Judge Michael F. Iasparro
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibits
- 2 copies • Five Business Days Before Pretrial Conference
Binding: Three Ring Binder
Proposed Final Pretrial Order
Communication
Chambers
Chambers
Page & Word Limits2 rules
Each side is limited to 12 proposed disputed questions, unless a motion is filed before the pretrial conference that explains good cause for proposing more than the limit.
Voir Dire Questions
As a general rule, parties must limit settlement letters to no more than five (5) pages, exclusive of exhibits, unless they obtain leave of Court.
Pre Settlement Conference Letter
5 pages
Document Format Requirements8 rules
After filing, the proposed pretrial order must also be emailed to the judge’s proposed-order inbox in Microsoft Word format.
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 Judge Iasparro’s proposed order inbox in Microsoft Word format: Proposed_Order_Iasparro@ilnd.uscourts.gov.
DOCX
JERS accepts these common file types: Documents and Photographs: .pdf, .jpg. Video and Audio Recordings: .avi, .wmv, .mpg, .mp3, .wma, .wav
Exhibit numbers must be consecutive without letters or parts.
Use consecutive numbers to designate exhibits; do not use letters to distinguish exhibits. Also, do not use an “exhibit part,” such as 1A or 2A. Just use consecutive numbers (plus the neutral description).
One last thing: a physical object of course will not be imported into JERS, but you should still assign a consecutively numbered exhibit designation to it, along with a neutral description. Then create a one-page .pdf with the exhibit number and neutral description on it, and submit those exhibits as part of the JERS disc.
Exhibits must be named with number, underscore, and neutral description.
To use JERS, both sides must use the following exhibit-naming convention, which also will serve as the file name for the digital file: the exhibit number, followed by an underscore, followed by a neutral description of the exhibit. The convention is thus: <exhibit number>__<exhibit description>.<file extension>1
If there are multiple parties on a particular side, then you must coordinate with your co-plaintiff’s or co-defendant’s attorney to generate a consecutively numbered set of exhibits.
The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged).
If you are using litigation-display software that imprints a “digital” exhibit sticker on documentary exhibits, that is fine, though you should confine the exhibit sticker to the party designation (e.g., Pla or Gov, and Def) and the exhibit number.
Document Filing Requirements37 rules
The proposed order must include a concise, agreed, neutral case statement describing the case, claims, and defenses for the Court to read during jury selection.
Provide a concise agreed statement of the case to be read by the Court to the jury pool during jury selection. The statement must describe the nature of the case, claims, and defenses. This is a neutral description of the case, with just enough information to introduce the case to the jury and to ask potential jurors whether they happen to know anything about the case.
DocumentProposed Final Pretrial Order
State the jurisdictional basis for each claim. If the parties rely on either diversity jurisdiction or another jurisdictional basis that requires a threshold amount, then state whether the parties agree that the amount in controversy exceeds the amount and include a concise explanation of how the evidence supports that statement.
DocumentProposed Final Pretrial Order
The proposed order must state estimated trial days based on six-hour testimony days, propose time limits for openings, closings, and witness examination, and recommend a jury size.
State the estimated number of trial days, including jury selection and deliberations, premised on six-hour trial-testimony days (the six hours already accounts for lunch and breaks). Propose estimated time limits for: ===== PAGE 2 ===== (a) opening statements per side; (b) closing arguments per side (including an initial close and rebuttal for the plaintiff); and (c) the total number of hours of witness examination per side. Also, state the number of jurors that the parties recommend (subject to Federal Rule of Civil Procedure 48(a)).
DocumentProposed Final Pretrial Order
List all of the attorneys trying the case, as well as contact information (business address, telephone number, and email address).
DocumentProposed Final Pretrial Order
No later than 5 business days before the due date, the parties must confer in good faith to arrive at as many stipulations and uncontested facts as possible.
DocumentProposed Final Pretrial Order
In numbered paragraphs, state any stipulations and uncontested facts.
