The court will set all cases for an initial status or scheduling conference within 60 days of the filing of the complaint. At the initial status conference, the parties should be prepared to inform the court of the status of service and report on the possibility of early settlement. A scheduling conference will be usually set at the initial status. [See Proposed Scheduling Order] 

The court recognizes that in some cases, the initial status conference will take place before defendants have filed responsive pleadings. The court, however, expects all defendants who have been served to participate in this process regardless of whether they have yet filed a responsive pleading.

Counsel participating in any manner in the case are required to have filed an appearance (and shall not rely on the appearance of one or more members of the attorney’s law firm) before the date of their appearance in court. See Local Rule 83.16.

The court will set all cases for an initial status or scheduling conference within 60 days of the filing of the complaint. At the initial status conference, the parties should be prepared to inform the court of the status of service and report on the possibility of early settlement. A scheduling conference will be usually set at the initial status. [See Proposed Scheduling Order] 

The court recognizes that in some cases, the initial status conference will take place before defendants have filed responsive pleadings. The court, however, expects all defendants who have been served to participate in this process regardless of whether they have yet filed a responsive pleading.

Counsel participating in any manner in the case are required to have filed an appearance (and shall not rely on the appearance of one or more members of the attorney’s law firm) before the date of their appearance in court. See Local Rule 83.16.

Civil motions will be heard Wednesday at 9:45 a.m.

Criminal motions will be heard Wednesday, at 9:15 a.m.

No notice of motion is required.

No courtesy copy is required unless specifically requested.

Joint, uncontested, and agreed motions

shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet, counsel are expected to appear in court, even on an agreed motion.

All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading.

Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest.

Motions to reconsider

should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example, Whitten v. ARS Nat’l Servs., Inc., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002).

Motion for Leave to Cite Additional Authority.  A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains.  No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests.

Civil motions will be heard Wednesday at 9:45 a.m.

Criminal motions will be heard Wednesday, at 9:15 a.m.

No notice of motion is required.

No courtesy copy is required unless specifically requested.

Joint, uncontested, and agreed motions

shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet, counsel are expected to appear in court, even on an agreed motion.

All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading.

Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest.

Motions to reconsider

should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example, Whitten v. ARS Nat’l Servs., Inc., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002).

Motion for Leave to Cite Additional Authority.  A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains.  No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests.

Settlement Agreements

In connection with any settled matter in which counsel desire to have this court retain jurisdiction to enforce any future obligations under the settlement agreement, the parties' stipulation for dismissal of the action with such retention of jurisdiction must not refer to dismissal "with prejudice" (see Blue Cross v. Am. Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006); and Lynch v. SamataMason, Inc., 279 F.3d 487 (7th Cir. 2002)).

Settlement Agreements

In connection with any settled matter in which counsel desire to have this court retain jurisdiction to enforce any future obligations under the settlement agreement, the parties' stipulation for dismissal of the action with such retention of jurisdiction must not refer to dismissal "with prejudice" (see Blue Cross v. Am. Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006); and Lynch v. SamataMason, Inc., 279 F.3d 487 (7th Cir. 2002)).

Unless specifically authorized, or [unless all counsel agree that a letter is the appropriate form of communication under the circumstances] neither counsel nor pro se litigants may communicate about a case by letter to Judge Lefkow. All communications must be made in the form of a motion, brief, or a status report, served on opposing counsel. Unless specifically authorized, or [unless all counsel agree that a letter is the appropriate form of communication under the circumstances] neither counsel nor pro se litigants may communicate about a case by letter to Judge Lefkow. All communications must be made in the form of a motion, brief, or a status report, served on opposing counsel.

Parties are reminded that there is no "order" in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. All motions to compel must comply with Fed. R. Civ. P. 37(a)(2). Certification required by the rule shall be made separately from the text of the motion and shall set out specific actions taken towards resolution. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay or extension of discovery. Parties are reminded that there is no "order" in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. All motions to compel must comply with Fed. R. Civ. P. 37(a)(2). Certification required by the rule shall be made separately from the text of the motion and shall set out specific actions taken towards resolution. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay or extension of discovery.

