| 3 | (a) Plaintiff’s Counsel to File Designation Sheet. At the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). If the case is filed by a person in custody, the staff law clerk or prisoner correspondence clerk shall complete the designation sheet.
(b) List of Associated Bankruptcy Matters. Pursuant to LR 40.3.1, the person filing the petition for withdrawal of reference, report and recommendation, appeal, motion for leave to appeal, or application for a writ shall complete the designation sheet required by LR 3.1 and shall include on the sheet a list of any associated bankruptcy cases, adversary proceedings, non-core proceedings, appeals or motions for leave to appeal, or application for a writ from such proceedings previously assigned to one or more district judges.
(c) Identification of Multidistrict Litigation Proceedings. Where a case is filed as a tag-along to a multidistrict litigation (MDL) proceeding that is before a judge of this Court, the person filing the designation sheet shall, at the same time, file an affidavit identifying the number assigned to the MDL proceeding by the Judicial Panel on Multidistrict Litigation and the name of the presiding judge.
Amended February 25, 2005; April 2, 2012 | LR 3.1 Designation Sheet | LR 3.1 Designation Sheet |
| 3 | (a) Definition. For purposes of this rule, “affiliate” is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party.
(b) Who Must File. Any nongovernmental party, other than an individual or sole proprietorship, shall file a Notification of Affiliates.
(c) Required Information. A Notification of Affiliates shall identify all of the party’s affiliates known to the party after a diligent review; or state that after a diligent review the party has identified no affiliates.
(d) Time for Filing. A party must file the statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
(e) How to File. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted.
(f) Supplemental Statement. A supplement to the statement shall be filed within thirty (30) days of the party becoming aware of any change in the information reported. A party shall undertake good faith efforts to remain apprised of any such changes.
Amended April 20, 2007, December 21, 2021, April 21, 2022, and May 5, 2022 | LR 3.2 Notification as to Affiliates | LR 3.2 Notification as to Affiliates |
| 3 | (a) Definitions. The following definitions shall apply to this rule:
(1) “IFP petition” means a petition for leave to proceed in forma pauperis, i.e., without prepayment of prescribed fees.
(2) “Financial affidavit” means the form of affidavit of financial status prescribed by the Court.
(b) Prepayment Required. Any document submitted for filing for which a filing fee is required must be accompanied either by the appropriate fee or an IFP petition. Notwithstanding this provision, the clerk will file any document including a complaint in a civil action, a notice of appeal, or other document for which a filing fee is prescribed, without prepayment, but such filings shall be subject to the sanctions set forth in section (f) of this Rule.
(c) Filing in forma pauperis. The IFP petition and the financial affidavit shall be filed and assigned to a judge. The complaint shall be stamped received as of the date presented. The clerk shall promptly forward the IFP petition and all other papers to the judge to whom it is assigned.
(d) Date of filing. If the judge grants the IFP petition, the complaint shall be filed as of the date of the judge’s order except that where the complaint must be filed within a time limit and the order granting leave to file is entered after the expiration of that time limit, the complaint shall be deemed to have been filed:
(1) in the case of any plaintiff in custody, as of the time of the plaintiff’s delivery of the complaint to the custodial authorities for transmittal to the court; or
(2) in the case of any other plaintiff, as of the time the complaint was received by the clerk.
(e) Disposition of the IFP petition. In addition to granting or denying an IFP petition, the judge may order the payment of a partial filing fee when the plaintiff’s financial circumstances so warrant.
(f) Notice of fees due; sanctions. Upon denial of an IFP petition, the clerk shall notify the plaintiff of the amount of fees due. If the required fees are not paid within 15 days of the date of such notification, or within such other time as may be fixed by the court, the clerk shall notify the judge before whom the matter is pending of the nonpayment. The court may then apply such sanctions as it determines necessary including dismissal of the action.
(g) Service of Summonses by United States Marshal. Where an order is entered granting the IFP petition, that order shall, unless otherwise ordered by the court, stand as authority for the United States Marshal to serve summonses without prepayment of the required fees.
Amended 03/29/2018 | LR 3.3 Payment of Fees in Advance, In Forma Pauperis Matters, Sanctions | LR 3.3 Payment of Fees in Advance, In Forma Pauperis Matters, Sanctions |
| 3 | In order to assist the clerk in complying with the requirement to notify the commissioner, any party filing a pleading, complaint, or counterclaim which raises for the first time a claim arising under the patent and trademark laws of the United States (U.S. Code, Titles 15 and 35) shall file with the pleading, complaint, or counterclaim a separate notice of claims involving patents or trademarks. That notice shall include for each patent the information required by 35 U.S.C. §290; and for each trademark the information required by 15 U.S.C. §1116(c). | LR 3.4 Notice of Claims Involving Patents or Trademarks | LR 3.4 Notice of Claims Involving Patents or Trademarks |
| 4 | In civil matters in which the plaintiff is authorized to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, service shall be accomplished in the manner set forth in the subsections below.
(a) Service upon the United States, an agency of the United States, or officials of the United States or its agencies in their official capacity, shall be accomplished by plaintiff by registered or certified mail pursuant to Fed.R.Civ.P.4(i), except in certain cases under the Social Security Act that are described in subsection (b).
(b) Where a complaint for administrative review is filed pursuant to 42 U.S.C. § 405(g) concerning benefits under the Social Security Act, unless otherwise ordered, by agreement with the United States Attorney, no service of initial process (i.e., summons and complaint) shall be required in any case (not limited to in forma pauperis cases). The Social Security Administration will treat notification through the court’s Case Management and Electronic Filing System (CM/ECF) as service under Rule 4 of the Federal Rules of Civil Procedure.
