Judge Sara L. Ellis
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Exhibit Binder
- 2 copies
Exhibits
- 2 copies • After Pretrial Conference And Exhibit Rulings
- 2 copies • At Least One Week Before Pretrial Conference
Pretrial Order
- 2 copies
- 2 copies • Upon Filing
Settlement Letter
- Before Settlement Conference
Adjournments
- Failure to attend settlement conference without authorization may result in monetary sanctions.
- Parties may seek exceptions to attendance rules by filing a motion.
- Parties lacking full settlement authority may face sanctions including attorney's fees.
Request must include
- Plaintiff's letter due 14 business days before; defendant's letter due 7 business days before settlement conference.
Communication
Phone
Phone
Chambers
Page & Word Limits1 rule
Settlement letters should be 5 pages or fewer, but may be longer if necessary.
Each of these letters typically should be five (5) pages or fewer. However, if counsel believes that more pages are required to provide the comprehensive presentation required, the letter may be as long as deemed necessary.
Settlement Letter
5 pages
Applies to: Attorney
Document Format Requirements1 rule
Exhibits must be tabbed with protruding tabs per Local Rule 5.2.
Significant and supporting exhibits may be attached and are often quite helpful both to the court and to opposing counsel. If exhibits are included, they must be tabbed with protruding tabs in accordance with Local Rule 5.2.
Document Filing Requirements33 rules
The initial status report must identify all attorneys of record (including lead trial attorney), describe the claims, identify major issues, and state the relief sought.
A. Identify (names and contact information) for all attorneys of record for each party, including the lead trial attorney. B. Briefly describe the nature of the claims asserted in the complaint and any counterclaims and/or third party claims. C. Briefly identify the major legal and factual issues in the case. D. State the relief sought by any of the parties.
DocumentInitial Status Report
Status of Service: Identify any defendants that have not been served.
DocumentInitial Status Report
The initial status report must explain subject matter jurisdiction, including federal statutes, and if diversity/supplemental jurisdiction is asserted, address the amount in controversy and citizenship of all parties.
Explain why the Court has subject matter jurisdiction over the plaintiff(s)' claim(s). A. Identify all federal statutes on which federal question jurisdiction is based. B. If jurisdiction over any claims is based on diversity or supplemental jurisdiction: (1) State whether/why the amount in controversy exceeds the jurisdictional threshold or whether there is a dispute regarding the amount in controversy (and, if so, the basis of that dispute). (2) Identify the state of citizenship of each named party. ... The report must address whether there is diversity in any case in which pendent jurisdiction over state law claims is asserted, so that the Court may exercise informed discretion about whether to resolve such claims in the event that the federal question claims are resolved or dismissed.
DocumentInitial Status Report
Status of Settlement Discussions: A. Indicate whether any settlement discussions have occurred; B. Describe the status of any settlement discussions; and C. Whether the parties request a settlement conference.
DocumentInitial Status Report
Motions: A. Briefly describe any pending motions. B. State whether the defendant(s) anticipate responding to the complaint by filing an Answer or by means of motion. NOTE 3: If the latter, counsel should be prepared to discuss at the Initial Status Hearing the basis of the anticipated motion.
DocumentInitial Status Report
The initial status report must propose a discovery plan (type, dates for disclosures, written discovery, fact and expert discovery, dispositive motions) and indicate whether a jury trial is requested and its probable length.
Case Plan: A. Submit a proposal for a discovery plan, including the following information: (1) The general type of discovery needed; (2) A date for Rule 26(a)(1) disclosures; (3) First date by which to issue written discovery; (4) A fact discovery completion date; (5) An expert discovery completion date, including dates for the delivery of expert reports; and (6) A date for the filing of dispositive motions. B. With respect to trial, indicate the following: (1) Whether a jury trial is requested; and (2) The probable length of trial.
DocumentInitial Status Report
In all civil bench trials scheduled before Judge Ellis, the parties shall jointly prepare and submit a final pretrial order.
