Proposed orders should not be filed on the docket, even if the parties agree on the draft order.  Instead, counsel must submit proposed orders to the Court by emailing a Microsoft Word version of the draft to Proposed_Order_Seeger@ilnd.uscourts.gov.  A pdf file does not count.

The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing.  Counsel must serve a copy of a proposed order on all other parties by copying them on the email to the Court.

Unless the Court directs otherwise, a party must file a motion asking the Court to enter the proposed order.  Submitting a draft to the Court’s proposed order inbox is not a substitute for a motion.  Emailing a draft is necessary, but not sufficient.

The Court will consider proposed orders when ruling on motions, but will modify (or disregard altogether) such proposed orders as it deems appropriate, even if all parties agree on the proposed order.  Proposed orders (such as stipulated protective orders) require Court approval before they are in effect.    

Proposed orders on routine motions – such as motions for extensions of time, or dispositive motions – are unnecessary.

Proposed orders should not be filed on the docket, even if the parties agree on the draft order.  Instead, counsel must submit proposed orders to the Court by emailing a Microsoft Word version of the draft to Proposed_Order_Seeger@ilnd.uscourts.gov.  A pdf file does not count.

The subject line of the email must include (1) the case name; (2) the case number; (3) the docket number of the corresponding motion; and (4) the title of the order that is proposed as indicated on the Notice of Electronic Filing.  Counsel must serve a copy of a proposed order on all other parties by copying them on the email to the Court.

Unless the Court directs otherwise, a party must file a motion asking the Court to enter the proposed order.  Submitting a draft to the Court’s proposed order inbox is not a substitute for a motion.  Emailing a draft is necessary, but not sufficient.

The Court will consider proposed orders when ruling on motions, but will modify (or disregard altogether) such proposed orders as it deems appropriate, even if all parties agree on the proposed order.  Proposed orders (such as stipulated protective orders) require Court approval before they are in effect.    

Proposed orders on routine motions – such as motions for extensions of time, or dispositive motions – are unnecessary.

When filing an amended complaint, a plaintiff must file a redline as an attachment, so that all changes are readily apparent to the parties and the Court. This rule does not apply to pro se litigants.

When filing an amended complaint, a plaintiff must file a redline as an attachment, so that all changes are readily apparent to the parties and the Court. This rule does not apply to pro se litigants.

Every case has an assigned Magistrate Judge.  In civil cases, the parties may consent to have the assigned Magistrate Judge try the case.  In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial.  All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Magistrate Judge Consent Form

Every case has an assigned Magistrate Judge.  In civil cases, the parties may consent to have the assigned Magistrate Judge try the case.  In many cases, consent to refer the entire case to the Magistrate Judge may offer significant efficiencies and greater certainty in scheduling the trial.  All counsel in civil cases should inform their clients of this option and discuss it with opposing counsel.

Magistrate Judge Consent Form

Unless directed by the Court, counsel and pro se litigants must not communicate with the Court about the case by phone, letter, or email (excluding submitting a proposed order).  For example, do not call chambers to ask about the status of a motion, or to ask if you need to file something.  Calling chambers inevitably interrupts the Court from working on some other case.

All communications with the Court itself must take place through a filing on the docket, properly noticed and served on opposing counsel.  Cover letters with courtesy copies are acceptable, however. 

If a party has questions about scheduling, a potential filing, the status of motions, or the logistics of trial, contact the Courtroom Deputy, Jessica J Ramos, at jessica_j_ramos@ilnd.uscourts.gov or (312) 818-6594.  In general, the Courtroom Deputy, not the Court, is the go-to person for any questions.

If there is a problem at a deposition, and counsel believes that it requires an immediate call to the Court, counsel must first read this Court’s Standing Order entitled Depositions.

Unless directed by the Court, counsel and pro se litigants must not communicate with the Court about the case by phone, letter, or email (excluding submitting a proposed order).  For example, do not call chambers to ask about the status of a motion, or to ask if you need to file something.  Calling chambers inevitably interrupts the Court from working on some other case.

All communications with the Court itself must take place through a filing on the docket, properly noticed and served on opposing counsel.  Cover letters with courtesy copies are acceptable, however. 

If a party has questions about scheduling, a potential filing, the status of motions, or the logistics of trial, contact the Courtroom Deputy, Jessica J Ramos, at jessica_j_ramos@ilnd.uscourts.gov or (312) 818-6594.  In general, the Courtroom Deputy, not the Court, is the go-to person for any questions.

If there is a problem at a deposition, and counsel believes that it requires an immediate call to the Court, counsel must first read this Court’s Standing Order entitled Depositions.

The Court requires a courtesy copy of all complaints and all motions (longer than five pages), memorandums, and exhibits.  See Local Rule 5.2(f).

Please mail or deliver a courtesy copy in the box outside the Courtroom Deputy’s office, located at Room 2316A.  Please do not bring courtesy copies to Chambers.  A delivery signature will not be available.

Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header.

The Court prefers documents to be stapled rather than bound on the left-hand side, unless the size of the document makes the use of a staple impossible.

The Court requires a courtesy copy of all complaints and all motions (longer than five pages), memorandums, and exhibits.  See Local Rule 5.2(f).

Please mail or deliver a courtesy copy in the box outside the Courtroom Deputy’s office, located at Room 2316A.  Please do not bring courtesy copies to Chambers.  A delivery signature will not be available.

Courtesy copies should always be printed from ECF after electronic filing so that the copies include the ECF header.

The Court prefers documents to be stapled rather than bound on the left-hand side, unless the size of the document makes the use of a staple impossible.

This Standing Order applies to all cases assigned to Hon. Steven C. Seeger, including any cases referred to the Magistrate Judges for supervision of discovery.  The Court enters this Standing Order to exercise reasonable control over the mode of witness examinations and the presentation of evidence, so as to promote the search for truth, avoid wasting time, and protect witnesses from harassment and undue embarrassment.  See Fed. R. Evid. 611(a); Fed. R. Civ. P. 30(d)(3)(B).  

            1.         First and foremost, discovery is about the search for truth.  See Fed. R. Civ. P. 1; Fed. R. Evid. 102.  Depositions, in turn, are one of the primary tools for unearthing the truth.  Depositions also help parties streamline cases, narrow disputes, avoid surprises, and prepare for trial.  Simply put, depositions are one of the most valuable parts of litigation.

            2.         This Court will consider any effort to obstruct a deposition – say, by making speaking objections, or giving improper instructions not to answer, or coaching the witness – as an attempt to undermine the truth-seeking function of litigation. 

            3.         “Litigation is not a contest to see how much trouble you can cause your opponents.  Those who treat it as such do so at their peril.”  See Hal Commodity Cycles Mgmt. Co. v. Kirsh, 825 F.2d 1136, 1139 (7th Cir. 1987).        

            4.         Counsel who wish to participate in depositions, and experts who hope to testify at trial, must comply with this Standing Order.

Civility

            5.         Counsel must behave professionally at all times during depositions.  Depositions must be civil, and attorneys must be respectful to witnesses, to the court reporter, and to other attorneys.  Counsel must conduct themselves as if the Court were present, and as if the jury were watching.  See Fed. R. Civ. P. 30(c)(1).

            6.         Don’t be rude.  Don’t fight.  Don’t obstruct.

Questioning the Witness

            7.         Treat the witness with respect at all times.

            8.         Counsel must not interrupt a witness who is answering the question.  By asking a question, counsel has passed the baton (and the microphone) to the witness.  Let the witness finish. 

            9.         If the questioning attorney interrupts, the attorney for the witness can insist that the witness be allowed to complete his or her answer.

            10.       If the witness repeatedly filibusters, the witness may become eligible for extra deposition time.  See Fed. R. Civ. P. 30(d)(1).  So there is no reason to interrupt.

            11.       A questioning attorney should not ask the same question over and over again.  But if the attorney does so, the remedy is to invoke the rule of completeness at summary judgment or trial.  See Fed. R. Civ. P. 32(a)(6).  If necessary, counsel for the witness can seek a protective order if the questioning attorney “unreasonably annoys” or “oppresses” the witness.  See Fed. R. Civ. P. 30(d)(3)(A).  

            12.       Do not deliberately mislead the witness with false information.  Do not mischaracterize what the witness previously said.  Do not attempt to trick the witness.  If the attorney for the witness believes that the questioning attorney is deliberately mischaracterizing the facts or the testimony, counsel should take a break and confer.  After the deposition, the Court may entertain a motion as necessary. 

            13.       Counsel taking and defending the deposition should avoid reiterating or paraphrasing what the witness just said.  It almost always creates confusion and trouble.  When the questioning attorney paraphrases the testimony, it is common for the summary to be not quite accurate or complete, which only leads to disputes.  The transcript will speak for itself.  On the flipside, the attorney defending the deposition should avoid repeating prior testimony because it can be a way to signal what future testimony should be.  Avoid saying “you previously told me ‘X,’” or “the witness already testified that ‘Y.’”

            14.       Don’t make faces.  Don’t roll your eyes.  Don’t laugh at the witness.  Don’t make editorial comments.     

Objections

            15.       All too often, attorneys make lengthy objections to coach the witness, suggest answers, burn the clock, or throw the questioning attorney off track.  The Court will view such objections as an attempt to undermine the truth-seeking function of depositions.

            16.       Counsel shall not make speaking objections.  See Fed. R. Civ. P. 30(c)(2).  Counsel must not coach witnesses, make lengthy objections, or say anything that interferes with the fair examination of the deponent.

            17.       Counsel may object to the form of a question by making short, simple objections.  Objections must be “concise[],” as the Federal Rules command.  See Fed. R. Civ. P. 30(c)(2).  Acceptable objections include “object to the form,” “objection; form,” and “object to the form of the question.”  Such short-and-simple objections preserve any and all objections to the form of the question, see Fed. R. Civ. P. 32(d)(3)(B), including (1) leading; (2) vague; (3) ambiguous; (4) argumentative; (5) lack of personal knowledge; (6) lack of foundation; (7) calls for speculation; (8) calls for a legal conclusion; (9) assumes facts not in evidence; (10) misstates the facts, or the testimony; (11) hearsay; (12) compound; (13) the document speaks for itself; and so on.  

             18.       Unless expressly asked, counsel shall not object by articulating all of the many reasons why a question is perceived to be defective.  Making one specific objection – such as “objection; leading” or “objection; foundation” – is acceptable.  A single, targeted objection gives the questioning attorney an opportunity to cure.  But stringing together more than one specific objection is not.  If counsel has more than one objection to a question, simply say “objection; form.”  Examples of inappropriate objections include:

• “Objection, form, lacks foundation, calls for speculation, and legal conclusion.”

• “Objection.  Incomplete hypothetical, completely irrelevant and not reasonably calculated to lead to the discovery of admissible evidence and the form of the question.  Go ahead and do what you can.”

• “Objection.  That completely mischaracterizes what he just said, and we can read it back.  He just testified that ‘X.’”

• “Objection.  I’m objecting to the form and the foundation and it mischaracterizes his testimony.  It would be one thing if he had said ‘X,’ but that’s not what it was.  He asked ‘Y,’ and your question intentionally muddies that and mischaracterizes it so there’s no foundation and I object to the form.”

• “Objection to the form, lack of foundation, objection to the speculation and now argumentative because he’s asked and answered that question.  You’re just arguing with him now.”

• “Objection.  Mischaracterizes his testimony and mischaracterizes the document.  The document speaks for itself.”

• “Objection.  Lacks foundation.  Calls for speculation.  If you know, you can say that but no one is interested in you guessing.”

• “Objection.  Form.  Lacks foundation.  May call for a legal conclusion.  You can answer it if you can and if you know.”   

            19.       If the questioning attorney wants clarification about the nature of an objection (say, to cure the problem), then counsel is free to ask.  That is, the questioning attorney can ask the objecting attorney to explain the objection and thus request an opportunity to “correct[]” the “form of a question . . . at the time.”  See Fed. R. Civ. P. 32(d)(3)(B)(i).  And if the questioning attorney asks for clarification, and thus invites a more fulsome explanation, then the objecting attorney may provide it.  Otherwise, counsel must make short, direct objections – and nothing else.

            20.       The Court will view interjections by counsel such as “if you know,” “if you remember,” “if you understand,” or “if you have personal knowledge” as an attempt to coach the witness.  It is unsurprising that witnesses typically testify that they can’t remember after they hear “if you remember.”  And they almost always say that they don’t know after counsel blurts out “if you know.”  Such coaching-by-thinly-veiled-instruction violates this Standing Order.

            21.       Improper objections are deemed to be no objections at all (when it comes to preservation).  At summary judgment or at trial, the Court may treat deposition objections to be waived if they violate this Standing Order.

            22.       “Asked and answered” is not an appropriate objection during depositions, absent truly abusive conduct in extraordinary cases.  It coaches the witness to say nothing more than what he or she has said already.  All too often, when an attorney objects “asked and answered” during a deposition, the witness hasn’t actually answered the question.

            23.       As a reminder, the Federal Rules allow an instruction not to answer “only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion [for a protective order] under Rule 30(d)(3).”  See Fed. R. Civ. P. 30(c)(2); Redwood v. Dobson, 476 F.3d 462 (7th Cir. 2007).  If there is a dispute about an instruction not to answer, move on and complete the rest of the deposition.  Preserve the issue on the record for later resolution by the parties or the Court.

            24.       Unlike an objection to form, an objection to relevance “is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time.”  See Fed. R. Civ. P. 32(d)(3)(A).

            25.       There is no reason for multiple parties on the same side to make the same objection.  It clutters the transcript, and slows things down.  Consider making a stipulation that an objection by one is an objection for all.

            26.       Counsel have more latitude in making objections on the grounds of privilege.  For example, attorneys may instruct a witness that they can testify about “X,” but cannot testify about “Y.”  Counsel retain the ability to make reasonable privilege objections, which sometimes require giving explanations or defining the parameters of testimony.

            27.       It is acceptable for counsel defending the deposition to make reasonable, succinct requests for clarification.  Sometimes questions are generally unclear, and a modest clarification can clear things up.  For example, it is acceptable to ask the questioning attorney to clarify what month or year he or she is asking about (if the time period matters), especially when the questioning attorney moves back and forth between different time periods.  As a second example, asking the questioning attorney to clarify who “he,” “she,” or “they” refer to is acceptable, too.  As a final example, it is acceptable to ask the questioning attorney about the origin or completeness of an exhibit if, for example, it (1) lacks a bates number; (2) is missing an attachment; (3) appears to be an improper compilation of different documents; or (4) otherwise appears improper, incomplete, or over-inclusive.  But such requests for clarification must be unobtrusive, in good faith, and (hopefully) rare.

