Hon. Edmond E. Chang · U.S. District Court for the Northern District of Illinois
=== Standing Instructions for Settlement Conferences ===
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Instructions for Settlement Conferences in Cases Assigned to Judge Edmond E. Chang The Court believes the parties should fully explore and consider settlement at the earliest opportunity. Early consideration of settlement can prevent unnecessary litigation. This allows the parties to avoid the substantial cost, expenditure of time, and stress that often accompany the litigation process. Even for those cases that cannot be resolved through settlement, early consideration of settlement can allow the parties to better understand their dispute and streamline the issues to be litigated. The instructions below must be followed in preparing for the settlement conference. Any party who wishes to vary any of these procedures must make an appropriate request to the Court before the settlement conference. 1. Pre-conference exchange of demand and offer. A settlement conference will be more productive if the parties exchange written demands and offers, and if the parties have made a good faith effort to settle the case on their own. Accordingly, at least 7 business days before the settlement conference, the plaintiff shall submit a written itemization of damages and settlement demand to the defendant, with a detailed explanation of why the demand is appropriate (and list the names or the clients and lawyers who will attend the conference). No later than 3 business days before the settlement conference, the defendant shall submit a written offer to the plaintiff, with a detailed explanation of the offer is appropriate (and list the names or the clients and lawyers who will attend the conference). If settlement is not reached through this process, the defendant shall e-mail copies of both side’s letters to Judge Chang’s chambers on the third business day before the conference (e-mail to [email protected]). Do not file copies of these letters with the Clerk or on the docket. 2. Attendance of parties required. Parties with full and complete settlement authority must personally attend the conference. This means that if a party is an individual, that individual must personally attend; if a party is a corporation or governmental entity, a representative of who is authorized to negotiate and who has full settlement authority must personally attend; if a party requires approval by an insurer to settle, then a representative of the insurer who is 1 authorized to negotiate and who has full settlement authority must attend. Having a client with authority available by telephone is not an acceptable alternative, except under exceptional circumstances and with the prior permission of the Court. 3. Conference Format. The Court generally will follow a “mediation” format: a joint session with the Court in which each side makes opening presentations to the other side, followed by private meetings by the Court with each side. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to discover creative means for resolving the dispute. 4. Statements Inadmissible. Any statements made by any party or attorney during the settlement conference will be inadmissible at trial. That rule should encourage parties and attorneys to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. 5. Issues to be Discussed. Parties should be prepared to discuss the following at the settlement conference: a. What are your goals in the litigation and what problems would you like to address in the settlement conference? What do you understand are the opposing side’s goals? b. c. d. e. f. Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of factual and legal agreement and disagreement between the parties? Does settlement or further litigation better enable you to accomplish your goals? Are there possibilities for a creative resolution of the dispute? Are there outstanding lien holders or third parties who should be invited to participate in the settlement conference? For many clients, this will be the first time they will participate in a court- supervised settlement conference. Thus, before the settlement conference, counsel shall provide a copy of these instructions to the client and shall discuss the points contained herein with the client. 2 6. Other information. Parties and their counsel should appear in Judge Chang’s courtroom on the date and time set for the settlement conference. In anticipation of a settlement, the parties should review and be prepared to complete the attached Settlement Checklist/Term Sheet at the conclusion of the settlement conference. The parties should also review the “Settlement Dismissal Orders” link on Judge Chang’s website for information on how to draft proposed dismissal orders. 3 SETTLEMENT CHECKLIST/TERM SHEET CASE NAME: ______________________________________________________ CASE NO. ______ CV ______ DATE: _________________________________ A. PAYMENT OF MONEY 1. To:___________________________ From:_____________________________ 2. Total amount to be paid: $________________________ 3. When: __________________________________________ 4. Payment terms (e.g., to whom checks will be written, number of payments, payment schedule, etc.): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ 5. Does payment include attorney’s fees? Yes or No 6. Any third party liens to be paid from proceeds? Yes or No a. If yes, to whom: ______________________________________________ 7. Tax Treatment (e.g., W-2, 1099): _____________________________________ B. SELECT A RELEASE OPTION 1. Choose one of the following: a. One Way From Plaintiff(s) to Defendant(s), or b. Mutual 2. Scope of Release : a. General Release 1 i. All claims raised in the litigation, or ii. All existing claims, whether or not raised in the litigation. OR b. Limited Release (describe): __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ C. CONFIDENTIALITY 1. Settlement agreement to be confidential: Yes or No 2. Mutual: Yes or No 3. What can the parties say to others to describe the litigation’s resolution? a. “Dispute amicably resolved,” or b. Other: ______________________________________ 4. Exceptions to confidentiality? a. b. c. d. e. Attorneys Tax advisors Immediate family As otherwise required by law Other: ____________________________________________ 5. Liquidated damages if breach of confidentiality agreement: Yes or No a. Amount (Not too large to avoid being a penalty, e.g., no more than 5-10% of total settlement): $_______________________________ 2 D. OTHER SETTLEMENT TERMS 1. No admission of liability. 2. __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ __________________________________________________________________ E. EMPLOYMENT CASES ONLY 1. 