examination, a side bar conference is held for challenges for cause. Then peremptory challenges will be taken up with some slight variation depending upon whether it is a civil or criminal case. In civil cases (6 jurors), the plaintiff and defendant are each entitled to 3 peremptory challenges to the entire panel. Fourteen (14) members of the jury panel will be called in numerical order and questioned. The jury will be picked in panels of three (3) unless the parties agree to a seven (7) person jury, in which case the first panel selected will be four (4). Challenges for cause will be taken up first. Plaintiff will then use peremptory challenges beginning with the first juror called until a panel has been accepted and tendered to defendant. Defendant may then accept said panel or exercise peremptory challenges to a member or members of said panel. If defendant breaks the panel by the exercise of peremptory challenges, the next numerical juror is placed into the panel until a panel has been accepted and tendered back to plaintiff. This process continues until a panel has been accepted by plaintiff and defendant, or until each side has exercised all their peremptory challenges. Additional members of the jury panel will be questioned in numerical order as needed until a jury is selected. The 1991 Amendment to Rule 47 of the Federal Civil Procedures and Rules abolished alternate jurors. Rule 48 now permits that additional jurors may be selected to hear and participate in the verdict in civil cases. In multiple party cases, additional peremptory challenges may be granted and divided among the parties by the court. In criminal cases (12 jurors), the government is entitled to 6 peremptory challenges and the defendant, or the defendants jointly, to 10 peremptory challenges to be exercised on the entire panel. Twenty eight (28) members of the jury panel will be called in numerical order and questioned. Challenges for cause will be taken up first. The jury will be picked in panels of four. The government will use peremptory challenged beginning with the first juror called until a panel has been accepted and tendered to defendant. Defendant may then accept said panel or exercise peremptory challenges to a member or members of said panel. If defendant breaks the panel by the exercise of peremptory challenges, the next numerical juror is placed into the panel until the panel has been accepted and tendered back to the government. This process continues until a panel has been accepted by the government and defendant or until each side has exercised all their peremptory challenges. This process continues until a jury of 12 has been accepted by the government and defendant. Typically, two alternate jurors are used, and each side is entitled to 1 additional peremptory challenge to be used against an alternate juror only. In multiple defendant cases, additional peremptory challenges may be granted and divided among the defendants by the court. January 2020 Opening Statement An opening statement is a "road map" or "birds-eye-view" of the case and should be confined to what you expect the evidence to show. It is a common mistake, and certainly not proper, to use the opening statement to argue the case or to instruct as to the law. Examination of Witnesses and Argument Counsel should conduct examination of witnesses while standing from either the lectern, the counsel table or at the end of the jury box away from the witness stand. With permission of the Court, counsel may conduct the examination of a witness while seated at counsel table. Indicate to the Court when you have finished your examination, and the Court will then recognize opposing counsel for questioning. Although permission of the Court is not required to approach a witness, the Court prefers that witnesses not be approached except when absolutely necessary. Rise when addressing the Court and when making objections. This calls the Court's attention to you. During opening statement and argument, counsel may approach the jury box to reasonably emphasize and communicate with the jury but should avoid any excessive pacing back and forth which is distracting to both the Court and the jury. In order to expedite trial proceedings, those witnesses expected to be used should be assembled in the hallway or witness room ready to be called by Counsel when requested by the Court. Do not run out of witnesses. Note of Caution! Always make sure you are being heard by the Court, jury, opposing counsel and especially the Court Reporter. It may be your record that needs protection. Objections to Questions When objecting, state only that you are objecting and specify the ground or grounds of objection. Do not use objections for the purpose of making a speech, recapitulating testimony or attempting to guide the witness. Argument upon the objection will not be heard until permission is given or argument is requested by