DocumentPretrial Order
The final pretrial order must include separate categorized witness lists for each side and a two- or three-sentence description of each witness and role.
4. Witness Lists: Separate lists for plaintiff and defendant providing the names of witnesses, including expert witnesses, divided into the following three categories: (a) witnesses who will be called to testify at trial: (b) witnesses who may be called to testify at trial; and (c) witnesses whose testimony a party will present by deposition or other prior testimony (indicating whether the presentation will be by transcript or video). For each witness, provide a very concise (2 or 3 sentences) description of the witness and the witness’s role in the case.
DocumentPretrial Order
The final pretrial order must include a concise agreed case statement covering the nature of the case, claims, and defenses.
3. Case Statement: A concise agreed statement of the case, including: (a) the nature of the case; (b) the claims, counterclaims and cross-claims; and (c) the defenses raised to those claims.
DocumentPretrial Order
2. Trial Attorneys: A list of the attorneys trying the case, including business addresses and telephone numbers.
DocumentPretrial Order
The final pretrial order must state the basis for the Court’s jurisdiction.
The final pretrial order (including the Court’s two courtesy copies) must include the following items: 1. Jurisdiction: A statement of the basis for the Court’s jurisdiction.
DocumentPretrial Order
Each side’s exhibit list must identify intended trial exhibits and provide the required identifying, relevance, objection, and admissibility information.
5. Exhibit Lists: A list by each side of all exhibits the party will definitely use at trial (including demonstratives, summaries of other specially prepared exhibits), which includes the following: (a) the exhibit number for each document; (b) the date of the document; (c) a brief description of the document and a concise statement of the exhibit’s relevance; (d) whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objection (e.g., Rule 402— relevance; Rule 403—undue prejudice or confusion); and (e) a concise statement of the asserted basis of admissibility, if there is an objection.
DocumentPretrial Order
6. Damage Itemization: An itemization of damages and other relief sought.
DocumentPretrial Order
Parties who wish to file a trial brief must seek leave of the Court to do so.
DocumentTrial Brief
Final pretrial order required for all criminal jury trials before Judge Ellis.
In all criminal jury trials scheduled before Judge Ellis, the parties shall jointly prepare and submit a final pretrial order. In each case, the Court will set the date in advance of trial on which the parties must file the final pretrial order.
DocumentPretrial Order
At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits.
DocumentExhibit Binder
Joint document required with proposed voir dire questions and objections.
The parties must file a joint document that includes both: (a) each party’s proposed voir dire questions; and (b) each party’s objections, if any, to the voir dire questions proposed by the other parties.
DocumentJoint Voir Dire Document
All jury instructions must be submitted with pretrial order; disputed instructions require grounds and proposed modifications.
The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction. The party proposing the instruction may then state concisely the reasons supporting the instruction as proposed.
DocumentJury Instructions
Final pretrial conference 1-3 weeks before trial; lead counsel must attend with full authority.
A Final Pretrial Conference will be held approximately one to three weeks before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, the Court will address any pending motions in limine, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters. Lead trial counsel fully prepared and with authority to discuss all aspects of the case must attend.
DocumentFinal Pretrial Conference
The final pretrial order (including the Court’s two courtesy copies) must include the following items:
DocumentPretrial Order
Parties must file joint document with proposed voir dire questions and objections.
The parties must file a joint document that includes both: (a) each party's proposed voir dire questions; and (b) each party's objections, if any, to the voir dire questions proposed by the other parties.
DocumentVoir Dire Questions
Jury instructions must include proponent, status, legal authority, and objections.
The parties must submit all agreed and proposed jury instructions with the final pretrial order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting the instruction. If an instruction is disputed, the grounds for the objection (and any proposed modification or alternate instruction) must be concisely stated on the same page immediately following the disputed instruction.
DocumentJury Instructions
Do not file copies of these letters in the Clerk's Office or on the CM/ECF system.