Counsel are reminded that a motion for summary judgment, if denied, imposes additional, avoidable cost on the client. See George v. Am. Airlines, Inc., 378 F. Supp. 2d 870 (N.D. Ill. 2005). Before a motion for summary judgment is due, the court will set a status hearing to inquire whether the case is truly appropriate for summary disposition. At that status hearing, the parties, having exchanged offer and demand letters, shall be prepared to report on the possibility of settlement. If settlement is not reached or reachable, the movant shall be prepared to identify the legal issues on which judgment as a matter of law would rest, the essential undisputed facts, and the reasoning why these facts entitle the movant to judgment. Where summary disposition appears unlikely, counsel will be asked what advantage is gained by proceeding under Rule 56 as opposed to Rule 50(a). See George, 378 F. Supp. 2d at 871 ("[D]efense counsel lose nothing by going to trial: If they are right in viewing their client’s position as a slam dunk, they can prevail via Rule 50(a) motion at the close of plaintiff’s case . . . ."), and they should have a response that is grounded in the economics from the viewpoint of the movant’s client. The parties should expect to be referred to a magistrate judge for settlement discussions before filing a motion for summary judgment.

The court disfavors motions to strike that routinely accompany summary judgment briefs. Motions to strike needlessly complicate and prolong the summary judgment process. If a responding party believes a statement of fact, document or other item submitted in connection with a motion for summary judgment is inadmissible, the party shall object within the Local Rule 56.1 statement and may briefly so argue within the response brief or reply brief.

Counsel are reminded that a motion for summary judgment, if denied, imposes additional, avoidable cost on the client. See George v. Am. Airlines, Inc., 378 F. Supp. 2d 870 (N.D. Ill. 2005). Before a motion for summary judgment is due, the court will set a status hearing to inquire whether the case is truly appropriate for summary disposition. At that status hearing, the parties, having exchanged offer and demand letters, shall be prepared to report on the possibility of settlement. If settlement is not reached or reachable, the movant shall be prepared to identify the legal issues on which judgment as a matter of law would rest, the essential undisputed facts, and the reasoning why these facts entitle the movant to judgment. Where summary disposition appears unlikely, counsel will be asked what advantage is gained by proceeding under Rule 56 as opposed to Rule 50(a). See George, 378 F. Supp. 2d at 871 ("[D]efense counsel lose nothing by going to trial: If they are right in viewing their client’s position as a slam dunk, they can prevail via Rule 50(a) motion at the close of plaintiff’s case . . . ."), and they should have a response that is grounded in the economics from the viewpoint of the movant’s client. The parties should expect to be referred to a magistrate judge for settlement discussions before filing a motion for summary judgment.

The court disfavors motions to strike that routinely accompany summary judgment briefs. Motions to strike needlessly complicate and prolong the summary judgment process. If a responding party believes a statement of fact, document or other item submitted in connection with a motion for summary judgment is inadmissible, the party shall object within the Local Rule 56.1 statement and may briefly so argue within the response brief or reply brief.

Compliance with Local Rule 56.1 is expected. Before preparing a statement of uncontested material facts under Rule 56.1(a), counsel are expected to read Malec v. Sanford, 191 F.R.D. 581, 583-85 (N.D. Ill. 2000); and Buttron v. Sheehan, 2003 WL 21801222 (N.D. Ill. Aug. 4, 2003), for guidance away from the pitfalls that tend to provoke motions to strike, which add unnecessarily to the cost and burden of the litigation. Compliance with Local Rule 56.1 is expected. Before preparing a statement of uncontested material facts under Rule 56.1(a), counsel are expected to read Malec v. Sanford, 191 F.R.D. 581, 583-85 (N.D. Ill. 2000); and Buttron v. Sheehan, 2003 WL 21801222 (N.D. Ill. Aug. 4, 2003), for guidance away from the pitfalls that tend to provoke motions to strike, which add unnecessarily to the cost and burden of the litigation.

A memorandum of law that exceeds the 15-page limit of Local Rule 7.1 may be stricken without advance notice to the filer. The parties are expected to make diligent effort to conform to the page limit and file a motion for leave to file an oversized brief only where cause can be demonstrated. Parties are encouraged to include hyperlinks to reported cases, statutes, docket entries, and exhibits referred to in their memoranda of law. Please see http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf for directions on how to include hyperlinks in filings.