(c) In all cases where a petitioner has filed a habeas corpus petition under 28 U.S.C. § 2254, regardless of whether or not the $5 filing fee has been paid, service will be pursuant to the agreement, set forth in Appendix 1 to these Local Rules, between the Attorney General of Illinois and the Court.
(d) In any action in which the U.S. Marshal has been designated to effectuate service, the U.S. Marshal is requested to send the complaint and appropriate papers for waiver of service to the named defendant (including defendant federal officials sued in their individual capacities) pursuant to Rule 4(d). If a defendant neither returns the waiver nor files a responsive pleading within the required time, the Court will notify the U.S. Marshal of the need for personal service on that defendant. If the U.S. Marshal then effects personal service on the defendant, the Court will impose the costs of service on the defendant consistent with Fed.R.Civ.P.4(d)(2).
(e) In actions in which the U.S. Marshal has been designated to effectuate service pursuant to this rule, the following time limits shall apply to waiver of service notice and requests:
(1) The notice and request for waiver of service shall allow the defendant a reasonable time to return the waiver, which shall be 30 days after the date on which the request is sent or 60 days after that date if the defendant is addressed outside any judicial district of the United States.
(2) A defendant that, before being served with process, timely returns a waiver so requested, is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.
Amended October 2, 2012. | LR 4 Service in In Forma Pauperis Cases | LR 4 Service in In Forma Pauperis Cases |
| 5 | Except as otherwise ordered, all filings shall be made in the divisional office of the division to which the case is assigned provided that a document initiating a case that should be filed in one of the divisions of this Court may be presented for filing to the assignment clerk of the other division. In such instances, the person filing the document should clearly indicate that it is to be filed in the other division. The case will be numbered and assigned as if it were filed in the proper division. Following the assignment, the clerk will promptly forward the papers to the proper divisional office. | LR 5.1 Place of Filing, Division | LR 5.1 Place of Filing, Division |
| 5 | a) Filing Electronically. A person represented by an attorney must file documents electronically, unless nonelectronic filing is allowed by the court for good cause. A person not represented by an attorney may file documents electronically only after successful completion of a Clerk’s Office administered class on how to file electronic documents in this Court and then may file documents only after the complaint has been filed in paper format. The filing must comply with procedures established by the court as set forth in the General Order on Electronic Case Filing
b) Filing in Paper. A person not represented by an attorney may file paper documents as follows: (1) in person at the Clerk’s Office, (2) by United States Mail, (3) by overnight delivery or courier service, (4) by using the drop box in the Courthouse, or (5) by having another individual hand deliver the document to the Clerk’s Office.
c) Official Court Record. Where a document is submitted in an electronic format pursuant to procedures established by the court, submitted in both electronic and paper formats, or submitted in paper and subsequently converted to an electronic format by court staff, the electronic version shall be the court's official record. Where a document is submitted in paper format without an electronic version being docketed, the paper version shall be the court's official record. Where the electronic version of a document is a redacted version of an unredacted paper document, the unredacted paper version shall be the court's official record.
d) Filing by Email or FAX Not Permitted. Documents to be filed with the court may not be transmitted to the court by Email or FAX. The only means of filing documents with the court electronically is in accordance with LR 5.2(a) and the General Order on Electronic Case Filing or other similar General Order.
(e) Document Format. Any paper shall be flat and unfolded on opaque, unglazed, white paper 8½ x 11 inches in size. It shall be plainly written, typed, printed, or prepared by means of a duplicating process, without erasures or interlineations which materially deface it.
Where the document is typed, line spacing will be at least 2.0 lines. Where it is typed or printed,
(1) the size of the type in the body of the text shall be 12 points and that in footnotes, no less than 11 points, and
(2) the margins, left-hand, right-hand, top, and bottom, shall each be a minimum of 1 inch.
Documents filed electronically must conform to these requirements.
(f) Binding and Tabs. Each paper original shall be bound or secured at the top edge of the document by a staple or a removable metal paper fastener inserted through two holes. A paper original shall not have a front or back cover. A paper original shall not have protruding tabs. Exhibits or tabs that are part of the paper original shall be indicated in bold type on a single sheet of paper placed immediately before the corresponding exhibit or attachment. Unless not reasonably feasible, exhibits to paper originals shall be 8½ x 11 inches in size.
(g) Documents Not Complying May be Stricken. Any document that does not comply with this rule shall be filed subject to being stricken by the court.
(h) Searchable Text and Hyperlinks. In creating documents for filing through the EFiling system, parties are encouraged to make documents text searchable and to use hyperlinks to link table of contents headings with section headings and textual citations to cases, exhibits, and other materials filed in the case.
(i) Redaction of Transcripts Filed Electronically. If a party or an attorney for a party files a written request to redact specific portions of a transcript pursuant to either Federal Rule of Civil Procedure 5.2 or Federal Rule of Criminal Procedure 49.1, the court reporter is ordered by the Court to make that redaction. Any other redaction request must be made by motion to the court.
Amended October 21, 2013, November 22, 2013, December 30 , 2020, and May 18, 2023 | LR 5.2 Electronic and Paper Documents Filed | LR 5.2 Electronic and Paper Documents Filed |
| 5 | (a) Review Judge’s Procedures: Parties should consult the assigned judge’s web page on the Court’s website regarding the judge's procedures on filing and presenting motions.
(b) A judge may require a motion or an objection to a magistrate judge’s order to be accompanied by a notice of presentment specifying the date and time on which, and judge before whom, the motion or objection is to be presented. The date of presentment shall be not more than 14 days following the date on which the motion or objection is delivered to the court pursuant to LR 78.1.
