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Litigation Conference Order Form. This is a Illinois form and can be use in Dupage Local County.
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Tags: Litigation Conference Order, Illinois Local County, Dupage
STATE OF ILLINOIS
)
) SS.
COUNTY OF DUPAGE )
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
DU PAGE COUNTY, ILLINOIS
)
)
)
)
)
vs.
No.
LITIGATION CONFERENCE ORDER
Pursuant to Supreme Court Rule 218:
The above cause is set for trial on ________________________ at _____________ in
courtroom _________. A final litigation Pretrial Conference will be held in the chambers of
Judge ________________ on __________________ at _________________. Counsel who
will try the case shall appear.
PRETRIAL MATERIALS: On or before ___________________, counsel for the parties
shall furnish to the Judge’s secretary the following materials:
(1) Stipulation of Uncontested Facts. A comprehensible written stipulation of
uncontested facts to become a part of the evidentiary record in the case and which, in jury trials,
shall be read to the jury by the Court. Counsel for plaintiff has the responsibility to prepare the
draft of a proposed stipulation which speaks to the complaint; counsel for counter, cross or third
party complainants has a like responsibility in respect to stipulations which speak to those
causes of action. Counsel for any defendant or counter-defendant which has raised an
affirmative defense has a like responsibility to prepare a stipulation of uncontested facts.
(2) Agreed Statement of Contested Fact Issues. An agreed statement signed by
counsel for all parties of the nature of the case and the contested fact issues. In jury trials, the
statement may be read to the jury panel by the Court during voir dire and may be referred to by
the parties and the Court at any appropriate time during the trial. The responsibilities of counsel
are as stated in paragraph (1) above.
(3) List of Witnesses, Exhibits and Depositions. A statement from each party,
signed by each party’s respective counsel, containing:
(a) The names of all witnesses who may be called by that party and a very brief
statement of the witnesses’ anticipated testimony. The parties are directed to stipulate
to the qualification of expert witnesses. If any party disputes the qualifications of an
expert, the factual and legal basis for that objection shall be set forth in this statement;
(b) A list describing all exhibits which may be offered by each party with copies
of documentary exhibits pre-marked and attached thereto. All exhibits shall be marked
for identification prior to trial, and photocopies of all documentary exhibits so pre-marked
shall be attached to this statement.
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At trial, counsel will be expected to have a copy of each exhibit for the Court,
opposing counsel and the court reporter. The parties are directed to stipulate to the
authenticity of exhibits. The issue of authenticity for an exhibit shall be deemed waived,
unless counsel indicates in this statement an exhibit to which the authenticity has not
been stipulated and why;
(c) A designation of all evidence deposition testimony which will be offered
substantively by each party. Transcripts of depositions which the parties intend to
introduce into evidence or read must accompany the statement. Likewise, any
videotaped evidence disposition which any party intends to offer as substantive evidence
must be provided with the statement.
Unlisted witnesses, exhibits and undesignated deposition testimony may not be called or
offered at the trial, except for purposes of impeachment. The examination of witnesses or offer
of exhibits will not be interrupted during the trial to afford opposing counsel an opportunity to
inspect a listed, pre-marked exhibit.
(4) Contested Issues of Law. Counsel for each party shall file a statement designating
the contested issues of law. This statement shall, in a very succinct fashion, refer to stipulated
or contested fact issues when necessary. Counsel for each party shall cite each case which
they rely upon to support their respective positions. Legible copies of all such cases shall be
attached to this statement.
(5) Estimated Length of Trial. Counsel for each party shall estimate the total time
required to complete the trial.
(6) Trial Briefs. Each party shall file a trial brief. The purpose of a trial brief is full and
complete disclosure of a party’s theory of the case. The trial brief shall include a statement of
the nature of the case; a full and complete statement of the facts the party expects the evidence
will establish; the party’s theory of liability or defense based on those facts, together with
authorities in support thereof; the party’s theory of damages or other relief in the event liability is
established, together with authorities in support thereof; the party’s theory of any anticipated
motion for directed verdict, together with authorities in support thereof; in jury cases, the party’s
authorities in support of particular requested jury instructions.
(7) Voir Dire Examination. In jury trials, each party shall submit in writing proposed
questions unique to this case for use by the Court in its interrogation of prospective jurors.
(8) Motions In Limine. All motions in limine shall be in writing and submitted by the
party tendering them. Any motion in limine not presented pursuant to this schedule will be
deemed waived, except where the grounds arise or become apparent during the course of the
trial.
(9) Proposed Findings of Fact and Conclusions of Law. Counsel for each party
shall prepare proposed findings of fact and conclusions of law which he or she believes should
be accepted by the Court after hearing the evidence.
(10) Proposed Jury Instructions. In jury trials, each party shall submit the original and
two (2) copies of proposed jury instructions on: (a) issues made by the pleadings, I.P.I. 21.00,
et seq.; (b) burden of proof - res ipsa loquitur, I.P.I. 22.00, et seq.; and (c) damages, I.P.I. 30.00,
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et seq. The copies shall identify the tendering party and the authority for the instruction. The
originals shall be unmarked in a form suitable for submission to the jury.
ENTER:
_________________________________
Judge
DATE: ___________________________
Name: _______________________________
DuPage Attorney No.: ___________________
Address:
_________________________
_____________________________________
Phone: _______________________________
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