2. Ability to reapply: Yes or No Type of reference:________________________________________________ F. EFFECTIVE DATE 1. A binding agreement today; or 2. No binding agreement until the typed settlement agreement is signed. (Only select in instances where parties need to negotiate additional terms or obtain further approval.) G. CONFIRMING AND DOCUMENTING SETTLEMENT 1. 2. Do parties wish to place settlement terms in the public record? Yes or No Settlement terms to be incorporated in a typed written agreement? Yes or No a. Typed agreement to be prepared by _________________________ and sent to other parties on or before ________________________. b. Other parties to respond with changes, if any, by _____________. 3. Typed settlement agreement to be executed on or before _____________. 4. Will settlement agreement be filed in court? Yes or No 5. Other terms regarding documenting the settlement: ________________. 3 H. DISMISSAL OF LITIGATION AND ENFORCEMENT OF AGREEMENT (Circle one): 1. Dismissal without prejudice that automatically converts to a dismissal with prejudice on [[insert date]] unless before that date a party files a motion to reinstate, a motion to enforce the parties’ settlement agreement, or a motion for additional time to file a motion to reinstate or a motion to enforce the settlement agreement. (If by the time of the entry of the stipulated dismissal order the settlement terms are not yet totally fulfilled (e.g., payments in installments), then circle this option. The Court cannot enforce the settlement agreement after dismissal “with prejudice” is entered.) 2. Dismissal with prejudice. (If by the time of the entry of the stipulated dismissal order the settlement terms will have been fulfilled (e.g., payment made), then circle this option.) I. DO PARTY REPRESENTATIVES HAVE FULL AUTHORITY TO ENTER INTO SETTLEMENT AGREEMENT? Yes or No Print name, title, and identity of parties: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Signatures of all party representatives: ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ 4
=== Trial Procedures ===
Civil Trial Procedures for Judge Edmond E. Chang 1. Jury Selection. In the Jury Department, jurors are provided with a letter stating the general background questions each juror will answer during voir dire. (You can find a link to Judge Chang’s letter, entitled Voir Dire Standard Letter, on the Civil Trials & Voir Dire section of Judge Chang’s website.) Jurors will be placed in the jury box and in the gallery according to the random-order list. The Court will ask the background questions of all jurors. After each juror answers, the Court will ask the additional questions approved, during the pre-trial conference, for voir dire. After that questioning, counsel will have a chance to propose follow-up questions at a side-bar (though the Court will ask the questions). After that last round of questioning, counsel will exercise for-cause challenges. That will leave the qualified pool on which peremptory strikes will be made (double-strikes count against both sides). The first 8 (or however many jurors are being seated for the trial) non-struck jurors on the random-order jury list will comprise the jury. 2. Exhibit-Naming Convention & Exhibit Copies. Refer to the Proposed Pretrial Orders & JERS link on Judge Chang’s website (JERS is the Jury Evidence Recording System) for instructions on how to name and supply exhibits for trial. In sum, each party shall supply (a) the exhibits in digital format on a USB drive, DVD, or CD; and (b) the exhibits in paper copy (just 1 set), double-sided in three-ring binders. The exhibit binders should separate the exhibits with tabs that correspond to the exhibit number. Show demonstrative and summary exhibits to opposing counsel in advance of the trial day, even if not offered into evidence. If you need instruction on the courtroom display technology equipment, please call the Systems Department (312.435.6045) within the Clerk’s Office. 3. Displaying Exhibits on the Video Monitors. The courtroom’s evidence- display technology has separate controls for the counsel-table video monitors, the witness’s monitor, and the jury’s monitors. The judge will leave the counsel-table monitors set to display during the entire trial. Generally, the judge also will leave the witness’s monitor set to display during the entire trial, because usually the other side does not have an objection to the witness being shown the proposed exhibit. But in order to give the other side time to object to even that step, the offering party should state something to the effect of, “Your Honor, I’d like to show Plaintiff’s Exhibit 1 to the witness.” If the opposing party objects to even showing the witness the exhibit, that is the time to object. Otherwise, the offering party may display the exhibit to the witness via the offering party’s laptop or the document camera. To publish the exhibit to the jury, preface your request with something to the effect of, “Your Honor, may we publish Plaintiff’s Exhibit 1 to the jury?” The Court will ask whether there is an objection, and then if publication is allowed, the Court will turn on the jury’s video monitors. When done with that exhibit, say something to the effect of, “Your Honor, we’re done with that exhibit,” and the Court will turn off the jury’s video monitors (and that also will be a signal to your co-counsel or assistant if you have someone putting on and off an exhibit via a laptop). As we get deeper into the trial, we might be able to avoid turning off the jury monitors at certain points. For example, if you’re asking a witness about an exhibit or set of exhibits already allowed into evidence and already published, you may signal that you’re going to move onto an exhibit that’s already been published (e.g., “Your Honor, we’re done with that exhibit, and I’d now like to show Plaintiff’s Exhibit 2, which has already been published.” The Court will ask whether there’s any objection, and if not, the jury monitors will remain on. 4. Witness Examinations / Jury Addresses. All witness examinations must be conducted from the podium unless otherwise allowed by the Court. The only alternative site is the end of the jury box, but you must speak loudly enough for the witness, judge, jury, and court reporter to easily hear you, and speak into the microphone at the end of the jury box. In order to respect the jury’s time, always have enough witnesses available so that we make use of the full trial day. Jury addresses must take place at the podium as well: even if you speak loudly for us to hear you, the audio-recording system relies on the microphones to record what you say, and the recording is necessary for transcript preparation or to resolve a dispute over what a transcript says. 5. Objections. When you object, you must stand so that the Court and the witness are on alert that an objection will be made. Before trial, counsel should instruct their witnesses not to answer a question when they see the opposing lawyer stand and while an objection is pending. You must state a short, non-argumentative basis for the objection (e.g., relevance, hearsay), and responses must be similarly short and non-argumentative. Ideally, there will be little or no need for a side-bar if objections and responses are succinct. 2
