STANDING ORDER ON PREPARATION OF FINAL PRETRIAL ORDER
FOR CIVIL CASES BEFORE JUDGE SEEGER

    Unless otherwise ordered by the Court, the parties in every civil action that is scheduled for trial shall jointly prepare and submit a Final Pretrial Order.  This Standing Order sets the requirements for the Final Pretrial Order.

    Plaintiff’s counsel is responsible for preparing the initial draft of the Final Pretrial Order, but all counsel must participate in the process in good faith.  Counsel must cooperate with one another, and must respond to each other in a timely manner.  The Court requires each side to prepare their respective portions (e.g., each side will prepare its own exhibit list), and requires plaintiff’s counsel to put it all together and handle the filing.  Preparing the Final Pretrial Order is a big undertaking, and the process requires cooperation and full participation well in advance of the due date.  Counsel may notify the Court as necessary if the other side is not participating fully in the preparation process. 

    The parties must prepare the Final Pretrial Order as follows.  Plaintiff’s counsel must provide a draft to defendant’s counsel no later than twenty-one days before the due date.  Defendant’s counsel must respond in writing to plaintiff’s draft no later than fourteen days before the Final Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Final Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff). The parties must meet and confer no later than seven days before the due date to discuss their respective drafts and to reach agreement to the extent possible.  

    The Court expects the process to go smoothly.  Non-compliance with these requirements may subject a party and/or its counsel to sanctions.

    The Court encourages counsel to take care when preparing the Final Pretrial Order.  Make it user-friendly.

    After the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Final Pretrial Order for filing.  Counsel must submit the Final Pretrial Order to the Court with a cover document setting forth the case caption and the title FINAL PRETRIAL ORDER.  The cover document must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice.”  Counsel for each party must sign the document.

    Counsel must file the Final Pretrial Order electronically using CM/ECF.  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 Proposed_Order_Seeger@ilnd.uscourts.gov in Microsoft Word format.  

    The Final Pretrial Order must contain the following information:

    1.         Trial Attorneys.  The parties must provide a list of the attorneys trying the case, including business addresses, email addresses, and telephone numbers.  Also, they must provide a list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, and anyone else.

    2.         Jurisdiction.  The parties must provide a concise statement of the basis for federal subject matter jurisdiction.  In diversity cases or other cases requiring a jurisdictional amount in controversy, the Order shall contain either a stipulation that the required jurisdictional amount is met or a brief written statement citing evidence supporting the claim that such a sum reasonably could be awarded.  If jurisdiction is disputed, please state the nature of and basis for the dispute.

    3.         Type and length of trial.  The parties must state whether the trial will be a bench trial or a jury trial, and must provide a realistic estimate of the expected length of the trial, meaning the number of trial days (assume a six-hour day of trial testimony).  A typical trial day before Judge Seeger will begin between 9:30 and 10:00 a.m. and will end no later than 4:45 p.m., with a break of approximately 60 to 75 minutes for lunch.  Jury trials typically will begin on Mondays.  Jury selection will begin at 9:00 a.m. 

    4.         Claims for Trial.  The parties must identify all remaining claims (by count) and counterclaims.  Confirm which claims are pending against which defendants.  Provide a citation to the operative pleading (e.g., the second amended complaint), with the docket number.  See Second. Am. Cplt. (Dckt. No. 100).  Many complaints include lots of claims against several defendants, and it is common for some of the claims to fall by the wayside before trial.  The final pretrial order must make it easy to confirm what’s left for trial.  

    5.         Relief Sought.  The parties must provide an itemization of damages and other relief sought.  In personal injury and employment discrimination cases, it may be useful to consult Local Rule 16.1.2 and Local Rule 16.1.3, respectively, when itemizing damages estimates.

