JURY TRIAL PROCEDURES IN BANKRUPTCY COURT

The following procedures may apply to jury trials conducted by the bankruptcy court in this district. (A) Designation of Bankruptcy Judges to Conduct Jury Trials. In bankruptcy cases filed on or after October 22, 1994, if the right to a jury trial applies in a proceeding that may be heard by a bankruptcy judge, the bankruptcy judges of this district are specially designated to exercise such jurisdiction, upon the express consent of all the parties, and upon compliance with all of the terms and conditions set forth in this Rule. (B) Trial by Jury.

Issues triable of right by jury will, if timely demanded, be by jury, unless the parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury. (C) Demand. (1) Time; Forum. Any party may demand a trial by jury of any issue triable by a jury by serving on the other parties a demand therefor in writing not later than 14 days after service of the last pleading directed to such issue.

The demand may be endorsed on a pleading of the party. When a jury trial is demanded, it must be designated by the clerk in the docket as a jury matter. (2) Specification of Issues. In the demand, a party may specify the issues to be so tried; otherwise, the demand will be deemed a demand for trial by jury of all the issues so triable.

If the demand for trial by jury is directed to some of the issues, any other party, within 14 days after the service of the demand, or such lesser time as the court may order, may serve a demand for trial by jury of other or all of the issues. (3) Determination by Court. On motion, or on its own initiative, the presiding judge may determine whether there is a right to trial by jury of the issues for which a jury trial is demanded or whether a demand for trial by jury will be granted. (D) Waiver and Withdrawal.

The failure of a party to serve a demand as required by this Rule and to file it as required by Federal Rule of Bankruptcy Procedure 5005, constitutes a waiver of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of all parties and the approval of the court. (E) Trial by the Court. Issues not demanded for trial by jury will be tried by the court.

(F) Applicability of Certain of the Federal Rules of Civil Procedure. Federal Rules of Civil Procedure 47 through 51 will apply when a jury trial is conducted pursuant to this Rule.

APPENDIX TO RULES 1.

2. Form of Pretrial Order - Civil Form of Pretrial Order - Prisoner FORM OF PRE-TRIAL ORDER: CIVIL NOTE TO LITIGANTS: DO NOT FILL IN BLANKS ON THESE SHEETS. USE AS A GUIDE IN DRAFTING, AS YOU WOULD A FORM BOOK.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS

Plaintiff vs. Defendant PRE-TRIAL ORDER CASE NO. This matter having come before the Court at a pre-trial conference held pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.1; and __________________ having appeared as counsel for the plaintiff(s), or the plaintiff having appeared pro se, and __________________ having appeared as counsel for the defendant(s), (The listing of parties must be complete and appearances must show the individuals who were actually present.) the following action was taken: I. NATURE OF ACTION AND JURISDICTION This is an action for _______________________ and the jurisdiction of the Court is invoked under_____________________. The jurisdiction of the Court is not disputed.

APPENDIX 1 - 1 II.

JOINT STATEMENT A. JURISDICTION B. UNCONTESTED ISSUES OF FACT C. CONTESTED ISSUES OF FACT D. CONTESTED ISSUES OF LAW E. JURY DEMAND III.

PLAINTIFF'S STATEMENT A. ITEMIZED STATEMENT OF DAMAGES IV.

WAIVER OF CLAIMS OR DEFENSES (OR JURY DEMAND) (If nothing is waived, leave this section out.) APPENDIX 1 - 2 V. EXHIBITS ATTACHED The following are attached as exhibits to this order and are made a part hereof: A. B. C. D. E. F. G. H. I. Stipulation of Uncontested facts and issues of law (signed by all parties). Plaintiff's Witness List (for each plaintiff). Defendant's Witness List (for each defendant). Plaintiff's Exhibit List (for each plaintiff).

Defendant's Exhibit List (for each defendant). Joint Exhibit List. Proposed Jury Instructions (Joint) (or Findings and Conclusions). Plaintiff's Proposed Instructions (only if objections by defendant).

Defendant's Proposed Instructions (only if objections by plaintiff).

APPENDIX 1 - 3 VI.

