C.D. Ill. Civil LR 16.1

(A) Special Pretrial Conference

A special pretrial conference may be held at any time by the presiding judge on

notice issued to the parties whenever it appears that such may aid in disposition or

preparation for trial. The special pretrial conference will be by telephone

conference unless otherwise directed by the presiding judge.

(B) Settlement Conference

The presiding judge may order the parties to submit to settlement conferences at

any time if it appears that a case may be resolved by settlement. The settlement

conference will be by personal appearance unless otherwise directed by the

presiding judge. In addition to the attorney responsible for the actual trial of the

case, someone with final settlement authority must attend the settlement

conference, either in person or by telephone. The settlement conference in a matter

to be tried to the Court must be conducted by a judge who will not preside at the

trial of the case.

(C) Vacated 8/2023.

(D) Cases With Intervening Bankruptcy

(1) Whenever the presiding judge is advised that a bankruptcy under U.S.C.

Title 11, or any other similar Court-ordered reorganization of liquidation

which stays ongoing debt collection proceedings, affects any party to any

case filed in the district Court of this district, the presiding judge will enter

an order directing the parties to file within the Clerk of this Court a copy of

the stay order. Until such order is filed, the presiding judge will keep the

case on its active docket.

(2) After the stay order is filed, the presiding judge will enter an order directing

the parties to show cause why the district Court case should not be dismissed

because of the pending bankruptcy, reorganization, or liquidation

proceeding. The order to show cause will be returnable to a district judge

at a date certain no less than 180 days from the date the stay order was filed

with the Clerk of this Court. The time may be extended for good cause

shown.

(3) It is the responsibility of the parties to the district Court case to take

whatever action is necessary to protect their interests in the bankruptcy,

reorganization or liquidation proceedings. It is the further responsibility of

the parties to lift the stay order or otherwise obtain relief from the

bankruptcy, reorganization or liquidation proceeding and file with the

district Court a copy of the order allowing the district Court case to proceed

in order to prosecute the district Court case. If such action is not taken the

district Court case will be dismissed.

(E) Final Pretrial Conference

(1) A final pretrial conference will be scheduled by the presiding judge as soon

as feasible after the date set for completion of discovery. Uncompleted

discovery will not delay the final pretrial conference.

(2) Counsel for the parties or the parties, if not represented by counsel, must

confer prior to the date set for final pretrial conference. They will explore

the prospects of settlement and be prepared to report to the presiding judge

at the final pretrial conference whether settlement is possible.

(3) The final pretrial conference will be by personal appearance unless

otherwise directed by the presiding judge. Counsel who will actually try the

case or parties not represented by counsel must appear at the final pretrial

conference. Counsel and the parties must be authorized and prepared to

enter such stipulations and agreements as may be appropriate.

(4) Prior to the date set for final pretrial conference, the parties must confer and

prepare a proposed final pretrial order for presentation to the Court at the

conference unless otherwise ordered by the Court. The form and content of

the order are prescribed below and in Appendix 1.

(5) At the final pretrial conference, the presiding judge and counsel will

consider the following:

(a) Simplification of the issues for trial;

(b) Any problems of evidence;

(c) Possible limitations of the number of expert witnesses;

(d) The desirability and timing of trial briefs;

(e) The prospects of settlement;

(f) Such other matters that may aid in the fair and expeditious trial and

disposition of the action; and

(g) The possibility of trying the case on short notice. If the parties

agree, the case will be put on a short notice calendar and may be

called for trial on less than one-week notice.

(6) In cases to be tried to a jury, the parties must submit an agreed set of jury

instructions. Instructions upon which the parties are unable to agree must be

submitted separately by the parties, unless excused by the presiding judge.

Each instruction must be appropriately numbered and on a separate sheet of

8 1/2” x 11” paper; must cover no more than one subject; must identify the

source and authority upon which it is based; and must have the name of the

party who submitted it noted at the bottom of the page.

(7) In bench trials, the parties must submit an agreed set of findings of fact and

conclusions of law. Findings and conclusions upon which the parties are

unable to agree must be submitted separately by the parties, unless excused

by the presiding judge.

(8) Unless otherwise directed by the presiding judge, the parties must submit

any trial briefs and motions in limine on or before 14 days prior to the

scheduled start of trial. Untimely motions will not be considered unless

good cause for delay can be shown to exist.

(F) Final Pretrial Order

Counsel for the plaintiff must prepare the order unless otherwise ordered by the

presiding judge, and must submit it to opposing counsel at least 7 days prior to the

date set for final pretrial conference. The pretrial order must contain the following:

(1) A brief statement of the nature of the case including the facts showing the

basis for jurisdiction even if jurisdiction is not contested;

(2) A signed stipulation of uncontested material facts;

(3) A joint statement of uncontested issues of law;

(4) A joint statement of all contested material facts and issues of law;

(5) Stipulations regarding the use of depositions and the presentation of expert

testimony;

(6) A list of all witnesses each party intends to call at trial. Failure to include a

witness in the list may result in the witness being barred from offering

testimony at trial;

(7) A list of exhibits each party intends to offer or use at trial. The Court will

assume that authentication proof for any listed exhibit is waived unless a

specific objection to lack of authenticity is raised in the pretrial order. All

other objections to exhibits must be specifically noted. Exhibits must be identified

by number only and conform to the listing contained in the pretrial order;

(8) A list of all demonstrative aids intended for use in the trial. All foundation

questions concerning those aids will be considered waived by the Court

unless specific objection is stated in the pretrial order.

(9) At the close of the pretrial conference, the parties and the presiding judge

will sign the pretrial order. If changes or amendments to the order are

required, the parties will complete the changes before they leave the

Courthouse, or the conference may be recessed to be continued in person

within 14 days. The signed pretrial order takes the place of all prior

pleadings. Any issue not contained in the final pretrial order will not be

tried.

(10) A sample form of pretrial order is contained in Local Rules Appendix 1. The

parties are admonished to conform their pretrial order to the sample format.

(G) Sanctions

Failure of counsel or parties, if not represented by counsel, to appear at any

scheduled pretrial conference, including telephone conferences, or otherwise to

comply with the provisions of this rule, may result in dismissal, default, awarding

of attorney’s fees and costs, and such other sanctions as may be appropriate.