DocumentSettlement Letter
Plaintiff's counsel's letter shall set forth at least the following information: a. A brief summary of the claims asserted in the complaint and any counterclaim or third party complaint; b. If an answer has been filed, a brief summary of any affirmative defenses raised by defendant; c. A brief summary of the evidence and legal principles that plaintiff asserts will allow it to establish liability and defeat the affirmative defenses; d. An itemization of the damages plaintiff believes can be proven at trial and recovered from defendant, and a brief summary of the evidence and legal principles supporting those damages, including, without limitation, attention to proximate cause; e. A settlement demand that is less than total victory, recognizing the inherent risk of litigation;
DocumentSettlement Letter
Defendant's settlement letter must address plaintiff's points, provide counter-offer, and include helpful information.
Defendant’s counsel’s responsive letter shall set forth at least the following information: a. Any points in plaintiff’s letter with which defendant agrees; b. Any points in plaintiff’s letter with which defendant disagrees and the basis for that disagreement; c. A response to plaintiff’s settlement demand and defendant’s settlement counter- offer (again, less than total victory, recognizing the inherent risk of litigation); and d. Any additional information defendant believes would be helpful to the Court in assisting the parties to resolve the dispute.
DocumentSettlement Letter
NOTE 4: Do NOT provide the particulars of any demands/offers that have been made.
DocumentInitial Status Report
Parties are asked to submit a hard copy and e-mail a Microsoft Word version to the Court’s proposed orders e-mail address: Proposed_Orders_Ellis@ilnd.uscourts.gov.
DocumentProposed Findings Conclusions
Note: There is no need to list every conceivable exhibit that can possibly be used. The parties should submit a list of trial exhibits they definitely intend to introduce. Exhibits not likely to be used need not be listed.
DocumentPretrial Order
Absent abuse, an unlisted exhibit is not inadmissible solely because it was omitted from the original list if it was produced during discovery.
Absent abuse of this process, an exhibit will not be deemed inadmissible simply because it was not included on the original exhibit list, provided the exhibit/document was earlier produced to the opposing side during discovery.
DocumentPretrial Order
The parties are instructed to meet and attempt to agree on jury instructions and a verdict form before filing the pretrial order.
DocumentPretrial Order
7th Circuit Pattern Jury Instructions used; modifications require redline submission.
The Court uses the 7th Circuit Pattern Jury Instructions where applicable. If the parties wish to modify a 7th Circuit Pattern Jury Instruction, the party proposing the modification must submit a redline to the Court showing the modification to the pattern instruction.
DocumentJury Instructions
The Court does not require trial briefs in jury trials. Parties who wish to file a trial brief must seek leave of the Court to do so.
DocumentTrial Brief
Consent to Proceed Before a United States Magistrate Judge: Confirm that counsel have advised the parties that they may proceed before a Magistrate Judge if they consent whether individual parties have so consented.
DocumentInitial Status Report
Filing & Service rules
Filing Timing and Cure Windows
Unless the Court orders otherwise, motions in limine must be filed three weeks before the pretrial order is filed.
Unless otherwise ordered, all motions in limine must be filed three weeks before the filing of the pretrial order.
Civil cases
Page 2 | Motions in Limine
Responses to motions in limine are due one week before the pretrial order is filed.
Responses are due one week before the filing of the pretrial order.
Civil cases
Page 2 | Motions in Limine
Each party must file proposed findings of fact and conclusions of law by the first day of trial.
No later than the first day of trial, each party shall file its proposed findings of fact and conclusions of law.
Civil cases
Page 3 | Proposed Findings and Conclusions
The Court will set the final pretrial order filing date in advance of trial.
In each case, the Court will set the date in advance of trial on which the parties must file the final pretrial order.
Civil cases
Page 1 | FINAL PRETRIAL ORDERS – CIVIL BENCH TRIALS
Service and Proof of Service Rules
When unforeseen trial circumstances prompt use of an unlisted exhibit, notice should be given as soon as possible to the opposing side and the Court so objections can be discussed.