Evasive or Incomplete Answers

            28.       Under the Federal Rules, an “evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.”  See Fed. R. Civ. P. 37(a)(4).  Witnesses must give direct answers to straightforward questions.  The Court will treat evasive deposition testimony as a failure, if not a refusal, to testify.

            29.       A witness who gives evasive answers may become eligible for extra deposition time, among other remedies.  See Fed. R. Civ. P. 30(d)(1); Fed. R. Civ. P. 37. 

            30.       Experts must comply with discovery obligations, see Fed. R. Civ. P. 26(a)(2)(B), and must participate in discovery in good faith.  That rule fully applies to depositions.

            31.       Experts have no special license to be evasive.  Quite the contrary.  The Federal Rules set one rule, and it applies to all witnesses, fact and expert alike:  evasive answers are no answers at all.  See Fed. R. Civ. P. 37(a)(4).  An expert who gives evasive answers has, in effect, refused to participate in discovery in good faith. 

            32.       Parties should not expect to call at trial experts who have not participated in depositions in good faith.  In rare cases, the Court may take into account the evasiveness of deposition testimony when deciding whether an expert is allowed to take the witness stand.

Depositions under Rule 30(b)(6)

            33.       Depositions under Rule 30(b)(6) pose special challenges and impose significant burdens.  A party who seeks to take a 30(b)(6) deposition must serve a limited number of narrowly tailored requests.  The requesting party must specify the topics with “reasonable particularity,” see Fed. R. Civ. P. 30(b)(6), so that the receiving party has a clear understanding of what information is requested. 

            34.       The number and scope of the topics must be proportional to the “needs” – needs – of the case.  See Fed. R. Civ. P. 26(b)(1).

            35.       The presumptive limit is 10 topics.  Subtopics count.

            36.       Be reasonable.  If the requesting attorney goes overboard on the number and scope of the topics, the Court may decide that the party cannot take any 30(b)(6) deposition at all.  So the requesting party has an incentive to seek what it really needs, and nothing else. 

            37.       Depositions under Rule 30(b)(6) are not an opportunity to redo other depositions or obtain a second (sound)bite at the apple. 

            38.       Before taking a 30(b)(6) deposition, consider whether the information “can be obtained from some other source that is more convenient, less burdensome, or less expensive.”  See Fed. R. Civ. P. 26(b)(2)(C)(i).

            39.       A 30(b)(6) deposition is designed to discover facts, not legal theories or contentions.  If a party wants more information about another party’s positions, serve a contention interrogatory at the appropriate time.  A party cannot take a 30(b)(6) deposition on legal theories or contentions without leave of Court.

            40.       Understand the requirements of the rule.  A party requesting a 30(b)(6) deposition is not entitled to select the person who will testify on behalf of the entity.  A party requesting a 30(b)(6) deposition is not entitled to the “most knowledgeable” witness, either.  Instead, the “named organization” that provides corporate testimony under Rule 30(b)(6) is entitled to “designate” the person who will “testify on its behalf.”  See Fed. R. Civ. P. 30(b)(6).  An entity has the discretion to present “one or more” representative deponents.  Id.  The entity must educate the designated witness before the deposition as necessary.  A 30(b)(6) deposition is the testimony of the entity itself, not the testimony of an individual.  A 30(b)(6) witness does not need to have personal knowledge over the topics.  Instead, he or she testifies in a corporate capacity based on “information known or reasonably available to the organization.”  Id.

            41.       Absent leave of Court or an agreement between the parties, a party must provide a copy of all exhibits for a 30(b)(6) deposition to all other parties at least one week before the deposition.

            42.       Parties cannot take depositions under Rule 30(b)(6) of government agencies acting in their enforcement capacity without leave of Court.  For example, a party would need leave of Court to take a 30(b)(6) deposition of the FTC when the FTC files suit to enforce the consumer-protection laws, or a 30(b)(6) deposition of the EEOC when the EEOC enforces the anti-discrimination laws.  See SEC v. Buntrock, 217 F.R.D. 441 (N.D. Ill. 2003); SEC v. SBM Inv. Certificates, Inc., 2007 WL 609888 (D. Md. 2007); SEC v. Rosenfeld, 1997 WL 576021 (S.D.N.Y. 1997); SEC v. Morelli, 143 F.R.D. 42 (S.D.N.Y. 1992); EEOC v. Evans Fruit Co., Inc., 2012 WL 442025 (E.D. Wash. 2012); EEOC v. McCormick & Schmick’s Seafood Restaurants, Inc., 2010 WL 2572809 (D. Md. 2010); FTC v. U.S. Grant Resources, LLC, 2004 WL 1444951 (E.D. La. 2004).  The government does not have first-hand knowledge of any facts when it acts in an enforcement capacity.  Instead, the government relies on facts gathered during an investigation, often by lawyers.  Taking a 30(b)(6) deposition in that scenario inevitably raises work-product issues, and creates far more trouble than it is worth.  There are better ways to obtain information from the government.  This rule does not apply when the government is a defendant.

Scheduling, Time, and Breaks

            43.       Counsel must cooperate in the scheduling of depositions.  Counsel who serve deposition notices must make reasonable efforts to accommodate the schedules of the witness and other counsel.  If the date proposed in a deposition notice is problematic for counsel or the witness, then the counsel or witness with the scheduling conflict must propose several reasonable alternate dates, and do so promptly (i.e., within a few days).  There is no pocket veto when it comes to scheduling.  A failure to propose alternate dates within a reasonable time may be a waiver of the right to object to the date in the deposition notice. 

            44.       The seven-hour rule under the Federal Rules of Civil Procedure does not include breaks.  “Preoccupation with timing is to be avoided.”  See Fed. R. Civ. P. 30 advisory committee’s note to 2000 amendment. 

            45.       Cooperate when it comes to allocating time, especially when the case involves multiple parties or the depositions of third parties.  Before the first deposition, confer about how to allocate time for all depositions in the case, especially if the parties expect them to last a full day.  Be fair and share time. 

            46.       Absent agreement of the parties, or leave of Court, depositions must take place on weekdays (excluding holidays) during normal business hours.      

            47.       A witness cannot take a break while a question is pending (just like trial).

When to Come to Court

            48.       In light of this Standing Order, the Court expects that conflicts at depositions will be rare.  If an attorney violates this Standing Order, the first step for the other attorney is simple:  remind counsel of this Court’s Standing Order.

            49.       The Court expects that attorneys will almost never need to enlist the Court’s assistance during depositions themselves.  If necessary, parties should raise disputes by filing a motion after the deposition.  In extreme cases, counsel can call Chambers during depositions.  This Standing Order is not an invitation to call the Court anytime an attorney acts improperly.  Unless things get truly out of hand, a written motion is a more effective way to present a dispute to the Court.

Summary

            50.       Above all else, be professional and reasonable, and follow the Rules.

This Standing Order applies to all cases assigned to Hon. Steven C. Seeger, including any cases referred to the Magistrate Judges for supervision of discovery.  The Court enters this Standing Order to exercise reasonable control over the mode of witness examinations and the presentation of evidence, so as to promote the search for truth, avoid wasting time, and protect witnesses from harassment and undue embarrassment.  See Fed. R. Evid. 611(a); Fed. R. Civ. P. 30(d)(3)(B).  

            1.         First and foremost, discovery is about the search for truth.  See Fed. R. Civ. P. 1; Fed. R. Evid. 102.  Depositions, in turn, are one of the primary tools for unearthing the truth.  Depositions also help parties streamline cases, narrow disputes, avoid surprises, and prepare for trial.  Simply put, depositions are one of the most valuable parts of litigation.

            2.         This Court will consider any effort to obstruct a deposition – say, by making speaking objections, or giving improper instructions not to answer, or coaching the witness – as an attempt to undermine the truth-seeking function of litigation. 

            3.         “Litigation is not a contest to see how much trouble you can cause your opponents.  Those who treat it as such do so at their peril.”  See Hal Commodity Cycles Mgmt. Co. v. Kirsh, 825 F.2d 1136, 1139 (7th Cir. 1987).        

            4.         Counsel who wish to participate in depositions, and experts who hope to testify at trial, must comply with this Standing Order.

Civility

            5.         Counsel must behave professionally at all times during depositions.  Depositions must be civil, and attorneys must be respectful to witnesses, to the court reporter, and to other attorneys.  Counsel must conduct themselves as if the Court were present, and as if the jury were watching.  See Fed. R. Civ. P. 30(c)(1).

            6.         Don’t be rude.  Don’t fight.  Don’t obstruct.

Questioning the Witness

            7.         Treat the witness with respect at all times.

            8.         Counsel must not interrupt a witness who is answering the question.  By asking a question, counsel has passed the baton (and the microphone) to the witness.  Let the witness finish. 

            9.         If the questioning attorney interrupts, the attorney for the witness can insist that the witness be allowed to complete his or her answer.

            10.       If the witness repeatedly filibusters, the witness may become eligible for extra deposition time.  See Fed. R. Civ. P. 30(d)(1).  So there is no reason to interrupt.

            11.       A questioning attorney should not ask the same question over and over again.  But if the attorney does so, the remedy is to invoke the rule of completeness at summary judgment or trial.  See Fed. R. Civ. P. 32(a)(6).  If necessary, counsel for the witness can seek a protective order if the questioning attorney “unreasonably annoys” or “oppresses” the witness.  See Fed. R. Civ. P. 30(d)(3)(A).  

            12.       Do not deliberately mislead the witness with false information.  Do not mischaracterize what the witness previously said.  Do not attempt to trick the witness.  If the attorney for the witness believes that the questioning attorney is deliberately mischaracterizing the facts or the testimony, counsel should take a break and confer.  After the deposition, the Court may entertain a motion as necessary. 

            13.       Counsel taking and defending the deposition should avoid reiterating or paraphrasing what the witness just said.  It almost always creates confusion and trouble.  When the questioning attorney paraphrases the testimony, it is common for the summary to be not quite accurate or complete, which only leads to disputes.  The transcript will speak for itself.  On the flipside, the attorney defending the deposition should avoid repeating prior testimony because it can be a way to signal what future testimony should be.  Avoid saying “you previously told me ‘X,’” or “the witness already testified that ‘Y.’”

            14.       Don’t make faces.  Don’t roll your eyes.  Don’t laugh at the witness.  Don’t make editorial comments.     

Objections

            15.       All too often, attorneys make lengthy objections to coach the witness, suggest answers, burn the clock, or throw the questioning attorney off track.  The Court will view such objections as an attempt to undermine the truth-seeking function of depositions.

            16.       Counsel shall not make speaking objections.  See Fed. R. Civ. P. 30(c)(2).  Counsel must not coach witnesses, make lengthy objections, or say anything that interferes with the fair examination of the deponent.

            17.       Counsel may object to the form of a question by making short, simple objections.  Objections must be “concise[],” as the Federal Rules command.  See Fed. R. Civ. P. 30(c)(2).  Acceptable objections include “object to the form,” “objection; form,” and “object to the form of the question.”  Such short-and-simple objections preserve any and all objections to the form of the question, see Fed. R. Civ. P. 32(d)(3)(B), including (1) leading; (2) vague; (3) ambiguous; (4) argumentative; (5) lack of personal knowledge; (6) lack of foundation; (7) calls for speculation; (8) calls for a legal conclusion; (9) assumes facts not in evidence; (10) misstates the facts, or the testimony; (11) hearsay; (12) compound; (13) the document speaks for itself; and so on.  

             18.       Unless expressly asked, counsel shall not object by articulating all of the many reasons why a question is perceived to be defective.  Making one specific objection – such as “objection; leading” or “objection; foundation” – is acceptable.  A single, targeted objection gives the questioning attorney an opportunity to cure.  But stringing together more than one specific objection is not.  If counsel has more than one objection to a question, simply say “objection; form.”  Examples of inappropriate objections include:

• “Objection, form, lacks foundation, calls for speculation, and legal conclusion.”

• “Objection.  Incomplete hypothetical, completely irrelevant and not reasonably calculated to lead to the discovery of admissible evidence and the form of the question.  Go ahead and do what you can.”

• “Objection.  That completely mischaracterizes what he just said, and we can read it back.  He just testified that ‘X.’”

• “Objection.  I’m objecting to the form and the foundation and it mischaracterizes his testimony.  It would be one thing if he had said ‘X,’ but that’s not what it was.  He asked ‘Y,’ and your question intentionally muddies that and mischaracterizes it so there’s no foundation and I object to the form.”

• “Objection to the form, lack of foundation, objection to the speculation and now argumentative because he’s asked and answered that question.  You’re just arguing with him now.”

• “Objection.  Mischaracterizes his testimony and mischaracterizes the document.  The document speaks for itself.”

• “Objection.  Lacks foundation.  Calls for speculation.  If you know, you can say that but no one is interested in you guessing.”

• “Objection.  Form.  Lacks foundation.  May call for a legal conclusion.  You can answer it if you can and if you know.”   

            19.       If the questioning attorney wants clarification about the nature of an objection (say, to cure the problem), then counsel is free to ask.  That is, the questioning attorney can ask the objecting attorney to explain the objection and thus request an opportunity to “correct[]” the “form of a question . . . at the time.”  See Fed. R. Civ. P. 32(d)(3)(B)(i).  And if the questioning attorney asks for clarification, and thus invites a more fulsome explanation, then the objecting attorney may provide it.  Otherwise, counsel must make short, direct objections – and nothing else.

            20.       The Court will view interjections by counsel such as “if you know,” “if you remember,” “if you understand,” or “if you have personal knowledge” as an attempt to coach the witness.  It is unsurprising that witnesses typically testify that they can’t remember after they hear “if you remember.”  And they almost always say that they don’t know after counsel blurts out “if you know.”  Such coaching-by-thinly-veiled-instruction violates this Standing Order.

            21.       Improper objections are deemed to be no objections at all (when it comes to preservation).  At summary judgment or at trial, the Court may treat deposition objections to be waived if they violate this Standing Order.

            22.       “Asked and answered” is not an appropriate objection during depositions, absent truly abusive conduct in extraordinary cases.  It coaches the witness to say nothing more than what he or she has said already.  All too often, when an attorney objects “asked and answered” during a deposition, the witness hasn’t actually answered the question.

            23.       As a reminder, the Federal Rules allow an instruction not to answer “only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion [for a protective order] under Rule 30(d)(3).”  See Fed. R. Civ. P. 30(c)(2); Redwood v. Dobson, 476 F.3d 462 (7th Cir. 2007).  If there is a dispute about an instruction not to answer, move on and complete the rest of the deposition.  Preserve the issue on the record for later resolution by the parties or the Court.

            24.       Unlike an objection to form, an objection to relevance “is not waived by a failure to make the objection before or during the deposition, unless the ground for it might have been corrected at that time.”  See Fed. R. Civ. P. 32(d)(3)(A).

