Motion Practice   No Final PreTrial Conference   "Speedy Trial" Waivers
Jury Instructions   Jury Selection   Trial Procedure   Mandatory Exhibit List  
Correspondence with Court   Sentencing & Related  

Motion Practice

• Motion to Dismiss, Motion to Suppress, Motion in Limine
  Generally, motions to dismiss indictments and motions to suppress evidence will be set for hearing. If Judge Reagan determines that a hearing is needed on other motions, the Courtroom Deputy will notify counsel.   

Motions to dismiss indictments and motions to suppress evidence must be filed with a supporting memorandum. The supporting memorandum may be combined with the motion in a single pleading or filed separately. 

Motions in limine may (but need not) be filed with supporting memorandum or highlighted caselaw. As mentioned above, motions to suppress must be filed by the deadline imposed in the Magistrate Judge's Order for PreTrial Discovery. Counsel are cautioned that this is an early deadline (usually, such motions must be filed within twenty-one days of arraignment).

By contrast, motions in limine in criminal cases must be filed in the Clerk's Office of the Court no later than 14 business days prior to trial. Responses to motion in limine must be filed with the Clerk's Office no later than 7 business days prior to trial.

Cognizant of the Seventh Circuit's concerns regarding the issuance of rulings on motions in limine on the morning trial commences, see e.g., United States v. Buckner, 91 F.3d 34 (7th Cir. 1996), this Court will attempt to rule on such motions in advance of trial. At times, however, it may be necessary to reserve ruling on motions in limine. The Court will set a hearing where helpful or necessary for resolution of the issues raised by the motions in limine.

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No Final PreTrial Conference

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"Speedy Trial" Waivers

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Jury Instructions

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.

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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 venireman in the jury box and the gallery (usually 36 in number), and is provided to each party for use during jury selection. (Additional veniremen may be ordered if circumstances require.) During voir dire, each venireman wears a number which corresponds to the number on the diagram.
     
• Voir Dire
  Judge Reagan conducts preliminary voir dire which includes many of the basic questions each party usually asks. Counsel may, but need not, submit proposed voir dire questions prior to 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. Generally, 14 jurors will be chosen. Challenges for cause are entertained first. Then the parties will be permitted to caucus privately before the striking process begins. Peremptory strikes will be allowed according to Federal Rule of Criminal Procedure 24(b), with the Government making the first strike. Strikes for alternate jurors are allowed according to Federal Rule of Criminal Procedure 24(c). No carryovers are allowed, and no backstriking is allowed.
     
• Jurors
  Jurors are permitted to take notes during trial but are not permitted to question witnesses.

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Trial Procedure

• Firm Trial Dates
  The Court sets and enforces firm trial dates. If a criminal case is not reached for trial on the date originally set, a new firm trial date will be set in compliance with the Speedy Trial Act. The Court places upon the Government the obligation to determine includable and excludable days in making Speedy Trial Act calculations.
     
• 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.

• Courtroom Audio System
  A conference room (Room 213alled 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.  

• Attorney Conference Rooms
  A conference room (Room 213) is available adjacent to Judge Reagan’s courtroom for attorney-client and attorney-witness consultation. Please see the Courtroom Security Officer for access.

From time to time , a second conference room adjacent to Judge Reagan's courtroom (normally used as a student intern office) can be made available during trials or hearings. The Courtroom Security Officer or Law Clerk assigned to your case can advise you if this room is available for your use.

• Attorney Availability During Jury Deliberation
  Counsel should furnish the Law Clerk or 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 no more than fifteen minutes after being contacted by the Court.
     
• Post-Verdict Juror Interviews
  Counsel may not questions jurors after a verdict has been reached without prior approval of the court.

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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 Government’s exhibits should be pre-marked and numbered as USA’s Exhibit 1, USA’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© 9 or a compatible word processing program.

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Correspondence with the Court

Absent exigent or special circumstances, Defendants in criminal cases are not to correspond with or send letters directly to Judge Reagan. All communication with Judge Reagan should be made through counsel or in open Court.

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Sentencing & Related

Federal Rule of Criminal Procedure 32 sets deadlines for the submissions of Presentence Reports ("PSR"s) and the filing of objections thereto. For instance, Rule 32(f)(1) provides that parties must object in writing within 14 days of receiving the PSR. Judge Reagan strictly adheres to this requirement in his cases. Rule 32 does not specifically address when counsel must file any response to the objections to the PSR. Unless directed otherwise in a particular case, Judge Reagan requires counsel to file and serve responses to objections to the PSR within 7 calendar days of receiving the objections.

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