DocumentProposed Final Pretrial Order
The parties must submit separate plaintiff and defendant exhibit charts identifying each exhibit, its date if applicable, a neutral description, relevance, and any objection with a concise explanation; landscape orientation is encouraged.
The parties must submit an exhibit chart, one each for Plaintiff’s exhibits and Defendant’s exhibits. The charts must state the following: (a) the exhibit number; (b) the date of the document or exhibit, if applicable; (c) a concise, neutral description of the exhibit; (d) a concise statement of the exhibit’s relevance; and (e) whether there is an objection to the exhibit’s admission, and if so, a concise explanation of the objection. The chart’s format shall be substantially similar to the example below (landscape orientation is encouraged).
DocumentProposed Final Pretrial Order
Each party must provide witness lists separating witnesses who will be called from those who might be called, include expert and non-court testimony witnesses, and give each witness a concise two- or three-sentence description; an unlisted witness may testify only upon a showing of good cause.
Each party shall provide a list of witnesses, including expert witnesses, divided into: (a) witnesses who will be called; and (b) witnesses who might be called. The lists should include even those witnesses whose testimony will not be presented in court (e.g., a video deposition). For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’ role in the case. For example: “George Washington is Plaintiff’s cousin. Washington witnessed the arrest of Plaintiff where Defendants allegedly used excessive force.” Or: “John Adams is Defendant’s Chief Operating Officer. Adams made promises concerning the timing of payments under the contract.” Witnesses who are not on the lists are barred from testifying unless the proponent shows good cause for the failure to disclose the witness. The names of witnesses on the lists will be read to the jury during jury selection to ensure that potential jurors do not personally know any witnesses.
DocumentProposed Final Pretrial Order
After the pretrial conference and rulings on exhibits, no later than 5 business days before trial, the parties must submit the final trial exhibits on a disc or drive and provide one paper copy of the exhibits, double-sided in three-ring binders.
DocumentFinal Trial Exhibits
In addition to the disc, the parties also must supply 2 sets of exhibit binders containing copies of objected-to exhibits only.
DocumentExhibit Binders
At least 5 business days before the pretrial conference, the parties must submit to chambers a USB storage device, DVD, or CD with all of the proposed exhibits.
DocumentProposed Exhibits
In the Proposed Final Pretrial Order, each party must provide a list that very briefly summarizes its motions in limine, e.g., “Motion to bar reference to Witness A’s drug use.”
DocumentProposed Final Pretrial Order
The parties must prepare a joint, page-ordered chart listing designations, objections and their concise bases, and counter-designations.
The parties shall generate a joint chart, in page order, that sets forth the designation, objection, counter-designation if objection overruled, any counter-designations, and any objections to the counter-designations (again, with a concise basis for the objection, like the Exhibit Chart).
DocumentDeposition Designation Chart
For additional questions, the parties must file a list divided into: (a) agreed-upon questions; and (b) proposed questions to which there is an objection.
DocumentVoir Dire Questions
A short basis for any objection must accompany the list.
DocumentVoir Dire Questions
Plaintiff (and counter/cross-claimants, if any) shall itemize damages and other relief sought, and provide a concise explanation of the evidentiary basis for each itemization.
DocumentDamages Itemization
The Proposed Final Pretrial Order must be signed (electronically) by counsel for each party.
DocumentProposed Final Pretrial Order
(a) the proponent of the instruction; (b) the legal authority for the instruction; and (c) whether there is an objection to the instruction.
DocumentJury Instruction
If an instruction is disputed, the proponent of the instruction should concisely explain the basis for the instruction, if more explanation is required beyond the identified legal authority. Moreover, 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.
DocumentJury Instruction
After the settlement conference, counsel must jointly file a Report Regarding Settlement by 90 days from the Order, addressing settlement status or proposed further settlement efforts.
By _________________ [90 days from the date this Order is issued], after the settlement conference, counsel shall jointly file a Report Regarding Settlement that notifies the Court whether: (1) the parties have settled the case; (2) the parties have not settled the case but wish to continue settlement discussions for a specific period of time; (3) the parties wish to engage in a formal mediation conference before a specific mediator on or before a specific date;
DocumentSettlement Report
Five business days before the trial, supply the trial exhibits to the Court’s operations specialist and to the other side, again on a USB drive, CVD, or CD.