A memorandum of law that exceeds the 15-page limit of Local Rule 7.1 may be stricken without advance notice to the filer. The parties are expected to make diligent effort to conform to the page limit and file a motion for leave to file an oversized brief only where cause can be demonstrated. Parties are encouraged to include hyperlinks to reported cases, statutes, docket entries, and exhibits referred to in their memoranda of law. Please see http://www.ned.uscourts.gov/internetDocs/cmecf/hyperlinking_attorneys_word.pdf for directions on how to include hyperlinks in filings.

Parties must attach to their memoranda copies of any cited authority that is unpublished in the West National Reporter System and unavailable on Westlaw.

Citations should substantially conform to the format prescribed in "A Uniform System of Citation ("the Bluebook"). Illinois cases should be cited to both N.E.2d and Ill. App. reports, and citations should indicate the district of decision. All citations should include a pin-point citation to the precise page on which the language appears.

Parties must attach to their memoranda copies of any cited authority that is unpublished in the West National Reporter System and unavailable on Westlaw.

Citations should substantially conform to the format prescribed in "A Uniform System of Citation ("the Bluebook"). Illinois cases should be cited to both N.E.2d and Ill. App. reports, and citations should indicate the district of decision. All citations should include a pin-point citation to the precise page on which the language appears.

Courtesy copies of exhibits in support of or in opposition to a motion for summary judgment should be bound on the left side and shall include protruding tabs. Courtesy copies of exhibits in support of or in opposition to a motion for summary judgment should be bound on the left side and shall include protruding tabs.

Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to provide a cover sheet to the deposition stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in, or relationship to, the pending litigation (e.g., "John Doe, plaintiff’s human resources manager" or "Jane Doe, plaintiff’s union representative.") Also, parties are to provide the court with an entire transcript of deposition testimony submitted in support of their respective positions if not particularly voluminous (i.e., under 100 pages, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page). If the entire transcript cannot be submitted in accordance with the above-stated limitation, parties are to provide at least ten pages of testimony before and after the proffered testimony. Parties submitting deposition testimony in support of or in opposition to summary judgment motions are to provide a cover sheet to the deposition stating the name of the witness, the date of the deposition, and the deponent’s title and/or role in, or relationship to, the pending litigation (e.g., "John Doe, plaintiff’s human resources manager" or "Jane Doe, plaintiff’s union representative.") Also, parties are to provide the court with an entire transcript of deposition testimony submitted in support of their respective positions if not particularly voluminous (i.e., under 100 pages, preferably in the condensed transcript format where multiple deposition transcript pages are reduced to one page). If the entire transcript cannot be submitted in accordance with the above-stated limitation, parties are to provide at least ten pages of testimony before and after the proffered testimony.

This court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone from the Courtroom Deputy. This court urges parties to undertake settlement negotiations at the earliest practicable point in the litigation. Parties who desire a settlement conference should request one in open court or by telephone from the Courtroom Deputy.

The court strongly encourages counsel to inform their clients of the benefits of having their cases tried before United States Magistrate Judges. 

Magistrate Judge Consent Form The court strongly encourages counsel to inform their clients of the benefits of having their cases tried before United States Magistrate Judges. 

Magistrate Judge Consent Form

Upon notification of the filing of a bankruptcy appeal, the court will set a briefing schedule on the appeal and will inform counsel of such by way of minute order. Upon notification of the filing of a bankruptcy appeal, the court will set a briefing schedule on the appeal and will inform counsel of such by way of minute order.

Unless otherwise specified by Judge Lefkow, in preparing the Final Pretrial Order, follow the form specified in the final pretrial order appended to Local General Rule 16.1 and Form Local Rule 16.1.1.

(A) All instructions contained within the Final Pretrial Order must be followed. The submissions in the pretrial materials will be binding on the parties at trial. If any counsel believes that any of the instructions allow for any part of the Pretrial Order to be deferred until after the submission date, counsel shall file a motion seeking leave of court for such deferral.

(B) To prepare the pretrial materials required for the Final Pretrial Order, counsel for all parties are directed to meet in order to (1) reach any possible stipulations narrowing the issues of law and fact; (2) identify non-stipulated issues of law and fact; and (3) identify documents that will be offered in evidence.

(C) Plaintiff has the responsibility to initiate conferences, to prepare the initial draft of pretrial materials, and to ensure that timely completion occurs. Defendant has the responsibility to work cooperatively with opposing counsel to the same end, and where counterclaims or affirmative defenses are pled, the defendant has the initiating responsibility and plaintiff the responding responsibility.