    6.         Case Statement.  The parties must provide a concise statement (one or two paragraphs) of the claim(s) of the plaintiff(s), defense(s) of the defendant(s), and all counterclaims or cross-claims.  In a jury trial, this statement will be read to the jury during voir dire.  The statement must be non-argumentative.  The goal is to provide the jury with a short, neutral overview of the case in plain English.  It will help bring the jury up to speed and alert them to any possible issues with sitting on the jury.  

    7.         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.  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 a joint document that includes:  (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.  Each side is limited to 12 proposed disputed questions, absent leave of Court before the final pretrial conference.

    8.         Witnesses.  The parties must provide separate lists (per side) of the names of all witnesses:  (a) who will be called; (b) who may be called; and (c) whose testimony will be presented by deposition designation or other prior testimony (indicate whether the presentation will be by reading the testimony, or by video).  In a jury trial, the names on the list will be read to the jury during voir dire.  Any witness not listed in the Final Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable) as may be necessary.  For each witness, provide a short description (two or three sentences, tops) of the witness and his or her role in the case.  For example:  “George Washington was in the carriage with Plaintiff Alexander Hamilton.  Washington heard the libelous comments made by Defendant Aaron Burr.”

a.         Objections.  Each party must provide a statement of any objections to the calling of any witnesses, including expert witnesses.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If the objection is the subject of a motion in limine, the Pretrial Order may simply refer to the motion (with the docket number) and need not repeat the grounds stated in the motion.

b.         Depositions.  For each witness whose deposition will be used at trial, provide a chart with the following information:  (a) a list, by page and line, of the testimony that each side seeks to present; (b) a concise statement of objections to any testimony and the basis for the objection; and (c) a concise statement of the asserted basis of admissibility.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If there are objections, a copy of the deposition (preferably in small-type format) must be provided with the Final Pretrial Order (in a separate docket entry).  The opposing party must include counter-designations (if any) in the Final Pretrial Order, too.  Before trial, the Court may require a joint chart the identifies all of the deposition designations and counter-designations, by witness, for clarity and ease of reference.  

c.         Experts.  The parties must provide stipulations or statements setting forth the qualifications of each expert witness in such form that the statement can be read to the jury at the time the expert witness takes the stand.  The parties must identify the subject matter of each expert’s testimony.  Only one expert will be permitted to testify on each subject for each party absent good cause.  Any motions about expert qualifications, methodologies, and related matters within Rule 702, Rule 703, and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and its progeny, must be filed at least sixty days before trial.

    9.         Exhibits.  The parties must provide an exhibit list that includes all exhibits that the parties may introduce into evidence at trial.  The exhibit list must include (1) the trial exhibit number; (2) the date of the document; (3) a brief description of each exhibit; (4) whether there is an objection, and if so, a concise statement of the basis of the objection (e.g., Rule 402 – relevance; Rule 403 – undue prejudice); and (5) a concise statement of the asserted basis of admissibility, if there is an objection.  

    The chart should be easy to read, using a format that is substantially similar to the following:

    Any exhibit that is not listed in the Final Pretrial Order will not come into evidence absent a showing of good cause.  Avoid cumulative documents.  Duplicate exhibits shall not be listed by different parties, but may be offered as joint exhibits (for example, in a breach-of-contract case, the contract presumably should be a joint exhibit).  The parties should agree upon joint exhibits as soon as possible, so that counsel will have time to prepare their respective exhibit lists.  All parties shall stipulate to the authenticity of exhibits whenever possible.  The parties must identify any exhibits where authenticity remains in dispute and the specific reasons for any party’s refusal to stipulate.

a.         Numbering.  The parties must use the exhibit-naming convention for the Jury Evidence Recording System (JERS).

b.         Exhibits with no objection.  Exhibits for which there is no objection will be received in evidence when they are used (before the close of the evidence), without any need for further foundation testimony.  However, in jury trials, exhibits are not in evidence unless they are actually used at trial before the close of the evidence, even if there is no objection to the exhibits.  So they’re admissible, but not admitted.  If no party uses the exhibit, the exhibit is not in evidence, even if no one objected to the exhibit.  During trial, for the clarity of the record, a party should nonetheless move for the admission of any non-objected-to exhibits before publishing them to the jury.  