            25.       There is no reason for multiple parties on the same side to make the same objection.  It clutters the transcript, and slows things down.  Consider making a stipulation that an objection by one is an objection for all.

            26.       Counsel have more latitude in making objections on the grounds of privilege.  For example, attorneys may instruct a witness that they can testify about “X,” but cannot testify about “Y.”  Counsel retain the ability to make reasonable privilege objections, which sometimes require giving explanations or defining the parameters of testimony.

            27.       It is acceptable for counsel defending the deposition to make reasonable, succinct requests for clarification.  Sometimes questions are generally unclear, and a modest clarification can clear things up.  For example, it is acceptable to ask the questioning attorney to clarify what month or year he or she is asking about (if the time period matters), especially when the questioning attorney moves back and forth between different time periods.  As a second example, asking the questioning attorney to clarify who “he,” “she,” or “they” refer to is acceptable, too.  As a final example, it is acceptable to ask the questioning attorney about the origin or completeness of an exhibit if, for example, it (1) lacks a bates number; (2) is missing an attachment; (3) appears to be an improper compilation of different documents; or (4) otherwise appears improper, incomplete, or over-inclusive.  But such requests for clarification must be unobtrusive, in good faith, and (hopefully) rare.

Evasive or Incomplete Answers

            28.       Under the Federal Rules, an “evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.”  See Fed. R. Civ. P. 37(a)(4).  Witnesses must give direct answers to straightforward questions.  The Court will treat evasive deposition testimony as a failure, if not a refusal, to testify.

            29.       A witness who gives evasive answers may become eligible for extra deposition time, among other remedies.  See Fed. R. Civ. P. 30(d)(1); Fed. R. Civ. P. 37. 

            30.       Experts must comply with discovery obligations, see Fed. R. Civ. P. 26(a)(2)(B), and must participate in discovery in good faith.  That rule fully applies to depositions.

            31.       Experts have no special license to be evasive.  Quite the contrary.  The Federal Rules set one rule, and it applies to all witnesses, fact and expert alike:  evasive answers are no answers at all.  See Fed. R. Civ. P. 37(a)(4).  An expert who gives evasive answers has, in effect, refused to participate in discovery in good faith. 

            32.       Parties should not expect to call at trial experts who have not participated in depositions in good faith.  In rare cases, the Court may take into account the evasiveness of deposition testimony when deciding whether an expert is allowed to take the witness stand.

Depositions under Rule 30(b)(6)

            33.       Depositions under Rule 30(b)(6) pose special challenges and impose significant burdens.  A party who seeks to take a 30(b)(6) deposition must serve a limited number of narrowly tailored requests.  The requesting party must specify the topics with “reasonable particularity,” see Fed. R. Civ. P. 30(b)(6), so that the receiving party has a clear understanding of what information is requested. 

            34.       The number and scope of the topics must be proportional to the “needs” – needs – of the case.  See Fed. R. Civ. P. 26(b)(1).

            35.       The presumptive limit is 10 topics.  Subtopics count.

            36.       Be reasonable.  If the requesting attorney goes overboard on the number and scope of the topics, the Court may decide that the party cannot take any 30(b)(6) deposition at all.  So the requesting party has an incentive to seek what it really needs, and nothing else. 

            37.       Depositions under Rule 30(b)(6) are not an opportunity to redo other depositions or obtain a second (sound)bite at the apple. 

            38.       Before taking a 30(b)(6) deposition, consider whether the information “can be obtained from some other source that is more convenient, less burdensome, or less expensive.”  See Fed. R. Civ. P. 26(b)(2)(C)(i).

            39.       A 30(b)(6) deposition is designed to discover facts, not legal theories or contentions.  If a party wants more information about another party’s positions, serve a contention interrogatory at the appropriate time.  A party cannot take a 30(b)(6) deposition on legal theories or contentions without leave of Court.

            40.       Understand the requirements of the rule.  A party requesting a 30(b)(6) deposition is not entitled to select the person who will testify on behalf of the entity.  A party requesting a 30(b)(6) deposition is not entitled to the “most knowledgeable” witness, either.  Instead, the “named organization” that provides corporate testimony under Rule 30(b)(6) is entitled to “designate” the person who will “testify on its behalf.”  See Fed. R. Civ. P. 30(b)(6).  An entity has the discretion to present “one or more” representative deponents.  Id.  The entity must educate the designated witness before the deposition as necessary.  A 30(b)(6) deposition is the testimony of the entity itself, not the testimony of an individual.  A 30(b)(6) witness does not need to have personal knowledge over the topics.  Instead, he or she testifies in a corporate capacity based on “information known or reasonably available to the organization.”  Id.

            41.       Absent leave of Court or an agreement between the parties, a party must provide a copy of all exhibits for a 30(b)(6) deposition to all other parties at least one week before the deposition.

            42.       Parties cannot take depositions under Rule 30(b)(6) of government agencies acting in their enforcement capacity without leave of Court.  For example, a party would need leave of Court to take a 30(b)(6) deposition of the FTC when the FTC files suit to enforce the consumer-protection laws, or a 30(b)(6) deposition of the EEOC when the EEOC enforces the anti-discrimination laws.  See SEC v. Buntrock, 217 F.R.D. 441 (N.D. Ill. 2003); SEC v. SBM Inv. Certificates, Inc., 2007 WL 609888 (D. Md. 2007); SEC v. Rosenfeld, 1997 WL 576021 (S.D.N.Y. 1997); SEC v. Morelli, 143 F.R.D. 42 (S.D.N.Y. 1992); EEOC v. Evans Fruit Co., Inc., 2012 WL 442025 (E.D. Wash. 2012); EEOC v. McCormick & Schmick’s Seafood Restaurants, Inc., 2010 WL 2572809 (D. Md. 2010); FTC v. U.S. Grant Resources, LLC, 2004 WL 1444951 (E.D. La. 2004).  The government does not have first-hand knowledge of any facts when it acts in an enforcement capacity.  Instead, the government relies on facts gathered during an investigation, often by lawyers.  Taking a 30(b)(6) deposition in that scenario inevitably raises work-product issues, and creates far more trouble than it is worth.  There are better ways to obtain information from the government.  This rule does not apply when the government is a defendant.

Scheduling, Time, and Breaks

            43.       Counsel must cooperate in the scheduling of depositions.  Counsel who serve deposition notices must make reasonable efforts to accommodate the schedules of the witness and other counsel.  If the date proposed in a deposition notice is problematic for counsel or the witness, then the counsel or witness with the scheduling conflict must propose several reasonable alternate dates, and do so promptly (i.e., within a few days).  There is no pocket veto when it comes to scheduling.  A failure to propose alternate dates within a reasonable time may be a waiver of the right to object to the date in the deposition notice. 

            44.       The seven-hour rule under the Federal Rules of Civil Procedure does not include breaks.  “Preoccupation with timing is to be avoided.”  See Fed. R. Civ. P. 30 advisory committee’s note to 2000 amendment. 

            45.       Cooperate when it comes to allocating time, especially when the case involves multiple parties or the depositions of third parties.  Before the first deposition, confer about how to allocate time for all depositions in the case, especially if the parties expect them to last a full day.  Be fair and share time. 

            46.       Absent agreement of the parties, or leave of Court, depositions must take place on weekdays (excluding holidays) during normal business hours.      

            47.       A witness cannot take a break while a question is pending (just like trial).

When to Come to Court

            48.       In light of this Standing Order, the Court expects that conflicts at depositions will be rare.  If an attorney violates this Standing Order, the first step for the other attorney is simple:  remind counsel of this Court’s Standing Order.

            49.       The Court expects that attorneys will almost never need to enlist the Court’s assistance during depositions themselves.  If necessary, parties should raise disputes by filing a motion after the deposition.  In extreme cases, counsel can call Chambers during depositions.  This Standing Order is not an invitation to call the Court anytime an attorney acts improperly.  Unless things get truly out of hand, a written motion is a more effective way to present a dispute to the Court.

Summary

            50.       Above all else, be professional and reasonable, and follow the Rules.

Motions

The Court believes that parties can and should work out most discovery disputes.  The Court expects the parties to make a genuine, good-faith effort to resolve disagreements before filing a discovery motion. 

The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2.  The motion must state with specificity when and how the movant compiled with Local Rule 37.2.  Compliance with the Local Rules requires a good faith effort to resolve discovery disputes, including communications that take place in person or by phone.  The exchange of emails or letters will not normally be sufficient to comply with the Local Rules.  Motions that do not comply with the Local Rules may be stricken.

If a party requests a meet and confer, the other party must respond promptly and participate in a meet and confer in a reasonable time.  There is no pocket veto when it comes to having a meet and confer.

If an impasse arises about the recovery of electronically stored information, no discovery motion may be filed unless the parties first meet and confer to determine whether the requested material can be retrieved and, if so, the most effective way of doing so.  Such a conference must take place in person or by phone, and must be attended by an IT representative of the party (or, for a putative class, an IT representative of plaintiffs’ counsel) that served the request and an IT representative of the party that received the request.

All parties should be fully prepared to argue any discovery motion on the date that it is presented.  The Court may rule on discovery motions after hearing argument at the motion call and without briefing. 

If the non-moving party believes that it is important to file a written response to the motion, the non-moving party should request that opportunity at the outset of the hearing.  If, after hearing argument, the Court believes that the motion requires briefing, the Court will set an expedited briefing schedule so that the matter can be resolved quickly. 

Parties must immediately notify the Court if they are withdrawing any previously filed discovery motions.

Motions to Dismiss

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

Sequence of Discovery

Parties are reminded that there is no “order” in which discovery must occur.  See Fed. R. Civ. P. 26(d)(3).  One party’s failure or inability to respond to discovery will not excuse any other party’s non-compliance. 

Boilerplate Instructions and Definitions

Boilerplate “instructions” and “definitions” shall not be used in interrogatories, document requests, and requests to admit.  For example, absent special circumstances, there is no need to define the term “document.”  Such instructions and definitions rarely accomplish anything useful, and they merely add unnecessarily to the cost of litigation.  Boilerplate instructions and definitions need not be considered in responding to discovery.

A requesting party can define terms of art or other phraseology that has special meaning based on the unique facts of the case.  Otherwise, the parties should use plain English, and should assume that requests mean what the words mean in common usage and in light of the context of the case.  If there is genuine uncertainty, the parties should clarify the meaning during a meet and confer.

Boilerplate Objections

Objections to written discovery must state with specificity the grounds for objecting.  See, e.g., Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must . . . state with specificity the grounds for objecting to the request, including the reasons.”).  That is, the objecting party must offer a particularized reason, tailored to each request.   

Boilerplate objections are inadequate, and count for nothing.  For example, a generic assertion that a discovery request is “overbroad” or “unduly burdensome” – without an accompanying explanation – is the same as not objecting at all.  

Evasive Discovery Responses

The Court expects parties to respond to discovery requests in a straightforward manner, without evasiveness.  The Court reminds the parties that, under the Federal Rules, an “evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.”  Fed. R. Civ. P. 37(a)(4).

Civility

The Court will take note if a party is repeatedly inflexible or uncourteous when it comes to extensions, return dates, scheduling matters, and so on.  For example, be reasonable when the due date is near the holidays.  Show respect to opposing counsel and to the other party. 

Motions

The Court believes that parties can and should work out most discovery disputes.  The Court expects the parties to make a genuine, good-faith effort to resolve disagreements before filing a discovery motion. 

The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2.  The motion must state with specificity when and how the movant compiled with Local Rule 37.2.  Compliance with the Local Rules requires a good faith effort to resolve discovery disputes, including communications that take place in person or by phone.  The exchange of emails or letters will not normally be sufficient to comply with the Local Rules.  Motions that do not comply with the Local Rules may be stricken.

If a party requests a meet and confer, the other party must respond promptly and participate in a meet and confer in a reasonable time.  There is no pocket veto when it comes to having a meet and confer.

If an impasse arises about the recovery of electronically stored information, no discovery motion may be filed unless the parties first meet and confer to determine whether the requested material can be retrieved and, if so, the most effective way of doing so.  Such a conference must take place in person or by phone, and must be attended by an IT representative of the party (or, for a putative class, an IT representative of plaintiffs’ counsel) that served the request and an IT representative of the party that received the request.

All parties should be fully prepared to argue any discovery motion on the date that it is presented.  The Court may rule on discovery motions after hearing argument at the motion call and without briefing. 

If the non-moving party believes that it is important to file a written response to the motion, the non-moving party should request that opportunity at the outset of the hearing.  If, after hearing argument, the Court believes that the motion requires briefing, the Court will set an expedited briefing schedule so that the matter can be resolved quickly. 

Parties must immediately notify the Court if they are withdrawing any previously filed discovery motions.

Motions to Dismiss

The pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

Sequence of Discovery

Parties are reminded that there is no “order” in which discovery must occur.  See Fed. R. Civ. P. 26(d)(3).  One party’s failure or inability to respond to discovery will not excuse any other party’s non-compliance. 

Boilerplate Instructions and Definitions

Boilerplate “instructions” and “definitions” shall not be used in interrogatories, document requests, and requests to admit.  For example, absent special circumstances, there is no need to define the term “document.”  Such instructions and definitions rarely accomplish anything useful, and they merely add unnecessarily to the cost of litigation.  Boilerplate instructions and definitions need not be considered in responding to discovery.

A requesting party can define terms of art or other phraseology that has special meaning based on the unique facts of the case.  Otherwise, the parties should use plain English, and should assume that requests mean what the words mean in common usage and in light of the context of the case.  If there is genuine uncertainty, the parties should clarify the meaning during a meet and confer.

Boilerplate Objections

Objections to written discovery must state with specificity the grounds for objecting.  See, e.g., Fed. R. Civ. P. 33(b)(4) (“The grounds for objecting to an interrogatory must be stated with specificity.”); Fed. R. Civ. P. 34(b)(2)(B) (“For each item or category, the response must . . . state with specificity the grounds for objecting to the request, including the reasons.”).  That is, the objecting party must offer a particularized reason, tailored to each request.   

Boilerplate objections are inadequate, and count for nothing.  For example, a generic assertion that a discovery request is “overbroad” or “unduly burdensome” – without an accompanying explanation – is the same as not objecting at all.  

Evasive Discovery Responses

The Court expects parties to respond to discovery requests in a straightforward manner, without evasiveness.  The Court reminds the parties that, under the Federal Rules, an “evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond.”  Fed. R. Civ. P. 37(a)(4).

Civility

The Court will take note if a party is repeatedly inflexible or uncourteous when it comes to extensions, return dates, scheduling matters, and so on.  For example, be reasonable when the due date is near the holidays.  Show respect to opposing counsel and to the other party. 