Counsel’s meeting shall be held sufficiently in advance of the submission date to permit thorough preparation of the pretrial materials.

(D) The judge will issue an order in advance of the pretrial order due date, similar to that reproduced below:

"Plaintiff shall serve a draft of the final pretrial order on defendant by [date]. Defendant shall serve a draft of the final pretrial order on plaintiff by [date]. Any pretrial materials, including the Joint Final Pretrial Order, and any motions in limine, fully briefed, are due by [date]. Parties shall indicate in the pretrial order which motions in limine are disputed and which are not. The parties are directed to bring with them to the pretrial conference copies of any disputed exhibits.

Unless otherwise specified by Judge Lefkow, in preparing the Final Pretrial Order, follow the form specified in the final pretrial order appended to Local General Rule 16.1 and Form Local Rule 16.1.1.

(A) All instructions contained within the Final Pretrial Order must be followed. The submissions in the pretrial materials will be binding on the parties at trial. If any counsel believes that any of the instructions allow for any part of the Pretrial Order to be deferred until after the submission date, counsel shall file a motion seeking leave of court for such deferral.

(B) To prepare the pretrial materials required for the Final Pretrial Order, counsel for all parties are directed to meet in order to (1) reach any possible stipulations narrowing the issues of law and fact; (2) identify non-stipulated issues of law and fact; and (3) identify documents that will be offered in evidence.

(C) Plaintiff has the responsibility to initiate conferences, to prepare the initial draft of pretrial materials, and to ensure that timely completion occurs. Defendant has the responsibility to work cooperatively with opposing counsel to the same end, and where counterclaims or affirmative defenses are pled, the defendant has the initiating responsibility and plaintiff the responding responsibility.

Counsel’s meeting shall be held sufficiently in advance of the submission date to permit thorough preparation of the pretrial materials.

(D) The judge will issue an order in advance of the pretrial order due date, similar to that reproduced below:

"Plaintiff shall serve a draft of the final pretrial order on defendant by [date]. Defendant shall serve a draft of the final pretrial order on plaintiff by [date]. Any pretrial materials, including the Joint Final Pretrial Order, and any motions in limine, fully briefed, are due by [date]. Parties shall indicate in the pretrial order which motions in limine are disputed and which are not. The parties are directed to bring with them to the pretrial conference copies of any disputed exhibits.

A final pretrial conference is held prior to all trials. Each party shall be represented by the attorneys who will try the case (unless before the conference the court grants permission otherwise). These attorneys shall have authority and be fully prepared to discuss all aspects of the case, including settlement and resolution of all disputes in the pretrial materials. Trial procedures and final scheduling will also be discussed at that time.

Counsel participating in any manner of the case, including settlement and pretrial conferences, are required to have filed an appearance (and shall not rely on the appearance of one or members of the attorney’s law firm) before the date of said conference. All attorneys who participate in the trial of the case shall ensure that an appearance has been filed and shall comply with the trial bar requirements of Local Rule 83.11.

At the time of the final pretrial conference, parties who anticipate requesting a daily or hourly transcript of the trial should relay this information to Judge Lefkow’s courtroom deputy, Amanda Scherer, who can advise the parties of the court reporter scheduled for the trial. If advance arrangements are not made, the reporter may not be able to accommodate such a request once the trial has begun.

 

A final pretrial conference is held prior to all trials. Each party shall be represented by the attorneys who will try the case (unless before the conference the court grants permission otherwise). These attorneys shall have authority and be fully prepared to discuss all aspects of the case, including settlement and resolution of all disputes in the pretrial materials. Trial procedures and final scheduling will also be discussed at that time.

Counsel participating in any manner of the case, including settlement and pretrial conferences, are required to have filed an appearance (and shall not rely on the appearance of one or members of the attorney’s law firm) before the date of said conference. All attorneys who participate in the trial of the case shall ensure that an appearance has been filed and shall comply with the trial bar requirements of Local Rule 83.11.

At the time of the final pretrial conference, parties who anticipate requesting a daily or hourly transcript of the trial should relay this information to Judge Lefkow’s courtroom deputy, Amanda Scherer, who can advise the parties of the court reporter scheduled for the trial. If advance arrangements are not made, the reporter may not be able to accommodate such a request once the trial has begun.

