U.S. Magistrate Judge Gabriel A. Fuentes - Biography; Standing Order for Criminal Trials; Standing Order for Civil Cases Before Magistrate Judge Fuentes; Standing Order for Pretrial Procedures in Consent Cases; Judge Fuentes' Standing Order for Settlement Conference

=== Standing Order for Criminal Trials ===

Standing Order for Criminal Trials Before Magistrate Judge Fuentes This Standing Order applies to all criminal pretrial and trial procedures.1 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 as described below, subject to variation by agreement and with the Court’s assent. 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 Fuentes’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 Fuentes also ordinarily reads the third paragraph of Pattern Instruction 1.02: “The information (or indictment) is simply the formal way of telling the defendant what crimes the defendant 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). Provide 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. Government rebuttal closing arguments shall be no longer than 20 percent of the length of the opening closing. 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 five business days before the due date of the Joint Pretrial Statement and shall confer by two 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 five business days before the pretrial conference, the parties must serve on each other proposed stipulations. No later than two 1 This Standing Order is based heavily on U.S. District Judge Edmond M. Chang’s Standing Order Governing Criminal Pretrial & Trial Procedures, available at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/chang/Website_CRIMINAL_Pretrial_ and_Trial_Procedures.pdf., with some modifications. 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 Fuentes’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. No. Date 1 2/14/23 Description 2023 Valentine’s Day Card Relevance Proves romantic relationship between sender and recipient Objection FRE 402 relevance; FRE 403 confusion, unfair prejudice. Defendant sends these cards to 20 platonic friends every year. 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 five 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 to this Standing Order.2 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 experience indicates that some issues raised in these motions will need to be decided during trial, based on the evidence already admitted and the context of an offer into evidence and any objection. But to the extent that an issue can or should be decided in advance of trial, the Court’s goal is to be in a position to decide as many of 2 Ideally, any exhibit in /pdf format will have undergone Optical Character Recognition (OCR) and be text-searchable. those issues as possible 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. The Court expects that some motions in limine will be agreed (e.g., no reference to punishment before the jury). 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. In general, the Court expects the parties to exercise judgment in raising significant evidentiary issues through motions in limine, to avoid unfair surprise. If a party does not raise an issue in a motion in limine and then objects to its admission after opposing counsel has referred to the issue in opening statement, the objection or oral motion to exclude must be raised at sidebar, and the Court will entertain a response contending that the objection was waived or forfeited. 5. Jury Instructions / Verdict Forms. The parties must confer 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, see The William J. Bauer Pattern Criminal Jury Instructions of the Seventh Circuit (Thomson Reuters 2020) (“Seventh Circuit Pattern Instructions”), but of course the parties may propose modifications to those instructions 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 Fuentes’s Proposed Order email account in MS Word format (a deadline will be set in each case). Further, counsel are kindly requested to review the preliminary Seventh Circuit pattern instruction on juror conduct (see The William J. Bauer Pattern Criminal Jury Instructions of the Seventh Circuit (2023) at 17-18) and to consider whether any further instruction is needed concerning jurors’ use of electronic devices during the trial. The Court generally considers these devices to be significant distractions, but they have become a part of everyday life, and many people require them to allow contact in the event of some personal emergency. The Court will not bar these devices from the trial, but the Court may entertain a suggested further non-pattern instruction. See The Judicial Conference Committee on Court Administration and Management, “Proposed Model Jury Instructions, The Use of Electronic Technology to Learn or Communicate about a Case” (June at 2020), https://www.uscourts.gov/sites/default/files/proposed_model_jury_instructions.pdf. available 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, in panels of four. The Court will ask the background questions of all jurors in the panel. 