c.         Objections.  Each party must provide a statement of any objection to each exhibit.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  Parties must make any objections in good faith.  The Court strongly discourages boilerplate and frivolous objections.  They waste time, and detract the focus away from legitimate objections.  Make objections that matter (only).  If there are objections, a copy of the proposed exhibit must be provided with the Final Pretrial Order (in a separate docket entry).

d.         Copies for counsel and the Court.  Counsel must deliver to the Court a bench book of joint exhibits and each party’s separate exhibits, and must make it available to all counsel no later than two business days before the start of trial.  If the collection is voluminous (meaning more than a few binders per side), contact the Courtroom Deputy before providing a copy, and estimate the volume.  If the exhibits are especially voluminous, the Court may not require a hard copy.

e.         Exhibits to be displayed to the jury.  If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit.  The use of exhibit books for jurors may be discussed at the Final Pretrial Conference.

f.          Demonstratives.  Parties do not need to disclose demonstratives in the Final Pretrial Order.  Counsel must disclose any demonstratives to be used during opening statements by 5:00 p.m. on the evening before trial.

    10.       Undisputed Facts and Evidentiary Stipulations.  The parties must include a statement of any uncontested facts and evidentiary stipulations.  For example, the parties must provide a statement of any uncontested facts that will be read to the jury.  The parties also must include a statement of any stipulation about the scope of the evidence (e.g., that a party will not mention Topic X).  The stipulation should summarize any agreements reached after a meet and confer about potential motions in limine. 

    11.       Proposed findings and conclusions.  For a bench trial, each party must submit with the Final Pretrial Order a hard copy and an electronic copy (in Word) containing its proposed findings of fact and conclusions of law.

    12.       Proposed voir dire questions.  For a jury trial, the parties must submit proposed voir dire questions.  Judge Seeger uses a written questionnaire as the basis for general questioning of prospective jurors in voir dire.  The parties should assume that those general questions will be asked and need not duplicate them in the Final Pretrial Order.  The parties must focus their attention on areas of questioning that are specific to their case.  If any party objects to voir dire questions proposed by another party, the basis for the objection should be noted in the Final Pretrial Order.

    13.       Proposed jury instructions, verdict forms, and special interrogatories.  For a jury trial, the Final Pretrial Order must include proposed jury instructions, verdict forms, and special interrogatories (if any).  The parties must attempt in good faith to reach agreement and narrow the issues.  The documents must appear in the Final Pretrial Order itself.  Counsel also must submit Word versions of each document to the Courtroom Deputy.  The Court envisions separate entries in the Final Pretrial Order, as follows:  (1) agreed instructions; (2) plaintiff’s proposed instructions; (3) defendant’s objections to plaintiff’s proposed instructions; (4) defendant’s proposed instructions; and (5) plaintiff’s objections to defendant’s proposed instructions.

a.         Agreed Instructions.  The parties must meet and confer and agree upon as many jury instructions, verdict forms, and special interrogatories (if any) as possible.  The meet and confer must take place well in advance of the submission of the Final Pretrial Order.  Agreed proposed instructions should be marked as such and numbered consecutively.

b.         Disputed Instructions.  For disputed instructions, the parties must number the instructions and identify the proponent of the instructions (e.g., Plaintiff’s Proposed Instruction No. 1, and so on).  The parties must provide supporting authority for every disputed instruction (typically by providing a footnote with citation to case law). 

c.         Objections to Disputed Instructions.  Parties must state objections in writing, and provide the basis for the objection with supporting authority.  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.  That way, the Court will be able to read each proposed disputed instruction, followed by the objection, one by one, in a single document (per side).  The parties must exchange Word files of their respective proposed instructions, so that the other party can insert pages and make objections as necessary. 