 

Calculating the estimated length of a trial:

            In order that the court’s calendar may be more efficiently managed, please consider the following when calculating the projected length of trials, whether civil or criminal:

            The typical trial day will run from 9:30 a.m. to 4:30 p.m, Monday through Thursday.  Each party should estimate the total number of hours - not days - they will need to present their entire case (opening, direct, cross, redirect, closing), excluding jury selection.  A typical jury “week” will consist of approximately 24 hours of in-court jury time (six-hour trial days).  As to each particular trial, the parties and jury members will be advised of the schedule on a daily basis.  Bench trials may be tried on a more flexible schedule than jury trials.

 

The trial day

 

            The trial day will run as close to the following schedule as practicable:

            9:00 a.m.

            To maximize efficiency and to avoid undue delay to the jurors, preliminary matters will be addressed before the trial day begins.  Counsel should contact the judge’s courtroom deputy as soon as possible the night before, or by 8:00 a.m. in the morning if they anticipate raising any issues before the start of the morning motion call.  If counsel need to address the court outside the presence of the jury before the afternoon session, they should bring this to the courtroom deputy’s attention before the trial adjourns for the lunch break.

            9:30 - 12:30 p.m.

            Morning session.  The trial will commence promptly at 9:30.  Counsel are expected to be on time and ready to proceed. The Court will take a 15 minute break mid-morning.  Counsel should not leave the immediate area of the courtroom and should be read to proceed at the appropriate time.

            1:30 - 4:30 p.m.

            Afternoon session.

Morning/Afternoon Breaks; Lunch

            There will typically be two 15-minute breaks each day – one as close to 10:30 a.m. as practicable, and another at approximately 3:00 p.m.  The lunch break will run from 12:30-1:30, and may be adjusted on a daily basis.  Counsel should pay attention to the timing and be present in the courtroom and ready to proceed when the break is over. 

Courtroom Protocol

            Bar admission.  Counsel participating in the trial of a case shall ensure that an appearance has been filed before the commencement of the trial and shall comply with the trial bar requirements of Local Rule 83.11.  Any lawyer who does not have an appearance on file will not be allowed to participate in the presentation of the case.

 

            Audio/visual equipment.  Judge Lefkow’s courtroom is not equipped with sound or video equipment.  If counsel requires the use of screens, projection units, etc., arrangements can be made in advance of the trial date with the District Court Systems Department at 312-435-6045.  Any equipment should be set up in the courtroom in advance of the trial, and arrangements to do so should be made with the courtroom deputy.  It is important that counsel familiarize themselves with any audio/visual equipment in advance of its use in the courtroom.

 

            Witness examination and objections.  Examination of witnesses will include direct, cross, and redirect.  Any further examination must be by leave of court for good cause shown.

 

            Counsel should stand when questioning witnesses or making an objection so the judge, the jury, and the court reporter can clearly understand what is being said.  When an objection is made in the presence of the jury, counsel is required to identify the basis for the objection (hearsay, irrelevance, etc.).  If a party wishes to argue the objection, counsel are to request a side bar and may not argue the objection in the presence of the jury.

 

            Exhibit books and trial exhibits.   Each party shall prepare an exhibit book (three-ring binder) containing all exhibits that have been admitted pretrial or will be offered during the trial.  Each exhibit shall be pre-marked and the exhibit book correspondingly tabbed.  Three copies of the exhibit book will be provided to the court at commencement of trial.

 

            Exhibits will only be shown to the parties, the Judge, the court reporter, and the witness.  The jury will only be shown an exhibit when there is a clear request on the record to admit into evidence and publish to the jury. 

 

            In order to run a more “green courtroom,” the use of projection equipment is strongly recommended so as to obviate the need to provide paper copies of exhibits for each juror.  Where the parties intend to distribute paper exhibits to the jury during the trial, they must prepare an exhibit book for each juror.  It is not, however, necessary to place all exhibits in the exhibit book.  Rather, only those that are of particular significance to the presentation during examination of a witness need be placed in the exhibit book.  At the end of the trial, the parties may work together to agree on what exhibits are needed during deliberations.

 

            All trial exhibits, binders, easels, etc., are to be removed from the courtroom and/or jury room as soon as practicable after the end of the trial. Any materials remaining after one week will be discarded.

