Local Rule RULE 16.1: PRETRIAL PROCEDURES
C.D. Ill. — Civil rule
RULE 16.1 PRETRIAL PROCEDURES
(A) Special Pretrial Conference.
A special pretrial conference may be held at any time by the presiding judge on notice issued to the parties whenever it appears that such may aid in disposition or preparation for trial. The special pretrial conference will be by telephone conference unless otherwise directed by the presiding judge.
(B) Settlement Conference.
The presiding judge may order the parties to submit to settlement conferences at any time if it appears that a case may be resolved by settlement. The settlement conference will be by personal appearance unless otherwise directed by the presiding judge. In addition to the attorney responsible for the actual trial of the case, someone with final settlement authority must attend the settlement conference, either in person or by telephone. The settlement conference in a matter to be tried to the court must be conducted by a judge who will not preside at the trial of the case.
(C) Cases Reported Settled.
Whenever a party reports to the court that a civil action is settled, the presiding judge will enter an order dismissing the case without prejudice as settled, with leave to reopen within 35 days if the settlement is not finalized. The time to reopen may be extended by order of the presiding judge upon a showing of good cause.
(D) Cases With Intervening Bankruptcy.
(1) Whenever the presiding judge is advised that a bankruptcy under U.S.C. Title 11, or any other similar court-ordered reorganization of liquidation which stays ongoing debt collection proceedings, affects any party to any case filed in the district court of this district, the presiding judge will enter an order directing the parties to file within the clerk of this court a copy of the stay order. Until such order is filed, the presiding judge will keep the case on its active docket.
(2) After the stay order is filed, the presiding judge will enter an order directing the parties to show cause why the district court case should not be dismissed because of the pending bankruptcy, reorganization, or liquidation proceeding. The order to show cause will be returnable to a district judge at a date certain no less than 180 days from the date the stay order was filed with the clerk of this court. The time may be extended for good cause shown.
(3) It is the responsibility of the parties to the district court case to take whatever action is necessary to protect their interests in the bankruptcy, reorganization or liquidation proceedings. It is the further responsibility of the parties to lift the stay order or otherwise obtain relief from the bankruptcy, reorganization or liquidation proceeding and file with the district court a copy of the order allowing the district court case to proceed in order to prosecute the district court case. If such action is not taken the district court case will be dismissed.
(E) Final Pretrial Conference.
(1) A final pretrial conference will be scheduled by the presiding judge as soon as feasible after the date set for completion of discovery. Uncompleted discovery will not delay the final pretrial conference.
(2) Counsel for the parties or the parties, if not represented by counsel, must confer prior to the date set for final pretrial conference. They will explore the prospects of settlement and be prepared to report to the presiding judge at the final pretrial conference whether settlement is possible.
(3) The final pretrial conference will be by personal appearance unless otherwise directed by the presiding judge. Counsel who will actually try the case or parties not represented by counsel must appear at the final pretrial conference. Counsel and the parties must be authorized and prepared to enter such stipulations and agreements as may be appropriate.
(4) Prior to the date set for final pretrial conference, the parties must confer and prepare a proposed final pretrial order for presentation to the court at the conference unless otherwise ordered by the court. The form and content of the order are prescribed below and in Appendix 1.
(5) At the final pretrial conference, the presiding judge and counsel will consider the following:
(a) Simplification of the issues for trial;
(b) Any problems of evidence;
(c) Possible limitations of the number of expert witnesses;
(d) The desirability and timing of trial briefs;
(e) The prospects of settlement;
(f) Such other matters that may aid in the fair and expeditious trial and disposition of the action; and
(g) The possibility of trying the case on short notice. If the parties agree, the case will be put on a short notice calendar and may be called for trial on less than one-week notice.
(6) In cases to be tried to a jury, the parties must submit an agreed set of jury instructions. Instructions upon which the parties are unable to agree must be submitted separately by the parties, unless excused by the presiding judge. Each instruction must be appropriately numbered and on a separate sheet of 8 1/2 by 11 size paper; must cover no more than one subject; must identify the source and authority upon which it is based; and must have the name of the party who submitted it noted at the bottom of the page.
(7) In bench trials, the parties must submit an agreed set of findings of fact and conclusions of law. Findings and conclusions upon which the parties are unable to agree must be submitted separately by the parties, unless excused by the presiding judge.
(8) Unless otherwise directed by the presiding judge, the parties must submit any trial briefs and motions in limine on or before 14 days prior to the scheduled start of trial. Untimely motions will not be considered unless good cause for delay can be shown to exist.
(F) Final Pretrial Order.
Counsel for the plaintiff must prepare the order unless otherwise ordered by the presiding judge, and must submit it to opposing counsel at least 7 days prior to the date set for final pretrial conference. The pretrial order must contain the following:
(1) A brief statement of the nature of the case including the facts showing the basis for jurisdiction even if jurisdiction is not contested;
(2) A signed stipulation of uncontested material facts;
(3) A joint statement of uncontested issues of law;
(4) A joint statement of all contested material facts and issues of law;
(5) Stipulations regarding the use of depositions and the presentation of expert testimony;
(6) A list of all witnesses each party intends to call at trial. Failure to include a witness in the list may result in the witness being barred from offering testimony at trial;
(7) A list of exhibits each party intends to offer or use at trial. The court will assume that authentication proof for any listed exhibit is waived unless a specific objection to lack of authenticity is raised in the pretrial order. All other objections to exhibits must be specifically noted. Exhibits must be identified by number only and conform to the listing contained in the pretrial order;
(8) A list of all demonstrative aids intended for use in the trial. All foundation questions concerning those aids will be considered waived by the court unless specific objection is stated in the pretrial order.
(9) At the close of the pretrial conference, the parties and the presiding judge will sign the pretrial order. If changes or amendments to the order are required, the parties will complete the changes before they leave the courthouse, or the conference may be recessed to be continued in person within 14 days. The signed pretrial order takes the place of all prior pleadings. Any issue not contained in the final pretrial order will not be tried.
(10) A sample form of pretrial order is contained in Local Rules Appendix 1. The parties are admonished to conform their pretrial order to the sample format.
(G) Sanctions.
Failure of counsel or parties, if not represented by counsel, to appear at any scheduled pretrial conference, including telephone conferences, or otherwise to comply with the provisions of this rule, may result in dismissal, default, awarding of attorney's fees and costs, and such other sanctions as may be appropriate.