At least one week before a trial, the parties will be scheduled to appear for a pretrial conference. The Defendant(s) in a criminal trial must be present for the conference unless his presence is waived at a prior court proceeding.

I.  Final Pretrial Submissions

The following should be filed five business days before the conference, unless otherwise indicated:

1. Agreed Statement of the Case.

The Court will read this statement to the jury during voir dire.

2. Witness Lists.

Separate lists for each side, noting witnesses who will be called to testify and witnesses who may be called to testify

For each witness, provide a concise (2 or 3 sentences maximum) description of the witness’s role in the case.

During jury selection, the Court will read the names of witnesses on these lists as well as other names the jury will hear about during trial.

3. Exhibit Lists.

A list, by each side, of all exhibits the party will definitely use at trial (including demonstratives, summaries or other specially prepared exhibits), which includes the following:

a.         the exhibit number for each document;

b.         the date of the document;

c.         a brief description of the document and a concise statement of the exhibit’s relevance;

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    403—undue prejudice or confusion; Rule 802—hearsay); and

e.         a concise statement of the asserted basis of admissibility, if there is an objection.

At least one week before the pretrial conference, the parties must provide the court with one set of exhibit binders containing copies of the objected-to representative exhibits.  After the pretrial conference and rulings on exhibits, one binder of the final exhibits will be required to be given to the Court no later than the day before trial. The binder should also include a summary checklist page for the Court to track admission of exhibits during trial.

Note: 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.

4. 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.

Unless otherwise ordered, all motions in limine must be filed three weeks before the final pre-trial conference. Responses are due one week before the the final pre-trial conference. No replies should be filed.  Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses should also be submitted in one document.

5. Voir Dire

The parties must file a joint document that includes: (1) joint questions that will be printed out for jurors to write answers in the jury department room before they are called to the courtroom; (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.

6. Jury Instructions.

The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before the final pre-trial conference. 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 redline 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.

7. Evidence Projection Systems.

Judge Alonso’s courtroom (1903) 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.

II.  Additional Pretrial Information

1. Instructions for Trial Counsel: Please Read Carefully

Your compliance with the following requests will be greatly appreciated:

(i) 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.

(ii) Please speak into the microphone whenever speaking on the record in court. A portable microphone is available if counsel wishes to move away from the stationary microphones.

(iii) 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 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.

(iv) Counsel are not permitted to contact jurors after trial without permission of the Court.

Thank you in advance for your cooperation.

2. Final Pretrial Conference Topics

The following is a list of topics Judge Alonso will likely address during the final pre-trial conference. 

1.         jury selection process

2.         voir dire question order

3.         jury lists – random order

4.         statement of case

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) must be admitted before displayed on screen

7.         demonstratives and visual aids.

8.         trial day schedule

9.         no communication with jurors - attorneys and parties to use south elevators

10.       trial technology – make sure to test it outside the presence of the jury

11.       preliminary instructions before opening

12.       jury instruction conference will take place before closing arguments

13.       jurors will be allowed to take notes

14.       no questions by jurors 

15.       no speaking objections

16.       no talking to jury without the Court's leave