Emergency motions must be “of such a nature that the delay” in hearing them “would cause serious and irreparable harm to one or more parties.”  Local Rule 77.2 (emphasis added). Requests to set a hearing on an emergency motion shall be made to the Courtroom Deputy, Jessica J Ramos, with as much advance notice as possible.  Unless the motion seeks an ex parte temporary restraining order under Rule 65(b)(1), parties must make all reasonable efforts to give actual notice to opposing counsel.

Emergency motions must be “of such a nature that the delay” in hearing them “would cause serious and irreparable harm to one or more parties.”  Local Rule 77.2 (emphasis added). Requests to set a hearing on an emergency motion shall be made to the Courtroom Deputy, Jessica J Ramos, with as much advance notice as possible.  Unless the motion seeks an ex parte temporary restraining order under Rule 65(b)(1), parties must make all reasonable efforts to give actual notice to opposing counsel.

The parties must follow the following procedures governing experts, unless otherwise ordered by the Court:

            1.         A party must disclose all persons presenting testimony under Federal Rule of Evidence 702 as required by Federal Rule of Civil Procedure 26(a)(2)(A).  See Musser v. Gentiva Health Servs., 356 F.3d 751, 756-58 (7th Cir. 2004).

            2.         A party must disclose all experts within the time limit set for disclosure of Rule 702 opinion witnesses (or experts) in the scheduling order or, in the absence of an order, within the time periods prescribed in Rule 26(a)(2)(C).

            3.         The Rule 26(a)(2)(A) disclosure must specifically designate the witness as a person who may give testimony under Federal Rule of Evidence 702, 703, and/or 705.  Even if the witness is not subject to the report requirement of Rule 26(a)(2)(B), the Rule 26(a)(2)(A) identification disclosure must include a written statement containing all Rule 702 opinions to be offered by that witness and the bases for those opinions in such a manner as to permit the opposing party to consider whether to depose the witness, to challenge the witness’ qualifications or opinions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), or to retain rebuttal opinion witnesses.  See Musser, 356 F.3d at 757-58.

            4.         Please keep in mind that “[d]isclosing a person as a witness and disclosing a person as an expert witness are two distinct acts.” Musser, 356 F.3d at 757.

            5.         Rule 26(a)(2)(B) requires a written report from certain categories of witnesses –  namely, witnesses who are retained or specially employed to provide expert testimony or employees of a party whose duties regularly include giving expert testimony.  If a witness falls within the scope of Rule 26(a)(2)(B), the witness must comply fully with all of the report requirements of that Rule.

            6.         A treating professional, including a physician, nurse, psychologist, or similarly situated witness, must be disclosed pursuant to Rule 26(a)(2)(A) in order to present testimony under Rule 702.  See Musser, 356 F.3d at 756.  A treating professional is not considered a retained expert for purposes of Rule 26(a)(2), and thus need not submit a report, if the treating professional’s testimony (a) is based on observations made during the course of treatment, (b) was not “acquired or developed in anticipation of litigation or for trial,” and (c) is based on personal knowledge.  See Zurba v. United States, 202 F.R.D. 590, 591 (N.D. Ill. 2002).  In other words, it is only when the treating physician gives opinions beyond the scope of the physician’s own observation and treatment that the physician is considered a “retained” expert for purposes of Rule 26(a)(2)’s report requirement.  Id. at 592.  Thus, the fact that a treating physician proposes to offer opinion testimony on prognosis, causation, or permanency of injuries does not automatically render the physician a retained expert for Rule 26(a)(2) purposes.  Id.  However, a report is required if a treating physician’s proposed testimony – regardless of the specific subject of the testimony (i.e., prognosis, causation, permanency, etc.) – “goes beyond his personal involvement in the facts of the case and giv[es] an opinion formed because there is a lawsuit,” absent leave of Court based on “undue hardship.”  Griffith v. Northeast Illinois Regional Commuter Railroad, 233 F.R.D. 513, 518-519 (N.D. Ill. 2006).

            7.         A party must comply with Rule 26(a)(2) and this Court’s procedures set forth above before designating a Rule 702 opinion witness (or expert) as a trial witness in the final pretrial order.

            8.         A party must file any motions challenging Rule 702 witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), at least sixty (60) days before trial unless otherwise ordered by the Court.

The parties must follow the following procedures governing experts, unless otherwise ordered by the Court:

            1.         A party must disclose all persons presenting testimony under Federal Rule of Evidence 702 as required by Federal Rule of Civil Procedure 26(a)(2)(A).  See Musser v. Gentiva Health Servs., 356 F.3d 751, 756-58 (7th Cir. 2004).

            2.         A party must disclose all experts within the time limit set for disclosure of Rule 702 opinion witnesses (or experts) in the scheduling order or, in the absence of an order, within the time periods prescribed in Rule 26(a)(2)(C).

            3.         The Rule 26(a)(2)(A) disclosure must specifically designate the witness as a person who may give testimony under Federal Rule of Evidence 702, 703, and/or 705.  Even if the witness is not subject to the report requirement of Rule 26(a)(2)(B), the Rule 26(a)(2)(A) identification disclosure must include a written statement containing all Rule 702 opinions to be offered by that witness and the bases for those opinions in such a manner as to permit the opposing party to consider whether to depose the witness, to challenge the witness’ qualifications or opinions under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), or to retain rebuttal opinion witnesses.  See Musser, 356 F.3d at 757-58.

            4.         Please keep in mind that “[d]isclosing a person as a witness and disclosing a person as an expert witness are two distinct acts.” Musser, 356 F.3d at 757.

            5.         Rule 26(a)(2)(B) requires a written report from certain categories of witnesses –  namely, witnesses who are retained or specially employed to provide expert testimony or employees of a party whose duties regularly include giving expert testimony.  If a witness falls within the scope of Rule 26(a)(2)(B), the witness must comply fully with all of the report requirements of that Rule.

            6.         A treating professional, including a physician, nurse, psychologist, or similarly situated witness, must be disclosed pursuant to Rule 26(a)(2)(A) in order to present testimony under Rule 702.  See Musser, 356 F.3d at 756.  A treating professional is not considered a retained expert for purposes of Rule 26(a)(2), and thus need not submit a report, if the treating professional’s testimony (a) is based on observations made during the course of treatment, (b) was not “acquired or developed in anticipation of litigation or for trial,” and (c) is based on personal knowledge.  See Zurba v. United States, 202 F.R.D. 590, 591 (N.D. Ill. 2002).  In other words, it is only when the treating physician gives opinions beyond the scope of the physician’s own observation and treatment that the physician is considered a “retained” expert for purposes of Rule 26(a)(2)’s report requirement.  Id. at 592.  Thus, the fact that a treating physician proposes to offer opinion testimony on prognosis, causation, or permanency of injuries does not automatically render the physician a retained expert for Rule 26(a)(2) purposes.  Id.  However, a report is required if a treating physician’s proposed testimony – regardless of the specific subject of the testimony (i.e., prognosis, causation, permanency, etc.) – “goes beyond his personal involvement in the facts of the case and giv[es] an opinion formed because there is a lawsuit,” absent leave of Court based on “undue hardship.”  Griffith v. Northeast Illinois Regional Commuter Railroad, 233 F.R.D. 513, 518-519 (N.D. Ill. 2006).

            7.         A party must comply with Rule 26(a)(2) and this Court’s procedures set forth above before designating a Rule 702 opinion witness (or expert) as a trial witness in the final pretrial order.

            8.         A party must file any motions challenging Rule 702 witnesses under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), at least sixty (60) days before trial unless otherwise ordered by the Court.

The Court will set all newly-filed cases for an initial status hearing approximately 75 days after the filing of the complaint.  The initial status hearing will be the scheduling conference as required by Rule 16(b) of the Federal Rules of Civil Procedure.  See Fed. R. Civ. P. 16(b); see also Local Rule 16.1 (“the initial status hearing shall be the scheduling conference referred to in Fed. R. Civ. P. 16”).  The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). 

After conferring, the parties must submit two things to the Court.

First, the parties must file a Joint Initial Status Report, not to exceed seven pages, at least seven days before the initial status hearing.  The Joint Initial Status Report is the “discovery plan” required by Rule 26(f).  The Joint Initial Status Report shall provide the information listed in the template below. 

Joint Initial Status Report Under Rule 26(f)

If defense counsel has not yet filed an appearance, plaintiff’s counsel should prepare the status report.  The parties must deliver a copy of the Initial Status Report to the Courtroom Deputy’s drop-box outside room 2316A no later than one week before the initial status hearing.

Second, the parties must submit a Word version of a proposed scheduling order under Rule 16(b) to the Court’s proposed order mailbox, Proposed_Order_Seeger@ilnd.uscourts.gov. The template for the proposed scheduling order is here: Scheduling Order Under Rule 16(b). At that point, the Court will adopt or modify the proposed plan, as necessary.

Use the templates.  The parties simply need to fill in the blanks.

At the initial status hearing with the Court, the parties should be prepared to discuss the nature of the case, report on the possibility of settlement, and discuss the nature and length of discovery necessary to prepare the case for trial.  The Court may set a discovery cut-off date at the initial conference.

In some cases, the scheduled status conference may take place before a defendant has responded to the plaintiff’s complaint.  The Court expects all defendants who have been served with process to participate in this conference even if they have not yet responded to the complaint.

The Court will set all newly-filed cases for an initial status hearing approximately 75 days after the filing of the complaint.  The initial status hearing will be the scheduling conference as required by Rule 16(b) of the Federal Rules of Civil Procedure.  See Fed. R. Civ. P. 16(b); see also Local Rule 16.1 (“the initial status hearing shall be the scheduling conference referred to in Fed. R. Civ. P. 16”).  The parties must meet and conduct a planning conference as required by Federal Rule of Civil Procedure 26(f). 

After conferring, the parties must submit two things to the Court.

First, the parties must file a Joint Initial Status Report, not to exceed seven pages, at least seven days before the initial status hearing.  The Joint Initial Status Report is the “discovery plan” required by Rule 26(f).  The Joint Initial Status Report shall provide the information listed in the template below. 

Joint Initial Status Report Under Rule 26(f)

If defense counsel has not yet filed an appearance, plaintiff’s counsel should prepare the status report.  The parties must deliver a copy of the Initial Status Report to the Courtroom Deputy’s drop-box outside room 2316A no later than one week before the initial status hearing.

Second, the parties must submit a Word version of a proposed scheduling order under Rule 16(b) to the Court’s proposed order mailbox, Proposed_Order_Seeger@ilnd.uscourts.gov. The template for the proposed scheduling order is here: Scheduling Order Under Rule 16(b). At that point, the Court will adopt or modify the proposed plan, as necessary.

Use the templates.  The parties simply need to fill in the blanks.

At the initial status hearing with the Court, the parties should be prepared to discuss the nature of the case, report on the possibility of settlement, and discuss the nature and length of discovery necessary to prepare the case for trial.  The Court may set a discovery cut-off date at the initial conference.

In some cases, the scheduled status conference may take place before a defendant has responded to the plaintiff’s complaint.  The Court expects all defendants who have been served with process to participate in this conference even if they have not yet responded to the complaint.

When proposing an injunction, please pay special attention to the text of Rule 65(d).

The Seventh Circuit requires an injunction to be on a separate document.  See, e.g., MillerCoors LLC v. Anheuser-Busch Companies, LLC, 942 F.3d 922, 922 (7th Cir. 2019); Auto Driveaway Franchise Systems, LLC v. Auto Driveaway Richmond, LLC, 928 F.3d 670, 676 (7th Cir. 2019) (“We interpret Rule 65(d)(1)(C) to require than an injunction must be embodied in a standalone separate document.”); City of Chicago v. Sessions, 2018 WL 4268814, at *2 (7th Cir. August 10, 2018).  So, do not include an injunction in the body of a proposed order that covers anything else.  Every injunction should stand on its own.

An injunction must not “refer[] to the complaint or other document” when “describ[ing] in reasonable detail . . . the act or acts restrained or required.”  Fed. R. Civ. P. 65(d)(1)(C).  An injunction should not incorporate any other document by reference.  See BankDirect Capital Finance, LLC v. Capital Premium Financing, Inc., 912 F.3d 1054, 1057 (7th Cir. 2019); DuPuy v. Samuels, 465 F.3d 757, 758 (7th Cir. 2006); MillerCoors, 2019 WL 5280872, at 922 (noting that Rule 65(d)(1)(C) “requires every injunction to be set forth without referring to any other document”).

When proposing an injunction, please pay special attention to the text of Rule 65(d).

The Seventh Circuit requires an injunction to be on a separate document.  See, e.g., MillerCoors LLC v. Anheuser-Busch Companies, LLC, 942 F.3d 922, 922 (7th Cir. 2019); Auto Driveaway Franchise Systems, LLC v. Auto Driveaway Richmond, LLC, 928 F.3d 670, 676 (7th Cir. 2019) (“We interpret Rule 65(d)(1)(C) to require than an injunction must be embodied in a standalone separate document.”); City of Chicago v. Sessions, 2018 WL 4268814, at *2 (7th Cir. August 10, 2018).  So, do not include an injunction in the body of a proposed order that covers anything else.  Every injunction should stand on its own.

An injunction must not “refer[] to the complaint or other document” when “describ[ing] in reasonable detail . . . the act or acts restrained or required.”  Fed. R. Civ. P. 65(d)(1)(C).  An injunction should not incorporate any other document by reference.  See BankDirect Capital Finance, LLC v. Capital Premium Financing, Inc., 912 F.3d 1054, 1057 (7th Cir. 2019); DuPuy v. Samuels, 465 F.3d 757, 758 (7th Cir. 2006); MillerCoors, 2019 WL 5280872, at 922 (noting that Rule 65(d)(1)(C) “requires every injunction to be set forth without referring to any other document”).

Hearing Date

All motions must be noticed for presentment at a hearing on a date certain, as required by the Local Rules.  The Court hears motions Monday to Thursday at 9:00 a.m.  The Court requires three business days of notice before a motion hearing.  For example, absent a holiday, a motion filed on Friday may be noticed for a hearing Wednesday (at the earliest), and a motion filed on Monday may be noticed for Thursday.

Agreed Motions

If a motion is joint, uncontested, or agreed, please so indicate in the title and body of the motion.

A party seeking an extension of time must contact all other parties to determine if the motion is opposed.  The party seeking the extension should indicate in the motion (1) the reason for the request; (2) the number of previous extensions; and (3) whether the motion is opposed, and if so, on what grounds.

Rulings

To the extent possible, the Court will endeavor to rule on certain motions before the date on which they are presented.  After 4:00 p.m. on the day before the presentment date, the parties may review the electronic docket on the court’s webpage to determine whether the Court has ruled.  If the Court rules before the hearing, no appearance is necessary.

