United States District Court - Northern District of Illinois
Rule 12 Motions
The following definitions shall apply in interpreting this rule:
(1) A "business day" shall include any day other than a Saturday, Sunday, or a legal holiday as defined by F.R. Civ.P. 6(a).
(2) The "date of presentment" shall refer to the day on which the motion is to be presented in open court according to the notice required by section B of this Rule.
(3) "Judge" shall include district and magistrate judges.
B. Fixing the Date of Presentment; Notice of Presentment
The date of presentment shall be not more than 10 business days following the date on which the motion is delivered to the court pursuant to section F. Every motion shall be accompanied by a notice of presentment that shall specify the date and time on which, and judge before whom, the motion is to be presented.
C. Content of Motions
All motions shall state with particularity the grounds therefor and the relief requested.
D. Date of Filing of a Motion
The date of filing of a motion is the date the motion is delivered to the clerk, minute clerk, or chambers in accordance with the provisions of section F or section G of this Rule or if filed with a judge outside of regular business hours, is the filing date noted on the motion by the judge.
E. Notice of motion; Use of Overnight Service & Electronic Transmission (FAX); Certificate of Service
Except in the case of an emergency, written notice of the intent to present a motion and copies of any documents required to be served by F.R.Civ. P. 5(a) must be personally served at or before 4 o'clock p.m. of the second business day preceding the date of presentment. Where such service is by mail, the notice and documents shall be mailed at least five business days before the date of presentment. The written notice shall specify the date of presentment. Ex parte motions and motions presented on stipulation may be presented without notice.
For the purpose of this section personal service shall include actual delivery within the time specified by this section by a service organization providing for delivery within a specified time (e.g., overnight service) or by electronic transmission.
Each motion other than one filed ex parte shall be accompanied by a certificate of service indicating the date and manner of service and a statement that copies of documents required to be served by F.R.Civ.P. 5(a) have been served. Where the service was by FAX, the certificate shall be accompanied by a copy of the transaction statement produced by the FAX machine. Such transaction statement shall include the date and time of service, the telephone number to which the documents were transmitted, and an acknowledgment from the receiving FAX machine that the transmission was received or, in the event that the receiving FAX machine did not produce the acknowledgment to the transmitting FAX machine, an affidavit or, if by an attorney, a certificate setting forth the date and time of service and telephone number to which documents were transmitted.
Electronic transmission of documents to the court is not permitted under this rule.
F. Motion To Be Delivered In Advance (Civil & Criminal)
The procedures set forth in this section shall apply to all cases and proceedings other than those arising under Title 11 of the United States Code.
Except where a judge fixes a different time in accordance with the provisions of this section, the original of any motion shall be delivered to the court by 4:30 p.m. of the second business day preceding the date of presentment by counsel whose offices are located in Chicago. The person receiving the motion shall record on the front of the motion the date on which it was received. Counsel whose offices are outside of the Chicago city limits may give the minute clerk notice of the motion by telephone before 4:30 p.m. of the second business day preceding the date of presentment and deliver the notice and motion in open court on the date of presentment.
A judge may fix a time for delivery longer than that provided by this section or elect to hear motions less frequently than daily or both. In those instances where a judge elects to fix a longer delivery time, or hear motions less frequently than daily, or both, the judge shall notify the clerk in writing of the practice to be adopted. The clerk shall maintain a list of the current motion practices of each of the judges at the assignment desk.
G. Motion to be Delivered in Advance (Bankruptcy)
The procedures relating to motions filed in cases and proceedings arising under Title 11 of the United States Code are to be found in Rule 402 of the Bankruptcy Rules of this Court.
H. Delivery of Copies of Notice and Motion to the Court Defined
The requirement for delivery of the copies of notice and motion to the court shall be accomplished by delivering them to the clerk, except that a judge in the alternative may direct that delivery shall be either to the minute clerk assigned to that judge or to chambers. Such direction shall be in the form of a letter to the clerk. The clerk shall maintain a listing of the delivery requirements of each judge and post a copy in a public area of the clerk's office.
Where a motion is delivered to the clerk that does not comply with the scheduling requirements established by the judge pursuant to section F or section G, or is scheduled before a judge who, pursuant to this section, has directed that the motions are to be delivered to the judge's chambers or the minute clerk assigned to the judge, the clerk shall inform the person offering the motion of the correct procedure. If the person insists on delivering it to the clerk, the clerk shall accept it and attach to it a note indicating that the person delivering it had been advised of the scheduling or delivery requirements.