DocumentTrial Exhibits
Counsel for the offering party must supply the exhibit in digital format as soon as possible (a thumb drive comes in handy for this), and the operations specialist will import it into JERS.
DocumentNewly Admitted Exhibits
The Court requires one letter from each party: a settlement position letter addressed to and exchanged with the other party and submitted to the Court.
DocumentSettlement Position Letter
Proposed exhibits must use the JERS exhibit-naming convention, for which the Court will provide instructions.
The parties must use the exhibit-naming convention for the Jury Evidence Recording System (JERS); the Court will provide the parties with an instruction memorandum on how to use JERS and name exhibits.
DocumentProposed Exhibits
The party that is objecting to an exhibit is responsible for providing the copy of the objected-to exhibit.
DocumentObjected To Exhibit
If there is no objection to a motion, but the movant wishes to file a motion memorializing the non- objection, then the motion must state that there is no objection.
DocumentMotion In Limine
The same principles apply to proposed verdict forms.
DocumentProposed Verdict Form
For now, also supply one copy of the exhibits in paper form. This paper set will serve as the backup to JERS, in the event that JERS suffers a technical failure during deliberations.
DocumentExhibits
The jury will not be supplied with paper copies, unless there is good cause for a particular exhibit (or if JERS breaks down).
DocumentJury Exhibits
If JERS fails, jury requests help in writing; systems staff needs court permission; paper backup provided if not quickly fixable.
If JERS fails during deliberations, the jury will ask for help in writing. The systems staff will not be permitted in the jury room without the Court’s express permission, and only after the jury has been escorted out of the jury room. If the problem is not fixable in a short time, the Court will provide the jury with the paper-copy backup of the allowed exhibits.
DocumentExhibits
Plaintiff's settlement letter must include, at minimum, a summary of admissible evidence and legal principles on liability and affirmative defenses, an explanation of entitlement to relief, an itemization of provable damages with supporting evidence, a settlement proposal covering monetary and non-monetary relief, and any other helpful information.
Plaintiff's letter should include at least the following information: a. A brief summary of the admissible evidence and legal principles supporting plaintiff's claims that plaintiff asserts will allow it to establish liability and defeat any applicable affirmative defenses. b. A brief explanation of why damages or other relief would appropriately be granted at trial; c. An itemization of the damages plaintiff believes can be proven at trial and a brief summary of the evidence and legal principles supporting those damages; d. A settlement proposal that includes both monetary and non-monetary relief requested; and e. Any additional information plaintiff believes would be helpful to the Court in assisting the parties to fully resolve the litigation.
DocumentPlaintiff Settlement Position Letter
Defendant's responsive letter should include at least the following information:
DocumentDefendant Responsive Settlement Letter
b. Any points in plaintiff's letter with which defendant disagrees, with references to supporting admissible evidence and legal principles; c. A response to plaintiff's settlement proposal and a counter-proposal; and d. Any additional information defendant believes would be helpful to the Court in assisting the parties to fully resolve the litigation.
DocumentDefendant Pre Settlement Conference Letter
If a party has received or will be receiving conditional payments from Medicare to pay for treatment related to this case, he/she must bring a conditional payment letter from Medicare to the settlement conference.
DocumentMedicare Conditional Payment Letter
If a settlement is reached, the Court will require the parties to complete a settlement term sheet unless the parties provide their own.
DocumentSettlement Term Sheet
Where applicable, the Court generally prefers the Seventh Circuit’s Pattern Jury Instructions.
DocumentJury Instructions
Physical-object exhibits that the Court allows the jury to examine during deliberations will be provided to the jury as usual, via the court security officer.
DocumentPhysical Exhibits
Filing & Service rules
Electronic Filing Rules
Proposed final pretrial orders must be filed electronically using CM/ECF; courtesy copies are not needed.
Proposed final pretrial orders must be filed electronically using CM/ECF (no need for courtesy copies).