Counsel also may email the Courtroom Deputy, Jessica J Ramos, at  jessica_j_ramos@ilnd.uscourts.gov to inquire on the status of a motion.

If an appearance is not necessary, counsel for the moving party shall notify counsel for all other parties.

Citations

If counsel cites to an unpublished opinion, the Court strongly prefers citations to Westlaw.

Please attach copies of any cited authorities that are not available on Westlaw.

Searchable Text

All electronically-filed documents should be made word searchable before being filed on ECF.  The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

Hearing Date

All motions must be noticed for presentment at a hearing on a date certain, as required by the Local Rules.  The Court hears motions Monday to Thursday at 9:00 a.m.  The Court requires three business days of notice before a motion hearing.  For example, absent a holiday, a motion filed on Friday may be noticed for a hearing Wednesday (at the earliest), and a motion filed on Monday may be noticed for Thursday.

Agreed Motions

If a motion is joint, uncontested, or agreed, please so indicate in the title and body of the motion.

A party seeking an extension of time must contact all other parties to determine if the motion is opposed.  The party seeking the extension should indicate in the motion (1) the reason for the request; (2) the number of previous extensions; and (3) whether the motion is opposed, and if so, on what grounds.

Rulings

To the extent possible, the Court will endeavor to rule on certain motions before the date on which they are presented.  After 4:00 p.m. on the day before the presentment date, the parties may review the electronic docket on the court’s webpage to determine whether the Court has ruled.  If the Court rules before the hearing, no appearance is necessary.

Counsel also may email the Courtroom Deputy, Jessica J Ramos, at  jessica_j_ramos@ilnd.uscourts.gov to inquire on the status of a motion.

If an appearance is not necessary, counsel for the moving party shall notify counsel for all other parties.

Citations

If counsel cites to an unpublished opinion, the Court strongly prefers citations to Westlaw.

Please attach copies of any cited authorities that are not available on Westlaw.

Searchable Text

All electronically-filed documents should be made word searchable before being filed on ECF.  The Court strongly encourages counsel to convert any word-processed document into a .pdf document by printing or publishing to .pdf, rather than manually scanning a paper copy into .pdf.  The former method of conversion generates searchable optical character recognition (OCR) text; the latter does not.

Motions to strike are strongly disfavored.  See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers).  They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond).  Id. at 727. 

The Court is capable of discerning if a reply brief raises a new argument, or if a litigant has failed to comply with the requirements of Local Rule 56.1 (governing summary judgment).  Such errors do not require supplemental motion practice.  

If a party believes that the other side’s brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should make that argument in the response or reply brief, or in the responsive 56.1 statement.  

Motions to strike that are not within the limited boundaries established by Fed. R. Civ. P. 12(f) may be summarily denied.

Motions to strike are strongly disfavored.  See generally Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725, 727 (7th Cir. 2006) (Easterbrook, J., in chambers).  They serve primarily as unauthorized vehicles for parties to expand the page limits for memoranda in support of their motions.  Motions to strike almost always would require the Court to decide significant issues (and, indeed, the underlying motion) on the merits and would multiply the briefs (because the other side should be allowed to respond).  Id. at 727. 

The Court is capable of discerning if a reply brief raises a new argument, or if a litigant has failed to comply with the requirements of Local Rule 56.1 (governing summary judgment).  Such errors do not require supplemental motion practice.  

If a party believes that the other side’s brief contains inaccurate facts or that the other side’s Local Rule 56.1 statement contains an unsupported assertion, then the complaining party should make that argument in the response or reply brief, or in the responsive 56.1 statement.  

Motions to strike that are not within the limited boundaries established by Fed. R. Civ. P. 12(f) may be summarily denied.

A notice of filing isn’t a thing (in federal court, anyway).  Please don’t file one.

A notice of motion is a notice that sets a date and time for a hearing with the Court for a motion.  A party must file a notice of motion for any motion, as provided in Local Rule 5.3.

A notice of filing isn’t a thing (in federal court, anyway).  Please don’t file one.

A notice of motion is a notice that sets a date and time for a hearing with the Court for a motion.  A party must file a notice of motion for any motion, as provided in Local Rule 5.3.

There is a presumption that the public will have access to all court filings. 

When warranted, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g., trade secrets, medical records, personnel files, and the like), and file a motion that explains why a protective order is necessary as to each category.  The Court will then independently review the motion and determine if the order should be signed. 

The Court will not sign a protective order that provides that items designated as confidential may, for that reason, be filed with the Court under seal.  Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record.  The mere fact that information has been designated as confidential by a party is insufficient to permit filing under seal.  A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed.

If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal.

The issuance of a protective order in light of this Standing Order will constitute the Court’s determination, as required by Rule 26(c), that good cause existed for the issuance of a protective order. 

The parties should review the Model Confidentiality Order contained in the Local Rules.

Model Confidentiality Order

There is a presumption that the public will have access to all court filings. 

When warranted, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g., trade secrets, medical records, personnel files, and the like), and file a motion that explains why a protective order is necessary as to each category.  The Court will then independently review the motion and determine if the order should be signed. 

The Court will not sign a protective order that provides that items designated as confidential may, for that reason, be filed with the Court under seal.  Rather, any protective order that contemplates under-seal filing must provide that no documents may be filed under seal absent a motion showing good cause for sealing a portion of the record.  The mere fact that information has been designated as confidential by a party is insufficient to permit filing under seal.  A party seeking to file material under seal must set forth in its motion the reasons why the record should be sealed.

If the Court permits a portion of a document to be filed under seal, the party filing the document must also file a redacted public-record version that includes the entire document except for the portions filed under seal.

The issuance of a protective order in light of this Standing Order will constitute the Court’s determination, as required by Rule 26(c), that good cause existed for the issuance of a protective order. 

The parties should review the Model Confidentiality Order contained in the Local Rules.

Model Confidentiality Order

Before submitting a proposed order of dismissal, counsel should review Seventh Circuit case law about the retention of federal jurisdiction to enforce the terms of a settlement agreement.  See Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634, 636 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006).  The parties may also wish to review the article by Judge Denlow, “What’s an Attorney to Do   Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh  Circuit Cases.”  Parties can access that article at:  _assets/_documents/_forms/_judges/DENLOW/FederalJurisdiction.pdf.

Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement.  Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms], the case shall be deemed, without further order of the Court, to be dismissed with prejudice.” 

Before submitting a proposed order of dismissal, counsel should review Seventh Circuit case law about the retention of federal jurisdiction to enforce the terms of a settlement agreement.  See Blue Cross and Blue Shield Ass’n v. American Express Co., 467 F.3d 634, 636 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006).  The parties may also wish to review the article by Judge Denlow, “What’s an Attorney to Do   Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh  Circuit Cases.”  Parties can access that article at:  _assets/_documents/_forms/_judges/DENLOW/FederalJurisdiction.pdf.

Generally speaking, Seventh Circuit decisions hold that dismissals “with prejudice” leave the Court without jurisdiction to enforce a settlement agreement.  Accordingly, in most cases, the parties would be well advised to submit a proposed order that either (a) provides for dismissal with prejudice if the settlement terms have already been fulfilled (e.g., payment has been made), but make no reference to retention of jurisdiction; or (b) provides for the case to be “dismissed without prejudice with leave to reinstate on or before [date far enough in the future to fulfill all settlement terms], the case shall be deemed, without further order of the Court, to be dismissed with prejudice.” 

Motions for summary judgment and responses must comply with Local Rule 56.1, as well as the procedures outlined here. 

The statements of undisputed material facts and responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.  Parties must make the supporting evidence easy to find.  

Courtesy copies of exhibits to summary judgment motions and responses should be tabbed for easy access.

The Local Rules are not mere technicalities.  The Court expects strict compliance with the Local Rules regarding summary judgment.  Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment.  See Modrowski v. Pigatto, 712 F.3d 1166, 1169 (7th Cir. 2013); Keeton v. Morningstar, Inc., 667 F.3d 877, 884 (7th Cir. 2012).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of Court.  The respondent shall be limited to 40 statements of undisputed material facts absent prior leave of Court.  In complex cases, the Court may request that the parties submit a timeline of events in addition to statements of undisputed material facts.

Motions to strike are disfavored.  If a party contends that another party has included inadmissible evidence, improper argument, or other objectionable material in a Local Rule 56.1 submission, the party typically should raise its argument that the Court should not consider such material in the party’s response or reply brief – not in a separate motion to strike.

Parties must include a table of contents for any exhibits.

Parties must use a user-friendly citation format, so that it is easy for the Court to locate any exhibits cited in the briefs.

Motions for summary judgment and responses must comply with Local Rule 56.1, as well as the procedures outlined here. 

The statements of undisputed material facts and responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record.  Parties must make the supporting evidence easy to find.  

Courtesy copies of exhibits to summary judgment motions and responses should be tabbed for easy access.

The Local Rules are not mere technicalities.  The Court expects strict compliance with the Local Rules regarding summary judgment.  Failure to comply with the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, and denying summary judgment.  See Modrowski v. Pigatto, 712 F.3d 1166, 1169 (7th Cir. 2013); Keeton v. Morningstar, Inc., 667 F.3d 877, 884 (7th Cir. 2012).

The movant shall not file more than 80 statements of undisputed material facts without prior leave of Court.  The respondent shall be limited to 40 statements of undisputed material facts absent prior leave of Court.  In complex cases, the Court may request that the parties submit a timeline of events in addition to statements of undisputed material facts.

Motions to strike are disfavored.  If a party contends that another party has included inadmissible evidence, improper argument, or other objectionable material in a Local Rule 56.1 submission, the party typically should raise its argument that the Court should not consider such material in the party’s response or reply brief – not in a separate motion to strike.

Parties must include a table of contents for any exhibits.

Parties must use a user-friendly citation format, so that it is easy for the Court to locate any exhibits cited in the briefs.

Counsel can order a transcript of any hearing by contacting Judge Seeger’s court reporter, Amy Kleynhans.  The court reporter requires a deposit before preparing a transcript, and will not prepare a transcript without a deposit.  The court reporter may provide an estimate, but the final amount is subject to change.  The Court expects and requires prompt payment to the court reporter.

Please contact the court reporter at least 5 business days before the start of any proceeding for which you anticipate needing daily or hourly transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled. 

Contact Amy at amy_kleynhans@ilnd.uscourts.gov or (312) 818-6531.

Counsel can order a transcript of any hearing by contacting Judge Seeger’s court reporter, Amy Kleynhans.  The court reporter requires a deposit before preparing a transcript, and will not prepare a transcript without a deposit.  The court reporter may provide an estimate, but the final amount is subject to change.  The Court expects and requires prompt payment to the court reporter.

Please contact the court reporter at least 5 business days before the start of any proceeding for which you anticipate needing daily or hourly transcript and/or a realtime feed or rough-draft transcript so that these services can be scheduled. 

Contact Amy at amy_kleynhans@ilnd.uscourts.gov or (312) 818-6531.

STANDING ORDER ON PREPARATION OF FINAL PRETRIAL ORDER
FOR CIVIL CASES BEFORE JUDGE SEEGER

    Unless otherwise ordered by the Court, the parties in every civil action that is scheduled for trial shall jointly prepare and submit a Final Pretrial Order.  This Standing Order sets the requirements for the Final Pretrial Order.

    Plaintiff’s counsel is responsible for preparing the initial draft of the Final Pretrial Order, but all counsel must participate in the process in good faith.  Counsel must cooperate with one another, and must respond to each other in a timely manner.  The Court requires each side to prepare their respective portions (e.g., each side will prepare its own exhibit list), and requires plaintiff’s counsel to put it all together and handle the filing.  Preparing the Final Pretrial Order is a big undertaking, and the process requires cooperation and full participation well in advance of the due date.  Counsel may notify the Court as necessary if the other side is not participating fully in the preparation process. 

    The parties must prepare the Final Pretrial Order as follows.  Plaintiff’s counsel must provide a draft to defendant’s counsel no later than twenty-one days before the due date.  Defendant’s counsel must respond in writing to plaintiff’s draft no later than fourteen days before the Final Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Final Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff). The parties must meet and confer no later than seven days before the due date to discuss their respective drafts and to reach agreement to the extent possible.  

    The Court expects the process to go smoothly.  Non-compliance with these requirements may subject a party and/or its counsel to sanctions.

    The Court encourages counsel to take care when preparing the Final Pretrial Order.  Make it user-friendly.

    After the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Final Pretrial Order for filing.  Counsel must submit the Final Pretrial Order to the Court with a cover document setting forth the case caption and the title FINAL PRETRIAL ORDER.  The cover document must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice.”  Counsel for each party must sign the document.

    Counsel must file the Final Pretrial Order electronically using CM/ECF.  To file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Proposed Pretrial Order event.  Also email it to Proposed_Order_Seeger@ilnd.uscourts.gov in Microsoft Word format.  

    The Final Pretrial Order must contain the following information:

    1.         Trial Attorneys.  The parties must provide a list of the attorneys trying the case, including business addresses, email addresses, and telephone numbers.  Also, they must provide a list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, and anyone else.

    2.         Jurisdiction.  The parties must provide a concise statement of the basis for federal subject matter jurisdiction.  In diversity cases or other cases requiring a jurisdictional amount in controversy, the Order shall contain either a stipulation that the required jurisdictional amount is met or a brief written statement citing evidence supporting the claim that such a sum reasonably could be awarded.  If jurisdiction is disputed, please state the nature of and basis for the dispute.

    3.         Type and length of trial.  The parties must state whether the trial will be a bench trial or a jury trial, and must provide a realistic estimate of the expected length of the trial, meaning the number of trial days (assume a six-hour day of trial testimony).  A typical trial day before Judge Seeger will begin between 9:30 and 10:00 a.m. and will end no later than 4:45 p.m., with a break of approximately 60 to 75 minutes for lunch.  Jury trials typically will begin on Mondays.  Jury selection will begin at 9:00 a.m. 

    4.         Claims for Trial.  The parties must identify all remaining claims (by count) and counterclaims.  Confirm which claims are pending against which defendants.  Provide a citation to the operative pleading (e.g., the second amended complaint), with the docket number.  See Second. Am. Cplt. (Dckt. No. 100).  Many complaints include lots of claims against several defendants, and it is common for some of the claims to fall by the wayside before trial.  The final pretrial order must make it easy to confirm what’s left for trial.  

    5.         Relief Sought.  The parties must provide an itemization of damages and other relief sought.  In personal injury and employment discrimination cases, it may be useful to consult Local Rule 16.1.2 and Local Rule 16.1.3, respectively, when itemizing damages estimates.

    6.         Case Statement.  The parties must provide a concise statement (one or two paragraphs) of the claim(s) of the plaintiff(s), defense(s) of the defendant(s), and all counterclaims or cross-claims.  In a jury trial, this statement will be read to the jury during voir dire.  The statement must be non-argumentative.  The goal is to provide the jury with a short, neutral overview of the case in plain English.  It will help bring the jury up to speed and alert them to any possible issues with sitting on the jury.  