=== Voir Dire Standard Letter ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604 CHAMBERS OF EDMOND E. CHANG JUDGE Dear Prospective Juror: Welcome to the United States District Court for the Northern District of Illi- nois. Our system of justice depends on fair and impartial juries, and I thank you for your willingness to serve. I will soon be asking you questions on your qualifications to serve as a juror on this case. All of these questions focus on your ability to be totally objective and com- pletely free from prejudice about the issues, the witnesses, the parties, and their at- torneys. Thus, even if the individual questions might not specifically cover some mat- ter that in your judgment could (or would) adversely affect your ability to serve as a juror in this case, it will be important that you advise me of that before the question- ing process ends. Remember that honesty and candor are crucial to selecting a fair and impartial jury. During the questioning period, I will first ask each of you to stand one at a time and to tell me, and the parties’ lawyers, the following information: 1. 2. 3. 4. Your name. The name of the city, village, or town in which you live. (If you live in the City of Chicago, please tell us what part of the City.) Also, if you haven’t lived at your current home for more than 5 years, please tell us where else you have lived in the past 5 years. And do you rent or own? How far did you go in school and what degrees do you have, if any? Your employment information for the past 10 years: a. b. name and nature of the business or employer, and where located; brief general description of your job duties. 5. Family information and their employment information: a. If married, your spouse’s employment information for the past 10 years. b. c. If you have children, their ages and current employment infor- mation (if any). If any other adult lives in your household (e.g., any parent, brother, sister, boyfriend or girlfriend or anyone else), the same employment information about that person. 6. Your major hobbies or interests, including what materials you like to read. Where (if anywhere) do you get your news? What television pro- grams, if any, do you regularly watch? After you and your fellow prospective jurors have answered these questions, I will ask some follow-up questions. Cordially, _______________________ Honorable Edmond E. Chang United States District Judge
=== Please click here for instructions on the Jury Evidence Recording System (JERS). ===
Revised: 12/21/2014 JURY EVIDENCE RECORDING SYSTEM (JERS) 1. Introduction to JERS JERS is a computer system that the jury will use to review exhibits on a wide-screen video monitor, rather than reviewing paper copies. The jury room has the JERS computer, a touch-screen monitor for the jury to pick an exhibit to display, and the wide-screen monitor. JERS can display what otherwise would have been on paper (including photos), and JERS also can play audio and video files. We’re experimenting with this system to start moving toward as much digital presentation as possible, with all of its display and cost-reducing advantages. With JERS, the jury can zoom-in on parts of an exhibit, and for audio and video, there’s no need for a party to supply the jury with a laptop for deliberations. We hope that in the future there will be other advantages, such as a text-search function. Thanks in advance for your patience as we continue to learn how best to use JERS. JERS is not directly used to present evidence in court during trial; right now, it’s just used to display exhibits during deliberations. But JERS does indirectly affect your trial preparation because you must supply your exhibits to the Court in digital format, and you must name your exhibits using a specific convention. This in turn affects your preparation even for the pretrial conference, because Judge Chang requires that the parties exchange proposed exhibits before the pretrial conference (more on this below, as well as in Judge Chang’s Standing Order Governing Proposed Pretrial Orders). 2. File types usable with JERS JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav 3. Exhibit-naming convention To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number, followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number>__<exhibit description>.<file extension>1 Examples: 1_Financial Statement 2009 Annual.pdf 2_Contract 2010 Renewal.pdf 3_Photo Front Door.jpg 4_Audio Dec 11 2013 Phone Call.mp3 5_Video Traffic Stop.wmv Use consecutive numbers to designate exhibits; do not use letters to distinguish exhibits. Also, do not use an “exhibit part,” such as 1A or 2A. Just use consecutive numbers (plus the neutral description). The neutral description cannot be more than 200 characters (hopefully, you’ll never come close to that limit). You might reasonably wonder whether JERS will mix-up the parties’ exhibits because both sides are using numbers. We have tested this convention and it works because JERS itself adds a party prefix for each side (“Pla” (or “Gov” for government) and “Def”) when we import the files into JERS, party-by-party. If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits. In the rare case of dual juries, we’ll discuss how to handle the JERS submission. If you’re using litigation-display software that imprints a “digital” exhibit sticker on documentary exhibits, that’s fine, though you should confine the exhibit sticker to the party designation (e.g., Pla or Gov, and Def) and the exhibit number. One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc. By creating this stand-in for physical objects, we accomplish two things: (1) we can print a comprehensive exhibit list before the trial for the Court and for the parties, 1 The file-type extension (e.g., .pdf, .wmv) is automatically added by your computer; it’s included here for completeness. 2 which we all can use to track whether an exhibit is allowed into evidence (including physical objects); and (2) the jury’s exhibit list will be complete, and it will serve as a reminder of what physical objects were allowed into evidence. 4. Pretrial conference exhibits In order to maintain consistency in the record, you must use the JERS exhibit-naming convention even at the pretrial-conference stage (please refer to Judge Chang’s Standing Order Governing Proposed Pretrial Orders for more detail). Five business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD. Consistent with the Standing Order, you’ll also be supplying to chambers three paper copies of only the objected-to exhibits, double-sided in three-ring binders. 