Judge Franklin U. Valderrama
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 28 Days Before Pretrial Conference
- 5 Days After Pretrial Conference
Exhibits, Deposition Transcripts
Communication
Clerk
Chambers
Phone
Page & Word Limits7 rules
Motions in limine (not including exhibits) are limited to a total of 15 pages per side (not per motion).
- Motion in limine
- Up to 15 pages in total per side
Excluded from page count
- •Exhibits
Responses (not including exhibits) are limited to a total of 15 pages per side, not per motion.
- Response
- Up to 15 pages in total per side
Excluded from page count
- •Exhibits
Each side is limited to 15 proposed disputed questions, unless a motion is filed before the Pre-Trial Conference that explains good cause for proposing more than the limit.
Motions in limine must be e-filed 35 days before Pre-Trial Conference; responses due 21 days; replies due 14 days.
Court's wording
Unless otherwise ordered, all motions in limine shall be e-filed 35 days (5 weeks) before the Pre-Trial Conference; responses are due and shall be e-filed 21 days (3 weeks) before the Pre-Trial Conference; and replies are due and shall be e-filed 14 days (2 weeks) before the Pre-Trial Conference.
Motions in limine (not including exhibits) are limited to a total of 15 pages per side (not per motion).
- Motion in limine
- Up to 15 pages in total per side
Excluded from page count
- •Exhibits
Responses (not including exhibits) are limited to a total of 15 pages per side, not per motion.
- Response
- Up to 15 pages in total
Excluded from page count
- •Exhibits
Each side is limited to 15 proposed disputed questions, unless a motion is filed before the Pre-Trial Conference that explains good cause for proposing more than the limit.
Document Format Requirements36 rules
With regard to creating and naming the electronic versions of the exhibits, the parties must use the exhibit-file format and exhibit-naming convention for the Jury Evidence Recording System (JERS).
Each party must provide one tabbed three-ring binder of the specified objected-to materials, printed double-sided, unless the parties agree otherwise; the offering party provides the copy.
- Binding
- Tabbed three-ring binder
- Proposed exhibits
- Deposition transcripts
Formatting
- •Provide one binder
- •Use tabs to separate each exhibit and/or deposition transcript
Court's wording
One binder containing a copy of each party’s proposed exhibits and deposition transcripts to which the opposing party has raised an objection. The exhibits and/or deposition transcripts must be printed double-sided and placed in a three-ring binder with tabs separating each exhibit and/or deposition transcript. Unless the parties agree otherwise, the party that is offering the exhibit or deposition transcript is responsible for providing the copy of the objected-to exhibit or deposition transcript.
The pre-conference USB drive must contain PDFs of the specified objected-to materials, follow JERS file and naming conventions, and include exhibits with OCR text recognition.
- File type
- Proposed exhibits
- Deposition transcripts
Court's wording
A USB Key/Thumb Drive with no password protection 3 containing a .pdf of each of each party’s own proposed exhibits and deposition transcripts to which the opposing party has raised an objection. The parties must use the exhibit-file format and exhibit-naming convention for JERS. See Exhibit 3. All exhibits must have OCR- text recognition run on them.
A USB Key/Thumb Drive with no password protection 4 containing a .pdf of each final trial exhibit and final deposition transcript that will be read in place of live testimony. The parties must use the exhibit-file format and exhibit-naming convention for JERS. See Exhibit 3.
- File type
- Final trial exhibits
- Final deposition transcripts
Each party must provide one three-ring binder of final trial exhibits and specified deposition transcripts, printed double-sided and tabbed.
- Binding
- Tabbed three-ring binder
- Final trial exhibits
- Final deposition transcripts
Formatting
- •Provide one binder
- •Use tabs to separate each exhibit and/or deposition transcript
- •The deposition transcript directions in Section VII.a also apply
Court's wording
One binder containing a copy of each final trial exhibit and final deposition transcript that will be read in place of live testimony. The exhibits and/or deposition transcripts must be printed double-sided and placed in a three-ring binder with tabs separating each exhibit and/or deposition transcript. For deposition transcripts, please see above, see supra Section VII.a.
The parties must work together to provide the jury with one binder of all admitted exhibits, separated by tabs, for deliberations.
- Exhibits
Formatting
- •Separate exhibits with tabs
Court's wording
In order to minimize the possibility of disruption due to technical issues, the parties shall work together to provide one binder containing all admitted exhibits, with tabs separating exhibits, to be sent back to the jury for deliberations.
Exhibits supplied to the Court must be in digital format and named using the specified convention.
Court's wording
With JERS, the jury can zoom-in on parts of an exhibit and search for text, and for audio and video, there’s no need for a party to supply the jury with a laptop for deliberations. Thanks in advance for your patience as we continue to adapt JERS. JERS is not directly used to present evidence in court during trial; right now, it’s just used to display exhibits during deliberations. But JERS does indirectly affect your trial preparation because you must supply your exhibits to the Court in digital format, and you must name your exhibits using a specific convention.
JERS does not accept .xls files. All spreadsheets need to be submitted as a .pdf file.
- File type
Each digital exhibit filename must use a three-digit exhibit number, an underscore, a neutral exhibit description, and the file extension.