Amended October 2, 2002; March 27, 2003; November 19, 2009; June 29, 2023 | LR 5.3 Motions: Review Judge’s Procedures and Notice of Motions and Objections | LR 5.3 Motions: Review Judge’s Procedures and Notice of Motions and Objections |
| 5 | (a) When a Certificate of Service is required. A certificate of service is required only when service of a document filed on the Court’s E-Filing system is made on a recipient who is not an E-Filer listed on the docket of the proceeding.
(b) E-Filer Defined. An E-Filer is a person who is registered in this court according to the General Order on Electronic Filing.
(c) Certificate of Service. A Certificate of Service must state that service has been made of all documents required to be served by Fed.R.Civ.P. 5(a) in a manner authorized by Fed.R.Civ.P. 5(b) and (c). The certificate shall identify the person(s) served, the date and manner of service, and, if by FAX, a transaction statement confirming that the transmission was received.
(d) Ex Parte Motion. A motion for an ex parte order shall be accompanied by an affidavit showing cause for withholding service and stating whether a previous application for similar relief has been made.
Amended December 30, 2020 | LR 5.5 Proof of Service | LR 5.5 Proof of Service |
| 5 | No pleading, motion [except for motion to intervene], or other document shall be filed in any case by any person who is not a party thereto, unless approved by the court. Absent such an order, the clerk shall not accept any document tendered by a person who is not a party. Should any such document be accepted inadvertently or by mistake in the absence of such an order, it may be stricken by the court on its own motion and without notice. | LR 5.6 Filing Documents by Non-parties | LR 5.6 Filing Documents by Non-parties |
| 5 | (a) General. The clerk is authorized to accept a complaint for filing and treat that complaint and the accompanying papers as if they were restricted pursuant to LR 26.2 where the complaint is accompanied by a written request containing the following:
(1) the name, address, and signature of the party or counsel making the request;
(2) a statement indicating that the party believes that due to special circumstance which the party will promptly bring to the attention of the judge to whom the case is to be assigned, it is necessary to restrict access to the case at filing;
(3) a statement that the party is aware that absent an order extending or setting aside the sealing, the file and its contents will become public on the seventh day following the date of filing; and
(4) the attorney’s or party’s e-mail address if the attorney or party is registered as a Filing User of electronic case filing, the caption of the case, and the title of the document. Absent any order to the contrary, the contents of the case file shall be treated as restricted documents as defined by LR 26.2 for seven days following the day on which the complaint was filed. Except as otherwise ordered, on the seventh day the file will no longer be treated as restricted.
(b) Filings Under 31 U.S.C. §3730. The procedures set forth in section (a) shall also be followed in filing complaints in camera pursuant to 31 U.S.C. § 3730 with the following modifications: (1) the person presenting the complaint for filing in camera shall state in the instructions to the assignment clerk that the complaint is being filed pursuant to 31 U.S.C. § 3730; and (2) unless otherwise ordered by the court, the matter shall remain restricted for the period specified in 31 U.S.C. § 3730.
Committee Comment
LR 5.7 is amended to ensure it is in compliance with LR 26.2 – Restricted Documents
Amended April 20, 2006 | LR 5.7 Filing Cases Under Seal | LR 5.7 Filing Cases Under Seal |
| 5 | Any document to be filed under seal shall be filed in compliance with procedures established by the Clerk of Court and approved by the Executive Committee. All attorneys and unrepresented parties with an electronic filing account, shall file sealed documents pursuant to LR 26.2 and should do so electronically by way of the Court’s electronic case management system. Except where pursuant to court order a restricted or sealed document as defined by LR 26.2 is not filed electronically
(A) by an attorney or by an unrepresented party with an e-filing account: the paper documents shall be accepted by the Clerk of Court. The Clerk of Court shall file those paper documents in the appropriate case, but those documents are to be filed as unsealed and publicly available.
(B) by an unrepresented party without an e-filing account: the paper documents shall be accepted by the Clerk of Court. Where restricted or sealed documents are submitted under this provision, they must be accompanied by a cover sheet which shall include the following:
(1) the caption of the case, including the case number;
(2) the title "Sealed Document Pursuant to LR 26.2";
(3) a statement indicating that the document is filed under seal in accordance with an order of the court and the date of that order; and
(4) the signature of the unrepresented party filing the document, the party's name and address, and the title of the document.
Any document purporting to be a sealed document as defined in LR 26.2 that is not filed in compliance with such procedures shall be processed like any other document and filed as unsealed and publicly available on the Court’s electronic case management system. In such instances, where the document has been submitted in paper and does not show, on the coversheet, compliance with all four of the requirements listed above, the Clerk of Court is authorized to open the sealed envelope and remove the materials for processing as an unsealed document.
Committee Comment: Information about the procedures to file a document under seal electronically can be found on the court’s website under the “E-filing” tab.
Committee Comment on January 2019 revision: The purpose of the amendment is to ensure that the Clerk and the Clerk’s Office staff are not responsible for paper copies of under-seal materials.
Amended April 20, 2004; November 5, 2009; May 18, 2012; April 22, 2019 | LR 5.8 Filing Materials Under Seal | LR 5.8 Filing Materials Under Seal |
| 5 | In accordance with the general order on electronic case filing and subject to the provisions of Fed.R.Civ.P. 5(b)(3), the notice of electronic filing that is issued through the court's electronic case filing system will constitute service as to all filing users in a case assigned to the court's electronic case filing system.