5. Trial exhibits before the trial’s start After the pretrial conference, do not renumber the exhibits, even if during the pretrial conference the Court deemed some of them inadmissible. This will preserve consistency of exhibit numbering from the pretrial conference and throughout trial, and the record will be clearer. Five business days before the trial, supply the trial exhibits to the courtroom deputy and to the other side, again on a USB drive, CVD, or CD. At this trial stage, you need not include exhibits that have been deemed inadmissible (you may include exhibits that still have a chance of being allowed, e.g., if the other party opens the door to evidence deemed otherwise inadmissible). Consistent with the Standing Order Governing Proposed Pretrial Orders, you should continue to include even those exhibits that are not likely to be allowed directly into evidence, but to which the Court will likely need to refer (e.g. deposition transcripts for impeachment of will-call witnesses). The Court will run a test to ensure that the exhibits are imported correctly into JERS. For now, also supply one copy of the exhibits in paper form (hopefully soon we’ll be able to dispense with this requirement, when we have increased confidence in JERS). This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations. 3 6. Trial exhibits newly added during trial When an exhibit is allowed into evidence during trial and the exhibit was not previously supplied on the JERS disc, not surprisingly the exhibit must follow the same exhibit-naming convention as described above. Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the courtroom deputy will import it into JERS. 7. Close of Evidence Before closing arguments, we’ll confer on the record to ensure agreement on which exhibits were allowed into evidence during the trial. After jury instructions, the lawyers will confer with the courtroom deputy to examine the list of exhibits to be released to the jury for deliberations on JERS. The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down). Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer. 8. Use of JERS by the jury At the end of jury instructions, the Court will inform the jury that they will be using the JERS system. The jury will watch a video tutorial that explains how to use the system. Judge Chang will accompany the jury into the jury room to view the tutorial, but will instruct the jury that, like any other question during deliberations, the jury must ask questions about JERS in writing (and like any other jury question, the Court will share it with counsel before responding). The JERS computer is not equipped to allow the jury to access the internet, or indeed any other program other than JERS. If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits. 4
=== Standing Order Governing Proposed Pretrial Orders ===
STANDING ORDER GOVERNING PROPOSED PRETRIAL ORDERS This Standing Order sets forth the requirements that the parties must meet in submitting a Proposed Pretrial Order for the Court’s consideration. Proposed pretrial orders must be filed electronically using CM/ECF (no need for courtesy copies). To file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Proposed Pretrial Order event. Also email it to [email protected] in Microsoft Word format. 1. Jurisdiction. State the jurisdictional basis for each claim. If the parties rely on either diversity jurisdiction or another jurisdictional basis that requires a threshold amount, then state whether the parties agree that the amount in controversy exceeds the amount, and include a concise explanation of how the evidence supports that statement. 2. Trial Attorneys. List all of the attorneys trying the case, as well as contact information (business address, telephone number, and e-mail address). 3. Case Statement. Provide a concise agreed statement of the case to be read by the Court to the jury pool during jury selection. The statement must describe the nature of the case, claims, and defenses. This is a neutral description of the case, with just enough information to introduce the case to the jury and to ask potential jurors whether they happen to know anything about the case. 4. Trial Length / Number of Jurors. State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already accounts for lunch and breaks). Propose estimated time limits for (a) opening statements per side; (b) closing arguments per side (including an initial close and rebuttal for the plaintiff); and (c) the total number of hours of witness examination per side. Also, state the number of jurors that the parties recommend (subject to Federal Rule of Civil Procedure 48(a . 5. Stipulations and Uncontested Facts. In numbered paragraphs, state any stipulations and uncontested facts. No later than 10 business days before the Proposed Pretrial Order’s due date, the parties must serve on each other proposed stipulations and uncontested facts. No later than 5 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. 6. Witness Description Lists. Each party shall provide a list of witnesses, including expert witnesses, divided into (a) witnesses who will be called; and (b) witnesses who might be called. The lists should include even those witnesses whose testimony will not be presented in-court (e.g., a video deposition). For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’s role in the case. For example: “George Washington is Plaintiff’s cousin. Washington witnessed the arrest of Plaintiff where Defendants allegedly used excessive force.” Or: “John Adams is Defendant’s Chief Operating Officer. Adams made promises concerning the timing of payments under the contract.” Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness. The names of witnesses on the lists will be read to the jury during jury selection to ensure that potential jurors do not personally know any witnesses. 7. Exhibits and Exhibit Charts. The parties must submit an exhibit chart, one each for Plaintiff’s exhibits and Defendant’s exhibits. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection. The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged). No. Date Description Relevance Objection 1 02/15/06 2005 Performance Review Proves record of satisfactory job performance R. 402 relevance; R. 403 confusion. Plaintiff fired in 2011. In addition to substantive exhibits and Rule 1006 summary exhibits, the chart should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence. For example, deposition transcripts of witnesses likely to be impeached, or documents likely to be used to refresh memory, should be included on the chart (and assigned an exhibit number and description). Any substantive exhibit not objected-to shall be deemed admissible into evidence by this Order (note: for the exhibit to be actually entered into the record for the jury’s consideration, the exhibit still must be referred-to during trial testimony or otherwise published to the jury). Do not over-designate exhibits, because we will examine exhibits one-by-one during the pretrial conference, and plainly inadmissible exhibits will needlessly consume time. By the same token, the parties must limit the objections to only good-faith objections. Frivolous and boilerplate objections will waste time, because in preparation for the pre-trial conference, the Court will review, as much as possible, the exhibits and the objections. The parties shall stipulate to the authenticity of exhibits whenever possible. If a foundation objection is asserted and the offering party proffers a foundation that the Court believes overcomes the objection, the offering party still must lay the foundation at trial. 2 As noted above, non-objected-to exhibits will be admissible into evidence by operation of this Order, without any need for further foundation testimony (remember, however, that the exhibit must still be referred-to during trial testimony or otherwise published to the jury in order for the exhibit to be considered by the jury). But during the trial, for the jury’s sake and for the clarity of the record, still move the exhibit into evidence before publishing it to the jury. The Court will ask whether there is any “further” objection, so any pretrial objection is preserved. At least 5 business days before the pre-trial conference, the parties must submit to chambers a USB storage device, DVD, or CD with all of the proposed exhibits. The parties must use the exhibit-naming convention for the Jury Evidence Recording System (JERS); the Court will provide the parties with an instruction memorandum on how to use JERS and name exhibits.1 In addition to the disc, the parties also must supply 2 sets of exhibit binders containing copies of objected-to exhibits only. The party that is objecting to an exhibit is responsible for providing the copy of the objected-to exhibit. (After the pretrial conference and rulings on exhibits, no later than 5 business days before trial, the parties must submit the final trial exhibits on a disc or drive and provide one paper copy of the exhibits, double-sided in three-ring binders.) 8. Deposition Designations. If a party proposes to introduce a witness’s testimony via a deposition rather than live testimony, then the offering party must serve the page/line designations of the deposition transcript on the opposing party 10 business days in advance of the pretrial order’s due date. The opposing party must serve objections to designations (including a concise basis for the objection, like the Exhibit Chart) and also state the opposing party’s counter-designations (including counter-designations conditioned on an objection being overruled) 5 business days in advance of the pretrial order’s due date. The parties shall generate a joint chart, in page order, that sets forth the designation, objection, counter-designation if objection overruled, any counter-designations, and any objections to the counter-designations (again, with a concise basis for the objection, like the Exhibit Chart). 9. Damages Itemization. Plaintiff (and counter/cross-claimants, if any) shall itemize damages and other relief sought, and provide a concise explanation of the evidentiary basis for each itemization. 10. Motions in Limine. In the Proposed Pretrial Order, each party must provide a list that very briefly summarizes its motions in limine, e.g., “Motion to bar reference to Witness A’s drug use.” The motions themselves must be filed the earlier of (a) the due date of the Proposed Pretrial Order or (b) 3 weeks before trial. The parties must confer on all motions in limine before filing them. If there is no 1 Ideally, any exhibit in .pdf format will have undergone Optical Character Recognition (OCR) and be text-searchable. 3 objection to a motion, but the movant wishes to file a motion memorializing the non- objection, then the motion must state that there is no objection. To the extent reasonable, file multiple motions in one filing (or a few consolidated filings) to reduce the number of filings. Unless otherwise ordered, responses are due 5 business days after the motion’s filing, and replies are due 3 business days after the responses; again, consolidate as much as reasonable. The goal is to be in a position to rule on all of the motions in limine at the pre-trial conference. 11. Voir Dire Questions. The parties should check Judge Chang’s website for the standard background questions that the Court asks prospective jurors during voir dire. For additional questions, the parties must file a list divided into (a) agreed-upon questions and (b) proposed questions to which there is an objection. A short basis for any objection must accompany the list. Each side is limited to 12 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit. 12. Jury Instructions / Verdict Forms. The parties must meet and confer in order to attempt to agree on as many jury instructions and verdict forms as possible. Where applicable, the Court generally prefers the Seventh Circuit’s Pattern Instructions. The proposed jury instructions must state, on an instruction-by- instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction. If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority. Moreover, if an instruction is disputed, the objecting party must concisely state—on the page immediately following the instruction— the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms. 13. Signature. The Proposed Pretrial Order must be signed (electronically) by counsel for each party. Revised: August 24, 2021 ENTERED: _______________________ EDMOND E. CHANG United States District Judge 4
=== Standing Order Governing Criminal Pretrial & Trial Procedures ===
