Standing Order Governing Criminal Pretrial & Trial Procedures; Sample Questionnaire; JERS; Pretrial Order Requirements

=== 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. A proposed pretrial order must be filed electronically on the docket 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. Joint Pretrial Statement. The parties should agree on a Joint Pretrial Statement with the following items: 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 Jenkins 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. 1 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. Each party provide a list of witnesses, 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. The parties must jointly submit an exhibit list that includes the Government’s exhibits and each Defendant(s) exhibits using the template uploaded to the Court’s webpage. The template requires the parties to provide the following information: (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 and the proponent’s theory of admissibility. The concise explanation of objection and theory of admissibility must be complete (i.e., list each distinct basis for admission or exclusion, such as Rules of Evidence or court opinions) but need not be as exhaustive as a brief would be. If additional argument on an issue will benefit the Court, it will ask the parties to brief the issue or address it at the final pretrial conference. Grounds not listed may be waived, except for foundation and authentication. Unless the parties stipulate to the admissibility of an exhibit, the proponent must be prepared to properly lay foundation and authenticate the document at trial. The parties shall, however, make a good faith effort to stipulate to the authenticity of exhibits to the extent reasonable. In addition to substantive exhibits and Rule 1006 summary exhibits, the list should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence. No. Date Description Relevance Objection 1 02/02/23 2023 Performance Review Proves record of satisfactory job performance R. 402 relevance; R. 403 confusion. Plaintiff fired in 2020. 2 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 pretrial order, and the objecting side must return the chart with the objection column filled in 5 business days before the deadline. 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. 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 found on the Court’s Standing Order page.1 No later than 5 business days before the pre- trial conference, the parties must submit to chambers all of the proposed exhibits using a box.com link the Court will provide upon request. 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. 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.” Motions in limine must be separately filed on the docket by the due date set by the Court. A party must consolidate separate motions in limine into a single filing (meaning the same ECF entry). The parties must also consolidate their responses to motions in limine into a single response brief (meaning the same ECF entry). Separately filed motions or separately filed responses to each motion are not permitted. Motions in limine are limited to 25 pages per side absent leave of Court. 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 1 Ideally, any exhibit in .pdf format will have undergone Optical Character Recognition (OCR) 3 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—immediately below the proposed 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 Jenkins’s Proposed Order email account in Word format along with the proposed final pretrial order. 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 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, use the JERS exhibit format and naming convention. The Court does not require exhibit binders, but if a binder is prepared, it 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, “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 4 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, “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 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: February 5, 2025 5

=== Sample Questionnaire ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604 CHAMBERS OF Lindsay C. Jenkins 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 describe the nature of this case and introduce you to the people involved in the trial. I will then ask you questions as to your qualifications to serve as a juror on this case. These questions are intended to focus on your ability to be totally objective and fair when serving as a juror in this particular case. If these questions do not specifically cover some matter that in your judgment could (or would) adversely affect your ability to serve as a juror in this case, you should bring the matter to my attention before the questioning process ends. 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 us the following information: 1. 2. 3. 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. Do you rent or own your home? How far did you go in school and what degrees do you have? Did you serve in the military? Did any members of your immediate family or your household serve in the military? 4. Your employment information for the past 10 years: a. b. name and nature of the business or employer, and where located; general description of your job duties. 5. Family and household information: a. b. If married, your spouse’s employment information for the past 10 years. If you have children, their ages and employment information (if any) for the past 10 years; and if any of them are married, the same employment information for your child’s spouse. If any other adult lives in your household, the same employment information about that person. c. 6. Whether you have ever sat on a jury before, and if so, whether that jury reached a verdict in the case (do not say what the verdict was). Please also explain whether any prior jury service related to a civil or criminal case or a grand jury. 7. Have you, someone in your immediate family, or member of your household ever been involved in a lawsuit or a criminal case as a party or witness? 8. What are your major hobbies or interests? What do you like to read or watch? Where do you get your news? What television programs, if any, do you regularly watch? What internet sites do you regularly visit? 9. Do you have any strong opinions, pro or con, about lawsuits in which the plaintiff sues the defendant for money? 10. Is there anything about the subject matter of this case that might make it difficult for you to be fair to one side or the other? If so, please explain. 11. Are there any facts or circumstances that you can think of that might affect your ability to serve as a fair and impartial juror in this case? If so, please explain. 12. During this case, the court will instruct you on the law, and it is your obligation to follow those instructions whether you agree with them or not. If you disagree with the court’s instructions regarding the law, would you still follow those instructions? 13. Attached is a list of names. These people may be witnesses or may be mentioned during the trial. Please review the list carefully and let me know if you believe you know someone on the list. After you and your fellow prospective jurors have answered these questions, I will ask some follow-up questions. Dated: 4/24/2023 Cordially, Lindsay C. Jenkins United States District Judge