Civil cases
Page 1 | Standing Order Governing Proposed Final Pretrial Orders
Settlement correspondence must not be filed in the Clerk's Office or on the CM/ECF system.
As a reminder, do not file copies of settlement correspondence in the Clerk's Office or on the CM/ECF system.
Page 2 | PRE-SETTLEMENT CONFERENCE LETTERS
Filing Timing and Cure Windows
Unless otherwise ordered, responses are due 5 business days after a motion is filed and replies are due 3 business days after responses; filings should be consolidated as much as reasonable.
Unless otherwise ordered, responses are due 5 business days after the motion’s filing, and replies are due 3 business days after the responses; again, consolidate as much as reasonable.
Civil cases
Page 4 | MOTIONS IN LIMINE
Motions in limine must be filed by the earlier of the Proposed Final Pretrial Order due date or 3 weeks before trial.
The motions themselves must be filed the earlier of: (a) the due date of the Proposed Final Pretrial Order; or (b) 3 weeks before trial.
Civil cases
Page 4 | MOTIONS IN LIMINE
Plaintiff must file the interrogatory answers with the Court by 42 days after the Order, and no earlier, using the specified title.
By _________________ [42 days from the date this Order is issued], and no earlier, Plaintiff shall answer the Court's Interrogatories (attached to this Order) under oath or penalty of perjury, serve a copy on Defendant, and file the answers with the Court entitled "Notice of Filing Answers to Court's Interrogatories."
Page 2 | FLSA SCHEDULING ORDER
In collective actions, parties must exchange documents for opt-in Plaintiffs who join before notice dissemination within twenty days of their opt-in notices being filed, and those Plaintiffs must file and serve answers to the Court’s Interrogatories within an additional twenty days.
In collective actions, an exchange of documents as referenced in Paragraph 1 shall occur with respect to opt-in Plaintiffs who join the action before the dissemination of a court- approved opt-in notice. The exchange of documents must occur within twenty days of their filing of opt-in notices with this Court, and such opt-in Plaintiffs must thereafter file and serve their respective answers to the Court's Interrogatories within an additional twenty days.
Page 2 | FLSA SCHEDULING ORDER
Counsel must jointly file the Report Regarding Settlement by 90 days from the Order and after the settlement conference.
By _________________ [90 days from the date this Order is issued], after the settlement conference, counsel shall jointly file a Report Regarding Settlement that notifies the Court whether: (1) the parties have settled the case; (2) the parties have not settled the case but wish to continue settlement discussions for a specific period of time; (3) the parties wish to engage in a formal mediation conference before a specific mediator on or before a specific date;
Page 2 | FLSA SCHEDULING ORDER
Defendant's counsel must deliver the defendant's settlement letter to plaintiff's counsel and the Court at least 7 days before the settlement conference.
defendant's counsel must deliver defendant's settlement letter to plaintiff's counsel and the Court at least seven (7) days before the settlement conference
Page 2 | PRE-SETTLEMENT CONFERENCE LETTERS
Plaintiff's counsel must deliver the plaintiff's settlement letter to defendant's counsel and the Court at least 14 days before the settlement conference, unless a different schedule is set.
Unless the Court sets a different schedule, plaintiff's counsel must deliver plaintiff's settlement letter to defendant's counsel and the Court at least fourteen (14) days before the settlement conference
Page 2 | PRE-SETTLEMENT CONFERENCE LETTERS
Service and Proof of Service Rules
The parties must serve proposed stipulations and uncontested facts on each other at least 10 business days before the proposed order is due.
No later than 10 business days before the Proposed Final Pretrial Order’s due date, the parties must serve on each other proposed stipulations and uncontested facts.
Civil cases
Page 2 | STIPULATIONS AND UNCONTESTED FACTS
For deposition testimony offered instead of live testimony, the offering party must serve page-and-line designations 10 business days before the pretrial order is due.
If a party proposes to introduce a witness’ testimony via a deposition rather than live testimony, then the offering party must serve the page/line designations of the deposition transcript on the opposing party 10 business days in advance of the pretrial order’s due date.