 

            Jury instruction conference.  At a convenient time before closing arguments commence, a jury instruction conference will be held.  In advance of the conference, the parties are to attempt to resolve any disagreements in instructions.  They should bear in mind that the court will likely resolve disputes consistently with the Seventh Circuit’s pattern instructions, or, where applicable, the IPI pattern instructions.  Once the issues are resolved (which may be off the record), the parties will be given the opportunity to place their objections on the record.

 

            Jury instruction should be provided for each juror, plus three additional copies for the Court.  The instructions should not have headers or footers.  All copies of instructions are to be provided before closing arguments take place.  The plaintiff or prosecution should supply all copies of the jury instructions.

 

            One verdict form should be provided to the jury.  It should include the case caption, and one signature line for each juror.  Three additional copies should be provided to the Court. 

 

            Deliberations.  All counsel are directed to supply the courtroom deputy with a telephone number where they can be contacted directly, and from which they can return to the courthouse within 15 minutes of being called.

 

            Questions posed by the jurors during deliberations will be handled, if at all possible, by an on-record conference call with the parties.  That said, however, counsel should still be able to promptly return to the courtroom if such a situation arises.

 

            Transcripts.  If a party or parties anticipate requesting a daily or hourly transcript of a trial that may reasonably be expected to last more than one day, they should contact Judge Lefkow’s courtroom deputy, Amanda Scherer, at least five business days prior to the first day of trial.

Calculating the estimated length of a trial:

            In order that the court’s calendar may be more efficiently managed, please consider the following when calculating the projected length of trials, whether civil or criminal:

            The typical trial day will run from 9:30 a.m. to 4:30 p.m, Monday through Thursday.  Each party should estimate the total number of hours - not days - they will need to present their entire case (opening, direct, cross, redirect, closing), excluding jury selection.  A typical jury “week” will consist of approximately 24 hours of in-court jury time (six-hour trial days).  As to each particular trial, the parties and jury members will be advised of the schedule on a daily basis.  Bench trials may be tried on a more flexible schedule than jury trials.

 

The trial day

 

            The trial day will run as close to the following schedule as practicable:

            9:00 a.m.

            To maximize efficiency and to avoid undue delay to the jurors, preliminary matters will be addressed before the trial day begins.  Counsel should contact the judge’s courtroom deputy as soon as possible the night before, or by 8:00 a.m. in the morning if they anticipate raising any issues before the start of the morning motion call.  If counsel need to address the court outside the presence of the jury before the afternoon session, they should bring this to the courtroom deputy’s attention before the trial adjourns for the lunch break.

            9:30 - 12:30 p.m.

            Morning session.  The trial will commence promptly at 9:30.  Counsel are expected to be on time and ready to proceed. The Court will take a 15 minute break mid-morning.  Counsel should not leave the immediate area of the courtroom and should be read to proceed at the appropriate time.

            1:30 - 4:30 p.m.

            Afternoon session.

Morning/Afternoon Breaks; Lunch

            There will typically be two 15-minute breaks each day – one as close to 10:30 a.m. as practicable, and another at approximately 3:00 p.m.  The lunch break will run from 12:30-1:30, and may be adjusted on a daily basis.  Counsel should pay attention to the timing and be present in the courtroom and ready to proceed when the break is over. 

Courtroom Protocol

            Bar admission.  Counsel participating in the trial of a case shall ensure that an appearance has been filed before the commencement of the trial and shall comply with the trial bar requirements of Local Rule 83.11.  Any lawyer who does not have an appearance on file will not be allowed to participate in the presentation of the case.

 

            Audio/visual equipment.  Judge Lefkow’s courtroom is not equipped with sound or video equipment.  If counsel requires the use of screens, projection units, etc., arrangements can be made in advance of the trial date with the District Court Systems Department at 312-435-6045.  Any equipment should be set up in the courtroom in advance of the trial, and arrangements to do so should be made with the courtroom deputy.  It is important that counsel familiarize themselves with any audio/visual equipment in advance of its use in the courtroom.

 

            Witness examination and objections.  Examination of witnesses will include direct, cross, and redirect.  Any further examination must be by leave of court for good cause shown.

 

            Counsel should stand when questioning witnesses or making an objection so the judge, the jury, and the court reporter can clearly understand what is being said.  When an objection is made in the presence of the jury, counsel is required to identify the basis for the objection (hearsay, irrelevance, etc.).  If a party wishes to argue the objection, counsel are to request a side bar and may not argue the objection in the presence of the jury.