Amended 10/24/16 | LR 5.9 Service by Electronic Means | LR 5.9 Service by Electronic Means |
| 7 | Neither a motion nor brief in support of or in opposition to any motion nor objections to a report and recommendation or order of a magistrate judge or special master, shall exceed 15 pages without prior approval of the court. Briefs that exceed the 15-page limit must have a table of contents with the pages noted and a table of cases. Any brief or objection that does not comply with this rule shall be filed subject to being stricken by the court. (Amended 09/12/2019) | LR 7.1 Briefs: Page Limit | LR 7.1 Briefs: Page Limit |
| 8 | Where a complaint for judicial review is filed pursuant to 42 U.S.C. § 405(g) and/or 42 U.S.C. § 1383(c)(3);
(a) The complaint shall include the full Social Security number of the plaintiff, including that of a minor plaintiff not otherwise identified by his or her full name. If the plaintiff’s application for Social Security benefits was filed on another person’s wage-record, that person’s Social Security number shall also be included in the complaint.
(b) The Social Security Administration’s filing of the certified administrative record, in and of itself, shall suffice as the agency’s answer to the complaint.
Amended January 31, 2014; May 23, 2014 | LR 8.1 Social Security Cases: Notice of Social Security Number | LR 8.1 Social Security Cases: Notice of Social Security Number |
| 9 | The party instituting an action requiring a three-judge court shall advise the clerk that such a court is requested and shall specify the statute involved. In such cases counsel shall furnish the clerk with three additional copies of all pleadings filed and all briefs submitted. | LR 9.1 Three Judge Cases | LR 9.1 Three Judge Cases |
| 10 | Responsive pleadings shall be made in numbered paragraphs each corresponding to and stating a concise summary of the paragraph to which it is directed. | LR 10.1 Responsive Pleadings | LR 10.1 Responsive Pleadings |
| 16 | (a) Standing Order & Form. Pursuant to Fed.R.Civ.P. 16, the Court has adopted a standing order on pretrial procedures together with model pretrial order forms. Copies of the standing order and forms shall be available from the clerk [see appendix]. The procedures set forth in the standing order, except for the need to prepare the pretrial order itself, shall apply to all civil cases except for those in categories enumerated in section (b) of this rule. As to all other cases, a pretrial order shall be prepared whenever the judge to whom a case is assigned so orders.
(b) Exempted Classes of Cases. The pretrial procedures adopted pursuant to section (a) of this rule shall not apply to the following classes of civil cases (The statistical nature of suit (“NS”) codes are shown in parentheses following the class of cases.):
(1) Recovery of overpayments and student loan cases (NS: 150, 152, 153);
(2) Mortgage foreclosure cases (NS: 220);
(3) Prisoner petitions (NS: 510, 520, 530, 540, 550);
(4) U.S. forfeiture/penalty cases (NS: 610, 620, 630, 640, 650, 660, 690);
(5) Bankruptcy appeals and transfers (NS: 420, 421);
(6) Deportation reviews (NS: 460);
(7) ERISA: Collections of Delinquent Contributions;
(8) Social Security reviews (NS: 861, 862, 863, 864, 865);
(9) Tax suits & IRS third party (NS: 870, 871);
(10) Customer challenges 12 U.S.C. §3410 (NS: 875); or
(11) cases brought under the Agricultural Acts, Economic Stabilization Act, Energy Allocation Act, Freedom of Information Act, Appeal of Fee Determination Under Equal Access to Justice Act, NARA Title II (NS: 891, 892, 894, 895, 900, 970)
Notwithstanding the provisions of this rule, a pretrial order shall be prepared whenever the judge to whom a case is assigned so orders.
Amended June 29, 2015 | LR 16.1.1 Pretrial Procedures | LR 16.1.1 Pretrial Procedures |
| 16 | 1. Introduction
This pretrial procedure is intended to secure a just, speedy, and inexpensive determination of the issues. If the type of procedure described below does not appear calculated to achieve these ends in this case, counsel should seek an immediate conference with the judge and opposing counsel so that alternative possibilities may be discussed. Failure of either party to comply with the substance or the spirit of this Standing Order may result in dismissal of the action, default or other sanctions appropriate under Fed. R. Civ. P. 16 or 37, 28 U.S.C. §1927 or any other applicable provisions.
Parties should also be aware that there may be variances in the forms and procedures used by each of the judges in implementing these procedures. Accordingly, parties should contact the minute clerk for the assigned judge for a copy of any standing order of that judge modifying these procedures.
2. Scheduling Conference
Within 60 days after the appearance of a defendant and within 90 days after the complaint has been served on a defendant in each civil case (other than categories of cases excepted by local Civil Rule 16.1), the court will usually set a scheduling conference (ordinarily in the form of a status hearing) as required by Fed.R.Civ.P. 16. At the conference, counsel should be fully prepared and have authority to discuss any questions regarding the case, including questions raised by the pleadings, jurisdiction, venue, pending motions, motions contemplated to be filed, the contemplated joinder of additional parties, the probable length of time needed for discovery and the possibility of settlement of the case. Counsel will have the opportunity to discuss any problems confronting them, including the need for time in which to prepare for trial.
3. Procedures for Complex or Protracted Discovery
If at any time during the scheduling conference or later status, hearings it appears that complex or protracted discovery will be sought, the court may
(a) determine that the Manual on Complex Litigation 2d be used as a guide for procedures to be followed in the case, or
(b) determine that discovery should proceed by phases, or
(c) require that the parties develop a joint written discovery plan under Fed.R.Civ.P. 26 (f).
If the court elects to proceed with phased discovery, the first phase will address information necessary to evaluate the case, lay the foundation for a motion to dismiss or transfer, and explore settlement. At the end of the first phase, the court may require the parties to develop a joint written discovery plan under Fed.R.Civ.P. 26 (f) and this Standing Order.
If the court requires parties to develop a discovery plan, such plan shall be as specific as possible concerning dates, time, and places discovery will be sought and as to the names of persons whose depositions will be taken. It shall also specify the parties' proposed discovery closing date. Once approved by the court, the plan may be amended only for good cause. Where the parties are unable to agree on a joint discovery plan, each shall submit a plan to the court. After reviewing the separate plans, the court may take such action as it deems appropriate to develop the plan.