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 sidebar (though the Court will ask the questions). After that last round of questioning, counsel will exercise for-cause challenges. Double-strikes count against both sides, and no back-striking (exercising a peremptory strike against a juror against whom no strike was exercised during the voir dire of that juror’s panel of four) is permitted. Non-struck jurors will then be seated on the jury, and the Court will move to the next panel of four venire members, further in the order indicated on the random- order jury list. The first 12 non-struck jurors emerging from this process will comprise the jury.3 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, parties once again are to use the JERS exhibit format and naming convention. As stated in the JERS instructions, five business days before trial, each party shall supply the exhibits in digital format in a three-ring binder (or on a USB drive, DVD, or CD if the exhibits are voluminous). The Court disfavors double-sided copies. 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. The Court’s current, regular courtroom, Room 1342, does not contain a sufficiently sized jury box for a criminal trial, so another courtroom will be selected for the trial and identified for counsel in advance. Counsel should direct their pretrial preparation and equipment rehearsals toward the courtroom selected for the trial. Most of the building’s trial courtrooms’ 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. To publish an admitted exhibit to the jury, make a request to publish the exhibit to the jury. The Court will ask whether there is an objection, and then if publication is allowed, the court staff will turn on the jury’s video monitors so the exhibit may be displayed to them. The Court will then turn off the jury’s video monitors when counsel has stated that publication of the exhibit is completed. 9. Witness Examinations / Jury Addresses. To respect the jury’s time, always have enough witnesses available so that we make use of the full trial day. The preferred location for counsel during witness examinations will be the podium, with counsel being free to move between the podium, the end of counsel’s own table, and the end of the jury box. Counsel must speak loudly enough for the witness, judge, jury and court reporter to easily hear. Jury addresses must take place at the podium as well, though some freedom of movement is allowed: Even if you speak loudly for us to hear you, again the audio-recording system relies on the microphones to amplify what you say. The Court naturally expects that any counsel seated nearest to the jury will make diligent efforts not to send any nonverbal cues or communications to jurors. The Court also will not allow any movement of the podium or any other courtroom furniture without advance permission. 3 See Fed. R. Crim. P. 23(b) (“A jury consists of 12 persons unless this rule provides otherwise;” though the parties may, with the Court’s approval, stipulate in writing that the jury “may consist of fewer than 12 persons.”) 10. Objections. When you object, stand so that the Court and the witness are on alert that an objection will be made. 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 sidebar if objections and responses are succinct. 11. Juror Questions. The parties will be heard at the pretrial conference about whether they have any position as to jurors being allowed to ask questions. The Court is inclined to allow juror questions after a witness examination, but only upon submission of the question(s), by the jury foreperson to the court security officer, in writing at the conclusion of a witness’s examination and cross-examination. At sidebar, the Court will examine the questions and share them with counsel, so that any objections may be made outside the presence of the jury. If the objection is sustained, or if the Court finds the question to be improper or objectionable, the question will not be asked, and the jury will be told that the Court determined that the question should not be asked. 12. Interim Statements. Some courts have allowed counsel to make “interim statements” to the jury during the trial, i.e., after opening statement and before closing argument. The Court’s preference is to disallow interim statements. If the parties wish to make such statements, they should so propose at the pretrial conference. ENTER: DATED: October 14, 2025 ____________________________________ U.S. Magistrate Judge Gabriel A. Fuentes

=== Standing Order for Pretrial Procedures in Consent Cases ===

