Civil Cases: Click on a topic below for more information.
Conflicts of Interest Motion Practice
Final PreTrial Order Jury Selection
Trial Procedure Bill of Costs
Conflicts of Interest
So that the Court may determine potential conflicts of interest, all counsel for non-governmental parties must disclose interested parties and affiliates in accord with the Federal Rules of Civil Procedure 7.1.
Counsel shall provide updated information as necessary throughout the perdency of the action. Additionally, counsel shall list all parties in the caption of pleadings so that Judge Reagan can assess whether any cause exists for disqualification.
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Motion Practice
Discovery-related and non-dispositive motions are handled by the Magistrate Judge assigned to the case. Judge Reagan rules on all dispositive motions and motions to continue trial settings.
- Pleadings
All pleadings must be filed with the Clerk’s Office, but courtesy copies of motions (designated as such) may be sent directly to Judge Reagan’s chambers.
- Responses & Replies
In accord with Local Rule 7.1(c) Judge Reagan allows 30 days for parties to file (not mail) memoranda responding to dispositive motions, post-trial motions, and motions to remand. For motions other than these, Local Rule 7.1(g) governs response deadlines and supporting brief requirements.
Responsive memoranda can be no longer than 20 pages, unless written leave of Court is obtained. Reply briefs are strongly discouraged. If filed, reply briefs may be no longer than 5 pages and must be filed within 10 days of service of the response. See Local Rule 7.1(c).
- Oral Argument
If Judge Reagan believes oral argument is necessary, his Courtroom Deputy will notify all parties of the hearing date.
- Teleconferences
If a teleconference is scheduled by the Court, counsel are responsible for setting up the teleconference with a professional teleconference provider. The cost of this service shall be shared by the parties equally.
- Motions in Limine
Motions in limine must be filed no later than 10 business days before the Final PreTrial Conference. Responses to motions in limine must be filed no later than 5 business days before the Final PreTrial Conference. If no Final PreTrial Conference will be held in the case, all Motions in limine must be filed no later than 21 days prior to trial, and responses there to must be filed no later than 14 days prior to trial.
- Daubert Motions
All "Daubert" motions (seeking to exclude expert testimony/evidence) must be filed by the dispositive motion deadline not the motion in limine deadline.
- Motions to Dismiss
In any dismissal motion filed before Judge Reagan, the movant must clearly state: (1) the specific section under which dismissal is sought, i.e., not just "Rule 12(b)" but "Rule 12(b)(1)" or "Rule 12(b)(6)," etc.; (2) whether dismissal is sought of the entire case or just certain parties or claims; and (3) whether dismissal is sought with prejudice or without prejudice.
- Motions to Remand
See Local Rule 7.1(c).
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Final PreTrial Order
- Final PreTrial Order
Counsel shall prepare a Final PreTrial Order using Judge Reagan’s approved form. This form is different from Final PreTrial Orders used by other judges. It is also mandatory.
In accordance with Local Rule 16.2(b)(1), the parties shall submit a signed, joint Final PreTrial Order no later than 3 business days prior to the Final PreTrial Conference. In certain cases, the Court will permit counsel to simply submit the proposed Final Pretrial Order at the Final Pretrial Conference. (Counsel may contact the assigned law clerk to determine the proper deadline for a particular case.) In either situation, counsel shall e-mail the Final PreTrial Order to Judge Reagan's proposed document in-box at the following address: MJRpd@ilsd.uscourts.gov. Additionally, counsel should notify the appropriate law clerk (by telephoning 618/482-9225 and asking for the law clerk assigned to the case) that the proposed Final PreTrial Order has been e-mailed to Judge Reagan's proposed document in-box.
- Jury Instructions
Each party must submit a complete set of jury instructions to the Court no later than two business days prior to the commencement of trial, unless directed otherwise by the Court in a particular case. Jury instructions are not filed with the Clerk of the Court. Rather, they are submitted to Judge Reagan's chambers to the Law Clerk assigned to the particular case.
Instructions should be printed on bond paper, 8.5" by 11". Text should not be in all capital letters.
Each instruction should be submitted both in "marked" and "clean" form. The clean instructions should contain only the text of the instructions itself and should not contain any other writing, not even "Instruction No.___." The marked instruction should contain the text of the instruction (with no heading) but should include at the bottom of the instruction the name of the party submitting it (e.g., Plaintiff's Proposed Instruction No. 1") and a reference to the source of the instruction (i.e., "IPI 1.01"). Counsel should designate the instruction as modified (e.g., "IPI 1.01 MODIFIED") if the instruction has been modified in any way whatsoever.
Counsel should paperclip each marked instruction to the corresponding clean instruction (placing the marked instruction on top). So, for example, the marked version of Defendant's Proposed Instruction No. 1 should be clipped to the clean version of Defendant's Proposed Instruction No. 1, and so forth.
The instructions also must be submitted via disk formatted in WordPerfect v9 or compatible word processing format. The Court will prepare a chart listing each tendered instruction and leave a spot for counsel to mark the Court's ruling on each instruction.
Note: In appropriate civil cases, jurors are given a list of definitions in their notebooks. Examples of defined terms include admissions, complaint, deposition, plaintiff, and side-bar.
- Mandatory Exhibit List
The parties shall prepare an Exhibit List using Judge Reagan’s approved form (a revision of AO Form 187).
Using the form, each party shall state the number and give a brief description of each exhibit they expect to present at trial. The Plaintiff’s exhibits should be pre-marked and numbered as Plaintiff’s Exhibit 1, Plaintiff’s Exhibit 2, et seq. Defendant’s Exhibits should be pre-marked and numbered as Defendant’s Exhibit 1, Defendant’s Exhibit 2, et seq. Letters should not be used to identify exhibits, unless the letter designates a sub-part of a numbered exhibit (e.g., Defendant’s Exhibit 17A & 17B).