Court's wording
To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number (3 digits), followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number>_<exhibit description>.<file extension> 5
One binder containing one copy of each admitted exhibit. The binder must include the filed exhibits list as the first page, and must include tabs separating exhibits.
- Exhibits
Formatting
- •One copy of each admitted exhibit
- •Include tabs separating exhibits
If new exhibits are admitted during Plaintiff’s rebuttal case, Plaintiff must provide the Courtroom Deputy a USB drive and a binder containing only those new exhibits.
- Exhibits
Formatting
- •Provide a USB Key/Thumb Drive
Court's wording
If Plaintiff puts on a rebuttal case, if new exhibits are admitted, after Plaintiff rests and before closing arguments, after consulting with Defendant, Plaintiff must file an updated exhibit list, including the exhibits admitted during Plaintiff’s case-in- chief and the exhibits admitted during Plaintiff’s rebuttal case, and distinguish which exhibits were admitted during the rebuttal case. Plaintiff must also provide to the Courtroom Deputy a USB Key/Thumb Drive and a binder of hard copies including only the new exhibits admitted during Plaintiff’s rebuttal case.
With regard to creating and naming the electronic versions of the exhibits, the parties must use the exhibit-file format and exhibit-naming convention for the Jury Evidence Recording System (JERS).
A USB Key/Thumb Drive with no password protection 1 containing a .pdf of
- File type
Formatting
- •No password protection
Objected exhibits must be double-sided in tabbed three-ring binder.
- Binding
- Three-ring binder
- Exhibits
Court's wording
One binder containing a copy of any proposed exhibits to which a party has raised an objection. The exhibits must be printed double-sided and placed in a three- ring binder with tabs separating each exhibit. Unless the parties agree otherwise, the party that is offering an exhibit is responsible for providing the copy of the objected- to exhibit.
JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav
One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS USB Key/Thumb Drive.
Formatting
- •Physical objects require consecutively numbered exhibit designation
One binder containing a copy of each final trial exhibit. The exhibits must be printed double-sided and placed in a three-ring binder with tabs separating each exhibit.
- Binding
- Three-ring binder
- Exhibits
Exhibits must follow specific naming convention: 3-digit number, underscore, neutral description.
Formatting
- •Exhibit naming convention: 3-digit number, underscore, neutral description (max 200 characters)
Court's wording
To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number (3 digits), followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number> <exhibit description>.<file extension>
Impeachment/RR exhibits require separate USB folder with chart, no hard copies.
- File type
- Exhibits
Formatting
- •Separate USB folder
- •Exhibit chart
- •No hard copies
Court's wording
For any exhibits that a party plans to use at trial to impeach a witness or to refresh a witness’s recollection, the party must provide the exhibits on the USB Key/Thumb Drive in a separate folder titled “Impeachment and RR Exhibits.” The party must also include in this folder a separate .pdf exhibit chart of these exhibits in a format similar to the primary exhibit chart, with only columns for exhibit number, date, and description. The party should begin numbering these exhibits at least 50 numbers after its last exhibit on its primary exhibit chart. The party need not provide hard copies of these exhibits in advance of trial.
Final trial exhibits must be on password-free USB drive with OCR.
- File type
- Exhibits
Formatting
- •OCR-text recognition
- •No password protection
- •USB drive
Court's wording
A USB Key/Thumb Drive with no password protection 2 containing a .pdf of each final trial exhibit. The parties must use the exhibit-file format and exhibit- naming convention for JERS. See Exhibit 3. All exhibits must have OCR-text recognition run on them.
A USB Key/Thumb Drive with no password protection 3 containing a .pdf of each of each party’s own proposed exhibits and deposition transcripts to which the opposing party has raised an objection.
- File type
- Proposed exhibits
- Deposition transcripts
Formatting
- •USB Key/Thumb Drive must have no password protection
The exhibits and/or deposition transcripts must be printed double-sided and placed in a three-ring binder with tabs separating each exhibit and/or deposition transcript.
- Exhibits
- Deposition transcripts
Formatting
- •Print double-sided
A USB Key/Thumb Drive with no password protection 4 containing a .pdf of each final trial exhibit and final deposition transcript that will be read in place of live testimony.
- File type
- Final trial exhibits
- Deposition transcripts
Formatting
- •USB Key/Thumb Drive must have no password protection
Provide one binder containing each final trial exhibit and qualifying deposition transcript, printed double-sided with tabs separating each item.
Court's wording
One binder containing a copy of each final trial exhibit and final deposition transcript that will be read in place of live testimony. The exhibits and/or final deposition transcripts must be printed double-sided and placed in a three-ring binder with tabs separating each exhibit and/or deposition transcript.
The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged).
- Exhibit chart
Formatting
- •Landscape orientation is encouraged
Just as at the pre-trial stage, when preparing exhibits for the trial itself, once again use the JERS exhibit format and naming convention.
JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav
After the Pre-Trial Conference, do not renumber the exhibits, even if during the Pre-Trial Conference the Court deemed some of them inadmissible.
Exhibits must use consecutive numbers, not letters or exhibit parts, and their neutral descriptions may not exceed 200 characters.