MAGISTRATE JUDGE GABRIEL A. FUENTES 219 South Dearborn Street Chicago, Illinois 60604 Courtroom: 1342 Chambers: 1334 Telephone: (312) 435-7570 Fax: (312) 777-3850 STANDING ORDER FOR CIVIL PRETRIAL PROCEDURES IN CONSENT CASES As of March 3, 2026, U.S. Magistrate Judge Gabriel A. Fuentes revised his pretrial procedures for civil matters before the magistrate judge on consent. All trial counsel kindly are requested to review carefully the below procedures, which are borrowed heavily from the civil pretrial procedure of U.S. District Judge Thomas M. Durkin. I. General Pretrial Scheduling Issues In all civil jury trials before Judge Fuentes, the parties shall jointly prepare a final pretrial order. The Court may vary the following schedule in individual cases, but generally, the final pretrial order will be due two weeks before trial and one week before the final pretrial conference, which will generally be scheduled about one week before trial. The Court does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of the Court to do so. The parties may also file motions in limine in accordance with the guidelines set forth below. The purpose of the final pretrial conference is to avoid surprises and to simplify the trial. Lead trial counsel must attend the conference and should be fully prepared and with authority to discuss all aspects of the case, including all previous efforts to settle the case and whether further discussions are possible. Counsel should discuss with the Court whether their clients should attend the final pretrial conference. The judge’s courtroom (1342) is equipped with a digital evidence projection system. The Court expects trial counsel to use this system. As early as possible prior to trial (not less than four weeks), counsel should contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a training session. Mr. Zeier can be reached at (312) 435-6045. The following is the presumptive pretrial schedule. The parties should inform the Court if they require a different schedule. Again, the Court may vary the schedule in individual cases. Event Daubert Motions Responses to Daubert motions Plaintiff’s proposed jury instructions Defense objections to jury instructions and proposed additional instructions Pretrial instruction conference re disputed instructions (counsel only) (for inclusion in pretrial order) Motions in Limine Responses to Motions in Limine Final Pretrial Order (including agreed and contested jury instructions) Final Pretrial Conference Final Pretrial Conference follow-up (if necessary) Date 8 weeks prior to trial date 6 weeks prior to trial date 8 weeks prior to trial date 6 weeks prior to trial date 4 weeks prior to trial date 3 weeks prior to trial date 2 weeks prior to trial date 2 weeks prior to trial date 1 week prior to trial date As the Court may schedule II. Motions in Limine The parties are directed to meet and confer on all motions in limine before filing them and determine which motions, if any, are unopposed and do not need to be filed. Unopposed motions in limine should be briefly described in the final pretrial order. Unless otherwise ordered, all motions in limine must be filed in accordance with the schedule set out above. No replies should be filed unless ordered by the Court. Parties filing multiple motions in limine should file their initial motions and the supporting exhibits as one document for the Court. Responses to motions in limine should also be filed in one document. Absent prior leave of Court, motions in limine (not including exhibits) are limited to a total of 15 pages per party (not per motion), and responses (not including exhibits) are likewise limited to a total of 15 pages per party. to resolve particular evidentiary issues prior Parties should keep in mind that motions in limine are meant to provide a mechanism for the court and parties trial. A proper motion in limine “performs a gatekeeping function and permits the trial judge to eliminate from further consideration evidentiary submissions that clearly ought not be presented to the jury because they clearly would be inadmissible for any purpose.” Jonasson v. Lutheran Child and Fam. Servs., 115 F.3d 436, 440 (7th Cir. 1997). They are particularly useful in streamlining a trial so that extensive argument becomes unnecessary after a jury has been empaneled. See id. (“The prudent use of the in limine motion sharpens the focus of later trial proceedings and permits the parties to focus their preparation on those matters that will be considered by the jury.”). They also provide economies to the parties such that certain witnesses will not be called to testify. Every party is to 2 advantaged by knowing what evidence is likely admissible before trial begins so that proper jury presentation can be made. Finally, an accurate assessment of the admissible evidence may cause parties to reconsider settlement negotiation positions. However, motions in limine should not be so granular that no rational ruling can be made outside of the context of the trial itself. See Jonasson, 115 F.3d at 440 (“Some evidentiary submissions … cannot be evaluated accurately or sufficiently by the trial judge in [a pretrial] environment.”). “In these instances, it is necessary to defer ruling until during trial, when the trial judge can better estimate its impact on the jury.” Id.; see also Fletcher v. Conway, No. 89 C 5183, 1991 WL 24460, at *1 (N.D. Ill. Feb. 21, 1991) (“Careful exercise of [the court’s discretion in determining the admissibility of evidence] is usually best left to trial, when the court is in a position to evaluate the proffered evidence within context.”). To the extent potentially improper prejudicial testimony may be elicited, the attorneys as officers of the court are obligated to bring up these issues outside the presence of the jury either at sidebar or during breaks. Moreover, the fact that a motion in limine was not filed as to a