the Court. January 2020 Miscellaneous Decorum Colloquy or argument between attorneys is not permitted. Address all remarks to the Court. In a jury case, if there is an offer of stipulation, first confer with opposing counsel about it. All requests of the reporter for re-reading of questions or answers shall be addressed to the Court. Counsel during trial shall not exhibit familiarity with witnesses, jurors or opposing counsel. The use of first names ought to be avoided. During the argument of opposing counsel, remain seated at the counsel table and be respectful. Never divert the attention of the Court or the jury. Difficult Questions If you have reason to anticipate that any question of law or evidence is difficult or will likely provoke an argument, give the Court advance notice. The best procedure is to prepare a brief or memorandum and submit it to the Court in advance of trial. Interrogatories & Requests for Admissions Where there has been extensive discovery and counsel expects to offer answers to interrogatories or requests for admissions extracted from several separate documents, a document showing such question and answer or admission shall be prepared with copies for the Court and opposing counsel. This obviates the time-consuming process of thumbing through extensive files to locate the particular item. Exhibits Exhibits should be marked in numerical order (1, 2, 3, etc.) and the Clerk shall have custody of all exhibits after their admission. Have photocopies of an exhibit for the Court and opposing counsel. Each counsel is responsible for any exhibits which he secures from the Clerk. At each noon-time or end- of-the-day adjournment, return all exhibits to the Clerk. Documents and other exhibits, where practical, shall be tagged and marked as exhibits and shown to opposing counsel before their use in court. January 2020 Exhibits not previously marked may be marked for identification in open court by a request that the Clerk to mark them. At the time of making such a request, counsel should briefly describe the nature of the exhibit. Ordinarily, exhibits should be offered in evidence when they become admissible rather than at the end of counsel's case. When counsel or witnesses refer to an exhibit, mention should also be made of the exhibit number so that the record will be clear. Where maps, diagrams, pictures, etc., are being used as exhibits, and locations or features on such documents are being pointed out by witnesses or counsel, such locations should be indicated by appropriate markings on the document if not readily apparent from the documents themselves. Unnecessary markings should be avoided. Markings on exhibits should only be made after receiving the Court's permission to do so. Where several exhibits are contained within an envelope, package or box, mark the container as, for example, exhibit 1 and others as exhibits 1-A, 1-B, etc. Depositions All depositions used at the trial shall be marked for identification as exhibits. Portions of depositions used for impeachment may be read to the jury during the cross-examination with pages and lines indicated for the record before reading. Witnesses Witnesses shall be treated with fairness and consideration; they shall not be shouted at, ridiculed or otherwise abused. No person shall ever, by facial expression or other conduct, exhibit any opinion concerning any testimony which is being given by a witness. Counsel ought to admonish their clients and witnesses about this common occurrence. The Court requests that all witnesses be instructed to be suitably attired. Witnesses not listed or identified on the final witness list submitted to the court will be prohibited from testifying unless leave of court is granted for good cause shown. January 2020 Doctors and Other Professional Witnesses The Court attempts to cooperate with doctors and other professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be put on out of sequence. Anticipate any such possibility and discuss it with opposing counsel. If there is an objection, confer with the Court in advance. January 2020

=== Senior Judge Gilbert's Final Pre-Trial Order ===

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Plaintiff, Defendant. CIVIL NO. CJRA TRACK: PRESUMPTIVE TRIAL MONTH: JUDGE: vs. FINAL PRETRIAL ORDER This matter is before the Court at a Final Pretrial Conference held pursuant to Rule 16 of the Federal Rules of Civil Procedure: PLAINTIFF(S)’ COUNSEL: (Insert name, address, and telephone number) DEFENDANT(S)’ COUNSEL: (Insert name, address, and telephone number) I. NATURE OF THE CASE The parties should prepare a brief statement of the nature of the case including the claims of the parties (personal injury, Federal Tort claim, breach of contract, etc.). The principal purpose of this statement is to assist the Court in explaining the case to prospective jurors. II. JURISDICTION A. This is an action for: (State the remedy sought, such as damages, injunctive, or declaratory relief.) B. The jurisdiction of the Court is not disputed (or is disputed). Rev 12/09 1. If not disputed, state the statutory, constitutional, or other basis of jurisdiction. 