I. Denial of Motion for Failure to Prosecute
Where the moving party, or if the party is represented by counsel, counsel for the moving party, delivers a motion for which no date of presentment is set and fails to serve notice of a date of presentment within 10 days of delivering the copy of the motion to the court as provided by section E of this Rule, the Court may on its own initiative deny the motion.
J. Copies of Evidentiary Matter to be Served
Where evidentiary matter, in addition to affidavits permitted or required under Rules 5 or 6 of the Federal Rules of Civil Procedure, will be submitted in support of a motion, copies thereof shall be served with the notice of motion.
K. Motions for Discovery and Production; Statement of Efforts to Reach an Accord
To curtail undue delay and expense in the administration of justice, this court shall hereafter refuse to hear any and all motions for discovery and production of documents under Rules 26 through 37 of the Federal Rules of Civil Procedure, unless the motion includes a statement (1) that after consultation in person or by telephone and good faith attempts to resolve differences they are unable to reach an accord, or (2) counsel's attempts to engage in such consultation were unsuccessful due to no fault of counsel's. Where the consultation occurred, this statement shall recite, in addition, the date, time and place of such conference, and the names of all parties participating therein. Where counsel was unsuccessful in engaging in such consultation, the statement shall recite the efforts made by counsel to engage in consultation.
L. Minute Order Forms to be Presented with Motions
Each written motion shall be accompanied by a minute order form on a form provided by the clerk. The Executive Committee may from time to time approve changes in that form.
M. Motions For Summary Judgment; Moving Party
With each motion for summary judgment filed pursuant to F.R.Civ.P. 56 the moving party shall serve and file,-
(1) any affidavits and other materials referred to in F.R.Civ.P. 56(e);
(2) a supporting memorandum of law;
(3) a statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law, and that also includes:
(a) a description of the parties, and
(b) all facts supporting venue and jurisdiction in this Court.
The statement referred to in (3) shall consist of short numbered paragraphs, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph. Failure to submit such a statement constitutes grounds for denial of the motion.
If additional material facts are submitted by the opposing party pursuant to section N of this rule, the moving party may submit a concise reply in the form prescribed in section N for a response. All material facts set forth in the statement filed pursuant to section N(3)(b) will be deemed admitted unless controverted by the statement of the moving party.
N. Motions For Summary Judgment; Opposing Party
Each party opposing a motion filed pursuant to F.R. Civ.P. 56 shall serve and file -
(1) any opposing affidavits and other materials referred to in F.R.Civ.P. 56(e);
(2) a supporting memorandum of law; and
(3) a concise response to the movant's statement that shall contain:
(a) a response to each numbered paragraph in the moving party's statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon, and
(b) a statement, consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon. All material facts set forth in the statement required of the moving party will be deemed to be admitted unless controverted by the statement of the opposing party.
O. Briefing Schedules; Oral Argument
The court may set a briefing schedule. Oral argument may be allowed in the court's discretion.
P. Disposition of motion following failure to file supporting or answering memorandum
Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the motion or a withdrawal of opposition thereto, but the court on its own motion or that of a party may strike the motion or grant the same without further hearing. Failure to file a reply memorandum within the requisite time shall be deemed a waiver of the right to file.
Q. Request For Decision: Request for Status Report
Any party may on notice provided for by section E of this Rule call a motion to the attention of the court for decision.
Any party may also request the clerk of the Court or a deputy designated by the clerk to report on the status of any motion on file for at least seven months without a ruling or on file and fully briefed for at least sixty days. Such requests will be in writing. On receipt of a request the clerk will promptly verify that the motion is pending and meets the criteria fixed by this section. If it is not pending or does not meet the criteria, the clerk will so notify the person making the request. If it is pending and does meet the criteria, the clerk will thereupon notify the judge before whom the motion is pending that a request has been received for a status report on the motion. The clerk will not disclose the name of the requesting party to the judge. If the judge provides information on the status of the motion, the clerk will notify all parties. If the judge does not provide any information within ten days of the clerk's notice to the judge, the clerk will notify all parties that the motion is pending and that it has been called to the judge's attention.