GENERAL ADDITIONAL

The following additional action was taken: [Recite amendments to pleadings, additional agreements of the parties on the qualifications of expert witnesses or any other subject, disposition of motions at the conference, etc., if necessary. If no such action was taken, leave this paragraph out of the Order.] IT IS UNDERSTOOD BY THE PARTIES THAT: The plaintiff(s) is (are) limited to _____ expert witnesses whose names and qualifications have been disclosed to the defendant(s). The defendant(s) is (are) limited to _____ expert witnesses whose names and qualifications have been disclosed to the plaintiff(s). [This paragraph does not refer to treating or examining physicians or other highly trained witnesses who have actual knowledge of the case. It should be left out if no expert witnesses have been listed.] Any Trial Briefs or Motions in limine must be filed as directed by the Court but in no event less than 14 days prior to trial. [Leave out if no trial briefs will be used.] A party may supplement a list of witnesses or exhibits only upon good cause shown in a motion filed and served upon the other parties prior to trial; except that, upon the development of testimony fairly shown to be unexpected, any party may, with leave of court, call such contrary witnesses or use such exhibits as may be necessary to counter the unexpected evidence, although not previously listed, and without prior notice of any other party.

It is mutually estimated that the length of trial will not exceed ____ full days. The case will be listed on the trial calendar to be tried when reached. Once a final version of this order has been approved by the Court, it may be modified at the trial of the action, or prior thereto, only to prevent manifest injustice. Such modification may be made either on motion of counsel for any party or on the Court's own motion. [The foregoing three paragraphs must be contained in every order.] APPENDIX 1 - 4 Any additional proposed jury instructions shall be submitted to the Court within five days before the commencement of the trial, but there is reserved to counsel for the respective parties the right to submit supplemental proposals for instructions during the course of the trial or at the conclusion of the evidence on matters that could not reasonably have been anticipated. [This paragraph should be left out in a non-jury case.] IT IS SO ORDERED.

JUDGE ______________________________ ENTERED: _____________________ APPROVED AS TO FORM AND SUBSTANCE: __________________________________ Attorney for the Plaintiff(s) __________________________________ Attorney for the Defendant(s) APPENDIX 1 - 5 EXHIBIT LIST FOR PLAINTIFF/DEFENDANT/JOINT (One for Each) Counsel reminded to review Local Rule 5.11 regarding redactions. Case Name: Case No: Page ____ of ____ No: Description Admit Without Objection Authentication Waived Objection WITNESS LIST FOR PLAINTIFF/DEFENDANT (One for Each) Counsel reminded to review Local Rule 5.11 regarding redactions. Case Name: Case No: Page ____ of ____ Witness Name Address (City and State Only) Expert Adverse FORM OF PRE-TRIAL ORDER: PRISONER NOTE TO LITIGANTS: DO NOT FILL IN BLANKS ON THESE SHEETS. USE THIS DOCUMENT AS A GUIDE IN DRAFTING YOUR PRETRIAL ORDER.

IF THE PLAINTIFF IS PROCEEDING PRO SE, THE DEFENDANTS ARE REMINDED THEY BEAR THE RESPONSIBILITY FOR PREPARING THE JOINT PRETRIAL ORDER PURSUANT TO LOCAL RULE16.3(I)(3). ___________________________________________________________________________________________ UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS Plaintiff Defendant CASE NO. vs. PRE-TRIAL ORDER This matter having come before the Court at a pre-trial conference held pursuant to Rule 16 of the Federal Rules of Civil Procedure and Local Rule 16.3; and ____________________ having appeared as counsel for the plaintiff(s), or the plaintiff having appeared pro se, and ____________________ having appeared as counsel for the defendant(s), (The listing of parties must be complete). the following action was taken: I. NATURE OF ACTION This is an action brought pursuant to 42 U.S.C.§ 1983 for violations of the (i.e. list specific constitutional amendments) and violations of (if any other claims). The jurisdiction of the Court is invoked under Section 28 U.S.C. § 1331 and 28 U.S.C. §1343. The jurisdiction of the Court is not disputed. The plaintiff alleges (brief statement of case).

APPENDIX 2 - 1 II.

JOINT STATEMENT A. JURISDICTION B. UNCONTESTED ISSUES OF FACT C. CONTESTED ISSUES OF FACT D. CONTESTED ISSUES OF LAW E. JURY DEMAND III.

PLAINTIFF'S STATEMENT A. ITEMIZED STATEMENT OF DAMAGES IV.

