Pretrial Information:  Click on a topic below for more information.

Pleadings and Motions   Pretrial Procedures   Final Pretrial Conference
  

Pleadings and Motions

This judicial district utilizes a CM/ECF system, which is mandatory for counsel and encouraged for pro se persons who endeavor to receive appropriate training.

The Local Rules require that certain motions shall be accompanied by a proposed order. Proposed orders relating to dispositive or appealable matters must contain proposed findings of fact or conclusions of law to comply with Seventh Circuit Rule 50. Proposed orders should be emailed directly to chambers (DRHpd@ilsd.uscourts.gov) (or if it is a motion submitted to the magistrate, then to the appropriate magistrate's chamber's designated address for proposed orders). Please DO NOT directly electronically file proposed orders. When emailing proposed orders to chambers, please include the case name and number in the subject line.

In civil cases, requests for physical and mental examination of persons should be pursued with close attention to the requirements of Rule 35. Consequently, the motion shall set out the nature of the "good cause" precipitating the need for the examination, as well as the contemplation of the movant as to the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made. Responses thereto shall likewise address the same Rule 35 criteria. Proposed orders embodying those criteria shall be submitted as well.

FRPC 702 (formerly known as Daubert motions) motions should be filed soon after the objections to the expert are known as practicable. Motions in limine, in the opinion of this judge, are not the appropriate vehicle for pressing such objections to an expert because they are not timely. Many 702 motions result in a hearing and, if granted too close to a trial date, may result in a continuance of the trial. 

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Pretrial Procedures

Pursuant to local rules and custom, discovery matters, including discovery scheduling, are handled by the magistrate judges. Chief Judge Herndon gives great latitude to the magistrate judges to exercise their discretion in these matters. He will enforce any rulings made by them unless specifically overruling them pursuant to an appeal of the magistrate’s ruling. Appeals of a magistrate judge's discovery orders do not automatically stay the enforcement of such orders nor do they defer the obligation of the party to make every effort to comply with the order unless an order by the magistrate or Chief Judge Herndon so states.

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Final Pretrial Conference

Chief Judge Herndon utilizes his own Final Pretrial Order. Copies are sent out by the Courtroom Deputy with the notice for the final pretrial conference. The form can also be downloaded by linking over to Final Pretrial Order.

The Court expects faithful adherence to the rule requiring cooperation between the parties for completion of the Final Pretrial Order. This is especially important regarding the issue of the parties’ concurrence on the facts not in dispute. Bad faith refusal to cooperate or failure to supply substantiation for refusal to agree will be dealt with firmly and with the sanctions available to the Court. Likewise, strict adherence to the various directions and instructions contained within the final pretrial order form is fully anticipated by the Court. Once the parties complete their proposed final pretrial order they should e-mail it directly to chambers in a WordPerfect compatible format with their /S signature at least three days prior to the date of the final pretrial conference. Please DO NOT electronically file the proposed order.

Parties are expected to have their exhibit lists attached to the proposed order at the time of the conference and already evaluated by opposing parties to determine issues as to admissibility. This is particularly important in the matter of foundational issues which may require additional witnesses and trial time. Parties are strongly encouraged not to raise frivolous foundational objections, particularly as an expediency to avoid examining and evaluating the exhibits in advance of the conference as required.

Unless prearranged, motions will not be argued at the final pretrial conference. Motions in limine should be filed in advance of the trial as directed by the final pretrial order form. Said motions should be fully briefed as Judge Herndon typically rules without oral argument. If oral argument is desired, the Judge should be so advised at the final pretrial conference. Further, the filing of motions in limine should be pursued with an eye toward receiving the Court’s decision sufficiently in advance of trial to allow for logistic or strategic decisions impacted thereby.

Should counsel anticipate any novel or particularly difficult legal issues which will require extensive arguments outside the hearing of the jury, the Court shall be so advised at the final pretrial conference. The Court will then determine a time and forum for resolution of the issues involved and whether counsel will be required to brief the issues and when.

Final Pretrial Conferences are not typically scheduled in criminal cases. Counsel wishing such conferences should make a request through the Courtroom Deputy.

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