    7.         Voir Dire Questions.  To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire (of no more than two pages) as it encourages reflection and candor.  To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file a joint document that includes:  (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection.  Each side is limited to 12 proposed disputed questions, absent leave of Court before the final pretrial conference.

    8.         Witnesses.  The parties must provide separate lists (per side) of the names of all witnesses:  (a) who will be called; (b) who may be called; and (c) whose testimony will be presented by deposition designation or other prior testimony (indicate whether the presentation will be by reading the testimony, or by video).  In a jury trial, the names on the list will be read to the jury during voir dire.  Any witness not listed in the Final Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable) as may be necessary.  For each witness, provide a short description (two or three sentences, tops) of the witness and his or her role in the case.  For example:  “George Washington was in the carriage with Plaintiff Alexander Hamilton.  Washington heard the libelous comments made by Defendant Aaron Burr.”

a.         Objections.  Each party must provide a statement of any objections to the calling of any witnesses, including expert witnesses.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If the objection is the subject of a motion in limine, the Pretrial Order may simply refer to the motion (with the docket number) and need not repeat the grounds stated in the motion.

b.         Depositions.  For each witness whose deposition will be used at trial, provide a chart with the following information:  (a) a list, by page and line, of the testimony that each side seeks to present; (b) a concise statement of objections to any testimony and the basis for the objection; and (c) a concise statement of the asserted basis of admissibility.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If there are objections, a copy of the deposition (preferably in small-type format) must be provided with the Final Pretrial Order (in a separate docket entry).  The opposing party must include counter-designations (if any) in the Final Pretrial Order, too.  Before trial, the Court may require a joint chart the identifies all of the deposition designations and counter-designations, by witness, for clarity and ease of reference.  

c.         Experts.  The parties must provide stipulations or statements setting forth the qualifications of each expert witness in such form that the statement can be read to the jury at the time the expert witness takes the stand.  The parties must identify the subject matter of each expert’s testimony.  Only one expert will be permitted to testify on each subject for each party absent good cause.  Any motions about expert qualifications, methodologies, and related matters within Rule 702, Rule 703, and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and its progeny, must be filed at least sixty days before trial.

    9.         Exhibits.  The parties must provide an exhibit list that includes all exhibits that the parties may introduce into evidence at trial.  The exhibit list must include (1) the trial exhibit number; (2) the date of the document; (3) a brief description of each exhibit; (4) whether there is an objection, and if so, a concise statement of the basis of the objection (e.g., Rule 402 – relevance; Rule 403 – undue prejudice); and (5) a concise statement of the asserted basis of admissibility, if there is an objection.  

    The chart should be easy to read, using a format that is substantially similar to the following:

    Any exhibit that is not listed in the Final Pretrial Order will not come into evidence absent a showing of good cause.  Avoid cumulative documents.  Duplicate exhibits shall not be listed by different parties, but may be offered as joint exhibits (for example, in a breach-of-contract case, the contract presumably should be a joint exhibit).  The parties should agree upon joint exhibits as soon as possible, so that counsel will have time to prepare their respective exhibit lists.  All parties shall stipulate to the authenticity of exhibits whenever possible.  The parties must identify any exhibits where authenticity remains in dispute and the specific reasons for any party’s refusal to stipulate.

a.         Numbering.  The parties must use the exhibit-naming convention for the Jury Evidence Recording System (JERS).

b.         Exhibits with no objection.  Exhibits for which there is no objection will be received in evidence when they are used (before the close of the evidence), without any need for further foundation testimony.  However, in jury trials, exhibits are not in evidence unless they are actually used at trial before the close of the evidence, even if there is no objection to the exhibits.  So they’re admissible, but not admitted.  If no party uses the exhibit, the exhibit is not in evidence, even if no one objected to the exhibit.  During trial, for the clarity of the record, a party should nonetheless move for the admission of any non-objected-to exhibits before publishing them to the jury.  

c.         Objections.  Each party must provide a statement of any objection to each exhibit.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  Parties must make any objections in good faith.  The Court strongly discourages boilerplate and frivolous objections.  They waste time, and detract the focus away from legitimate objections.  Make objections that matter (only).  If there are objections, a copy of the proposed exhibit must be provided with the Final Pretrial Order (in a separate docket entry).

d.         Copies for counsel and the Court.  Counsel must deliver to the Court a bench book of joint exhibits and each party’s separate exhibits, and must make it available to all counsel no later than two business days before the start of trial.  If the collection is voluminous (meaning more than a few binders per side), contact the Courtroom Deputy before providing a copy, and estimate the volume.  If the exhibits are especially voluminous, the Court may not require a hard copy.

e.         Exhibits to be displayed to the jury.  If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit.  The use of exhibit books for jurors may be discussed at the Final Pretrial Conference.

f.          Demonstratives.  Parties do not need to disclose demonstratives in the Final Pretrial Order.  Counsel must disclose any demonstratives to be used during opening statements by 5:00 p.m. on the evening before trial.

    10.       Undisputed Facts and Evidentiary Stipulations.  The parties must include a statement of any uncontested facts and evidentiary stipulations.  For example, the parties must provide a statement of any uncontested facts that will be read to the jury.  The parties also must include a statement of any stipulation about the scope of the evidence (e.g., that a party will not mention Topic X).  The stipulation should summarize any agreements reached after a meet and confer about potential motions in limine. 

    11.       Proposed findings and conclusions.  For a bench trial, each party must submit with the Final Pretrial Order a hard copy and an electronic copy (in Word) containing its proposed findings of fact and conclusions of law.

    12.       Proposed voir dire questions.  For a jury trial, the parties must submit proposed voir dire questions.  Judge Seeger uses a written questionnaire as the basis for general questioning of prospective jurors in voir dire.  The parties should assume that those general questions will be asked and need not duplicate them in the Final Pretrial Order.  The parties must focus their attention on areas of questioning that are specific to their case.  If any party objects to voir dire questions proposed by another party, the basis for the objection should be noted in the Final Pretrial Order.

    13.       Proposed jury instructions, verdict forms, and special interrogatories.  For a jury trial, the Final Pretrial Order must include proposed jury instructions, verdict forms, and special interrogatories (if any).  The parties must attempt in good faith to reach agreement and narrow the issues.  The documents must appear in the Final Pretrial Order itself.  Counsel also must submit Word versions of each document to the Courtroom Deputy.  The Court envisions separate entries in the Final Pretrial Order, as follows:  (1) agreed instructions; (2) plaintiff’s proposed instructions; (3) defendant’s objections to plaintiff’s proposed instructions; (4) defendant’s proposed instructions; and (5) plaintiff’s objections to defendant’s proposed instructions.

a.         Agreed Instructions.  The parties must meet and confer and agree upon as many jury instructions, verdict forms, and special interrogatories (if any) as possible.  The meet and confer must take place well in advance of the submission of the Final Pretrial Order.  Agreed proposed instructions should be marked as such and numbered consecutively.

b.         Disputed Instructions.  For disputed instructions, the parties must number the instructions and identify the proponent of the instructions (e.g., Plaintiff’s Proposed Instruction No. 1, and so on).  The parties must provide supporting authority for every disputed instruction (typically by providing a footnote with citation to case law). 

c.         Objections to Disputed Instructions.  Parties must state objections in writing, and provide the basis for the objection with supporting authority.  If an instruction is disputed, the objecting party must concisely state – on the page immediately following the instruction – the grounds for the objection, as well as any proposed modification or alternative.  That way, the Court will be able to read each proposed disputed instruction, followed by the objection, one by one, in a single document (per side).  The parties must exchange Word files of their respective proposed instructions, so that the other party can insert pages and make objections as necessary. 

d.         Pattern Instructions.  In diversity and other cases where Illinois law provides the rule of decision, use of Illinois Pattern Instructions for all issues of substantive law.  In cases arising under federal law, use the Seventh Circuit pattern jury instructions when applicable.  A party who proposes a change to the Seventh Circuit pattern jury instructions must provide a redline, and thus call attention to the proposed change.  Use pattern jury instructions from another federal court when there is no Seventh Circuit pattern jury instruction.

e.         Supplemental Instructions.  The Court generally will not grant requests for supplemental instructions during the course of the trial or at the conclusion of the evidence, except for matters that cannot reasonably be anticipated when the parties proposed the initial set of instructions.  

f.          Final Instructions.  At the time of trial, the parties must jointly submit to the Court an unmarked original set of instructions, verdict forms, and any special interrogatories in hard copy, on 8½” x 11” sheets of paper.  They will go to the jury room when the jury begins its deliberations.  The parties must submit a Word version, too.

g.         Verdict Form and Special Interrogatories.  The Court expect counsel to meet and confer, and reach agreement on the verdict form and (when appropriate) any special interrogatories whenever possible.

    14.       Discovery.  The parties must include a statement that all discovery is complete, including the depositions of expert witnesses (unless the Court has previously ordered otherwise).  In the unlikely event that discovery is not complete, the parties shall state what discovery needs to be completed by each party.  Absent good cause, the Court will not permit any additional discovery.

    15.       Trial Briefs.  Parties may submit trial briefs of no more than 15 pages on the same day as the Final Pretrial Order.  But trial briefs are not required.  Trial briefs should be filed as their own docket entries.  

    16.       Motions in limine.  Unless otherwise scheduled by the Court, any motions in limine must be filed and served no later than the due date for the Final Pretrial Order.  Responses to motions in limine must be filed and served no later than seven days after the motions are filed. Any replies in support of motions in limine will be accepted only with leave of Court.  Motions in limine and responses should not be bound with the Final Pretrial Order.  That is, motions in limine should appear as a separate docket entry.

a.         Meet-and-confer on motions in limine.  The Court expects the parties to meet and confer in good faith on the motions in limine before filing.  Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include.  If the meet-and-confer process results in agreement that certain matters are admissible or inadmissible, that agreement must be memorialized in a stipulation to be provided to Judge Seeger with the Final Pretrial Order or at the Final Pretrial Conference.

b.         Combined Filings.  A party can combine separate motions in limine and responses in a single filing (meaning the same ECF entry).

c.         Page Limit.  Motions in limine are limited to 25 pages per side (not per motion) absent leave of Court, excluding exhibits.

    17.       Transcripts.  Any requests for daily or other expedited transcripts must be made directly to Judge Seeger’s Court Reporter, Amy Spee, at least seven days before trial.  Her email address is amy_spee@ilnd.uscourts.gov, and her phone number is (312) 818-6531.  The Court Reporter may require a deposit based on an estimated length of the transcript, but the final cost may vary from the estimate.  The Court expects and requires prompt payment for any transcripts.

    18.       Evidence projection systems.  The Court has a limited number of evidence projection systems which may or may not be available.  Parties who would like access to evidence projection systems must make a request as early as possible to Judge Seeger’s Courtroom Deputy, Jessica Ramos.  Her email address is jessica_j_ramos@ilnd.uscourts.gov, and her phone number is (312) 818-6594.  The Court may permit the parties to use their own evidence projection systems, upon reasonable terms, if a request is made in advance of trial.

    19.       Final Pretrial Conference.  A Final Pretrial Conference will be held approximately two to four weeks before trial.  The purpose of this conference will be to avoid surprises and to simplify the trial.  At the conference, Judge Seeger may address any motions in limine that remain pending, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters.  Lead trial counsel must attend, and must be fully prepared and must have authority to discuss all aspects of the case.

    20.       Settlement.  The parties must meet and confer in good faith about settlement before filing the final pretrial order.  The parties must certify that they have discussed settlement in good faith and have attempted to achieve an amicable resolution.

STANDING ORDER ON PREPARATION OF FINAL PRETRIAL ORDER
FOR CIVIL CASES BEFORE JUDGE SEEGER

    Unless otherwise ordered by the Court, the parties in every civil action that is scheduled for trial shall jointly prepare and submit a Final Pretrial Order.  This Standing Order sets the requirements for the Final Pretrial Order.

    Plaintiff’s counsel is responsible for preparing the initial draft of the Final Pretrial Order, but all counsel must participate in the process in good faith.  Counsel must cooperate with one another, and must respond to each other in a timely manner.  The Court requires each side to prepare their respective portions (e.g., each side will prepare its own exhibit list), and requires plaintiff’s counsel to put it all together and handle the filing.  Preparing the Final Pretrial Order is a big undertaking, and the process requires cooperation and full participation well in advance of the due date.  Counsel may notify the Court as necessary if the other side is not participating fully in the preparation process. 

    The parties must prepare the Final Pretrial Order as follows.  Plaintiff’s counsel must provide a draft to defendant’s counsel no later than twenty-one days before the due date.  Defendant’s counsel must respond in writing to plaintiff’s draft no later than fourteen days before the Final Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Final Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff). The parties must meet and confer no later than seven days before the due date to discuss their respective drafts and to reach agreement to the extent possible.  

    The Court expects the process to go smoothly.  Non-compliance with these requirements may subject a party and/or its counsel to sanctions.

    The Court encourages counsel to take care when preparing the Final Pretrial Order.  Make it user-friendly.

    After the meet-and-confer process, it is the responsibility of plaintiff’s counsel, with full cooperation from defendant’s counsel, to assemble the Final Pretrial Order for filing.  Counsel must submit the Final Pretrial Order to the Court with a cover document setting forth the case caption and the title FINAL PRETRIAL ORDER.  The cover document must state that “This Order will control the course of the trial and may not be amended except by consent of the parties, or by order of the Court to prevent manifest injustice.”  Counsel for each party must sign the document.

    Counsel must file the Final Pretrial Order electronically using CM/ECF.  To file it, select the appropriate CM/ECF event, “Other Filings” and then “Other Documents,” and choose the Proposed Pretrial Order event.  Also email it to Proposed_Order_Seeger@ilnd.uscourts.gov in Microsoft Word format.  

    The Final Pretrial Order must contain the following information:

    1.         Trial Attorneys.  The parties must provide a list of the attorneys trying the case, including business addresses, email addresses, and telephone numbers.  Also, they must provide a list of the names of all people who will be sitting at counsel table, including parties, consultants, legal and technical assistants, and anyone else.

    2.         Jurisdiction.  The parties must provide a concise statement of the basis for federal subject matter jurisdiction.  In diversity cases or other cases requiring a jurisdictional amount in controversy, the Order shall contain either a stipulation that the required jurisdictional amount is met or a brief written statement citing evidence supporting the claim that such a sum reasonably could be awarded.  If jurisdiction is disputed, please state the nature of and basis for the dispute.