Where appropriate, the court may also set deadlines for filing and a time framework for the disposition of motions.
4. Discovery Closing Date
In cases subject to this Standing Order, the court will, at an appropriate point, set a discovery closing date. Except to the extent specified by the court on motion of either party, discovery must be completed before the discovery closing date. Discovery requested before the discovery closing date, but not scheduled for completion before the discovery closing date, does not comply with this order.
5. Settlement
Counsel and the parties are directed to undertake a good faith effort to settle that includes a thorough exploration of the prospects of settlement before undertaking the extensive labor of preparing the Order provided for in the next paragraph. The court may require that representatives of the parties with authority to bind them in settlement discussions be present or available by telephone during any settlement conference.
If the parties wish the court to participate in a settlement conference, counsel should ask the court or the minute clerk to schedule such conference. In a case where the trial will be conducted without a jury, particularly as the case nears the date set for trial, the preferred method of having the court preside over settlement talks is for the assigned judge to arrange for another judge to preside or to refer the task to a magistrate judge. If the case has not been settled and is placed on the court's trial calendar, settlement possibilities should continue to be explored throughout the period before trial. If the case is settled, counsel shall notify the minute clerk promptly and notice up the case for final order.
6. Final Pretrial Order
The court will schedule dates for submission of a proposed final pretrial order ( Order ) and final pretrial conference ( Conference ) in accordance with Fed.R.Civ.P. 16. In the period between notice and the date for submission of the pretrial order:
(a) Counsel for all parties are directed to meet in order to (1) reach agreement on any possible stipulations narrowing the issues of law and fact, (2) deal with nonstipulated issues in the manner stated in this paragraph and (3) exchange copies of documents that will be offered in evidence at the trial. The court may direct that counsel meet in person (face-to-face). It shall be the duty of counsel for plaintiff to initiate that meeting and the duty of other counsel to respond to plaintiff's counsel and to offer their full cooperation and assistance to fulfill both the substance and spirit of this standing order. If, after reasonable effort, any party cannot obtain the cooperation of other counsel, it shall be his or her duty to advise the court of this fact by appropriate means.
(b) Counsels meeting shall be held sufficiently in advance of the date of the scheduled Conference with the court so that counsel for each party can furnish all other counsel with a statement ( Statement ) of the issues the party will offer evidence to support. The Statement will (1) eliminate any issues that appear in the pleadings about which there is no controversy, and (2) include all issues of law as well as ultimate issues of fact from the standpoint of each party.
(c) It is the obligation of counsel for plaintiff to prepare from the Statement a draft Order for submission to opposing counsel. Included in plaintiff's obligation for preparation of the Order is submission of it to opposing counsel in ample time for revision and timely filing. Full cooperation and assistance of all other counsel are required for proper preparation of the Order to fulfill both the substance and spirit of this Standing Order. All counsel will jointly submit the original and one copy of the final draft of the Order to the judge's chambers (or in open court, if so directed) on the date fixed for submission.
(d) All instructions and footnotes contained within the Final Pretrial Order form promulgated with this Standing Order must be followed. They will be binding on the parties at trial in the same manner as though repeated in the Order. If any counsel believes that any of the instructions and/or footnotes allow for any part of the Order to be deferred until after the Order itself is filed, that counsel shall file a motion seeking leave of court for such deferral.
(e) Any pending motions requiring determination in advance of trial (including, without limitation, motions in limine, disputes over specific jury instructions or the admissibility of any evidence at trial upon which the parties desire to present authorities and argument to the court) shall be specifically called to the court's attention not later than the date of submission of the Order.
(f) Counsel must consider the following matters during their conference:
(1) Jurisdiction (if any question exists in this respect, it must be identified in the Order);
(2) Propriety of parties; correctness of identity of legal entities; necessity for appointment of guardian, administrator, executor or other fiduciary, and validity of appointment if already made; correctness of designation of party as partnership, corporation or individual d/b/a trade name; and
(3) Questions of misjoinder or nonjoinder of parties.
7. Final Pretrial Conference
At the Conference each party shall be represented by the attorneys who will try the case (unless before the conference the court grants permission for other counsel to attend in their place). All attending attorneys will familiarize themselves with the pretrial rules and will come to the Conference with full authority to accomplish the purposes of Fed.R.Civ.P. 16 (including simplifying the issues, expediting the trial and saving expense to litigants). Counsel shall be prepared to discuss settlement possibilities at the Conference without the necessity of obtaining confirmatory authorization from their clients. If a party represented by counsel desires to be present at the Conference, that party's counsel must notify the adverse parties at least one week in advance of the conference. If a party is not going to be present at the Conference, that party's counsel shall use their best efforts to provide that the client can be contacted if necessary. Where counsel represents a governmental body, the court may for good cause shown authorize that counsel to attend the Conference even if unable to enter into settlement without consultation with counsel’s client.
8. Extensions of Time for Final Pretrial Order or Conference
It is essential that parties adhere to the scheduled dates for the Order and Conference, for the Conference date governs the case's priority for trial. Because of the scarcity of Conference dates, courtesy to counsel in other cases also mandates no late changes in scheduling. Accordingly, no extensions of the Order and Conference dates will be granted without good cause, and no request for extension should be made less than 14 days before the scheduled Conference.
9. Action Following Final Pretrial Conference
At the conclusion of the Conference the court will enter an appropriate order reflecting the action taken, and the case will be added to the civil trial calendar. Although no further pretrial conference will ordinarily be held thereafter, a final conference may be requested by any of the parties or ordered by the court prior to trial. Any case ready for trial will be subject to trial as specified by the court.