 

            Exhibit books and trial exhibits.   Each party shall prepare an exhibit book (three-ring binder) containing all exhibits that have been admitted pretrial or will be offered during the trial.  Each exhibit shall be pre-marked and the exhibit book correspondingly tabbed.  Three copies of the exhibit book will be provided to the court at commencement of trial.

 

            Exhibits will only be shown to the parties, the Judge, the court reporter, and the witness.  The jury will only be shown an exhibit when there is a clear request on the record to admit into evidence and publish to the jury. 

 

            In order to run a more “green courtroom,” the use of projection equipment is strongly recommended so as to obviate the need to provide paper copies of exhibits for each juror.  Where the parties intend to distribute paper exhibits to the jury during the trial, they must prepare an exhibit book for each juror.  It is not, however, necessary to place all exhibits in the exhibit book.  Rather, only those that are of particular significance to the presentation during examination of a witness need be placed in the exhibit book.  At the end of the trial, the parties may work together to agree on what exhibits are needed during deliberations.

 

            All trial exhibits, binders, easels, etc., are to be removed from the courtroom and/or jury room as soon as practicable after the end of the trial. Any materials remaining after one week will be discarded.

 

            Jury instruction conference.  At a convenient time before closing arguments commence, a jury instruction conference will be held.  In advance of the conference, the parties are to attempt to resolve any disagreements in instructions.  They should bear in mind that the court will likely resolve disputes consistently with the Seventh Circuit’s pattern instructions, or, where applicable, the IPI pattern instructions.  Once the issues are resolved (which may be off the record), the parties will be given the opportunity to place their objections on the record.

 

            Jury instruction should be provided for each juror, plus three additional copies for the Court.  The instructions should not have headers or footers.  All copies of instructions are to be provided before closing arguments take place.  The plaintiff or prosecution should supply all copies of the jury instructions.

 

            One verdict form should be provided to the jury.  It should include the case caption, and one signature line for each juror.  Three additional copies should be provided to the Court. 

 

            Deliberations.  All counsel are directed to supply the courtroom deputy with a telephone number where they can be contacted directly, and from which they can return to the courthouse within 15 minutes of being called.

 

            Questions posed by the jurors during deliberations will be handled, if at all possible, by an on-record conference call with the parties.  That said, however, counsel should still be able to promptly return to the courtroom if such a situation arises.

 

            Transcripts.  If a party or parties anticipate requesting a daily or hourly transcript of a trial that may reasonably be expected to last more than one day, they should contact Judge Lefkow’s courtroom deputy, Amanda Scherer, at least five business days prior to the first day of trial.

Counsel shall use the Pattern Civil Jury Instructions for the Seventh Circuit, copies of which are available on the court’s website (www.ilnd.uscourts.gov). Devitt & Blackmar, Federal Jury Practice and Instructions is the preferred source for state law claims. Verdict forms shall be captioned with the case name and number.

For jury trials, the court will insist on strict compliance with Footnote 10 of paragraph 2(i) of the Final Pretrial Order Form 16.1.1. This provision reads as follows:

Agreed instructions shall be presented by the parties whenever possible. Whether agreed or not, each marked copy of an instruction shall indicate the proponent and supporting authority and shall be numbered. All objections to tendered instructions shall be in writing and include citations of authorities. Failure to object may constitute a waiver of any objection. [Emphasis in original.]

It is the duty of the plaintiff’s counsel to prepare the first draft of jury instructions, keeping in mind that the parties are expected to agree on all instructions other than those about which there is a genuine, material dispute. All parties must confer in good faith to accomplish this goal.

Sufficient copies of jury instructions should be provided for counsel, the entire jury, and two additional copies for the court.

See the judge’s handout on "Trial Preparation and Procedures" for information on trial exhibits.

After completion of the trial, counsel are directed to make arrangements with the judge’s staff for removal of all exhibits, including binders, easels, and any audio/video equipment. The cloak room adjacent to the courtroom is not a storage room for counsel’s trial exhibits after the verdict is returned. Any trial materials not removed within 14 days after the trial is finished will be discarded.

Counsel shall use the Pattern Civil Jury Instructions for the Seventh Circuit, copies of which are available on the court’s website (www.ilnd.uscourts.gov). Devitt & Blackmar, Federal Jury Practice and Instructions is the preferred source for state law claims. Verdict forms shall be captioned with the case name and number.