Counsel shall tender a hard copy of their Exhibit List to Courtroom Deputy Annie McGraw on the morning of the first day of trial along with a copy on disk formatted in WordPerfect v9 or a compatible word processing program.
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Jury Selection
- Jury Questionnaires
Jury questionnaires click here are completed by each venireman before being placed on a venire panel. The completed questionnaires are placed in binder notebooks according to venire number and provided to each party before jury selection begins. Questionnaires must be returned to Courtroom Deputy Annie McGraw after the jury is selected. Questionnaires are confidential and may not be retained by any party.
- Venire Panel Seating Chart
Before jury selection begins, a seating chart/diagram is prepared by the Court. The diagram lists the names and numbers of each of the 18 venireman in the jury box and the gallery and is provided to each party for use during jury selection. During voir dire, each venireman wears a number which corresponds to the numbers on the diagram.
- Voir Dire
Judge Reagan conducts preliminary voir dire which includes many of the basic questions such as residence, employment, and prior jury service. Counsel need not submit proposed voir dire questions in writing to Judge Reagan prior to the trial. These questions may include those which a party would rather the Judge ask instead of counsel. After the Court concludes its preliminary questioning, each party may participate in voir dire separately.
- Selection Methodology
The jury is selected outside the presence of the venire, in open court. Challenges for cause are entertained first. Then the parties will be permitted to caucus privately before the striking process begins.
Generally, each side is given 3 peremptory strikes. A coin toss determines which side strikes first. If there are multiple plaintiffs or defendants, the parties may move for additional strikes. Backstriking and carryovers are not allowed. At the Final PreTrial Conference Judge Reagan will explain thoroughly his method for selecting the jury.
Eight jurors will be chosen. Two jurors are considered alternates, and their identity is not disclosed. In its discretion, the Court may allow an additional challenge per party for the alternates. However, all jurors, including alternates, who remain at the end of closing arguments will participate in deliberations pursuant to Federal Rule of Civil Procedure 48.
- Jurors
Jurors are permitted to take notes during trial and may refer to them during deliberations. As a general rule, jurors are not permitted to question witnesses. In certain civil cases, however, Judge Reagan may permit jurors to submit written questions for the Court to ask of witnesses. This procedure will be discussed with counsel at the final pretrial conference.
- Assessment of Jury Costs
In accord with Local Rule 54.1 of this Court, Judge Reagan may asses juror costs (including per diem and mileage expenses) against one or more parties, if they failed to to advise the Court of the settlement of a case prior to 3:00 p.m. on the last full business day before trial was scheduled to commence.
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Trial Procedure
- Firm Trial Dates
Trial dates are firmly set by the Court. Motions to continue are not well taken. If an attorney has a trial setting in another jurisdiction on the same date, the Southern District trial setting will remain set until the week before trial. If the other case is older, or circumstances require that it be tried first, the Southern District case will be placed on a backup docket. Any case on the backup docket will be called up for trial at the Court’s next availability. Generally, parties will receive at least 24 hours notice before trial begins, depending on the length of the trial, complexity of the case, and location of the witnesses. Counsel may contact the Law Clerk assigned to their case to monitor the chances of their case being called out to trial.
Also note that criminal cases are tried before civil cases. If a criminal case is called out for trial the same day a civil case is set, the civil case will be placed on the backup docket. If multiple civil cases are set to begin trial the same day, the Court will call the oldest case out first, followed by the next oldest, and so on. The Court may also transfer the case for trial to an available district judge.
- Trial Hours
Trials generally begin at 9:00 a.m., although a different time may be specified by Order or Notice in a given case.
Especially as to jury trials, the Court makes every effort to conclude each day by 4:30 p.m., so the jurors may travel back to their homes. In trials that proceed 9:00 a.m. to 4:30 p.m. daily, an hour lunch break is taken around noon. Typically, a 15-minute morning break and at least one 15-minute afternoon break will be taken. Motions, jury instruction conferences, and other matters may be handled with counsel prior to 9:00 a.m. or after 4:30 p.m., as directed by Judge Reagan.
- Attorney Conference Rooms
A conference room (Room 213) is available adjacent to Judge Reagan’s courtroom for attorney-client or attorney-witness consultation. Please see Judge Reagan's Courtroom Security Officer for access.
- Attorney Availability During Jury Deliberation
Counsel should furnish the Courtroom Deputy with a telephone, cellular phone, or pager number where they can be reached when the jury indicates it has reached a verdict or when the jurors have a question that needs a response from the Court. Counsel should be able to arrive in the courtroom within no more than fifteen minutes after being contacted by the Court.
- Post-Verdict Juror Interviews
Counsel may not question jurors after a verdict has been reached, without prior approval of the court.
- Courtroom Audio System
An audio system installed in Judge Reagan's courtroom transmits live audio from the courtroom to Judge Reagan's Chambers. Attorneys, witnesses, and anyone attending court proceedings should be aware that, unless the microphones near them are deactivated, their statements may be heard in chambers.
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Bill of Costs
Federal Rule of Civil Procedure 54(d)(1) provides that costs (other than attorneys' fees) shall be allowed "as of course" to the prevailing party, unless the District Court otherwise directs. Rule 54(d)(1) further provides that such costs may be taxed by the Clerk of Court "on one day's notice." In Judge Reagan's cases, opposing counsel generally will be allowed ten days (from the date the Bill of Costs is filed in this Court) in which to file any objections thereto. If no objections are filed within the ten-day period, the Clerk of Court will tax the appropriate costs. If objections are timely filed, the matter will be reviewed and resolved by Judge Reagan.
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