Standing Order Governing Criminal Pretrial & Trial Procedures This Standing Order applies to all criminal pretrial and trial procedures. The purpose of these requirements is to promote a fair and expeditious trial. The Court will set a deadline for the filing of the pretrial filings described below. 1. Joint Pretrial Statement. The parties shall file on the docket a Joint Pretrial Statement with the following items, and also email the complete Statement to Judge Chang’s Proposed Order email account in MS Word format: a. Case Statement. The parties shall confer and provide a concise agreed statement of the case to be read by the Court to the jury pool during jury selection. This is a neutral description of the case, with just enough information to introduce the case to the jury and to ask potential jurors whether they happen to know anything about the case. After reading the case statement, Judge Chang also ordinarily reads the third paragraph of Pattern Instruction 1.02: “The indictment is simply the formal way of telling the defendant what crimes he is accused of committing. It is not evidence that the defendant is guilty. It does not even raise a suspicion of guilt.” b. Trial Length / Number of Jurors. State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already accounts for lunch and breaks). Provided estimated sub-totals for the government’s case and the defense case (if any is anticipated). Propose time limits for opening statements and closing arguments, per side. Propose the number of alternate jurors. c. Voir Dire Questions. Attached to this Standing Order is the juror letter with standard background questions that the Court asks prospective jurors during voir dire (the background letter is provided to the jurors when they are in the Jury Department room). For additional questions, the parties must file a list divided into (a) agreed-upon questions and (b) proposed questions to which there is an objection. A short basis for any objection must accompany the list. Each side is limited to 15 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit. Each side shall provide the other with proposed voir dire questions 5 business days before the due date of the Joint Pretrial Statement, and confer by 2 business days before the due date in order to generate this section of the Statement. d. Stipulations and Uncontested Facts. In numbered paragraphs, set forth any stipulations and uncontested facts. No later than 5 business days before the pretrial conference, the parties must serve on each other proposed stipulations. No later than 2 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible. 2. Witness Description Lists. On the same date as the Joint Pretrial Statement, each party shall file a list of witnesses (and email an MS Word version to Judge Chang’s Proposed Order email account), including expert witnesses, divided into (a) witnesses who will be called; and (b) witnesses who might be called. For each witness, provide a very concise (one or two sentences) description of the witness and the witness’s role in the case. For example: “Martha Washington is the case agent for the case. She also participated in executing the search warrant.” Or: “George Washington is XYZ Corporation’s Chief Operating Officer. He questioned the defendant about the allegedly fraudulent accounting entries.” The names of witnesses on the lists will be read to the jury during jury selection to ensure that potential jurors do not personally know any witnesses. 3. Exhibit Lists and Proposed Exhibits at Pretrial Stage. Each party must file an exhibit chart on the same date as the Joint Pretrial Statement. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection. The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged). No. Date Description Relevance Objection 1 02/15/06 2005 Performance Review Proves record of satisfactory job performance R. 402 relevance; R. 403 confusion. Plaintiff fired in 2011. Because of the need to work together to create the charts (because of the objection column), the parties must exchange their respective proposed exhibit charts 10 business days before the deadline for filing the charts, and the objecting side must return the chart with the objection column filled in 5 business days before the deadline. With regard to creating and naming the electronic versions of the exhibits, the parties must use the exhibit-file format and exhibit-naming convention for the Jury Evidence Recording System (JERS). Information on JERS is attached 2 to this Standing Order.1 No later than 5 business days before the pre-trial conference, the parties must submit to chambers a USB storage device, DVD, or CD with all of the proposed exhibits. In addition to the disc, the parties also must supply 3 sets of exhibit binders containing copies of objected-to exhibits only. Unless the parties agree otherwise, the party that is objecting to an exhibit is responsible for providing the copy of the objected-to exhibit. During the pretrial conference, the parties should raise any objections to exhibits that can be resolved before trial, in order to promote an expeditious trial and to avoid sidebars. 4. Motions in Limine. The motions in limine must be briefed as thoroughly as possible (the Court will set a briefing schedule in each case). The Court’s goal is to be in a position to decide as many of the motions in limine before the pretrial conference by relying on the briefs; any remaining motions in limine will be decided at the pre-trial conference, if at all possible. Unless set separately, the deadline on motions in limine includes Santiago motions by the government to allow co-conspirator statements. Santiago motions must be specific in identifying the offered statements, so that the parties may brief, and the Court may analyze, the propriety of each statement. 5. Jury Instructions / Verdict Forms. The parties must confer in order to attempt to agree on as many jury instructions as possible, as well as the verdict form. Where applicable, the Court generally prefers the Seventh Circuit’s Pattern Instructions, but of course the parties may propose modifications to the Pattern and may propose additional, non-Pattern Instructions. The proposed jury instructions must state, on an instruction-by-instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction. If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority (often citing to the Pattern or to a case will be explanation enough). Moreover, if an instruction is disputed, the objecting party must concisely state—on the page immediately following the instruction—the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms. The jury-instructions filing also must be emailed to Judge Chang’s Proposed Order email account in MS Word format (a deadline will be set in each case). 6. Jury Selection. As noted above, in the Jury Department, jurors are provided with a letter stating the general background questions each juror will answer during voir dire. Jurors will be seated in the jury box and in the gallery according to the random-order list. The Court will ask the background questions of 1 Ideally, any exhibit in .pdf format will have undergone Optical Character Recognition (OCR) and be text-searchable. 3 all jurors. After each juror answers, the Court will ask the additional questions approved, during the pre-trial conference, for voir dire. After that questioning, counsel will have a chance to propose follow-up questions at a side-bar (though the Court will ask the questions). After that last round of questioning, counsel will exercise for-cause challenges. That will leave the qualified pool on which peremptory strikes will be made (double-strikes count against both sides). The first 12 non-struck jurors on the random-order jury list will comprise the jury. Then the parties will exercise their peremptory (or peremptories, if more than one) challenge for the alternate (or alternates, if more than one). 