For jury trials, the court will insist on strict compliance with Footnote 10 of paragraph 2(i) of the Final Pretrial Order Form 16.1.1. This provision reads as follows:

Agreed instructions shall be presented by the parties whenever possible. Whether agreed or not, each marked copy of an instruction shall indicate the proponent and supporting authority and shall be numbered. All objections to tendered instructions shall be in writing and include citations of authorities. Failure to object may constitute a waiver of any objection. [Emphasis in original.]

It is the duty of the plaintiff’s counsel to prepare the first draft of jury instructions, keeping in mind that the parties are expected to agree on all instructions other than those about which there is a genuine, material dispute. All parties must confer in good faith to accomplish this goal.

Sufficient copies of jury instructions should be provided for counsel, the entire jury, and two additional copies for the court.

See the judge’s handout on "Trial Preparation and Procedures" for information on trial exhibits.

After completion of the trial, counsel are directed to make arrangements with the judge’s staff for removal of all exhibits, including binders, easels, and any audio/video equipment. The cloak room adjacent to the courtroom is not a storage room for counsel’s trial exhibits after the verdict is returned. Any trial materials not removed within 14 days after the trial is finished will be discarded.

In preparing a protective order, the parties should refer to General Order 12-0018 (Model Confidentiality Order).  The parties are instructed to submit a Proposed Model Confidentiality Order to Judge Lefkow's Proposed Order Mailbox (see link on Judge Lefkow's webpage).  After a motion is filed, the Court will review the proposed order.  A clean version sent in Word format is required.

A party who is granted leave to file a document under seal must file a redacted copy of the document for the public file.  A copy of the redacted version must be submitted along with the motion for leave to file.

In preparing a protective order, the parties should refer to General Order 12-0018 (Model Confidentiality Order).  The parties are instructed to submit a Proposed Model Confidentiality Order to Judge Lefkow's Proposed Order Mailbox (see link on Judge Lefkow's webpage).  After a motion is filed, the Court will review the proposed order.  A clean version sent in Word format is required.

A party who is granted leave to file a document under seal must file a redacted copy of the document for the public file.  A copy of the redacted version must be submitted along with the motion for leave to file.

Arraignments in criminal cases will be conducted by Judge Lefkow on Wednesdays at 9:15 a.m.

To avoid unreasonable scheduling conflicts, counsel must contact Judge Lefkow’s Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. In addition, a draft copy of the proposed plea agreement should be delivered to the judge’s chambers at least one day in advance of the date of the hearing.

The same requirements pertain to sentencings - please notify Judge Lefkow’s clerk as soon as possible if a sentencing date needs to be rescheduled.

Arraignments in criminal cases will be conducted by Judge Lefkow on Wednesdays at 9:15 a.m.

To avoid unreasonable scheduling conflicts, counsel must contact Judge Lefkow’s Courtroom Deputy at least one day in advance of a change of plea hearing if the plea is not going forward. In addition, a draft copy of the proposed plea agreement should be delivered to the judge’s chambers at least one day in advance of the date of the hearing.

The same requirements pertain to sentencings - please notify Judge Lefkow’s clerk as soon as possible if a sentencing date needs to be rescheduled.

For all Transcript request, please fill out the form on the Court's website at www.ilnd.uscourts.gov.  Judge Lefkow does not have a permanent court reporter.  The request for transcript must be submitted through the Court's website.

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings.

For all Transcript request, please fill out the form on the Court's website at www.ilnd.uscourts.gov.  Judge Lefkow does not have a permanent court reporter.  The request for transcript must be submitted through the Court's website.

Persons requesting a daily or hourly transcript of a trial or other evidentiary hearing that may reasonably be expected to last more than one day should contact the Court Reporter at least five business days prior to the first day of such proceedings.

Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Lefkow@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. All such documents must be submitted to the court in Word or WordPerfect format. Please do not send the proposed order in a pdf format. Such proposed orders should also be served on all parties.  A motion is required for a proposed order to be entered. Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Lefkow@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, and the title of the order that is proposed. All such documents must be submitted to the court in Word or WordPerfect format. Please do not send the proposed order in a pdf format. Such proposed orders should also be served on all parties.  A motion is required for a proposed order to be entered.