| Initial
Status Conference |
The court will set cases for status within 60 days of the filing of
the complaint. At the initial status conference the parties will: 1)
inform the court of the nature and scope of the case, 2) identify
settlement opportunities, 3) set the initial pretrial conference, and 4)
schedule future conferences and, when necessary, motions.
All pretrial matters are referred to the Magistrate Judge, including the initial status conference, discovery, scheduling of motions, and settlement conferences.
|
| ADR/
Mediation |
At all initial pretrial conferences be prepared to discuss the issue of
mediation. Please refer to Magistrate
Judge Mahoney’s webpage for more information regarding mediation.
Also see this court’s Standing Order
Establishing Mediation Procedure.
|
| Motion
Practice |
The court hears motions on Fridays at 9:00 a.m. Unless the court
has told a party it need not appear, counsel is expected to be present
whether or not the motion is agreed.
All motions noticed for presentment should be received by the
clerk’s office at least two working days prior to the motion
call date pursuant to Local
Rule 78.1. A courtesy paper copy of all noticed motions must be
received by Judge Kapala at least 48 hours prior to the presentment.
|
| Uncontested
Motions |
If the following motions are uncontested, and are agreed, they need not
be noticed and presented in open court: Motion for Substitution of
Counsel; Motion to Add Additional Counsel; Motion to File a Brief in
Excess of 15 pages; Motion for an Initial Extension of Time to File
Answer; Stipulation to Dismiss; and Motions to Cite Additional
Authority. These motions should contain representation by counsel that
the motion is agreed and should be captioned as such. These motions may
be mailed to the Clerk of the Court and will be taken by the court as
soon as practicable. All other motions must be presented in open court
pursuant to Local Rule 5.3
(b).
|
| Discovery
Motions |
Please refer to Magistrate Judge
Mahoney’s webpage for the discovery procedures of this court.
|
| Dispositive
Motions |
Dispositive motions are decided by the District Judge unless parties
consent to a decision by the Magistrate Judge. Briefing schedules are
set by the Magistrate Judge. Please review the following orders
concerning motions under Rule 12 and Rule 56:
Standing Order
for Filing of Motions under Rule 12 and Rule 56
Standing Order for Rule 56
Motions
|
| Consent to
proceed before a Magistrate Judge |
The court encourages counsel to inform their clients of the option to
have their cases tried before a United States Magistrate Judge, and
discuss it with opposing counsel.
Magistrate
Judge Consent Form
|
| Pretrial
Procedure |
The Western Division has adopted the Standing
Order Establishing Pretrial Procedure of the Eastern Division of the
Northern District of Illinois, except for paragraph 2, which is
replaced by the provisions of this webpage regarding initial status
conferences, and paragraph 10, which is replaced by this
court’s Standing Order
for the Final Pretrial Order, Final
Pretrial Order Form and Trial
Exhibit List.
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| Trial
Information |
Trial Procedures- Civil Trials
Procedures for
Examination of Jurors - Civil Case
Use
Pattern Civil Jury Instructions for the 7th Circuit
Trial Procedures-Criminal
Trials
Procedure for
Examination of Jurors in a Criminal Case
|
| Bankruptcy
Appeals |
Briefs on appeal from the United States Bankruptcy Court must be filed within 15 days after entry of the appeal on the docket. Any motions to extend time must be filed during the 15-day period.
Pursuant to this court’s Standing Order for Bankruptcy Appeals, briefs are limited to 15 pages each.
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| Submitting a Proposed Order, Agreed or Otherwise, for Electronic Entry by the Judge |
Proposed Orders are technically not to be "filed." Rather, they are to be "submitted" to the judge to consider, to modify, if appropriate, and to enter electronically. For example, proposed orders such as stipulated protective orders require court approval before actually being given full effect. To prevent confusion, such proposed orders must be attached to an e-mail sent to the e-mail address of the assigned judge, Proposed_Order_Kapala@ilnd.uscourts.gov The subject line of the e-mail must include the case number and name, the docket number of the corresponding motion, if any, and the title of the order that is proposed as indicated on the Notice of Electronic Filing (NEF). All such documents must be submitted to the court in a format compatible with WordPerfect, which is a "Save As" option in most word processing software. Such proposed orders should also be served on all parties. |