7. Exhibits at Trial Stage. Just as at the pretrial stage, when preparing exhibits for the trial itself, once again use the JERS exhibit format and naming convention. As stated in the JERS instructions, five business days before trial, each party shall supply (a) the exhibits in digital format on a USB drive, DVD, or CD; and (b) the exhibits in paper copy (just 1 set), double-sided in three-ring binders. The exhibit binders should separate the exhibits with tabs that correspond to the exhibit number. 8. Displaying Exhibits on the Video Monitors. If you need instruction on the courtroom display technology equipment, please call the Systems Department (312.435.6045) within the Clerk’s Office. Please note that the courtroom’s evidence- display technology has separate controls for the counsel-table video monitors, the witness’s monitor, and the jury’s monitors. The judge will leave the counsel-table monitors set to display during the entire trial. Generally, the judge also will leave the witness’s monitor set to display during the entire trial, because usually the other side does not have an objection to the witness being shown the proposed exhibit. But in order to give the other side time to object to even that step, the offering party should state something to the effect of, “Your Honor, I’d like to show Government’s Exhibit 1 to the witness.” If the opposing party objects to even showing the witness the exhibit, that is the time to object. Otherwise, the offering party may display the exhibit to the witness via the offering party’s laptop or the document camera. To publish the exhibit to the jury, preface your request with something to the effect of, “Your Honor, may we publish Government’s Exhibit 1 to the jury?” The Court will ask whether there is an objection, and then if publication is allowed, the Court will turn on the jury’s video monitors. When done with that exhibit, say something to the effect of, “Your Honor, we’re done with that exhibit,” and the Court will turn off the jury’s video monitors (and that also will be a signal to your co- counsel or assistant if you have someone putting on and off an exhibit via a laptop). As we get deeper into the trial, we might be able to avoid turning off the jury monitors at certain points. For example, if you’re asking a witness about an exhibit 4 or set of exhibits already allowed into evidence and already published, you may signal that you’re going to move onto an exhibit that’s already been published (e.g., “Your Honor, we’re done with that exhibit, and I’d now like to show Government’s Exhibit 1, which has already been published.” The Court will ask whether there’s any objection, and if not, the jury monitors will remain on. 9. Witness Examinations / Jury Addresses. In order to respect the jury’s time, always have enough witnesses available so that we make use of the full trial day. All witness examinations must be conducted from the podium unless otherwise allowed by the Court. The only alternative site is the end of the jury box, but you must speak loudly enough for the witness, judge, jury, and court reporter to easily hear you, and speak into the microphone at the end of the jury box so that the audio-recording system can record you. Jury addresses must take place at the podium as well: even if you speak loudly for us to hear you, again the audio- recording system relies on the microphones to record what you say, and the recording is necessary for transcript preparation or to resolve a dispute over what a transcript says. 10. Objections. When you object, you must stand so that the Court and the witness are on alert that an objection will be made. Before trial, counsel should instruct their witnesses not to answer a question when they see the opposing lawyer stand and while an objection is pending. You must state a short, non-argumentative basis for the objection (e.g., relevance, hearsay), and responses must be similarly short and non-argumentative. Ideally, there will be little or no need for a side-bar if objections and responses are succinct. Revised: October 2, 2017 ENTERED: _______________________ EDMOND E. CHANG 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604 CHAMBERS OF EDMOND E. CHANG JUDGE Dear Prospective Juror: Welcome to the United States District Court for the Northern District of Illinois. Our system of justice depends on fair and impartial juries, and I thank you for your willingness to serve. I will soon be asking you questions on your qualifications to serve as a juror on this case. All of these questions are intended to focus on your ability to be totally objective and completely free from prejudice about the issues, the witnesses, the parties, and their attorneys. Thus, even if the individual questions might not specifically cover some matter that in your judgment could (or would) adversely affect your ability to serve as a juror in this case, it will be extremely important that you advise me of that before the questioning process ends. Remember that honesty and candor are crucial to selecting a fair and impartial jury. During the questioning period, I will first ask each of you to stand one at a time and to tell me, and the parties’ lawyers, the following information: 1. 2. 3. 4. Your name. The name of the city, village, or town in which you live. (If you live in the City of Chicago, please tell us what part of the City.) Also, if you haven’t lived at your current home for more than 5 years, please tell us where else you have lived in the past 5 years. And do you rent or own? How far did you go in school and what degrees do you have, if any? Your employment information for the past 10 years: a. b. name and nature of the business or employer, and where located; brief general description of your job duties. 5. Family information and their employment information: a. If married, your spouse’s employment information for the past 10 years. b. c. If you have children, their ages and current employment information (if any). If any other adult lives in your household (e.g., any parent, brother, sister, boyfriend or girlfriend or anyone else), the same employment information about that person. 