- Exhibits
Formatting
- •Include a neutral description of no more than 200 characters
Court's wording
Use consecutive numbers to designate exhibits; do not use letters to distinguish exhibits. Also, do not use an “exhibit part,” such as 1A or 2A. Just use consecutive numbers (plus the neutral description). The neutral description cannot be more than 200 characters (hopefully, you’ll never come close to that limit).
The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged).
- Exhibit chart
Formatting
- •Landscape orientation is encouraged
These designations should be in a chart format substantially similar to the example below (landscape orientation is encouraged).
Document Filing Requirements122 rules
For each witness, the party must provide a very concise (i.e., no more than two or three sentences) description of the witness’s role in the case.
The witness list must include expert and rebuttal witnesses and identify witnesses who will testify, may testify, or will be presented through prior testimony, including whether that presentation is by transcript or video.
Court's wording
The party must provide a list of witnesses, including expert witnesses and rebuttal witnesses, identifying the following: 1. witnesses that the party will call to testify at trial; 2. witnesses that the party may call to testify at trial; and 3. witnesses whose testimony the party plans to present by deposition or other prior testimony, indicating whether the presentation will be by transcript or video.
The party must indicate whether the opposing party objects to the introduction of witness testimony via deposition.
The party must submit an exhibit chart of the exhibits the party will definitely use at trial (including demonstratives, summaries, or other specially prepared exhibits), which includes the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; and (d) a concise statement of the exhibit’s relevance.
For each witness whose deposition testimony will be used instead of live testimony, the party must list the witness and cite and briefly explain the applicable Rule 32 provision.
Court's wording
Additionally, as indicated above, pursuant to Federal Rule of Civil Procedure 32, the party must provide a list of witnesses for which it intends to use deposition testimony at trial in lieu of live testimony. Next to the witness’s name, the party shall cite to the applicable provision of Rule 32 allowing for use of the deposition and provide a brief explanation.
If Rule 32 does not provide for the use of deposition testimony in lieu of live testimony and the opposing party does not stipulate to the use of deposition testimony, the Court will not allow the testimony to be introduced via deposition.
Finally, absent exceptional circumstances, the Court will not allow the introduction of witness testimony via deposition unless the party’s Pre-Trial Statement so indicated and the party provided a deposition designation chart with its Pre-Trial Statement.
Witnesses who are not on the lists are barred from testifying unless the proponent shows an absence of prejudice to the opposing party or good cause for the failure to disclose the witness.
When a party proposes to use deposition testimony instead of live testimony, the offering party must provide page-and-line designations, a description, and the testimony’s relevance.
Court's wording
Pursuant to the list provided in Section I.a, if a party proposes to introduce a witness’ testimony via a deposition rather than live testimony, then the offering party must provide: (1) the page/line designations of the deposition transcript, (2) a description of the testimony, and (3) relevance of the testimony.
If there is no objection to a motion, but the movant wishes to file a motion memorializing the non-objection, then the motion must state that there is no objection.
Defendant must use Plaintiff’s Word exhibit chart, add an objection column with concise explanations when applicable, and retain rows for exhibits without objections.
Court's wording
Defendant shall use the Microsoft Word version of Plaintiff’s Exhibit Chart, and add a column to the chart listing whether there is an objection to the exhibit, and if so, a concise explanation of the objection, similar to the example below. If Defendant does not have an objection to a specific exhibit, Defendant shall not remove that row from Plaintiff’s Exhibit Chart, but instead can leave the objection column for that exhibit row blank.
Except for foundation objections, objections omitted from the exhibit charts are waived unless the objecting party shows no prejudice or good cause at trial.
Court's wording
Apart from objections to foundation, all other objections not included on the exhibit charts shall be deemed waived, unless the objecting party shows at trial an absence of prejudice to the opposing party or good cause for the failure to object to the exhibit in the pretrial materials.
Defendant must use Plaintiff’s Word deposition chart and add a column listing objections with concise grounds; the text also directs Defendant not to remove designations without objections.
Court's wording
Defendant shall use the Microsoft Word version of Plaintiff’s Deposition Designation Chart, and add a column to the chart listing any objections, including a concise basis for the objection, similar to the Exhibit Chart. If Defendant does not have an objection to a specific deposition designation, Defendant shall not remove
The Pre-Trial Memorandum must list trial attorneys’ contact information and the names of everyone sitting at counsel table.
Court's wording
A list of the attorneys trying the case, including e-mail addresses, telephone numbers (both office and cell phone numbers), and business addresses. A list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, etc., should also be provided.
State the jurisdictional basis for each claim. If the parties rely on either diversity jurisdiction or another jurisdictional basis that requires a threshold amount, then state whether the parties agree that the amount in controversy exceeds
The Pre-Trial Memorandum shall contain the following information:
No later than 2 business days before the due date of the joint Pre-Trial Memorandum, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible.
The pre-trial memorandum must state estimated trial length, plaintiff and defendant subtotals, and proposed opening and closing argument time limits per side.
Court's wording
State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already accounts for lunch and breaks). Provide estimated sub-totals for Plaintiff’s case and Defendant’s case. Propose time limits for opening statements and closing arguments, per side.