    3.         Type and length of trial.  The parties must state whether the trial will be a bench trial or a jury trial, and must provide a realistic estimate of the expected length of the trial, meaning the number of trial days (assume a six-hour day of trial testimony).  A typical trial day before Judge Seeger will begin between 9:30 and 10:00 a.m. and will end no later than 4:45 p.m., with a break of approximately 60 to 75 minutes for lunch.  Jury trials typically will begin on Mondays.  Jury selection will begin at 9:00 a.m. 

    4.         Claims for Trial.  The parties must identify all remaining claims (by count) and counterclaims.  Confirm which claims are pending against which defendants.  Provide a citation to the operative pleading (e.g., the second amended complaint), with the docket number.  See Second. Am. Cplt. (Dckt. No. 100).  Many complaints include lots of claims against several defendants, and it is common for some of the claims to fall by the wayside before trial.  The final pretrial order must make it easy to confirm what’s left for trial.  

    5.         Relief Sought.  The parties must provide an itemization of damages and other relief sought.  In personal injury and employment discrimination cases, it may be useful to consult Local Rule 16.1.2 and Local Rule 16.1.3, respectively, when itemizing damages estimates.

    6.         Case Statement.  The parties must provide a concise statement (one or two paragraphs) of the claim(s) of the plaintiff(s), defense(s) of the defendant(s), and all counterclaims or cross-claims.  In a jury trial, this statement will be read to the jury during voir dire.  The statement must be non-argumentative.  The goal is to provide the jury with a short, neutral overview of the case in plain English.  It will help bring the jury up to speed and alert them to any possible issues with sitting on the jury.  

    7.         Voir Dire Questions.  To the extent possible, the Court prefers that most questions asked of potential jurors be included in a written questionnaire (of no more than two pages) as it encourages reflection and candor.  To propose questions that should be included in the written questionnaire distributed to the venire, as well as questions the Court should ask orally, the parties must file a joint document that includes:  (1) joint questions in the form of a questionnaire; (2) a list of questions to be asked orally; and (3) proposed questions to which one party objects, and a short basis for the objection.  Each side is limited to 12 proposed disputed questions, absent leave of Court before the final pretrial conference.

    8.         Witnesses.  The parties must provide separate lists (per side) of the names of all witnesses:  (a) who will be called; (b) who may be called; and (c) whose testimony will be presented by deposition designation or other prior testimony (indicate whether the presentation will be by reading the testimony, or by video).  In a jury trial, the names on the list will be read to the jury during voir dire.  Any witness not listed in the Final Pretrial Order will be precluded from testifying absent a showing of good cause, except that each party reserves the right to call such rebuttal witnesses (who are not presently identifiable) as may be necessary.  For each witness, provide a short description (two or three sentences, tops) of the witness and his or her role in the case.  For example:  “George Washington was in the carriage with Plaintiff Alexander Hamilton.  Washington heard the libelous comments made by Defendant Aaron Burr.”

a.         Objections.  Each party must provide a statement of any objections to the calling of any witnesses, including expert witnesses.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If the objection is the subject of a motion in limine, the Pretrial Order may simply refer to the motion (with the docket number) and need not repeat the grounds stated in the motion.

b.         Depositions.  For each witness whose deposition will be used at trial, provide a chart with the following information:  (a) a list, by page and line, of the testimony that each side seeks to present; (b) a concise statement of objections to any testimony and the basis for the objection; and (c) a concise statement of the asserted basis of admissibility.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  If there are objections, a copy of the deposition (preferably in small-type format) must be provided with the Final Pretrial Order (in a separate docket entry).  The opposing party must include counter-designations (if any) in the Final Pretrial Order, too.  Before trial, the Court may require a joint chart the identifies all of the deposition designations and counter-designations, by witness, for clarity and ease of reference.  

c.         Experts.  The parties must provide stipulations or statements setting forth the qualifications of each expert witness in such form that the statement can be read to the jury at the time the expert witness takes the stand.  The parties must identify the subject matter of each expert’s testimony.  Only one expert will be permitted to testify on each subject for each party absent good cause.  Any motions about expert qualifications, methodologies, and related matters within Rule 702, Rule 703, and Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and its progeny, must be filed at least sixty days before trial.

    9.         Exhibits.  The parties must provide an exhibit list that includes all exhibits that the parties may introduce into evidence at trial.  The exhibit list must include (1) the trial exhibit number; (2) the date of the document; (3) a brief description of each exhibit; (4) whether there is an objection, and if so, a concise statement of the basis of the objection (e.g., Rule 402 – relevance; Rule 403 – undue prejudice); and (5) a concise statement of the asserted basis of admissibility, if there is an objection.  

    The chart should be easy to read, using a format that is substantially similar to the following:

    Any exhibit that is not listed in the Final Pretrial Order will not come into evidence absent a showing of good cause.  Avoid cumulative documents.  Duplicate exhibits shall not be listed by different parties, but may be offered as joint exhibits (for example, in a breach-of-contract case, the contract presumably should be a joint exhibit).  The parties should agree upon joint exhibits as soon as possible, so that counsel will have time to prepare their respective exhibit lists.  All parties shall stipulate to the authenticity of exhibits whenever possible.  The parties must identify any exhibits where authenticity remains in dispute and the specific reasons for any party’s refusal to stipulate.

a.         Numbering.  The parties must use the exhibit-naming convention for the Jury Evidence Recording System (JERS).

b.         Exhibits with no objection.  Exhibits for which there is no objection will be received in evidence when they are used (before the close of the evidence), without any need for further foundation testimony.  However, in jury trials, exhibits are not in evidence unless they are actually used at trial before the close of the evidence, even if there is no objection to the exhibits.  So they’re admissible, but not admitted.  If no party uses the exhibit, the exhibit is not in evidence, even if no one objected to the exhibit.  During trial, for the clarity of the record, a party should nonetheless move for the admission of any non-objected-to exhibits before publishing them to the jury.  

c.         Objections.  Each party must provide a statement of any objection to each exhibit.  Objections not made in the Final Pretrial Order will be deemed waived absent a showing of good cause.  Parties must make any objections in good faith.  The Court strongly discourages boilerplate and frivolous objections.  They waste time, and detract the focus away from legitimate objections.  Make objections that matter (only).  If there are objections, a copy of the proposed exhibit must be provided with the Final Pretrial Order (in a separate docket entry).

d.         Copies for counsel and the Court.  Counsel must deliver to the Court a bench book of joint exhibits and each party’s separate exhibits, and must make it available to all counsel no later than two business days before the start of trial.  If the collection is voluminous (meaning more than a few binders per side), contact the Courtroom Deputy before providing a copy, and estimate the volume.  If the exhibits are especially voluminous, the Court may not require a hard copy.

e.         Exhibits to be displayed to the jury.  If an exhibit is to be displayed to the jury, the party intending to display the exhibit must make sufficient copies for all jurors or must use an enlargement or projection of the exhibit.  The use of exhibit books for jurors may be discussed at the Final Pretrial Conference.

f.          Demonstratives.  Parties do not need to disclose demonstratives in the Final Pretrial Order.  Counsel must disclose any demonstratives to be used during opening statements by 5:00 p.m. on the evening before trial.

    10.       Undisputed Facts and Evidentiary Stipulations.  The parties must include a statement of any uncontested facts and evidentiary stipulations.  For example, the parties must provide a statement of any uncontested facts that will be read to the jury.  The parties also must include a statement of any stipulation about the scope of the evidence (e.g., that a party will not mention Topic X).  The stipulation should summarize any agreements reached after a meet and confer about potential motions in limine. 

    11.       Proposed findings and conclusions.  For a bench trial, each party must submit with the Final Pretrial Order a hard copy and an electronic copy (in Word) containing its proposed findings of fact and conclusions of law.

    12.       Proposed voir dire questions.  For a jury trial, the parties must submit proposed voir dire questions.  Judge Seeger uses a written questionnaire as the basis for general questioning of prospective jurors in voir dire.  The parties should assume that those general questions will be asked and need not duplicate them in the Final Pretrial Order.  The parties must focus their attention on areas of questioning that are specific to their case.  If any party objects to voir dire questions proposed by another party, the basis for the objection should be noted in the Final Pretrial Order.

    13.       Proposed jury instructions, verdict forms, and special interrogatories.  For a jury trial, the Final Pretrial Order must include proposed jury instructions, verdict forms, and special interrogatories (if any).  The parties must attempt in good faith to reach agreement and narrow the issues.  The documents must appear in the Final Pretrial Order itself.  Counsel also must submit Word versions of each document to the Courtroom Deputy.  The Court envisions separate entries in the Final Pretrial Order, as follows:  (1) agreed instructions; (2) plaintiff’s proposed instructions; (3) defendant’s objections to plaintiff’s proposed instructions; (4) defendant’s proposed instructions; and (5) plaintiff’s objections to defendant’s proposed instructions.

a.         Agreed Instructions.  The parties must meet and confer and agree upon as many jury instructions, verdict forms, and special interrogatories (if any) as possible.  The meet and confer must take place well in advance of the submission of the Final Pretrial Order.  Agreed proposed instructions should be marked as such and numbered consecutively.

b.         Disputed Instructions.  For disputed instructions, the parties must number the instructions and identify the proponent of the instructions (e.g., Plaintiff’s Proposed Instruction No. 1, and so on).  The parties must provide supporting authority for every disputed instruction (typically by providing a footnote with citation to case law). 

c.         Objections to Disputed Instructions.  Parties must state objections in writing, and provide the basis for the objection with supporting authority.  If an instruction is disputed, the objecting party must concisely state – on the page immediately following the instruction – the grounds for the objection, as well as any proposed modification or alternative.  That way, the Court will be able to read each proposed disputed instruction, followed by the objection, one by one, in a single document (per side).  The parties must exchange Word files of their respective proposed instructions, so that the other party can insert pages and make objections as necessary. 

d.         Pattern Instructions.  In diversity and other cases where Illinois law provides the rule of decision, use of Illinois Pattern Instructions for all issues of substantive law.  In cases arising under federal law, use the Seventh Circuit pattern jury instructions when applicable.  A party who proposes a change to the Seventh Circuit pattern jury instructions must provide a redline, and thus call attention to the proposed change.  Use pattern jury instructions from another federal court when there is no Seventh Circuit pattern jury instruction.

e.         Supplemental Instructions.  The Court generally will not grant requests for supplemental instructions during the course of the trial or at the conclusion of the evidence, except for matters that cannot reasonably be anticipated when the parties proposed the initial set of instructions.  

f.          Final Instructions.  At the time of trial, the parties must jointly submit to the Court an unmarked original set of instructions, verdict forms, and any special interrogatories in hard copy, on 8½” x 11” sheets of paper.  They will go to the jury room when the jury begins its deliberations.  The parties must submit a Word version, too.

g.         Verdict Form and Special Interrogatories.  The Court expect counsel to meet and confer, and reach agreement on the verdict form and (when appropriate) any special interrogatories whenever possible.

    14.       Discovery.  The parties must include a statement that all discovery is complete, including the depositions of expert witnesses (unless the Court has previously ordered otherwise).  In the unlikely event that discovery is not complete, the parties shall state what discovery needs to be completed by each party.  Absent good cause, the Court will not permit any additional discovery.

    15.       Trial Briefs.  Parties may submit trial briefs of no more than 15 pages on the same day as the Final Pretrial Order.  But trial briefs are not required.  Trial briefs should be filed as their own docket entries.  

    16.       Motions in limine.  Unless otherwise scheduled by the Court, any motions in limine must be filed and served no later than the due date for the Final Pretrial Order.  Responses to motions in limine must be filed and served no later than seven days after the motions are filed. Any replies in support of motions in limine will be accepted only with leave of Court.  Motions in limine and responses should not be bound with the Final Pretrial Order.  That is, motions in limine should appear as a separate docket entry.

a.         Meet-and-confer on motions in limine.  The Court expects the parties to meet and confer in good faith on the motions in limine before filing.  Any motion in limine filed by a party must be accompanied by a statement that the party has conferred with the opposing party and has determined that the matter upon which a ruling is sought is actually in dispute – that is, that the opposing party intends to offer the evidence that the movant seeks to exclude, or actually opposes admission of the evidence that the movant seeks to include.  If the meet-and-confer process results in agreement that certain matters are admissible or inadmissible, that agreement must be memorialized in a stipulation to be provided to Judge Seeger with the Final Pretrial Order or at the Final Pretrial Conference.

b.         Combined Filings.  A party can combine separate motions in limine and responses in a single filing (meaning the same ECF entry).

c.         Page Limit.  Motions in limine are limited to 25 pages per side (not per motion) absent leave of Court, excluding exhibits.

    17.       Transcripts.  Any requests for daily or other expedited transcripts must be made directly to Judge Seeger’s Court Reporter, Amy Spee, at least seven days before trial.  Her email address is amy_spee@ilnd.uscourts.gov, and her phone number is (312) 818-6531.  The Court Reporter may require a deposit based on an estimated length of the transcript, but the final cost may vary from the estimate.  The Court expects and requires prompt payment for any transcripts.

    18.       Evidence projection systems.  The Court has a limited number of evidence projection systems which may or may not be available.  Parties who would like access to evidence projection systems must make a request as early as possible to Judge Seeger’s Courtroom Deputy, Jessica Ramos.  Her email address is jessica_j_ramos@ilnd.uscourts.gov, and her phone number is (312) 818-6594.  The Court may permit the parties to use their own evidence projection systems, upon reasonable terms, if a request is made in advance of trial.

    19.       Final Pretrial Conference.  A Final Pretrial Conference will be held approximately two to four weeks before trial.  The purpose of this conference will be to avoid surprises and to simplify the trial.  At the conference, Judge Seeger may address any motions in limine that remain pending, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters.  Lead trial counsel must attend, and must be fully prepared and must have authority to discuss all aspects of the case.

    20.       Settlement.  The parties must meet and confer in good faith about settlement before filing the final pretrial order.  The parties must certify that they have discussed settlement in good faith and have attempted to achieve an amicable resolution.

STANDING ORDER ON TRIAL CONDUCT
AND PROCEDURES FOR ALL TRIALS BEFORE JUDGE SEEGER

          The Court issues this Standing Order to govern all trials and proceedings.  This Standing Order is designed to ensure a fair and orderly trial for all parties.  Counsel and the parties must familiarize themselves with these procedures before trial, and must raise any questions or issues no later than the final pretrial conference if at all possible.

1.         Counsel must treat each other and all witnesses, including adverse witnesses, professionally and courteously.  Show class, and act with kindness.  Unless otherwise permitted by the Court, counsel shall refer to all witnesses over the age of 18, including their clients, as “Mr.” or “Ms.”  Or by their official title (e.g., “Captain” or “Dr.”).  The use of first names or nicknames is prohibited.  

