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Trial Information: Click a topic below for more
information. Trial
Dates Trial Briefs
Voir Dire Examination
Preliminary Jury Instructions
Opening Statement Closing
Arguments
Jury Procedures
A.
Trial
Dates
A presumptive
trial month is assigned shortly after the case is filed.
A precise date during that month will be assigned at the
Final Pretrial Conference.
Continuances will be granted only in exceptional
circumstances.
Trial
begins at 8:00 a.m. and continues until 4:30 p.m.
Jurors are usually given one and one-half hours for a lunch
break. Less time is
allowed for lunch during bench trials.
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B.
Trial
Briefs
Trial briefs shall be filed only when
necessary to address an unusual point of law.
Briefs shall be filed at the Final Pretrial Conference
when possible.
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C. Voir Dire
The Court will conduct limited voir dire on
basic issues. The
attorneys are then granted wide latitude to conduct their own
voir dire. Time
limitations may be imposed, but it is not necessary to submit voir
dire questions to the Court.
Each side is granted peremptory challenges in accordance
with the Federal Rules. The
Court first entertains challenges for cause, and then jurors are
tendered one at a time (odd numbered jurors tendered to the
plaintiff first, even numbered jurors tendered to the defendant
first), until all jurors are selected.
In a civil case, the court reporter will not be present
during voir dire unless requested by a party.
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D.
Decorum
In civil cases, motion hearings are
generally held informally at counsel table in the courtroom. In
all cases, trial examinations are not required at a lectern.
Lawyers are given wide latitude to conduct their examinations
using their best judgment and advocacy skills. It is not
necessary to ask permission to approach a witness.
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E.
Preliminary
Jury Instructions
The Court will give the jury standard
preliminary instructions after it has been empanelled but before
opening statements. Counsel will receive a copy of these instructions on the
morning of trial.
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F. Opening
Statements
There are no time limits on opening
statements. Exhibits
may be used during opening statement, unless the Court has taken
under advisement an objection to the exhibit.
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G. Stipulations
Stipulations
are strongly encouraged to save time and resources. Stipulations
will be read to the jury at an appropriate time. Counsel is
responsible for providing the Court with a written stipulation.
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H. Depositions
Videotaped
depositions are strongly encouraged. The Court has the technology to play VHS tapes only. Counsel shall contact the courtroom deputy in
advance of trial to discuss precise courtroom technology needs. Counsel is responsible for providing someone to
read the witness portion of depositions when a videotape is not
available. Counsel should review deposition transcripts and
bring only the objections which cannot be resolved to the
Court's attention sufficiently in advance of the time when the
deposition will be used to allow thorough consideration of the
objections. The party offering the deposition is responsible for
providing a copy to the court reporter to highlight in lieu of
transcribing the deposition testimony read at trial.
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I.
Media Equipment
The Court has the DOARS system available for use during trial. The DOARS system allows the user to project images onto a large screen and monitors in the courtroom. The system clearly projects objects, texts, and photographs. It is not necessary for text to be on transparencies, but the system will accommodate transparencies, if necessary. The Court also has the technology to play VHS tapes. Again, counsel should contact the courtroom deputy clerk to discuss specific technology needs.
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J.
Experts
Opposing
counsel shall bring any issues concerning an expert's
qualifications to the Court's attention prior to the Final
Pretrial Conference.
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K.
Transcripts
Requests
for transcripts shall be made on an AO 435 form. Specific questions concerning transcripts should be directed to Molly Clayton (618/482-9226) or "Molly_Clayton@ilsd.uscourts.gov".
If on appeal, a "Seventh Circuit Transcript Information
Sheet" included in the appeal packet sent by the Clerk of
Court must be completed. See Local Rule 80.1.
Arrangements
for daily transcripts should be made prior to trial. Specific
questions concerning transcripts should be directed to the court
reporter.
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L.
Closing
Arguments
There
are generally no time limitations on closing arguments.
The Court decides on a case-by-case basis whether to
instruct the jury before or after closing arguments.
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M. Jury Procedures
Jurors are allowed to take notes, and all
exhibits admitted during the trial are sent to the jury room
when the jury retires to deliberate, along with an exhibit list.
Each juror will receive a copy of the jury instructions.
Jurors are allowed, but not encouraged, to ask questions
in writing. Attorneys
are allowed to talk to a juror after the trial only if the juror
consents. Specific
details about post-trial juror contact will be provided
following the return of a verdict.
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