If any party is seeking damages, provide an itemization of damages and other relief sought, and provide a concise explanation of the evidentiary basis for each itemization.
The parties shall confer and provide a concise agreed statement of the case to be included on the juror questionnaire cover letter and to be read by Judge Valderrama to the jury pool during jury selection.
In numbered paragraphs, set forth any stipulations and uncontested facts.
Moreover, 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.
The same principles apply to proposed verdict forms.
Each proposed jury instruction must identify its proponent, legal authority, and whether it is objected to.
Court's wording
The proposed jury instructions must state, on an instruction-by-instruction basis, the following information: the proponent of the instruction, the legal authority for the instruction, and whether there is an objection to the instruction.
Additional juror-questionnaire questions must be filed in separate agreed and objected-to categories, with a short basis for each objection.
Court's wording
For additional questions to be included on the juror questionnaires, the parties must file a list divided into (a) agreed-upon questions and (b) proposed questions to which there is an objection. A short basis for any objection must accompany the list.
The parties must confer in order to attempt to agree on as many jury instructions as possible, as well as the verdict form.
Lead trial counsel for each party must attend the Pre-Trial Conference.
The Pre-Trial Memorandum shall be electronically signed by counsel for each party.
Impeachment and refreshing-recollection exhibits must be placed in a separately named USB folder with a PDF chart limited to three specified columns; numbering should start at least 50 numbers after the primary chart’s last exhibit, and advance hard copies are not required.
Court's wording
For any exhibits that a party plans to use at trial to impeach a witness or to refresh a witness’ recollection, the party must include such exhibits on the above USB Key/Thumb Drive in a separate folder titled “Impeachment and RR Exhibits.” The party must also include in this folder a separate .pdf exhibit chart of these exhibits in a format similar to the primary exhibit chart, with only columns for exhibit number, date, and description. The party should begin numbering these exhibits at least 50 numbers after its last exhibit on its primary exhibit chart. The party need not provide hard copies of these exhibits in advance of trial.
For deposition transcripts, if the Court has sustained an objection, the entire objected-to portion of the transcript should be redacted in its entirety. If the Court has overruled an objection, and that objection is included in the transcript, the parties should remove/redact the objection from the transcript. Real-time objections within designated excerpts of deposition transcripts, which the parties did not include as part of their objections included with their pre-trial submissions, must also be removed/redacted from the transcripts.
The filed exhibit list must identify agreed demonstratives for deliberations and any disagreements about admitted exhibits or demonstratives.
Court's wording
The filed list must include any demonstratives the parties agree may be used during deliberations (keeping in mind that the default is that demonstratives will not be used during deliberations), as well as any disagreements about exhibits admitted into evidence or demonstratives to go back with the jury.
Plaintiff must also provide to the Courtroom Deputy a USB Key/Thumb Drive and one binder including only the new exhibits admitted during Plaintiff’s rebuttal case.
Filing & Service rules
Electronic Filing Rules
File the Pre-Trial Statement in CM/ECF using the Supplement event under Other Filings and Other Documents.
To e-file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Supplement event.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Defendant must e-file the exhibit-chart objections as part of the Pre-Trial Statement and separately email a Word version to the specified chambers address.
Defendant shall then e-file Defendant’s Objections to Plaintiff’s Exhibit Chart as part of Defendant’s Pre-Trial Statement and Objections. Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Objections to Plaintiff’s Exhibit Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 5 | II.d. Objections to Plaintiff’s Exhibit Chart
Defendant must e-file the Pre-Trial Statement and Objections using CM/ECF 42 days before the Pre-Trial Conference.
42 days (6 weeks) before the Pre-Trial Conference, Defendant shall e-file Defendant’s Pre-Trial Statement and Objections, comprised of the below items (listed in Section II.a–g) using CM/ECF.
Civil cases
Page 5 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Plaintiff must e-file objections to Defendant’s Exhibit Chart as part of Plaintiff’s Pre-Trial Objections.
Plaintiff shall then e-file Plaintiff’s Objections to Defendant’s Exhibit Chart as part of Plaintiff’s Pre-Trial Objections.
Civil cases
Page 7 | III.a. Objections to Defendant’s Exhibit Chart
Defendant must separately email a Microsoft Word version of the objections to the specified address.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Objections to Plaintiff’s Deposition Designation Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 7 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Plaintiff must e-file the specified Pre-Trial Objections through CM/ECF 35 days before the Pre-Trial Conference.
35 days (5 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Objections, comprised of the below items (listed in Section III.a– d) using CM/ECF.
Civil cases
Page 7 | III. Exchange and Filing of Materials – Plaintiff’s Pre-Trial Objections
Defendant must e-file the objections as part of Defendant’s Pre-Trial Statement and Objections.
Defendant shall then e-file Defendant’s Objections to Plaintiff’s Deposition Designation Chart as part of Defendant’s Pre-Trial Statement and Objections.
Civil cases
Page 7 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Plaintiff must separately email a Microsoft Word version of the exhibit-chart objections to the specified address.
Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Objections to Defendant’s Exhibit Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 7 | III.a. Objections to Defendant’s Exhibit Chart
Plaintiff must separately email a Microsoft Word version of the deposition-designation objections to the specified address.
Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Objections to Defendant’s Deposition Designation Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 8 | III.b. Objections to Defendant’s Deposition Designation Chart
Plaintiff must e-file objections to Defendant’s Deposition Designation Chart as part of Plaintiff’s Pre-Trial Objections.
Plaintiff shall then e-file Plaintiff’s Objections to Defendant’s Deposition Designation Chart as part of Plaintiff’s Pre-Trial Objections.
Civil cases
Page 8 | III.b. Objections to Defendant’s Deposition Designation Chart
Plaintiff must e-file the parties’ jointly prepared Pre-Trial Memorandum 28 days before the Pre-Trial Conference.
28 days (4 weeks) before the Pre-Trial Conference, Plaintiff shall e-file the parties’ jointly prepared Pre-Trial Memorandum.
Civil cases
Page 8 | IV. Final Pre-Trial Memorandum
Plaintiff must additionally email a Microsoft Word version of the Pre-Trial Memorandum to the specified address.
Additionally, Plaintiff shall e-mail a Microsoft Word version of the Pre-Trial Memorandum to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 8 | IV. Final Pre-Trial Memorandum
The jury-instructions filing must also be emailed to the specified address in Microsoft Word format on the day the pre-trial memorandum is due.
The jury-instructions filing also must be e-mailed to Proposed_Order_Valderrama@ilnd.uscourts.gov in Microsoft Word format the same day the Pre-Trial Memorandum is due.
Civil cases
Page 10 | h. Jury Instructions / Verdict Forms
Plaintiff must e-file the Pre-Trial Statement and its listed components 49 days before the Pre-Trial Conference, subject to any controlling deadlines in the Court’s minute entry.
49 days (7 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Statement, comprised of the below items (listed in Section I.a–d) using CM/ECF.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Defendant must e-file the Pre-Trial Statement and Objections using CM/ECF 42 days before the Pre-Trial Conference.
42 days (6 weeks) before the Pre-Trial Conference, Defendant shall e-file Defendant’s Pre-Trial Statement and Objections, comprised of the below items (listed in Section II.a–g) using CM/ECF.
Civil cases
Page 4 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Defendant must e-file objections to Plaintiff’s Exhibit Chart as part of its Pre-Trial Statement and Objections.
Defendant shall then e-file Defendant’s Objections to Plaintiff’s Exhibit Chart as part of Defendant’s Pre-Trial Statement and Objections.
Civil cases
Page 5 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Defendant must e-file objections to Plaintiff’s Deposition Designation Chart as part of its Pre-Trial Statement and Objections.
Defendant shall then e-file Defendant’s Objections to Plaintiff’s Deposition Designation Chart as part of Defendant’s Pre-Trial Statement and Objections.
Civil cases
Page 6 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Plaintiff must e-file the deposition-designation objections with the Pre-Trial Objections and separately email a Microsoft Word version to the specified address.
Plaintiff shall then e-file Plaintiff’s Objections to Defendant’s Deposition Designation Chart as part of Plaintiff’s Pre-Trial Objections. Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Objections to Defendant’s Deposition Designation Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 7 | III.b. Objections to Defendant’s Deposition Designation Chart
Plaintiff must e-file the exhibit-chart objections with the Pre-Trial Objections and separately email a Microsoft Word version to the specified address.
Plaintiff shall then e-file Plaintiff’s Objections to Defendant’s Exhibit Chart as part of Plaintiff’s Pre-Trial Objections. The Court’s statements regarding objections in Section II.d apply here as well. Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Objections to Defendant’s Exhibit Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 7 | III.a. Objections to Defendant’s Exhibit Chart
Plaintiff must e-file the Pre-Trial Objections using CM/ECF 35 days before the Pre-Trial Conference.
35 days (5 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Objections, comprised of the below items (listed in Section III.a– d) using CM/ECF.
Civil cases
Page 7 | III. Exchange and Filing of Materials – Plaintiff’s Pre-Trial Objections
Plaintiff must e-file the jointly prepared Pre-Trial Memorandum 28 days before the conference and separately email a Microsoft Word version to the specified address.
28 days (4 weeks) before the Pre-Trial Conference, Plaintiff shall e-file the parties’ jointly prepared Pre-Trial Memorandum. Additionally, Plaintiff shall e- mail a Microsoft Word version of the Pre-Trial Memorandum to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 8 | IV. Final Pre-Trial Memorandum
When e-filing the Pre-Trial Statement, select the CM/ECF event path “Other Filings,” then “Other Documents,” and choose “Supplement.”
To e-file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Supplement event.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
To e-file it, select the appropriate CM/ECF event, then choose “Other Filings,” “Other Documents,” and the Supplement event.
To e-file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Supplement event.
Civil cases
Page 7 | III. Exchange and Filing of Materials – Plaintiff’s Pre-Trial Objections
Filing Timing and Cure Windows
Plaintiff must e-file the Pre-Trial Statement and its listed components 49 days before the Pre-Trial Conference, subject to the Court’s later-specified deadlines.
49 days (7 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Statement, comprised of the below items (listed in Section I.a–d) using CM/ECF.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Plaintiff’s Pre-Trial Objections must be e-filed 35 days before the Pre-Trial Conference.