WAIVER OF CLAIMS OR DEFENSES (OR JURY DEMAND) (If nothing is waived, leave this section out.) APPENDIX 2 - 2 V. EXHIBITS ATTACHED The following are attached as exhibits to this order and are made a part hereof: A. B. C. D. E. F. Stipulation of Uncontested facts and issues of law (signed by all parties). Plaintiff's Witness List (for each plaintiff). Defendant's Witness List (for each defendant). Plaintiff's Exhibit List (for each plaintiff).

Defendant's Exhibit List (for each defendant). Joint Exhibit List. *G. Proposed Jury Instructions (Joint) (or Findings and Conclusions). *H. Plaintiff's Proposed Instructions (only if objections by defendant). *I. Defendant's Proposed Instructions (only if objections by plaintiff). * Unless otherwise ordered by the Presiding Judge.

APPENDIX 2 - 3 VI.

GENERAL ADDITIONAL

The following additional action was taken: 1. The testimony of the following inmate witnesses is necessary for trial. The Clerk is directed to issue a Video Writ for the following inmate witnesses to appear by video conferencing: Inmate Name Inmate No. Current Correctional Center The testimony of the following IDOC employees is necessary for trial. The defendants are 2. ordered to produce these witnesses for trial. a) b) The following IDOC employees will appear by video conferencing.

The Clerk is to directed to issue a Video Writ for their appearance during the trial: Name Title Current Correctional Center The defendants will produce the following IDOC employees to testify in person at trial: Name Title Current Correctional Center 3. The testimony of the following witnesses who are neither inmates nor employees is necessary for trial. The Clerk is directed to issue trial subpoenas for the following. The plaintiff must provide the witness fee and mileage fee to the witness. [Recite amendments to pleadings, additional agreements of the parties on the qualifications of expert witnesses or any other subject, disposition of motions at the conference, etc., if necessary.

If no such action was taken, leave this paragraph out of the Order.] APPENDIX 2 - 4 IT IS UNDERSTOOD BY THE PARTIES THAT: The plaintiff(s) is (are) limited to _____ expert witnesses whose names and qualifications have been disclosed to the defendant(s). The defendant(s) is (are) limited to _____ expert witnesses whose names and qualifications have been disclosed to the plaintiff(s). [This paragraph does not refer to treating or examining physicians or other highly trained witnesses who have actual knowledge of the case. It should be left out if no expert witnesses have been listed.] Any Trial Briefs or Motions in limine shall be submitted no later than fourteen (14) days prior to the commencement of the trial. [Leave out if no trial briefs will be used.] A party may supplement a list of witnesses or exhibits only upon good cause shown in a motion filed and served upon the other parties prior to trial; except that, upon the development of testimony fairly shown to be unexpected, any party may, with leave of court, call such contrary witnesses exhibits as may be necessary to counter the unexpected evidence, although not previously or use such listed, and without prior notice of any other party. It is mutually estimated that the length of trial will not exceed ____ full days.

The case will be listed on the trial calendar to be tried when reached. This pre-trial order may be modified at the trial of the action, or prior thereto, to prevent manifest injustice. [Such modification may be made either on motion of counsel for any party or on the Court's own motion.] [The foregoing three paragraphs must be contained in every order.] APPENDIX 2 - 5 Any additional proposed jury instructions shall be submitted to the Court within five days before the commencement of the trial, but there is reserved to the respective parties the right to submit supplemental proposals for instructions during the course of the trial or at the conclusion of the evidence on matters that could not reasonably have been anticipated. [This paragraph should be left out in a non-jury case.] IT IS SO ORDERED. ____________________________________ JUDGE ENTERED: _____________________ APPROVED AS TO FORM AND SUBSTANCE: __________________________________ Attorney for the Plaintiff(s) __________________________________ Attorney for the Defendant(s) APPENDIX 2 - 6 EXHIBIT LIST FOR PLAINTIFF/DEFENDANT/JOINT (One for Each) Parties reminded to review Local Rule 5.11 regarding redactions. Case Name: Case No: Page ____ of ____ No: Description Admit Without Objection Authentication Waived Objection WITNESS LIST FOR PLAINTIFF/DEFENDANT (One for Each) Parties reminded to review Local Rule 5.11 regarding redactions. Case Name: Case No: Page ____ of ____ Witness Name Address (City and State Only) Expert Adverse