10. Documents Promulgated with the Standing Order
Appended to this Standing Order are the following:
(a) a form of final pretrial order;
(b) a form for use as Schedule (c), the schedule of exhibits for the final pretrial order;
(c) a form of pretrial memorandum to be attached to the completed final pretrial order in personal injury cases;
(d) a form of pretrial memorandum to be attached to the completed final pretrial order in employment discrimination cases; and
(e) guidelines for preparing proposed findings of fact and conclusions of law.
Each of the forms is annotated to indicate the manner in which it is to be completed.
FINAL PRETRIAL ORDER
· PRETRIAL MEMORANDUM FOR USE IN PERSONAL INJURY CASES
· PRETRIAL MEMORANDUM FOR USE IN EMPLOYMENT DISCRIMINATION CASES
· GUIDELINES FOR PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above forms are available from the clerk's office.
Adopted June 26, 1985; Amended November 27, 1991 and March 9, 1995 | LR 16.1 Standing Order Establishing Pretrial Procedure | LR 16.1 Standing Order Establishing Pretrial Procedure |
| 16 | At the discretion of the court pretrial conferences or status hearings held pursuant to Fed.R.Civ.P. 16(a) may be conducted by telephone or other appropriate means. The court may require parties to provide written status reports in advance of any such hearing. | LR 16.2 Pretrial Conferences and Status Hearings. | LR 16.2 Pretrial Conferences and Status Hearings. |
| 16 | (a) Program Established. A program for voluntary mediation is established for cases arising under the Federal Trademark Act of 1946, 15 U.S.C. §§ 1051-1127 (“the Lanham Act”).
(b) Procedures. The voluntary mediation program shall follow the procedures approved by the Executive Committee. The procedures outline the responsibilities of counsel and the parties in cases that are eligible for the mediation program. Copies of the procedures may be obtained from the clerk.
(c) Confidentiality. All mediation proceedings, including any statement made by any party, attorney or other participant, shall, in all respects, be privileged and not reported, recorded, placed in evidence, made known to the trial court or jury, or construed for any purpose as an admission. No party shall be bound by anything done or said at the conference unless a settlement is reached, in which event the settlement shall be reduced to writing and shall be binding upon all parties. | LR 16.3 Voluntary Mediation Program | LR 16.3 Voluntary Mediation Program |
| 17 | Any proposed settlement of an action brought by or on behalf of an infant or incompetent shall not become final without written approval by the court in the form of an order, judgment or decree. The court may authorize payment of reasonable attorney’s fees and expenses from the amount realized in such an action. | LR 17.1 Actions By or On Behalf of Infants or Incompetents | LR 17.1 Actions By or On Behalf of Infants or Incompetents |
| 24 | In order to assist the court in its statutory duty under 28 U.S.C. §2403, counsel raising a question of the constitutionality of an Act of Congress affecting the public interest shall promptly advise the court in writing of such fact. | LR 24.1 Notice of Claims of Unconstitutionality | LR 24.1 Notice of Claims of Unconstitutionality |
| 26 | Rule 26(f) meetings may be conducted by telephone. Unless otherwise ordered by the court (1) parties need not present a written report outlining the discovery plan at the preliminary pretrial conference, and (2) the initial status hearing shall be the scheduling conference referred to in Fed.R.Civ.P.16.
Amended 10/24/16 | LR 26.1 Scheduling Conference | LR 26.1 Scheduling Conference |
| 26 | (a) Definitions. As used in this rule the term: "Sealed document" means a document that the court has directed be maintained under seal electronically or, where the court allows a sealed document to be filed non-electronically, within a sealed enclosure such that access to the document requires breaking the seal of the enclosure; and “Sealing order" means any order restricting access to one or more documents filed or to be filed with the court.
(b) Sealing Order. The court may for good cause shown enter an order directing that one or more documents be filed under seal. No attorney or party may file a document under seal without order of court specifying the document or portion of a document that may be filed under seal, except that a document may provisionally be filed under seal pursuant to subsection (c) below.
(c) Sealing Motion for Documents filed Electronically. Any party wishing to file a document or portion of a document electronically under seal in connection with a motion, brief or other submission must: (1) provisionally file the document electronically under seal; (2) file electronically at the same time a public-record version of the brief, motion or other submission with only the sealed document excluded; and (3) move the court for leave to file the document under seal. The sealing motion must be filed before or simultaneously with the provisional filing of the document under seal and must be noticed for presentment promptly thereafter. Any document filed under seal without such a sealing motion may be stricken by the court without notice.
(d) Sealing Motion for Documents not filed Electronically. Where the court has permitted documents to be filed non-electronically, the party seeking to file a document under seal must, before filing the document, move the court for a sealing order specifying the document or portion of a document to be filed under seal. The final paragraph of the order shall state the following information: (1) the identity of the persons, if any, who are to have access to the documents without further order of court; and (2) instructions for the disposition of the restricted documents following the conclusion of the case. A copy of the sealing order must be included with any document presented for filing under seal. The attorney or party submitting a restricted document must file it in a sealed enclosure that conspicuously states on the face of the enclosure the attorney's or party's name and address, including e-mail address if the attorney is registered as a Filing User of electronic case filing, the caption of the case, and the title of the document.
(e) Copies Served on Counsel and Judge’s Paper Courtesy Copy. Any sealed document served on any other party and any judge’s paper courtesy copy must be a complete version, without any redactions made to create the public-record version unless otherwise ordered for good cause shown.
(f) Docket Entries. The court may on written motion and for good cause shown enter an order directing that the docket entry for a sealed document show only that a sealed document was filed without any notation indicating its nature. Unless the Court directs otherwise, a sealed document shall be filed pursuant to procedures referenced by LR 5.8.