=== JERS ===

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. 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. JERS is not directly used to present evidence in court during trial; 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 the Court requires that the parties exchange proposed exhibits before the pretrial conference (more on this below, as well as in the Court’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 The file-type extension (e.g., .pdf, .wmv) is automatically added by your computer; 1 it’s included here for completeness. 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, 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. 2 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 the Court’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. Consistent with the Standing Order, you’ll also be supplying to chambers only the objected-to exhibits. 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. 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. Near the close of the trial, the Court will request the parties to supply one copy of the exhibits in paper form. This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations. 6. Trial exhibits newly added during trial When an exhibit is allowed into evidence during trial and the exhibit was not previously supplied, 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. 3 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 Jenkins 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

=== Pretrial Order Requirements ===

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. Final Pretrial Conference A final pretrial conference will be held approximately two weeks before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, the judge will address pending motions in limine, objections to witnesses and exhibits, and contested jury instructions, and will discuss trial procedures and scheduling, including alternate arrangements for witnesses who will not testify in person. Lead trial counsel with authority to discuss all aspects of the case must attend. See attached list that summarizes the relevant deadlines. 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 email 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 (plus counter-claims and crossclaims, if any) 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, opening statements, and closing arguments. 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. 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 whose testimony will be presented by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video); and (c) witnesses who might be called or whose testimony might be presented. For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’s role 1 in the case and, if applicable, whether the witness will by testifying other than live and in person. 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 list that includes Plaintiff’s exhibits and Defendant’s exhibits using the template uploaded to the court’s webpage. The template requires the parties to provide the following information: (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 and the proponent’s theory of admissibility. The concise explanation of objection and theory of admissibility must be complete (i.e., list each distinct basis for admission or exclusion, such as Rules of Evidence or court opinions) but need not be as exhaustive as a brief would be. If additional argument on an issue will benefit the court, it will ask the parties to brief the issue or address it at the final pretrial conference. Grounds not listed may be waived, except for foundation and authentication. Unless the parties stipulate to the admissibility of an exhibit, the proponent must be prepared to properly lay foundation and authenticate the document at trial. The parties shall, however, make a good faith effort to stipulate to the authenticity of exhibits to the extent reasonable. In addition to substantive exhibits and Rule 1006 summary exhibits, the list should also include proposed demonstrative exhibits and any exhibits that are likely to be referred to at trial even though not allowed into evidence. No. Date Description Relevance Objection PX1/DX1 02/15/06 2005 Performance Review Proves record of satisfactory job performance R. 402 relevance; R. 403 confusion. Plaintiff fired in 2011. At least 5 business days before the pre-trial conference, the parties must upload electronic copies all of the proposed exhibits using a box.com link the court will provide upon request. Requests for the link also can be made by emailing the Courtroom Deputy, Jackie Deanes, at [email protected]. Paper copies must not be delivered to chambers unless requested by the court. 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. Any exhibit in .pdf format should undergo Optical Character Recognition (OCR) and be text-searchable. 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 2 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. 