Civil cases
Page 4 | DEPOSITION DESIGNATIONS
The opposing party must serve designation objections with concise grounds and counter-designations 5 business days before the pretrial order is due.
The opposing party must serve objections to designations (including a concise basis for the objection, like the Exhibit Chart) and also state the opposing party’s counter-designations (including counter-designations conditioned on an objection being overruled) 5 business days in advance of the pretrial order’s due date.
Civil cases
Page 4 | DEPOSITION DESIGNATIONS
The parties must serve the specified documents on each other within 21 days of the Order, but must not file them.
By _________________ [21 days from the date this Order is issued], the parties shall serve upon each other (but not file) copies of the following:
Page 1 | FLSA SCHEDULING ORDER
By 42 days after the Order, and no earlier, Plaintiff must answer the Court's Interrogatories under oath or penalty of perjury, serve Defendant, and file the answers under the specified title.
By _________________ [42 days from the date this Order is issued], and no earlier, Plaintiff shall answer the Court's Interrogatories (attached to this Order) under oath or penalty of perjury, serve a copy on Defendant, and file the answers with the Court entitled "Notice of Filing Answers to Court's Interrogatories."
Page 2 | FLSA SCHEDULING ORDER
For qualifying opt-in Plaintiffs in collective actions, the Paragraph 1 document exchange is due within 20 days after filing an opt-in notice, and interrogatory answers must be filed and served within an additional 20 days.
In collective actions, an exchange of documents as referenced in Paragraph 1 shall occur with respect to opt-in Plaintiffs who join the action before the dissemination of a court- approved opt-in notice. The exchange of documents must occur within twenty days of their filing of opt-in notices with this Court, and such opt-in Plaintiffs must thereafter file and serve their respective answers to the Court's Interrogatories within an additional twenty days.
Page 2 | FLSA SCHEDULING ORDER
Courtesy Copy Requirements
Supply exhibits on USB/DVD/CD to court and opposing side 5 business days before pretrial conference; provide chambers with 2 double-sided paper copies of objected-to exhibits in three-ring binders.
Five business days before the pretrial conference, supply the exhibits to the Court (and to the other side) on a USB drive, DVD, or CD. Consistent with the Standing Order, you will also be supplying chambers with two paper copies of only the objected-to exhibits, double-sided in three-ring binders.
Courtesy copies of proposed final pretrial orders are not needed.
Proposed final pretrial orders must be filed electronically using CM/ECF (no need for courtesy copies).
Civil cases
Page 1 | Standing Order Governing Proposed Final Pretrial Orders
Filing Bundling Requirements
The parties are encouraged, when reasonable, to combine multiple motions in one or a few consolidated filings.
To the extent reasonable, file multiple motions in one filing (or a few consolidated filings) to reduce the number of filings.
Civil cases
Page 4 | MOTIONS IN LIMINE
Pre-Motion Conference Requirements
The parties must confer on every motion in limine before filing it.
The parties must confer on all motions in limine before filing them.
Civil cases
Page 4 | MOTIONS IN LIMINE
The parties must meet and confer to try to agree on as many jury instructions and verdict forms as possible.
The parties must meet and confer in order to attempt to agree on as many jury instructions and verdict forms as possible.
Civil cases
Page 4 | JURY INSTRUCTIONS/ VERDICT FORMS
Chambers Communication Rules
The proposed pretrial order must be emailed to Judge Iasparro’s proposed-order inbox.
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 Judge Iasparro’s proposed order inbox in Microsoft Word format: Proposed_Order_Iasparro@ilnd.uscourts.gov.
Civil cases
Page 1 | Standing Order Governing Proposed Final Pretrial Orders
All settlement letters submitted to the Court should be emailed to the Court at Settlement_Correspondence_Iasparro@ilnd.uscourts.gov.
All settlement letters submitted to the Court should be emailed to the Court at Settlement_Correspondence_Iasparro@ilnd.uscourts.gov.
Page 2 | PRE-SETTLEMENT CONFERENCE LETTERS