2.         Counsel must conduct all opening statements, closing arguments, and examinations of witnesses from the podium unless otherwise allowed by the Court.  If you can’t touch the podium, you’re too far from the podium.  Counsel must remain an appropriate distance from the jury box.  Do not invade their space. 

3.         The Court will enforce the traditional rules about opening statements and closing arguments.  Remember that an opening is an opening statement, not an opening argument.  It is an introduction to the case, and a preview of the evidence, not an argument about the evidence.  In openings and closings, counsel must avoid making statements or arguments that will engender valid objections.  The Court will intervene sua sponte and not wait for objections if it observes the failure of counsel to adhere to basic legal principles and standards of civility.  For openings, counsel must show any demonstratives (including powerpoints) to opposing counsel the night before.  When making closing arguments, counsel shall be limited by the evidence presented during trial, and must not appeal to the jurors’ perceived prejudices.

4.         Only one attorney from each side may inquire of a particular witness.  That same attorney is responsible for making and responding to objections about that witness.  Counsel must obtain permission from the Court before approaching a witness.

5.         On direct or cross-examination of a witness, counsel must not (i) testify by improperly incorporating facts into their questions so as to put before the jury information that has not been received in evidence (e.g., reading into the record a document that has not been admitted into evidence); (ii) use an objection as an opportunity to argue or make a speech in the presence of the jury; or (iii) show the jury a document or anything else that has not yet been received in evidence without prior leave of Court.

6.         Throughout the trial and during closing arguments, counsel shall not (i) comment adversely on the failure of any defendant in a criminal case to testify in his or her own behalf; (ii) make statements of personal belief to the jury; (iii) make personal attacks on other counsel in the case; (iv) appeal to the self-interest of the jurors; (v) make potentially inflammatory racial, ethnic, political, or religious comments; or (vi) make any statements or suggestions inconsistent with the rulings of the Court on any issue, including rulings on motions in limine, motions to suppress, evidentiary objections, and anything else.

7.         Counsel should disclose the identity and order of trial witnesses as far in advance as possible.  At the end of each trial day, counsel must disclose the witnesses who they intend to call the next day, and in what order. 

8.         Once the trial begins, the trial will not be recessed because a witness on call is unavailable, except in extraordinary circumstances.  The Court will endeavor to accommodate out-of-town and expert witnesses if counsel alerts the Court and the other side in advance.  The party calling a witness shall arrange for the presence of that witness until cross-examination is completed, including the following trial day if necessary. The failure to have a witness present for cross-examination following direct examination is grounds to strike the testimony.

9.         Unless otherwise stipulated, examining counsel must identify or show each exhibit to opposing counsel before showing it to a witness.  Counsel must provide opposing counsel with a copy of the final proposed exhibits before trial, even if not offered into evidence, to allow the Court to consider any objections without wasting the time of the jury.  All exhibits must be marked in advance.

10.       In most cases, the defense will not be able to conduct its direct examination of a witness during plaintiff’s case in chief (and vice versa).  That said, the Court may allow it if the witness is from out of town, or is sick or elderly, or if the parties agree.  Otherwise, if plaintiff calls a witness, and the defense wants to call that witness too, the defense must call that witness a second time.

11.       Counsel must stand for all objections.  Counsel should instruct their witnesses not to answer a question while an objection is pending.  Counsel should not stand during witness examination unless to make an objection.

12.       Objections should be short and to the point.  Counsel should avoid argumentative objections.  Summarize objections by noting by number the rule of evidence (e.g., “Rule 608(b)”) or by describing the nature of the objection (e.g., “hearsay,” “prior ruling,” “foundation,” etc.).  If the Court desires further discussion or argument concerning an objection, counsel will be directed to side bar and/or the matter will be taken up at a break outside the presence of the jury.  For purposes of making a record and assisting appellate review, counsel may explain or amplify their objections on the record after the jury has been excused for a break, for lunch, or for the day.  Counsel must not make objections in a theatrical manner.

13.       Counsel are reminded that their own opinions about facts or issues in a case are irrelevant and should not be communicated to the jury (e.g., “I think” or “we believe”).

14.       As a general matter, check with the Court before asking a witness about a topic that might carry a risk of undue prejudice.  If in doubt, ask and seek preclearance.  

15.       To minimize the need for side bars, counsel are directed to “front” all anticipated issues before the trial day begins, during breaks, or at the close of the day – when the jury is not in the courtroom.  To the extent possible, any legal matters or evidentiary issues that may arise during the course of a trial and have not been the subject of a motion in limine or pretrial motion should be called to the Court’s attention and discussed between counsel no later than the night before the witness or exhibit is to be offered – and earlier if at all possible.  To avoid keeping the jury waiting while legal or evidentiary issues are discussed and resolved, the following procedure shall apply if counsel cannot reach resolution of the issue:  The proponent of the objection or evidence shall email to chambers and to opposing counsel that evening, in succinct terms, a statement of the evidentiary issue or objection and their position, with supporting legal authority.  The opposing party shall email to chambers and to opposing counsel by no later than 8:30 a.m. its contrary position with supporting legal authority.  The Court will discuss and rule during the time for preliminary matters each morning before jury is brought to the courtroom for the day’s trial proceedings. 

16.       A typical trial day will begin around 9:30 a.m.  Trial days ordinarily will end at approximately 4:45 p.m., with about an hour for a lunch break.  Trial counsel must be present by 9:00 a.m. to discuss any preliminary matters.  The Court will provide as much advance notice as possible if deviation from the ordinary schedule will be necessary.

17.       All persons at counsel table should avoid reactions, facial expressions, and other expressions, verbal or non-verbal, that might be observed by the jury.  Do not react to any witness testimony, statements of counsel, or Court rulings in a way that the jury might see or hear.

18.       Witnesses (other than parties and experts) are generally excluded from proceedings until they testify.  Counsel should instruct witnesses not to discuss court proceedings with those who have not yet testified.  Counsel must not tell witnesses who have not yet testified what other witnesses have said on the witness stand.  Witnesses are sequestered during adverse examination.  They are forbidden from discussing the case with anyone – including counsel –  during breaks or recesses unless otherwise ordered by the Court.

19.       Counsel must inform their witnesses of any applicable motion in limine rulings by the Court, and must ensure compliance.

20.       Counsel are in charge of their own exhibits.  Large exhibits may be stored in the cloakroom overnight.

21.       Cell phones must be turned off while court is in session.

22.       Tape recordings of judicial proceedings are prohibited under Local Rule 83.1.

23.       Before closing arguments, the parties must provide a hard copy of all of the admitted exhibits, so that the jury can review them during deliberations.  Also, the parties must provide an exhibit list for the admitted exhibits (only), so that the jury can have a user-friendly way of finding what they want to find.  The exhibit list must include the exhibit number, as well as a neutral description of each document.  The punchline is that the parties must make it easy for the jury to review the evidence, and find what they’re looking for.

24.       The Court reminds counsel of the need to prepare digital versions of exhibits that are compatible with the Court’s JERS system.

25.       The Court prohibits the parties and their counsel (including agents) from contacting any of the jurors after the completion of the trial without leave of Court.

STANDING ORDER ON TRIAL CONDUCT
AND PROCEDURES FOR ALL TRIALS BEFORE JUDGE SEEGER

          The Court issues this Standing Order to govern all trials and proceedings.  This Standing Order is designed to ensure a fair and orderly trial for all parties.  Counsel and the parties must familiarize themselves with these procedures before trial, and must raise any questions or issues no later than the final pretrial conference if at all possible.

1.         Counsel must treat each other and all witnesses, including adverse witnesses, professionally and courteously.  Show class, and act with kindness.  Unless otherwise permitted by the Court, counsel shall refer to all witnesses over the age of 18, including their clients, as “Mr.” or “Ms.”  Or by their official title (e.g., “Captain” or “Dr.”).  The use of first names or nicknames is prohibited.  

2.         Counsel must conduct all opening statements, closing arguments, and examinations of witnesses from the podium unless otherwise allowed by the Court.  If you can’t touch the podium, you’re too far from the podium.  Counsel must remain an appropriate distance from the jury box.  Do not invade their space. 

3.         The Court will enforce the traditional rules about opening statements and closing arguments.  Remember that an opening is an opening statement, not an opening argument.  It is an introduction to the case, and a preview of the evidence, not an argument about the evidence.  In openings and closings, counsel must avoid making statements or arguments that will engender valid objections.  The Court will intervene sua sponte and not wait for objections if it observes the failure of counsel to adhere to basic legal principles and standards of civility.  For openings, counsel must show any demonstratives (including powerpoints) to opposing counsel the night before.  When making closing arguments, counsel shall be limited by the evidence presented during trial, and must not appeal to the jurors’ perceived prejudices.

4.         Only one attorney from each side may inquire of a particular witness.  That same attorney is responsible for making and responding to objections about that witness.  Counsel must obtain permission from the Court before approaching a witness.

5.         On direct or cross-examination of a witness, counsel must not (i) testify by improperly incorporating facts into their questions so as to put before the jury information that has not been received in evidence (e.g., reading into the record a document that has not been admitted into evidence); (ii) use an objection as an opportunity to argue or make a speech in the presence of the jury; or (iii) show the jury a document or anything else that has not yet been received in evidence without prior leave of Court.

6.         Throughout the trial and during closing arguments, counsel shall not (i) comment adversely on the failure of any defendant in a criminal case to testify in his or her own behalf; (ii) make statements of personal belief to the jury; (iii) make personal attacks on other counsel in the case; (iv) appeal to the self-interest of the jurors; (v) make potentially inflammatory racial, ethnic, political, or religious comments; or (vi) make any statements or suggestions inconsistent with the rulings of the Court on any issue, including rulings on motions in limine, motions to suppress, evidentiary objections, and anything else.

7.         Counsel should disclose the identity and order of trial witnesses as far in advance as possible.  At the end of each trial day, counsel must disclose the witnesses who they intend to call the next day, and in what order. 

8.         Once the trial begins, the trial will not be recessed because a witness on call is unavailable, except in extraordinary circumstances.  The Court will endeavor to accommodate out-of-town and expert witnesses if counsel alerts the Court and the other side in advance.  The party calling a witness shall arrange for the presence of that witness until cross-examination is completed, including the following trial day if necessary. The failure to have a witness present for cross-examination following direct examination is grounds to strike the testimony.

9.         Unless otherwise stipulated, examining counsel must identify or show each exhibit to opposing counsel before showing it to a witness.  Counsel must provide opposing counsel with a copy of the final proposed exhibits before trial, even if not offered into evidence, to allow the Court to consider any objections without wasting the time of the jury.  All exhibits must be marked in advance.

10.       In most cases, the defense will not be able to conduct its direct examination of a witness during plaintiff’s case in chief (and vice versa).  That said, the Court may allow it if the witness is from out of town, or is sick or elderly, or if the parties agree.  Otherwise, if plaintiff calls a witness, and the defense wants to call that witness too, the defense must call that witness a second time.

11.       Counsel must stand for all objections.  Counsel should instruct their witnesses not to answer a question while an objection is pending.  Counsel should not stand during witness examination unless to make an objection.

12.       Objections should be short and to the point.  Counsel should avoid argumentative objections.  Summarize objections by noting by number the rule of evidence (e.g., “Rule 608(b)”) or by describing the nature of the objection (e.g., “hearsay,” “prior ruling,” “foundation,” etc.).  If the Court desires further discussion or argument concerning an objection, counsel will be directed to side bar and/or the matter will be taken up at a break outside the presence of the jury.  For purposes of making a record and assisting appellate review, counsel may explain or amplify their objections on the record after the jury has been excused for a break, for lunch, or for the day.  Counsel must not make objections in a theatrical manner.

13.       Counsel are reminded that their own opinions about facts or issues in a case are irrelevant and should not be communicated to the jury (e.g., “I think” or “we believe”).

14.       As a general matter, check with the Court before asking a witness about a topic that might carry a risk of undue prejudice.  If in doubt, ask and seek preclearance.  

15.       To minimize the need for side bars, counsel are directed to “front” all anticipated issues before the trial day begins, during breaks, or at the close of the day – when the jury is not in the courtroom.  To the extent possible, any legal matters or evidentiary issues that may arise during the course of a trial and have not been the subject of a motion in limine or pretrial motion should be called to the Court’s attention and discussed between counsel no later than the night before the witness or exhibit is to be offered – and earlier if at all possible.  To avoid keeping the jury waiting while legal or evidentiary issues are discussed and resolved, the following procedure shall apply if counsel cannot reach resolution of the issue:  The proponent of the objection or evidence shall email to chambers and to opposing counsel that evening, in succinct terms, a statement of the evidentiary issue or objection and their position, with supporting legal authority.  The opposing party shall email to chambers and to opposing counsel by no later than 8:30 a.m. its contrary position with supporting legal authority.  The Court will discuss and rule during the time for preliminary matters each morning before jury is brought to the courtroom for the day’s trial proceedings. 

16.       A typical trial day will begin around 9:30 a.m.  Trial days ordinarily will end at approximately 4:45 p.m., with about an hour for a lunch break.  Trial counsel must be present by 9:00 a.m. to discuss any preliminary matters.  The Court will provide as much advance notice as possible if deviation from the ordinary schedule will be necessary.

17.       All persons at counsel table should avoid reactions, facial expressions, and other expressions, verbal or non-verbal, that might be observed by the jury.  Do not react to any witness testimony, statements of counsel, or Court rulings in a way that the jury might see or hear.

18.       Witnesses (other than parties and experts) are generally excluded from proceedings until they testify.  Counsel should instruct witnesses not to discuss court proceedings with those who have not yet testified.  Counsel must not tell witnesses who have not yet testified what other witnesses have said on the witness stand.  Witnesses are sequestered during adverse examination.  They are forbidden from discussing the case with anyone – including counsel –  during breaks or recesses unless otherwise ordered by the Court.

19.       Counsel must inform their witnesses of any applicable motion in limine rulings by the Court, and must ensure compliance.

20.       Counsel are in charge of their own exhibits.  Large exhibits may be stored in the cloakroom overnight.

21.       Cell phones must be turned off while court is in session.

22.       Tape recordings of judicial proceedings are prohibited under Local Rule 83.1.

23.       Before closing arguments, the parties must provide a hard copy of all of the admitted exhibits, so that the jury can review them during deliberations.  Also, the parties must provide an exhibit list for the admitted exhibits (only), so that the jury can have a user-friendly way of finding what they want to find.  The exhibit list must include the exhibit number, as well as a neutral description of each document.  The punchline is that the parties must make it easy for the jury to review the evidence, and find what they’re looking for.

24.       The Court reminds counsel of the need to prepare digital versions of exhibits that are compatible with the Court’s JERS system.

25.       The Court prohibits the parties and their counsel (including agents) from contacting any of the jurors after the completion of the trial without leave of Court.