Motions in Limine. The parties must meet and confer on all motions in limine prior to filing them. The parties should not file unopposed motions in limine; instead, the parties should describe any unopposed motions in limine in the Final Pretrial Order. All contested motions in limine should be separately numbered in one filing that shall not exceed fifteen pages (absent prior leave of the Court). Responses should have corresponding numbering as to each contested motion in limine (e.g. “Plaintiff’s Response to Defendant’s Motion in Limine No. 3”) and shall be in one filing that shall not exceed fifteen pages (absent prior leave of the Court).

Final Pretrial Order. Judge Daniel views the Final Pretrial Order as the roadmap for the trial. It summarizes what the case is about, identifies what is and isn’t at issue, and discloses the witnesses and exhibits the parties intend to present at trial. The Final Pretrial Order, jointly filed by the parties, shall include: (1) a statement of the case; (2) stipulations the parties have agreed to; (3) each party’s witness list; (4) each party’s exhibit list; (5) each party’s deposition designations, if any; (6) case-specific questions for voir dire; and (7) proposed jury instructions. Judge Daniel does not require parties to object to the other side’s exhibit list. Typically, one cannot rule on objections to an exhibit without sufficient context. However, where a particular exhibit or category of exhibits may warrant a pretrial ruling, parties should make that exhibit or category of exhibits the subject of a motion in limine.

Jury Instructions. The parties must meet and confer on jury instructions. Judge Daniel encourages the parties to start with the Seventh Circuit’s pattern jury instructions. The parties shall file proposed jury instructions with the Final Pretrial Order. For each proposed instruction that is not a pattern instruction, the parties must identify the legal authority supporting the instruction. The parties shall indicate whether each instruction is agreed or disputed. If disputed, each party shall concisely state the reasons for or against the instruction. Judge Daniel will rule on all disputed jury instructions at the final pretrial conference. After the final pretrial conference, Judge Daniel will circulate via email updated jury instructions that reflect any rulings made at the final pretrial conference. The parties shall review the updated jury instructions and, within one week, submit any proposed revisions. This is not an opportunity to reargue matters addressed at the final pretrial conference. Judge Daniel will hold a final jury instruction conference during trial as the close of evidence nears. The purpose of this final jury instruction conference is to conform the instructions to the evidence presented during trial.

Jury Selection. Judge Daniel will typically seat an eight-person jury in civil trials. The morning of jury selection, once the prospective jurors have gathered in the jury room and before they are brought to the courtroom, Judge Daniel will provide prospective jurors with a letter that explains the selection process and includes the questions he intends to ask prospective jurors during jury selection. An example of that letter is here. The parties shall meet and confer on any case-specific questions to be asked of prospective jurors, and shall include those questions in the Final Pretrial Order. During jury selection, Judge Daniel will fill the jury box with prospective jurors and question them. As explained in the letter, Judge Daniel will address certain questions at sidebar. Judge Daniel will allow limited follow-up questions from counsel at sidebar. Once all prospective jurors seated in the jury box have been questioned, Judge Daniel will hear and rule on challenges for cause concerning the prospective jurors seated in the jury box. Judge Daniel will then seat additional prospective jurors in the jury box for questioning. Once the number of prospective jurors after challenges for cause is greater than or equal to eight plus the total number of peremptory challenges allowed, the parties shall submit their peremptory challenges in writing. Each party will have three peremptory challenges, unless otherwise requested and approved prior to the start of jury selection. In the event parties exercise a peremptory challenge on the same prospective juror, the parties will not receive additional peremptory challenges. The first eight non-challenged prospective jurors will be seated. If jurors are excused during trial, the remaining jurors will be allowed to deliberate. Judge Daniel typically does not seat alternate jurors in civil cases.

Preliminary Jury Instructions. Judge Daniel will read preliminary instructions to the jury. These instructions cover various topics, including a statement of the case, foundational instructions, trial logistics, and a description of the trial day. An example of Judge Daniel’s preliminary instructions is here.