If, due to unforeseen circumstances during trial a party wishes to introduce an exhibit not previously listed, notice should be given as soon as possible to the opposing side and to the Court so that any objections can be discussed.
Civil cases
Page 2 | Exhibit Lists
Courtesy Copy Requirements
The final pretrial order must include the listed items and two courtesy copies.
The final pretrial order (including the Court’s two courtesy copies) must include the following items:
Civil cases
Page 1 | FINAL PRETRIAL ORDERS – CIVIL BENCH TRIALS
At least one week before the pretrial conference, parties must provide the court two sets of binders containing copies of objected-to representative exhibits.
At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits.
Civil cases
Page 2 | Exhibit Lists
After the pretrial conference and exhibit rulings, two binders of the final exhibits are required.
After the pretrial conference and rulings on exhibits, two binders of the final exhibits will be required.
Civil cases
Page 2 | Exhibit Lists
Two courtesy copies of final pretrial order required.
The final pretrial order (including the Court’s two courtesy copies) must include the following items:
Criminal cases
Page 1 | FINAL PRETRIAL ORDERS – CRIMINAL JURY TRIALS
Final pretrial order required in civil jury trials before Judge Ellis, with two courtesy copies to Court.
In all civil jury trials scheduled before Judge Ellis, the parties shall jointly prepare and submit a final pretrial order. In each case, the Court will set the date in advance of trial on which the parties must file the final pretrial order. The final pretrial order (including the Court’s two courtesy copies) must include the following items:
Civil cases
Page 1 | FINAL PRETRIAL ORDERS – CIVIL JURY TRIALS
Two sets of exhibit binders required one week before pretrial conference, with two final binders after rulings.
At least one week before the pretrial conference, the parties must provide the court with two sets of exhibit binders containing copies of the objected-to representative exhibits. If the representative exhibits require more than a single binder, the parties must contact the Court’s courtroom deputy to explain why additional binders are required. After the pretrial conference and rulings on exhibits, two binders of the final exhibits will be required.
Civil cases
Page 2 | FINAL PRETRIAL ORDERS – CIVIL JURY TRIALS
Settlement letters must be delivered to Judge Ellis' courtroom deputy before the settlement conference.
Copies of the settlement letters will be delivered to Judge Ellis' courtroom deputy before the scheduled settlement conference.
Civil cases
Filing Bundling Requirements
Parties filing motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine should also be submitted in one document.
Parties filing motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine should also be submitted in one document.
Criminal cases
Page 2 | FINAL PRETRIAL ORDERS – CRIMINAL JURY TRIALS
Initial motions in limine and supporting exhibits should be submitted together in one document.
Parties filing motions in limine should submit their initial motions and the supporting exhibits in one document for the Court.
Civil cases
Page 3 | Motions in Limine
Responses to motions in limine should be submitted together in one document.
Responses to motions in limine should also be submitted in one document.
Civil cases
Page 3 | Motions in Limine
Parties filing motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine should also be submitted in one document.
Parties filing motions in limine should submit their initial motions and the supporting exhibits in one document for the Court. Responses to motions in limine should also be submitted in one document.
Civil cases
Pre-Motion Conference Requirements
Parties must meet and confer on all motions in limine before filing.
The parties are directed to meet and confer on all motions in limine before filing them.
Civil cases
Page 2 | Motions in Limine
Motions in limine due 3 weeks before pretrial order; responses due 1 week before.
Unless otherwise ordered, all motions in limine must be filed three weeks before the filing of the pretrial order. Responses are due one week before the filing of the pretrial order.
Criminal cases
Page 2 | FINAL PRETRIAL ORDERS – CRIMINAL JURY TRIALS
Meet and confer required before filing motions in limine.
The parties are directed to meet and confer on all motions in limine before filing them.