particular piece of evidence does not operate as a waiver. Counsel is always free to object to evidence at trial for all of the grounds permissible under the Federal Rules of Evidence. See Moore v. General Motors Corp., 684 F. Supp. 220, 220 (S.D. Ind. 1988) (Tinder, J.) (“A ruling on a motion in limine is not a final ruling on the admissibility of the evidence which is the subject of the motion. An order on a motion in limine has been characterized as an advisory opinion subject to change as events at trial unfold.”). Like any other evidentiary ruling, the Court’s rulings on motions in limine are based on the facts and theories of the case as the Court understands them at the time the Court makes its ruling. These rulings do not preclude any party from renewing a request for either admission or exclusion of evidence if the facts as developed at trial make reconsideration appropriate. III. Content of the Final Pretrial Order (1) Trial Attorneys: A list of the attorneys trying the case, including business addresses and telephone numbers. A list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, etc., should also be provided. (2) Case Statement: A concise agreed statement of the case (no more than one or two short paragraphs), including: (a) the nature of the case; (b) the claims, counterclaims and cross-claims; and (c) the defenses raised to those claims. The Court will read this statement to the venire during voir dire, merely to inform the venire as to the general nature of the case. It will also be part of the cover letter the court provides to the venire with the juror questionnaire. (3) Trial Length and Number of Jurors: The estimated number of trial days, including jury selection, and the number of jurors the parties recommend be selected (subject to Rule 48(a . Typically, each side will be allowed three peremptory challenges. The Court presumptively seats an eight-person jury, with all eight jurors deliberating, for trials of five days or less, or when otherwise appropriate. 3 (4) Voir Dire Questions: To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire (of no more than two pages) as it encourages reflection and candor. Sample questions are provided below jury selection procedures. To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file them within the pretrial order, and including: (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection. in the section below addressing (5) Witness Lists: Separate lists for plaintiff and defendant providing the names of witnesses, including expert witnesses, divided into the following three categories: (a) witnesses who will be called to testify at trial; (b) witnesses who may be called to testify at trial; and (c) witnesses whose testimony a party will present by deposition or other prior testimony (indicating whether the presentation will be by reading a transcript or playing a video). Deposition designations, whether disputed or undisputed, should not be submitted with the final pretrial memorandum. The parties should be prepared to discuss a schedule for such submissions at the final pretrial conference. For each witness, provide a very concise (two or three sentences maximum) description of the witness and the witness’s role in the case. For example: “Nathan Hale is Plaintiff’s cousin. Hale witnessed the slip and fall at Defendant’s hardware store.” Or: “Betsy Ross is Defendant’s chief operating officer. Ross made promises concerning the timing of payments under the contract at issue in the case.” The Court will read the names of witnesses on the lists during jury selection. (6) Exhibit Lists: A list by each side of all exhibits the party will definitely use at trial, including the following: (a) the exhibit number or letter for each document; (b) the date of the document; (c) a brief description of the document; (d) whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection (e.g., Rule 402—relevance; Rule 403—undue prejudice or confusion); and (e) a concise statement of the asserted basis of admissibility, if there is an objection. In addition, demonstrative exhibits should be identified, even though they will not be admitted into evidence. There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce. Exhibits not likely to be used need not be listed. If, due to unforeseen circumstances during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed. Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery. As part of the final pretrial order, the parties must provide the Court with two copies of an exhibit binder containing all exhibits on the respective parties’ lists. (This practice may very depending 4 on the volume of the exhibits in any given case. The Court wants to avoid the needless copying of hundreds or thousands of documents in multiple boxes where electronic media may suffice.) If the representative exhibits from both sides require more than a single binder, the parties must contact the courtroom deputy, Jannette Nunez, to explain that additional binders are required. (7) Jury Instructions: The parties are instructed to meet and attempt to agree on jury instructions on a schedule set by the Court, and to include their proposed agreed and contested instructions in the final pretrial order. The parties should avoid the filing of identical instructions, which may be labeled as agreed instructions. The Court uses the 7th Circuit Pattern Jury Instructions where applicable, bearing in mind that statutory and binding case law govern over the pattern instructions. If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a comparison document to the Court showing the modification to the pattern instruction. The parties should concentrate their efforts on the substantive jury instructions related to the merits. