Trial Information (Criminal and Civil) General Trial Procedures, Venire and Voir Dire, Preliminary Jury Instructions and Juror Notetaking, Opening Statements, Examination of Witnesses/Objections/Marking of Exhibits, Depositions, Jury Instructions and Procedures, Closing Arguments, Prohibition on any Communication with Jurors Before, During and After Trial

A presumptive trial month will be assigned shortly after a case is filed. A specific trial date will be assigned at the Final Pre-trial Conference. Criminal cases take precedence over civil cases, and therefore, civil trials will be given trial dates conditioned upon Judge Stiehl's criminal docket.

2. Venire and Voir Dire

In general, Judge Stiehl does not use a jury questionnaire. The parties may seek to have such a questionnaire submitted if the case involves novel issues of law, or is overly complex.

Judge Stiehl conducts all of the voir dire. The parties may submit proposed voir dire questions for Judge Stiehl to use during questioning of the panel, but it is not necessary to submit standard voir dire questions. At the end of his voir dire, the parties may suggest follow-up questions to Judge Stiehl for his consideration.

At the conclusion of the voir dire, the Court will entertain any challenges for cause, followed by peremptory challenges. In criminal cases, the peremptory challenges are executed by the government exercising one strike, the defense two, and so on until all strikes are exhausted, or until the jury has been selected. Additional challenges will be exercised thereafter as to the alternates, under the same strike method as previously described.

In civil cases, challenges shall be exercised individually in alternate fashion. All jurors seated in civil cases shall deliberate on the verdict, unless excused for cause.

There is no back striking: if a panel member is passed during the exercising of strikes, he or she is accepted by the party.

3. Preliminary Jury Instructions and Juror Notetaking

The Court will give the jury preliminary jury instructions. It is not necessary for the parties to submit these preliminary instructions as part of the proposed jury instruction packet.

Jurors are permitted to take notes during trial for use during their deliberations. The Court will advise the jurors during the preliminary jury instructions on the use of these notes.

4. Opening Statements

The Court does not restrict the time counsel has for opening statements, but will require the parties to stay close to the time initially sought. Exhibits may not be used during opening statements unless admitted by the Court. This includes any electronic demonstrative aides.

Opening statements, examination of witnesses and closing arguments must all be made from the counsel table or from the podium.

5. Examination of Witnesses/Objections/Marking of Exhibits

The Court does not permit counsel to stroll around the well of the Courtroom during the trial. Examination must be made from the podium or counsel table. If counsel seeks to examine a witness with an exhibit, it must be marked before being given to the witness and shown to opposing counsel.

If it develops that an exhibit must be marked during trial, it should be handed to the courtroom deputy, not the court reporter, for marking.

Exhibits are to be pre-marked by number, not letter identifications. Group exhibits are discouraged, but if they must be used, they should have an exhibit number, followed by a letter distinguishing each separate part of the group exhibit. Each party is responsible for preparing, before trial, an exhibit list. For a sample of an exhibit list, link to "Exhibit Lists." Publication of exhibits will be handled by the Court on an exhibit by exhibit basis. Counsel should move for admission of the exhibit contemporaneously with the testimony which establishes its admissibility. Exhibits which are admitted become the property of the Courtroom Deputy and are part of the record. They are to be placed on the exhibit table which is located at the side of the bench.

All exhibits which are admitted into evidence (with the exception of controlled substances, firearms, ammunition, currency or any overly large exhibits) will be sent to the jury room for the jury's deliberation at the close of the case. After the case is concluded, it is the practice of the Clerk's Office to return exhibits to trial counsel, who are responsible for preserving the exhibits for purposes of appeal.

Counsel need not seek permission from the Court to approach a witness to hand him or her an exhibit. You may simply hand the witness the exhibit and then immediately return to the podium or to counsel table to resume your examination of the witness.

The Court does not allow speaking objections. If you have an objection, stand, make the objection and state the legal grounds on which the objection is made. If argument is required on the objection, please ask permission to approach the sidebar for any substantive argument on the objection. The Court may grant the request for sidebar, or deny it as it sees fit.

When a party is represented by more than one attorney, only one will be allowed to conduct the direct and cross examination of any witness, and make any objections during opposing counsel's examination. There will be no "tag-team" examinations or objections permitted.

Re-cross examination normally will not be permitted, unless opposing counsel on re-direct introduces or elicits some new matter.

6. Depositions

Objections to any part of deposition testimony, video or transcribed, which the parties seek to use during trial are to be resolved before the trial. The parties are to confer about objections and attempt to resolve them. Any matters to which there is no agreement are to be submitted to the Court before trial. It is the responsibility of the offering party to ensure that all matters stricken by the Court are redacted before being shown or read to the jury.

7. Jury Instructions and Procedures

In accordance with the Court's directions at the Final Pretrial Conference, the parties are to submit to Chambers all proposed jury instructions and a completed Jury Instruction Order Form listing the instruction by number, the authority for the instruction and any objections, with authority. Judge Stiehl uses the patterned Seventh Circuit Jury Instructions in criminal cases, and the Illinois Approved Instructions in civil cases involving matters of Illinois law. Other instructions may be tendered, as needed, if there is not an adequate instruction available in these patterned instructions.

Each party is to submit three marked copies and one clean copy of each instruction. All marked jury instructions are to be double spaced, with the tendered number and the authority at the bottom of the instruction. A clean copy contains only the language of the instruction without any identifying marks. In addition to paper copies, the parties shall bring their proposed instructions on a disk, in WordPerfect compatible format.

At the close of all the evidence, the Court will hold a jury instruction conference. The Court will follow the prepared jury instruction order and will address the tendered instructions and any objections listed on the order form. A copy of the jury instruction order format may be downloaded by linking to "Jury Instruction Order." A copy of the directions for preparing the jury instructions order may be downloaded by linking to "Instructions for Preparing Jury Instruction Order."

The Court instructs the jury before closing arguments.

8. Closing Arguments

The Court will limit the time given to each side for closing arguments. The length of closings will be determined at the close of all the evidence.

9. Prohibition on any Communication with Jurors Before, During and After Trial

All effort must be made to avoid any communication by counsel or witnesses with jurors before or during the trial and during deliberation. Any communication must be immediately reported to the Court. In addition, the Court does not permit counsel to contact the jurors after their verdict has been returned.

Return to Judges