6. Your major hobbies or interests, including what materials you like to read. Where (if anywhere) do you get your news? What televison programs, if any, do you regularly watch? After you and your fellow prospective jurors have answered these questions, I will ask some follow-up questions. Cordially, _______________________ Honorable Edmond E. Chang United States District Judge Revised: 12/21/2014 JURY EVIDENCE RECORDING SYSTEM (JERS) 1. Introduction to JERS JERS is a computer system that the jury will use to review exhibits on a wide-screen video monitor, rather than reviewing paper copies. The jury room has the JERS computer, a touch-screen monitor for the jury to pick an exhibit to display, and the wide-screen monitor. JERS can display what otherwise would have been on paper (including photos), and JERS also can play audio and video files. We’re experimenting with this system to start moving toward as much digital presentation as possible, with all of its display and cost-reducing advantages. With JERS, the jury can zoom-in on parts of an exhibit, and for audio and video, there’s no need for a party to supply the jury with a laptop for deliberations. We hope that in the future there will be other advantages, such as a text-search function. Thanks in advance for your patience as we continue to learn how best to use JERS. JERS is not directly used to present evidence in court during trial; right now, it’s just used to display exhibits during deliberations. But JERS does indirectly affect your trial preparation because you must supply your exhibits to the Court in digital format, and you must name your exhibits using a specific convention. This in turn affects your preparation even for the pretrial conference, because Judge Chang requires that the parties exchange proposed exhibits before the pretrial conference (more on this below, as well as in Judge Chang’s Standing Order Governing Proposed Pretrial Orders). 2. File types usable with JERS JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav 3. Exhibit-naming convention To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number, followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number>__<exhibit description>.<file extension>1 Examples: 1_Financial Statement 2009 Annual.pdf 2_Contract 2010 Renewal.pdf 3_Photo Front Door.jpg 4_Audio Dec 11 2013 Phone Call.mp3 5_Video Traffic Stop.wmv Use consecutive numbers to designate exhibits; do not use letters to distinguish exhibits. Also, do not use an “exhibit part,” such as 1A or 2A. Just use consecutive numbers (plus the neutral description). The neutral description cannot be more than 200 characters (hopefully, you’ll never come close to that limit). You might reasonably wonder whether JERS will mix-up the parties’ exhibits because both sides are using numbers. We have tested this convention and it works because JERS itself adds a party prefix for each side (“Pla” (or “Gov” for government) and “Def”) when we import the files into JERS, party-by-party. If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits. In the rare case of dual juries, we’ll discuss how to handle the JERS submission. If you’re using litigation-display software that imprints a “digital” exhibit sticker on documentary exhibits, that’s fine, though you should confine the exhibit sticker to the party designation (e.g., Pla or Gov, and Def) and the exhibit number. One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc. By creating this stand-in for physical objects, we accomplish two things: (1) we can print a comprehensive exhibit list before the trial for the Court and for the parties, 1 The file-type extension (e.g., .pdf, .wmv) is automatically added by your computer; it’s included here for completeness. 2 which we all can use to track whether an exhibit is allowed into evidence (including physical objects); and (2) the jury’s exhibit list will be complete, and it will serve as a reminder of what physical objects were allowed into evidence. 4. Pretrial conference exhibits In order to maintain consistency in the record, you must use the JERS exhibit-naming convention even at the pretrial-conference stage (please refer to Judge Chang’s Standing Order Governing Proposed Pretrial Orders for more detail). Five business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD. Consistent with the Standing Order, you’ll also be supplying to chambers three paper copies of only the objected-to exhibits, double-sided in three-ring binders. 5. Trial exhibits before the trial’s start After the pretrial conference, do not renumber the exhibits, even if during the pretrial conference the Court deemed some of them inadmissible. This will preserve consistency of exhibit numbering from the pretrial conference and throughout trial, and the record will be clearer. Five business days before the trial, supply the trial exhibits to the courtroom deputy and to the other side, again on a USB drive, CVD, or CD. At this trial stage, you need not include exhibits that have been deemed inadmissible (you may include exhibits that still have a chance of being allowed, e.g., if the other party opens the door to evidence deemed otherwise inadmissible). Consistent with the Standing Order Governing Proposed Pretrial Orders, you should continue to include even those exhibits that are not likely to be allowed directly into evidence, but to which the Court will likely need to refer (e.g. deposition transcripts for impeachment of will-call witnesses). The Court will run a test to ensure that the exhibits are imported correctly into JERS. For now, also supply one copy of the exhibits in paper form (hopefully soon we’ll be able to dispense with this requirement, when we have increased confidence in JERS). This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations. 3 6. Trial exhibits newly added during trial When an exhibit is allowed into evidence during trial and the exhibit was not previously supplied on the JERS disc, not surprisingly the exhibit must follow the same exhibit-naming convention as described above. Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the courtroom deputy will import it into JERS. 7. Close of Evidence Before closing arguments, we’ll confer on the record to ensure agreement on which exhibits were allowed into evidence during the trial. After jury instructions, the lawyers will confer with the courtroom deputy to examine the list of exhibits to be released to the jury for deliberations on JERS. The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down). Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer. 8. Use of JERS by the jury At the end of jury instructions, the Court will inform the jury that they will be using the JERS system. The jury will watch a video tutorial that explains how to use the system. Judge Chang will accompany the jury into the jury room to view the tutorial, but will instruct the jury that, like any other question during deliberations, the jury must ask questions about JERS in writing (and like any other jury question, the Court will share it with counsel before responding). The JERS computer is not equipped to allow the jury to access the internet, or indeed any other program other than JERS. If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits. 4
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