(g) Inspection of Sealed Documents. The clerk shall maintain a record in a manner provided for by internal operating procedures approved by the Court of persons permitted access to sealed documents that have not been filed electronically. Such procedures may require anyone seeking access to show identification and to sign a statement to the effect that they have been authorized to examine the sealed document.
(h) Disposition of Sealed Non-electronic Documents. When a case is closed in which an order was entered pursuant to section (b) of this rule, the clerk shall maintain the documents filed under seal non-electronically as sealed documents for a period of 63 days following the final disposition including appeals. Except where the court in response to a request of a party made pursuant to this section or on its own motion orders otherwise, at the end of the 63-day period the clerk shall notify the attorney or party who filed the documents that the documents must be retrieved from the clerk’s office within 30 days of notification. If the parties do not retrieve the sealed documents within 30 days, the clerk shall destroy the documents.
Amended October 2, 2012 and October 23, 2017 | LR 26.2 Sealed Documents | LR 26.2 Sealed Documents |
| 26 | Except as provided by this rule, discovery materials, including disclosure of expert testimony, shall not be filed with the court. The party serving the discovery materials or taking the deposition shall retain the original and be custodian of it. The court, on its own motion, on motion of any party, or on application by a non-party, may require the filing of any discovery materials or may make provisions for a person to obtain a copy at that person’s own expense.
Where discovery materials are offered into evidence as an exhibit, the attorney producing them will retain them unless the court orders them deposited with the clerk. Where the court orders them deposited, they will be treated as exhibits subject to the provisions of LR 79.1. | LR 26.3 Discovery Materials Offered in Evidence as Exhibit | LR 26.3 Discovery Materials Offered in Evidence as Exhibit |
| 26 | Where an interested person requests to take the testimony or statement of any person pursuant to 28 U.S.C. §1782 for use in a proceeding in a foreign or international tribunal, notice to the parties before the foreign or international tribunal must be provided except where the requesting party shows cause why notice could not be given. Where the request is sought by a letter rogatory or request made by a foreign or international tribunal, the request may be made ex parte.
Amended June 2, 2011 | LR 26.4 Testimony for Use in Foreign Tribunals | LR 26.4 Testimony for Use in Foreign Tribunals |
| 27 | An order appointing an attorney to represent the absent expected adversary party and to cross-examine the proposed witness pursuant to Fed.R.Civ.P. 27(a)(2) shall set the attorney’s compensation including expenses. The compensation so set shall be paid by the petitioner prior to the appearance of the appointed attorney at the examination. | LR 27.1 Depositions: Fees for Attorneys Appointed to Represent Absent Party | LR 27.1 Depositions: Fees for Attorneys Appointed to Represent Absent Party |
| 33 | A party answering interrogatories shall set forth immediately preceding each answer a full statement of the interrogatory to which the party is responding. When objecting to an interrogatory or to the answer to an interrogatory, a party shall set forth the interrogatory or the interrogatories and answer thereto immediately preceding the objection. | LR 33.1 Interrogatories, Form of Answer, Objections | LR 33.1 Interrogatories, Form of Answer, Objections |
| 37 | (a) Commencing Proceedings. A proceeding to adjudicate a person in civil contempt of court, including a case provided for in Fed.R.Civ.P. 37(b)(2)(D), shall be commenced by the service of a notice of motion or order to show cause. The affidavit upon which such notice of motion or order to show cause is based shall set out with particularity the misconduct complained of, the claim, if any, for damages occasioned thereby, and such evidence as to the amount of damages as may be available to the moving party. A reasonable counsel fee, necessitated by the contempt proceeding, may be included as an item of damage. Where the alleged contemnor has appeared in the action by an attorney, the notice of motion or order to show cause and the papers upon which it is based may be served upon that attorney; otherwise service shall be made personally, in the manner provided for by Fed.R.Civ.P. 4 for the service of a summons. If an order to show cause is sought, such order may, upon necessity shown therefor, direct the United States marshal to arrest the alleged contemnor. The order shall fix the amount of bail and shall require that any bond signed by the alleged contemnor include as a condition of release that the alleged contemnor will comply with any order of the court directing the contemnor to surrender.
(b) Trial. If the alleged contemnor puts in issue the alleged misconduct giving rise to the contempt proceedings or the damages thereby occasioned, the alleged contemnor shall upon demand therefor be entitled to have oral evidence taken thereon, either before the court or before a master appointed by the court. When by law the alleged contemnor is entitled to a trial by jury, unless a written jury demand is filed by the alleged contemnor on or before the return day or adjourned day of the application, the alleged contemnor will be deemed to have waived a trial by jury.
(c) Order Where Found in Contempt. In the event the alleged contemnor is found to be in contempt of court, an order shall be entered—
(1) reciting or referring to the verdict or findings of fact upon which the adjudication is based;
(2) setting forth the amount of damages to which the complainant is entitled;
(3) fixing the fine, if any, imposed by the court, which fine shall include the damages found, and naming the person to whom such fine shall be payable;
(4) stating any other conditions, the performance whereof will operate to purge the contempt; and
(5) directing the arrest of the contemnor by the United States marshal and the confinement of the contemnor until the performance of the condition fixed in the order and the payment of the fine, or until the contemnor be otherwise discharged pursuant to law.
Unless the order otherwise specifies, the place of confinement shall be either the Chicago Metropolitan Correctional Center in Chicago, Illinois, or the Winnebago County jail in Rockford, Illinois. No party shall be required to pay or to advance to the marshal any expenses for the upkeep of the prisoner. Upon such an order, no person shall be detained in prison by reason of non-payment of the fine for a period exceeding 6 months. A certified copy of the order committing the contemnor shall be sufficient warrant to the marshal for the arrest and confinement. The aggrieved party shall also have the same remedies against the property of the contemnor as if the order awarding the fine were a final judgment.