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed. Once the instructions are finalized, one of the parties should prepare a table of contents. The Court will read the final instructions prior to closing arguments. Jury instructions may be used and electronically projected during closing arguments. (8) Stipulations All stipulations agreed upon by the parties, be they testimonial or non-testimonial. (9) Damages Itemization. Plaintiff shall include in the pretrial order an itemization of the claimed damages sought to be requested from the jury. IV. Additional Information (1) Jury Selection: On the morning of jury selection, prior to entering the courtroom, the venire will be given a written questionnaire with questions proposed by the parties and approved by the Court. Sample questionnaires are available on the Court’s website. These are examples only, and will require revision for each particular case. The parties will be given copies of the jurors' written answers. The parties will also be given a copy of the list of potential jurors that is generated by the Clerk's Office. The entire venire will then enter the courtroom and be sworn. The Court will then qualify the entire venire by questioning each prospective venire member about their answers to the questionnaire. 5 The Court will then ask the venire members the questions the parties and the Court determined at the final pretrial conference should be asked orally. Jurors will be given the opportunity to answer sensitive questions at sidebar if they wish. The parties will then be given the opportunity to question the prospective jurors. The Court will then go to sidebar to hear challenges for cause, and the Court will rule on those challenges. Once the cause challenges are ruled upon, the entire venire will be considered qualified, and the parties may then exercise their peremptory strikes by writing the juror names (up to three per party unless otherwise ordered by the Court) on a slip of paper provided confidentially and simultaneously to the courtroom deputy. The first eight non- challenged jurors will be seated and sworn as the petit jury. If jurors are excused during the trial, the remaining jurors (never less than 6) will be allowed to deliberate. There are no alternate jurors. All jurors seated in civil trials will be allowed to deliberate. If the parties challenge the same juror, both sides will be charged for that challenge. (2) Instructions for Trial Counsel: Please Read Carefully Your compliance with the following requests will be greatly appreciated: (i) (ii) (iii) (iv) (v) (vi) (vii) Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters in other courtrooms, arrange in advance to have them continued or have a colleague handle them for you. Court time may not be used for marking exhibits. This must be done in advance of the court session. Please stand whenever you address the court. This includes the making of objections. (Counsel with physical disabilities will be excused from this requirement.) During arguments or objections made to the Court, address the Court, not opposing counsel. Please speak into the microphone whenever speaking on the record in court. A portable microphone is available is counsel wishes to move away from the stationary microphones. In your opening statement to the jury, do not argue the case. Confine yourself to a concise summary of the important facts you expect the evidence to show. Please stand when you question witnesses. (Counsel with physical disabilities will be excused from this requirement.) If on direct examination you intend to question a witness about a group of documents, avoid delay by having all the documents given to the witness when you start the examination, although you must identify each exhibit for the record as the witness reviews the exhibits. (viii) When you object in the presence of the jury, make your objection short and to the point. Do not argue the objection in the presence of the jury, and do not argue with the ruling 6 of the court in the presence of the jury. Such matters may be raised at the first recess and will not be waived by waiting until the recess. (ix) Do not ask the Court in the presence of the jury to declare that a witness is qualified as an expert or qualified to express an expert opinion. (x) It is not necessary to request leave of Court to approach a witness to show the witness an exhibit. No exhibit may be published to the jury unless and until it has been admitted, with the exception of opening statements, when counsel may show an exhibit to the jury only with advance notice to, and agreement of, opposing counsel, based on the exhibit’s