35 days (5 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Objections, comprised of the below items (listed in Section III.a– d) using CM/ECF.
Civil cases
Page 7 | III. Exchange and Filing of Materials – Plaintiff’s Pre-Trial Objections
The jointly prepared Pre-Trial Memorandum must be e-filed 28 days before the Pre-Trial Conference.
28 days (4 weeks) before the Pre-Trial Conference, Plaintiff shall e-file the parties’ jointly prepared Pre-Trial Memorandum.
Civil cases
Page 8 | IV. Final Pre-Trial Memorandum
Each party must deliver the specified materials to chambers 28 days before the Pre-Trial Conference.
28 days (4 weeks) before the Pre-Trial Conference, each party shall have delivered to chambers the following:
Civil cases
Page 11 | V. Exhibits and Deposition Designations – Before Pre-Trial Conference
Each party must deliver the specified materials to chambers five days after the Pre-Trial Conference.
5 days following the Pre-Trial Conference, each party shall have delivered to chambers the following:
Civil cases
Page 11 | VII. Exhibits and Deposition Designations – After Pre-Trial Conference
After Defendant rests and before closing arguments, Defendant must consult Plaintiff and file its admitted-exhibit list following the instructions for Plaintiff’s list.
After Defendant rests and before closing arguments, after consulting with Plaintiff, Defendant must file on the docket its list of Defendant’s exhibits which were admitted into evidence during trial, following the same instructions included above regarding Plaintiff’s list.
Civil cases
Page 14 | d. Exhibits at Trial
Plaintiff must confer with Defendant and file its admitted-exhibit list no later than one calendar day after its case-in-chief closes.
As explained in detail in Exhibit 3, no later than one calendar day after the close of Plaintiff’s case-in-chief, Plaintiff must confer with Defendant about admitted exhibits and file on the docket its list of Plaintiff’s exhibits which were admitted into evidence during trial.
Civil cases
Page 14 | d. Exhibits at Trial
If new exhibits are admitted during Plaintiff’s rebuttal case, Plaintiff must consult Defendant and file an updated list after resting and before closing arguments, distinguishing rebuttal exhibits.
If Plaintiff puts on a rebuttal case, if new exhibits are admitted, after Plaintiff rests and before closing arguments, after consulting with Defendant, Plaintiff must file an updated exhibit list, including the exhibits admitted during Plaintiff’s case-in- chief and the exhibits admitted during Plaintiff’s rebuttal case, and distinguish which exhibits were admitted during the rebuttal case.
Civil cases
Page 14 | d. Exhibits at Trial
Within one calendar day after Plaintiff’s case-in-chief closes, Plaintiff must consult Defendant and file a docket list of its trial exhibits admitted into evidence.
No later than one calendar day after the closing of Plaintiff’s case-in-chief, after consulting with Defendant, Plaintiff must file on the docket its list of Plaintiff’s exhibits which were admitted into evidence during trial.
Civil cases
Page 26 | 6. Close of Plaintiff’s Case-in-Chief and Close of Evidence
If Plaintiff presents a rebuttal case and new exhibits are admitted, Plaintiff must file the updated list after resting and before closing arguments, after consulting Defendant.
If Plaintiff puts on a rebuttal case, if new exhibits are admitted, after Plaintiff rests and before closing arguments, after consulting with Defendant, Plaintiff must file an updated exhibit list, including the exhibits admitted during Plaintiff’s case-in- chief and the exhibits admitted during Plaintiff’s rebuttal case, and distinguish which exhibits were admitted during the rebuttal case. Plaintiff must also provide to the Courtroom Deputy a USB Key/Thumb Drive and a binder of hard copies including only the new exhibits admitted during Plaintiff’s rebuttal case.
Civil cases
Page 27 | Plaintiff’s Rebuttal Case
Defendant must file its admitted-exhibits list after resting and before closing arguments, following consultation with Plaintiff.
After Defendant rests and before closing arguments, after consulting with Plaintiff, Defendant must file on the docket its list of Defendant’s exhibits which were admitted into evidence during trial, following the same instructions included above regarding Plaintiff’s list. Defendant must also provide to the Courtroom Deputy a USB Key/Thumb Drive and Hard Copies, as described above.
Civil cases
Page 27 | Close of Defense Case
Plaintiff must submit the Pre-Trial Statement 49 days before the Pre-Trial Conference, unless the Court’s minute entry specifies different controlling deadlines.
49 days (7 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Statement, comprised of the below items (listed in Section I.a–d) using CM/ECF.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Defendant’s Pre-Trial Statement and Objections are due 42 days before the Pre-Trial Conference.
42 days (6 weeks) before the Pre-Trial Conference, Defendant shall e-file Defendant’s Pre-Trial Statement and Objections, comprised of the below items (listed in Section II.a–g) using CM/ECF.
Civil cases
Page 4 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Plaintiff’s Pre-Trial Objections are due 35 days before the Pre-Trial Conference.
35 days (5 weeks) before the Pre-Trial Conference, Plaintiff shall e-file Plaintiff’s Pre-Trial Objections, comprised of the below items (listed in Section III.a– d) using CM/ECF.