8. the opposing party’s counter-designations 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 (including counter-designations conditioned on an objection being overruled) 5 business days in advance of the pretrial order’s due date. The parties should generate a joint document, using the template on the court’s webpage, that sets forth—by witness and page number—the designation by page and line number, objection, counter-designation if objection overruled, any counter- designations, and any objections to the counter-designations (again with a concise basis for the objection). As above, grounds to sustain or overrule an objection that are not included in the chart may be waived. To facilitate a ruling on the designations, the parties should submit completed deposition designation chart(s) for the appropriate witness(es) as described above, together with complete copies of the witness transcripts to the court in pdf searchable format (ideally, the relevant portions of the transcripts will be highlighted or marked in some way). Materials can be submitted by email to [email protected]. Paper copies must not be delivered to chambers unless requested by the court. 9. Damages Itemization. Plaintiff (and counter/cross-claimants, if any) shall itemize damages and other relief sought. 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.” Motions in limine must be filed on the docket by the due date set by the court. The court will set response dates. No replies may be filed without leave of court. A party must consolidate separate motions in limine into a single filing (meaning the same ECF entry). The parties must also consolidate their responses to motions in limine into a single response brief (meaning the same ECF entry). Separately filed motions or separately filed responses to each motion are not permitted. Motions in limine are limited to 15 motions per side absent leave of court. The filing may not exceed 25 pages. Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and the opposing party actually intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include. If the meet-and-confer process results in agreement over evidentiary issues, that agreement may be memorialized in a stipulation entered into at the final pretrial conference. 11. Voir Dire Questions. Judge Jenkins will always ask routine biographical questions (a typical list is available on her website). Any additional questions sought by the parties must be listed in the Proposed Pretrial Order, divided into (a) agreed-upon 3 questions and (b) proposed questions to which one party objects. A short basis for any objection should 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 jury instructions and the verdict forms. Using the template available on the court’s webpage, the parties should compile and set forth the complete text of all proposed instructions and identify: the proponent of the instruction, the Seventh Circuit Pattern Instruction if applicable, 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 the grounds for the objection, as well as any proposed modification or alternative. The same principles apply to proposed verdict forms. The proposed jury instructions and verdict forms must be filed on the docket and also submitted in Microsoft Word format by email to [email protected]. 13. Evidence Presentation System. Judge Jenkins’ courtroom has evidence presentation equipment allowing exhibits (including video and audio files) to be projected and displayed to witnesses, the court, counsel, and the jury. The jurors have individual screens. This equipment will be used as the default method of displaying exhibits to the jury. During deliberations, the default method by which the jury will view exhibits that have been admitted in evidence is an electronic evidence presentation system called the Jury Evidence Recording System (JERS). Instructions for JERS may be found at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_courtroomtech/JERS_Attorne y_Instructions.pdf . Trial counsel are expected to familiarize themselves with the JERS instructions and system before the final pretrial conference by contacting the court’s Systems Department at 312-435-5555. 14. Trial Briefs. Judge Jenkins does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of court to do so. 15. Signature. The Proposed Pretrial Order must be signed (electronically) by counsel for each party. ENTERED: _______________________ LINDSAY C. JENKINS United States District Judge Revised: February 2026 LIST OF DEADLINES The following table summarizes the deadlines in connection with trial: 4 Jury Instructions (Including Case Statement) and Verdict Forms: • Table with agreed and contested jury instructions due with pretrial order. • Parties’ proposed jury instructions disclosed to the opposing party in time to respond and combine responses in the court’s template. • Verdict forms due with pretrial order. Witness List: • Due with pretrial order, including arrangements for witnesses not to testify live and in person, if applicable. • Witnesses not disclosed may be excluded at trial. • Late requests to permit witnesses to testify other than in person are unlikely to be granted unless by agreement of the parties or when a serious, unforeseeable conflict arises. Exhibit List: • Due with pretrial order, including objections and responses. • Parties’ exhibits disclosed to the opposing party in time to respond and combine responses in the court’s template. • Objections not made may be deemed waived, except for foundation and authentication, and exhibits not included in the list may be excluded. • Exhibits submitted to the court using box.com link (please request from the CRD) five business days before the final pretrial conference. Deposition Designations: • Designations to opposing party 10 business days before pretrial order is due, and counter-designations five business days before. • Jointly compiled using the court’s template, due with pretrial order and submitted to the PO Box. • Objections and responses not made may be deemed waived. Other Materials: • Due with pretrial order as described above. 5