Criminal cases
Page 2 | FINAL PRETRIAL ORDERS – CRIMINAL JURY TRIALS
Motions in limine must be filed 3 weeks before pretrial order; responses due 1 week before.
Unless otherwise ordered, all motions in limine must be filed three weeks before the filing of the pretrial order. Responses are due one week before the filing of the pretrial order. No replies will be filed unless ordered by the Court.
Civil cases
Parties must meet and confer on jury instructions before filing pretrial order.
The parties are instructed to meet and attempt to agree on jury instructions and to file proposed instructions before filing the pretrial order.
Civil cases
Final pretrial conference 1-3 weeks before trial; lead counsel must attend.
A Final Pretrial Conference will be held approximately one to three weeks before trial. The purpose of this conference will be to avoid surprises and to simplify the trial. At the conference, the Court will address any pending motions in limine, objections to witnesses and exhibits, contested jury instructions, trial procedures, and scheduling matters. Lead trial counsel fully prepared and with authority to discuss all aspects of the case must attend.
Civil cases
Replies on motions in limine may not be filed unless the Court orders otherwise.
No replies will be filed unless ordered by the Court.
Civil cases
Page 2 | Motions in Limine
Adjournment & Extension Requirements
Plaintiff's letter due 14 business days before; defendant's letter due 7 business days before settlement conference.
Unless the Court sets a different schedule, plaintiff’s counsel shall deliver copies of plaintiff’s settlement letter to defendant’s counsel and to Judge Ellis’ courtroom deputy (Room 1720) at least fourteen (14) business days before the settlement conference, and defendant’s counsel shall deliver copies of defendant’s settlement letter to plaintiff’s counsel and to Judge Ellis’ courtroom deputy (Room 1720) at least seven (7) business days before the settlement conference.
Civil cases
Parties lacking full settlement authority may face sanctions including attorney's fees.
If a conference must be adjourned or continued so that a party may obtain additional authority up to the plaintiff’s demand, that party may be sanctioned, including, but not limited to, being required to pay the opposing party’s attorney’s fees incurred by the need to reconvene.
Civil cases
Failure to attend settlement conference without authorization may result in monetary sanctions.
Counsel are cautioned that failure to attend a settlement conference without authorization may result in the imposition of monetary sanctions against them.
Civil cases
Parties may seek exceptions to attendance rules by filing a motion.
A party who believes it has good cause for the Court to alter these rules should raise that issue by motion.
Civil cases
Chambers Communication Rules
If representative exhibits need more than one binder, the parties must explain the need for additional binders to the courtroom deputy.
If the representative exhibits require more than a single binder, the parties must contact the Court’s courtroom deputy to explain why additional binders are required.
Civil cases
Page 2 | Exhibit Lists
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 are advised to make a request as early as possible (four weeks prior to trial is suggested) to Alexander Zeier, the Courtroom Technology Administrator. He may be reached at (312) 435-6045. Parties will be permitted to use their own evidence projection systems, upon reasonable terms, if a request is made in advance of trial.
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 are advised to make a request as early as possible (four weeks prior to trial is suggested) to Alexander Zeier, the Courtroom Technology Administrator. He may be reached at (312) 435-6045. Parties will be permitted to use their own evidence projection systems, upon reasonable terms, if a request is made in advance of trial.
Civil cases
Digital evidence projection system available; training recommended 4 weeks before trial.
The courtroom is equipped with a digital evidence projection system. The Court expects parties to be familiar with and use this system. As early as possible prior to trial (four weeks prior to trial is suggested), counsel should contact Alexander Zeier, the Courtroom Technology Administrator, to schedule a training session. He may be reached at (312) 435-6045.
Criminal cases
Page 3 | Evidence Projection Systems
Parties must promptly notify Judge Ellis' courtroom deputy about rescheduling or cancellation.
If the parties are required to reschedule or if they have concluded that a settlement conference is not necessary, they must inform Judge Ellis’ courtroom deputy as soon as possible.
Civil cases