2. If disputed, the basis on which jurisdiction is contested. III. UNCONTROVERTED FACTS The following facts are not disputed or have been agreed to or stipulated to by the parties: (This section should contain a comprehensive statement of facts which will become a part of the evidentiary record in the case and which, in jury trials, may be read to the jury.) Rev 12/09 IV. AGREED TO ISSUES OF LAW The parties agree that the following are the issues to be decided by the Court: V. A. WITNESSES List of witnesses plaintiff expects to call, including experts: 1. 2. Expert witnesses. Non-expert witnesses. B. List of witnesses defendant expects to call, including experts: 1. 2. Expert witnesses. Non-expert witnesses. If there are any third parties to the action, they should include an identical list of witnesses as that contained in parts A and B above. C. Rebuttal witnesses. Each of the parties may call such rebuttal witnesses as may be necessary, without prior notice thereof to the other party. VI. EXHIBITS The parties shall prepare and append to the Final Pretrial Order a Pretrial Exhibit Stipulation, which shall be on a separate schedule. The Pretrial Exhibit Stipulation shall contain the style of the case, be entitled “Pretrial Exhibit Stipulation,” shall contain each party’s numbered list of trial exhibits, other than impeachment exhibits, with objections, if any, to each exhibit, including briefly the basis of the objection. All parties shall list their exhibits in numerical order. Where practicable, copies of all exhibits to which there is an objection will be submitted with the stipulation. The burden for timely submission of a complete list is on plaintiff. Each party is to submit a pre-marked copy of each exhibit for the Court’s use at trial. The list of exhibits shall be substantially in the following form: Rev 12/09 PRETRIAL EXHIBIT STIPULATION Plaintiff(s)’ Exhibits Number Description Objection If objection, state grounds Defendant(s)’ Exhibits Number Description Objection If objection, state grounds VII. DAMAGES An itemized statement of all damages, including special damages. VIII. BIFURCATED TRIAL Indicate whether the parties desire a bifurcated trial and, if so, why. IX. TRIAL BRIEFS Trial briefs should be filed with the Court at the Final Pretrial Conference on any difficult factual or evidentiary issue and also set forth a party's theory of liability or defense. X. LIMITATIONS, RESERVATIONS, AND OTHER MATTERS Trial Date. Trial of this cause is set for the week of __________________. Length of Trial. The probable length of trial is ____ days. The case will be listed on the trial calendar to be tried when reached. Mark Appropriate Box: JURY. . . . . . . . .____ NON-JURY. . . . ____ Number of Jurors. There shall be a minimum of six jurors. Jury Voir Dire. The Court will conduct voir dire. Limited participation by counsel may be permitted. If voir dire questions are to be tendered, they should be submitted with the Final Pretrial Order. A. B. C. D. Rev 12/09 E. Jury Instructions. All jury instructions shall be submitted as directed by the presiding judge and a copy delivered to opposing counsel. IT IS ORDERED that the Final Pretrial Order may be modified at the trial of the action or before to prevent manifest injustice or for good cause shown. Such modification may be made either on application of counsel for the parties or on motion of the Court. IT IS SO ORDERED. DATED: ___________________________ United States District Judge Rev 12/09

=== Senior Judge Gilbert's Instructions for Preparing Final Pre-Trial Order ===

INSTRUCTIONS FOR PREPARING FINAL PRETRIAL ORDER 1. 2. 3. 4. 5. Although primary responsibility for the preparation of the Final Pretrial Order lies with plaintiff’s attorney, full cooperation and assistance on the part of defendant’s attorney is expected and required. The parties are directed to stipulate to the authenticity of exhibits and shall indicate in the Final Pretrial Order those exhibits to which authenticity has not been stipulated and specific reasons why not. The Final Pretrial Order should be submitted to the trial judge 3 days before the date of the Final Pretrial Conference or as otherwise directed by the Court. The parties are encouraged to review the procedures for each judge as outlined on the Court’s website. Failure to comply with the substance or intent of these instructions may result in appropriate sanctions pursuant to Federal Rules 16 or 37 and 28 U.S.C. § 1927, among others. The Court greatly appreciates any and all efforts on the part of counsel to be brief and concise in preparing pretrial memoranda and findings of fact and conclusions of law. Rev 12/09