d.         Pattern Instructions.  In diversity and other cases where Illinois law provides the rule of decision, use of Illinois Pattern Instructions for all issues of substantive law.  In cases arising under federal law, use the Seventh Circuit pattern jury instructions when applicable.  A party who proposes a change to the Seventh Circuit pattern jury instructions must provide a redline, and thus call attention to the proposed change.  Use pattern jury instructions from another federal court when there is no Seventh Circuit pattern jury instruction.

e.         Supplemental Instructions.  The Court generally will not grant requests for supplemental instructions during the course of the trial or at the conclusion of the evidence, except for matters that cannot reasonably be anticipated when the parties proposed the initial set of instructions.  

f.          Final Instructions.  At the time of trial, the parties must jointly submit to the Court an unmarked original set of instructions, verdict forms, and any special interrogatories in hard copy, on 8½” x 11” sheets of paper.  They will go to the jury room when the jury begins its deliberations.  The parties must submit a Word version, too.

g.         Verdict Form and Special Interrogatories.  The Court expect counsel to meet and confer, and reach agreement on the verdict form and (when appropriate) any special interrogatories whenever possible.

    14.       Discovery.  The parties must include a statement that all discovery is complete, including the depositions of expert witnesses (unless the Court has previously ordered otherwise).  In the unlikely event that discovery is not complete, the parties shall state what discovery needs to be completed by each party.  Absent good cause, the Court will not permit any additional discovery.

    15.       Trial Briefs.  Parties may submit trial briefs of no more than 15 pages on the same day as the Final Pretrial Order.  But trial briefs are not required.  Trial briefs should be filed as their own docket entries.  

    16.       Motions in limine.  Unless otherwise scheduled by the Court, any motions in limine must be filed and served no later than the due date for the Final Pretrial Order.  Responses to motions in limine must be filed and served no later than seven days after the motions are filed. Any replies in support of motions in limine will be accepted only with leave of Court.  Motions in limine and responses should not be bound with the Final Pretrial Order.  That is, motions in limine should appear as a separate docket entry.

a.         Meet-and-confer on motions in limine.  The Court expects the parties to meet and confer in good faith on the motions in limine before filing.  Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party 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 that certain matters are admissible or inadmissible, that agreement must be memorialized in a stipulation to be provided to Judge Seeger with the Final Pretrial Order or at the Final Pretrial Conference.

b.         Combined Filings.  A party can combine separate motions in limine and responses in a single filing (meaning the same ECF entry).

c.         Page Limit.  Motions in limine are limited to 25 pages per side (not per motion) absent leave of Court, excluding exhibits.

    17.       Transcripts.  Any requests for daily or other expedited transcripts must be made directly to Judge Seeger’s Court Reporter, Amy Spee, at least seven days before trial.  Her email address is amy_spee@ilnd.uscourts.gov, and her phone number is (312) 818-6531.  The Court Reporter may require a deposit based on an estimated length of the transcript, but the final cost may vary from the estimate.  The Court expects and requires prompt payment for any transcripts.

    18.       Evidence projection systems.  The Court has a limited number of evidence projection systems which may or may not be available.  Parties who would like access to evidence projection systems must make a request as early as possible to Judge Seeger’s Courtroom Deputy, Jessica Ramos.  Her email address is jessica_j_ramos@ilnd.uscourts.gov, and her phone number is (312) 818-6594.  The Court may permit the parties to use their own evidence projection systems, upon reasonable terms, if a request is made in advance of trial.

    19.       Final Pretrial Conference.  A Final Pretrial Conference will be held approximately two to four weeks before trial.  The purpose of this conference will be to avoid surprises and to simplify the trial.  At the conference, Judge Seeger may address any motions in limine that remain pending, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters.  Lead trial counsel must attend, and must be fully prepared and must have authority to discuss all aspects of the case.

    20.       Settlement.  The parties must meet and confer in good faith about settlement before filing the final pretrial order.  The parties must certify that they have discussed settlement in good faith and have attempted to achieve an amicable resolution.