Civil cases
Page 7 | III. Exchange and Filing of Materials – Plaintiff’s Pre-Trial Objections
The jointly prepared Pre-Trial Memorandum is due 28 days before the Pre-Trial Conference.
28 days (4 weeks) before the Pre-Trial Conference, Plaintiff shall e-file the parties’ jointly prepared Pre-Trial Memorandum. Additionally, Plaintiff shall e- mail a Microsoft Word version of the Pre-Trial Memorandum to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 8 | IV. Final Pre-Trial Memorandum
After Defendant rests and before closing arguments, Defendant must consult Plaintiff and docket a list of Defendant’s admitted trial exhibits following the instructions for Plaintiff’s list.
After Defendant rests and before closing arguments, after consulting with Plaintiff, Defendant must file on the docket its list of Defendant’s exhibits which were admitted into evidence during trial, following the same instructions included above regarding Plaintiff’s list.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Exhibits at Trial
Within one calendar day after Plaintiff’s case-in-chief closes, Plaintiff must confer with Defendant about admitted exhibits and docket a list of Plaintiff’s admitted exhibits.
No later than one calendar day after the close of Plaintiff’s case-in-chief, Plaintiff must confer with Defendant about admitted exhibits and file on the docket its list of Plaintiff’s exhibits which were admitted into evidence during trial.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Exhibits at Trial
If new exhibits are admitted during Plaintiff’s rebuttal case, Plaintiff must consult Defendant and file an updated list after resting and before closing arguments, identifying rebuttal exhibits separately.
If Plaintiff puts on a rebuttal case, if new exhibits are admitted, after Plaintiff rests and before closing arguments, after consulting with Defendant, Plaintiff must file an updated exhibit list, including the exhibits admitted during Plaintiff’s case-in- chief and the exhibits admitted during Plaintiff’s rebuttal case, and distinguish which exhibits were admitted during the rebuttal case.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Exhibits at Trial
The Court may change the listed deadlines, and the submission dates in its minute entry before the Pre-Trial Conference control.
The Court may change the below deadlines and will specify exact submission deadlines in a minute entry before the Pre-Trial Conference. The dates in the minute entry shall govern timing of submission of the documents below.
Civil cases
Page 1
The Court will schedule the Pre-Trial Conference two to three weeks before trial begins.
The Court will schedule the Pre-Trial Conference two to three weeks before the commencement of trial.
Civil cases
Page 11 | VI. Pre-Trial Conference
The Court will schedule the Pre-Trial Conference two to three weeks before trial begins.
The Court will schedule the Pre-Trial Conference two to three weeks before the commencement of trial.
Civil cases
Page 10 | VI. Pre-Trial Conference
Service and Proof of Service Rules
Plaintiff must separately email Defendant Microsoft Word versions of the Exhibit Chart and Deposition Designation Chart.
Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Exhibit Chart and Plaintiff’s Deposition Designation Chart to Defendant.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Defendant must separately email Plaintiff Microsoft Word versions of Defendant’s Exhibit Chart and Deposition Designation Chart.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Exhibit Chart and Defendant’s Deposition Designation Chart to Plaintiff.
Civil cases
Page 5 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
The parties must serve proposed stipulations on each other at least five business days before the joint pre-trial memorandum is due.
No later than 5 business days before the due date of the joint Pre-Trial Memorandum, the parties must serve on each other proposed stipulations.
Civil cases
Page 9 | e. Stipulations and Uncontested Facts
The parties must serve proposed jury instructions on each other at least five business days before the joint memorandum is due and confer by two business days before the due date.
No later than 5 business days before the due date of the joint Pre-Trial Memorandum, the parties must serve on each other proposed jury instructions, and confer by 2 business days before the due date in order to generate this section of the Pre-Trial Memorandum.
Civil cases
Page 10 | h. Jury Instructions / Verdict Forms
Each side must provide proposed voir dire questions to the other five business days before the joint memorandum is due and confer by two business days before its due date.
Each side shall provide the other with proposed voir dire questions 5 business days before the due date of the joint Pre-Trial Memorandum, and confer by 2 business days before the due date in order to generate this section of the Pre-Trial Memorandum.
Civil cases
Page 10 | g. Voir Dire Questions
Plaintiff must separately email Defendant Microsoft Word versions of the Exhibit Chart and Deposition Designation Chart.
Separately, Plaintiff shall e-mail a Microsoft Word version of Plaintiff’s Exhibit Chart and Plaintiff’s Deposition Designation Chart to Defendant.
Civil cases
Page 1 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
Defendant must email Plaintiff Microsoft Word versions of its Exhibit Chart and Deposition Designation Chart.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Exhibit Chart and Defendant’s Deposition Designation Chart to Plaintiff.
Civil cases
Page 5 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
The parties must serve proposed stipulations on each other at least five business days before the joint Pre-Trial Memorandum is due.
No later than 5 business days before the due date of the joint Pre-Trial Memorandum, the parties must serve on each other proposed stipulations.
Civil cases
Page 9 | e. Stipulations and Uncontested Facts
A request to use exhibits during opening statements must be made to the opposing party at least two business days before trial begins.
Any request for the use of exhibits during opening statements must be made to the opposing party no later than two business days before the start of trial.