presumptive admissibility. Once counsel has agreed that an exhibit may be shown to jurors by opposing counsel during opening statement, an objection to that exhibit’s admissibility during the trial is presumptively overruled, absent extraordinary circumstances. No sandbagging is permitted. (xi) Do not ask for a recess before cross-examination. If the direct examination should end at about the time the court would recess anyway, e.g., lunchtime, a recess will be taken. Otherwise, be prepared to commence cross-examination immediately upon conclusion of the direct. Once a witness has been tendered for cross-examination, do not discuss with that witness the substance of the witness’s testimony, including during any break or recess. (xii) Be aware of the jury’s powers of observation. Refrain from excessive chatter or passing of notes to co-counsel in the jury’s presence. And with the jury in the room, counsel should maintain a “poker face” at counsel table – no eye-rolling or facial expressions that communicate nonverbal messages to jurors, intentionally or unintentionally. (xiii) Counsel are not permitted to contact jurors after trial without permission of the Court. (3) Opening Statement and Closing Argument With the parties having conferred in advance about the use of exhibits during opening statement, the Court expects few objections, which generally are disfavored, particularly if the Court perceives that they are meritless or intended merely to disrupt opposing counsel’s flow or rhythm. An objection that the opening statement is argumentative, that it is about to reveal (or has revealed) evidentiary matter already excluded from the trial, or that it contains inappropriate or unfairly prejudicial language (“like a dog, the defendant ran with the pack, and he shared in the kill” – a once-popular characterization in Cook County Criminal Court, for example) are the only categories of presumptively permissible objections. Closing arguments may of course be argumentative, but otherwise, the above guidelines for opening statements also apply. Counsel must not invite the jurors to place themselves in the shoes of the parties or witnesses. Do not argue that a point was proved, or that a particular witness should be believed by the jury, based on counsel’s personal opinion or belief is that it is so. Phrases such as “I think” or “I believe” are to be avoided. The jury is instructed that it is to judge the credibility of the witnesses, so counsel are not permitted to “vouch” for a witness’s credibility. Further, closing arguments should not be interrupted by objections that the argument “misstates the evidence.” The jury will be well capable of recalling what “the evidence was” and will be instructed that opening statements and closing 7 arguments are not evidence. Finally, the Court will elicit from the parties, before closing argument, their estimates as to the length of their respective closings, including any rebuttal closing. The rebuttal closing may never exceed 25 percent of the length of the opening closing – counsel are not permitted to sandbag opponents by arguing the elements only, sitting down, hearing the response closing and then arguing the facts for the first time on rebuttal and at length. V. Final Pretrial Conference Topics The following is a list of topics Judge Fuentes will address during the final pretrial conference. Counsel need only be prepared to discuss the topics that are also referenced in the final pretrial order. The remaining topics in the list below reference particular practices Judge Fuentes will explain during the final pre-trial conference. 1. voir dire 2. written juror questionnaire 3. jury lists - alphabetical and random agreed 4. statement of case – short enough to fit on letter to jurors 5. motions in limine – agreed matters and preparation of order on rulings 6. exhibits: (i) pre-mark all; (ii) stipulate to as many as possible; (iii) seek admission outside jury’s presence; (iv) must be admitted before displayed on screen 7. demonstratives and timelines 8. schedule for submission of disputed deposition designations 9. trial day 10. elevators 11. sidebars 12. trial technology – make sure to test it outside the presence of the jury 13. preliminary instructions and issue instructions before opening 14. instructions before closing (can project on screen) 15. interim statements 16. note pads 17. jury binders 18. jury questions 19. moving around courtroom 20. can always approach witness without permission 21. no speaking objections 22. talking to jury after verdict VI. A Note on Civility and Personal Pride The American jury trial is a special experience. It’s a unique experience, available virtually nowhere else on Earth. Make the most of the trial opportunity by not allowing it to become a personal battle, and by keeping it a fair and rigorous competition that will bring out the best in you and your adversary. “It’s a time for achievement. A time for purpose. A time for glory.” See John 8 Facenda & Sam Spence, “The Power and the Glory: Music & Voices of NFL Films” (Tommy Boy Records 1998). ENTER: _________________________________ GABRIEL A. FUENTES United States Magistrate Judge Dated: March 3, 2026 9