Civil cases
Page 11 | VIII. Additional Pre-Trial Information – Opening Statement
Courtesy Copy Requirements
Microsoft Word version of exhibit chart must be emailed to chambers.
Each party shall also e-mail a Microsoft Word version of the chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Criminal cases
Page 3 | III. Exhibit Charts
28 days (4 weeks) before the Pre-Trial Conference, each party shall have delivered to chambers the following:
28 days (4 weeks) before the Pre-Trial Conference, each party shall have delivered to chambers the following:
Civil cases
Page 9 | V. Exhibits and Deposition Designations – Before Pre-Trial Conference
Each party must deliver the specified final trial materials to chambers five days after the Pre-Trial Conference.
5 days following the Pre-Trial Conference, each party shall have delivered to chambers the following:
Civil cases
Page 10 | VII. Exhibits and Deposition Designations – After Pre-Trial Conference
One binder containing a copy of each party’s proposed exhibits and deposition transcripts to which the opposing party has raised an objection.
One binder containing a copy of each party’s proposed exhibits and deposition transcripts to which the opposing party has raised an objection.
Civil cases
Page 10 | V.b. Hard Copies
Unless the parties agree otherwise, the party offering an objected-to exhibit or deposition transcript must provide its copy.
Unless the parties agree otherwise, the party that is offering the exhibit or deposition transcript is responsible for providing the copy of the objected-to exhibit or deposition transcript.
Civil cases
Page 10 | V.b. Hard Copies
Filing Bundling Requirements
Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine and replies in support of motions in limine should also be submitted in one document.
Parties filing multiple motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine and replies in support of motions in limine should also be submitted in one document.
Criminal cases
Page 6 | IV. Motions in Limine
Pre-Motion Conference Requirements
The parties must confer before filing any motion in limine.
The parties must confer on all motions in limine before filing them.
Civil cases
Page 3 | I. Exchange and Filing of Trial Materials – Plaintiff’s Pre-Trial Statement
The parties must confer on every motion in limine before filing it.
The parties must confer on all motions in limine before filing them.
Civil cases
Page 3 | I. Exchange and Filing of Trial Materials – Motions in Limine
Chambers Communication Rules
Defendant must email a Microsoft Word version of the exhibit-chart objections to the specified chambers address.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Objections to Plaintiff’s Exhibit Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 5 | II.d. Objections to Plaintiff’s Exhibit Chart
Defendant must email a Microsoft Word version of its exhibit-chart objections to the specified address.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Objections to Plaintiff’s Exhibit Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 5 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
Defendant must email a Microsoft Word version of its deposition-designation objections to the specified address.
Separately, Defendant shall e-mail a Microsoft Word version of Defendant’s Objections to Plaintiff’s Deposition Designation Chart to Proposed_Order_Valderrama@ilnd.uscourts.gov.
Civil cases
Page 6 | II. Exchange and Filing of Trial Materials – Defendant’s Pre-Trial Statement and Objections
If the parties agree that a password is necessary, they must email it to the courtroom deputy on the day the USB drive is delivered.
If the parties agree a password is necessary, they must send an e-mail to the Court’s courtroom deputy, Jonathan Martinez (Jonathan_Martinez@ilnd.uscourts.gov), with the password on the same day that the USB/Key Drive is delivered.
Civil cases
Page 11 | V. Exhibits and Deposition Designations – Before Pre-Trial Conference
When reaching out to Mr. Zeier, the parties should coordinate with each other to arrange for a time to come at the same time, and should also copy the Court’s Courtroom Deputy, Jonathan Martinez, so he can be present to assist.
When reaching out to Mr. Zeier, the parties should coordinate with each other to arrange for a time to come at the same time, and should also copy the Court’s Courtroom Deputy, Jonathan Martinez, so he can be present to assist.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Displaying Exhibits on the Video Monitors
Parties needing courtroom display technology instruction may contact the Courtroom Technology Administrator to schedule WebEx training, coordinating their attendance and copying the Courtroom Deputy.
If the parties need instruction on the courtroom display technology equipment, please visit https://www.ilnd.uscourts.gov/Pages.aspx?page=CourtRoomTechnology and/or contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a WebEx training session. Mr. Zeier can be reached at (312) 435-6045 or alexander_zeier@ilnd.uscourts.gov. When reaching out to Mr. Zeier, the parties should coordinate with each other to arrange for a time to come at the same time, and should also copy the Court’s Courtroom Deputy, Jonathan Martinez, so he can be present to assist.
Civil cases
Page 15 | Displaying Exhibits on the Video Monitors
Parties needing courtroom display technology instruction may consult the court’s technology webpage or contact the Technology Administrator to schedule WebEx training.
If the parties need instruction on the courtroom display technology equipment, please visit https://www.ilnd.uscourts.gov/Pages.aspx?page=CourtRoomTechnology and/or contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a WebEx training session.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Displaying Exhibits on the Video Monitors
The Courtroom Technology Administrator may be reached by phone or email at the listed contact details.
Mr. Zeier can be reached at (312) 435-6045 or alexander_zeier@ilnd.uscourts.gov.
Civil cases
Page 12 | VIII. Additional Pre-Trial Information – Displaying Exhibits on the Video Monitors