(d) Discharge Where No Contempt. Where a finding of no contempt is entered, the alleged contemnor shall be discharged from the proceeding. The court may in its discretion for good cause shown enter judgment against the complainant and for the alleged contemnor for the latter’s costs and disbursements and a reasonable counsel fee. | LR 37.1 Contempts | LR 37.1 Contempts |
| 37 | 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. | LR 37.2 Motion for Discovery and Production | LR 37.2 Motion for Discovery and Production |
| 40 | (a) General. The rules of this Court and any procedures adopted by the Court that deal with the assignment and reassignment of cases shall be construed to secure an equitable distribution of cases, both in quantity and kind, among the judges. Except as specifically provided by the rules of this Court or by procedures adopted by the Court, the assignment of cases shall be by lot.
(b) Supervision of Assignment System. The assignment of cases to calendars and judges and the preparation of calendars and supplements thereto shall be done solely under the direction of the Executive Committee by the clerk or a deputy clerk who is designated by the clerk as an assignment clerk.
(c) Contempt. Any person who violates the case assignment procedures shall be punished for contempt of court.
(d) Condition of Reassignment. No case shall be transferred or reassigned from the calendar of a judge of this Court to the calendar of any other judge except as provided by the rules of this Court or as ordered by the Executive Committee.
(e) Calendars. In each Division of the Court there shall be criminal, civil and Executive Committee calendars. The cases on the criminal and civil calendars of the court shall be assigned among the judges in the manner prescribed by the rules of this Court. The cases so assigned shall constitute the calendars of the judges. The calendar of the Executive Committee shall consist of the following classes and categories of cases:
(1) civil cases to be transferred to another judge or district for multidistrict litigation pursuant to procedures adopted by the Court;
(2) criminal cases to be held on the Committee’s Fugitive Calendar pursuant to procedures adopted by the Court;
(3) such cases as are assigned to the Executive Committee for purposes of reassignment; and
(4) such other cases as the Executive Committee directs be assigned to its calendar.
(f) Calendar of Departing Judge. Cases on the calendar of a judge who dies, resigns, or retires ("departing judge") shall be reassigned as soon as possible under the direction of the Executive Committee, pro rata by lot among the remaining judges, provided that the Committee may direct that such calendar be transferred in its entirety or in part to form the calendar of a newly-appointed district judge where the departing judge was a district judge, or to form the calendar of a newly-appointed magistrate judge where the departing judge was a magistrate judge. Referrals pending before a departing magistrate judge shall be considered returned to the calendar of the district judge before whom the underlying case is pending, provided that the Executive Committee may direct that they be maintained as a calendar for a newly appointed magistrate judge. Where a judge wishes to re-refer a case returned to that judge’s calendar pursuant to this section, the procedure set forth in LR 72.1 shall be followed except that where the Executive Committee approves the referral, it shall direct the clerk to assign it by lot.
(g) Calendar for New Judge. A calendar shall be prepared for a newly-appointed judge ("new judge") to which cases shall be transferred by lot, under the direction of the Executive Committee in such number as it may determine. Where the new judge is a magistrate judge, the calendar shall include referrals made pursuant to LR 72.1 and LCR 50.3(d) and cases assigned pursuant to LR 73.1 which shall be transferred by lot, under the direction of the Executive Committee in such number as it may determine. The new magistrate judge will be the designated magistrate judge in all matters on that judge’s calendar. Where a magistrate judge is appointed to succeed a leaving magistrate judge, the Executive Committee may direct that the new judge be the designated magistrate judge in all cases in which the former was the designated magistrate judge at the time of the former’s death, retirement, or resignation. Once a referral has been transferred to a newly appointed judge, as part of the new calendar, it remains with the new judge "as the designated judge".
Committee Comment. 28 U.S.C. §137 provides in part as follows:
The business of the court having more than one judge shall be divided among the judges as provided by the rules and orders of the court. The chief judge of the district shall be responsible for the observance of such rules and orders, and shall divide the business and assign the cases so far as such rules and orders do not otherwise prescribe.
This Court has used a random assignment system for more than 50 years. As stated in section (a), an important goal of the system is to achieve "an equitable distribution of cases, both in quantity and kind, among the judges." Over the years the system grew in complexity. In part, this was a result of increases in the size of the Court, the complexity of its organization and the size of its caseload. It was also a result of a more sophisticated understanding of how the "equitable distribution" should be achieved.
An equally important goal is implicit in the sanctions found in section (c). This is that no one should be able to manipulate the assignment system in order to determine in advance which judge will get a case where the assignment is by lot.
As part of the process of renumbering the rules to comply with the uniform system adopted by the Judicial Conference of the United States in March 1996, the Court significantly revised its assignment rules. Much of the detail formerly included in local General Rules 2.00 and 2.44, the former assignment rules, has been moved from the rules to procedures adopted by general order. Because of the importance of the assignment system, the Court included this summary to provide parties and counsel with a basic overview of the way in which cases are assigned in this Court.
The Court is divided into two divisions: the Eastern at Chicago and the Western at Rockford. Eastern and Western Division cases can be distinguished by their case numbers. Case numbers in the Eastern Division start with the number 1 each year. In the Western Division they start with 50,001.
Most of the provisions of the random assignment system apply only to the Eastern Division. For assignment purposes civil cases are grouped into categories, usually by the type of case. The case types chosen for each category are expected over the long run to generate about the same amount of judicial work. Criminal cases are grouped in a similar fashion.
The current assignment system is computer based. A separate assignment deck is kept for each category. (Prior to the introduction of the computerized assignment system, physical decks of assignment cards were used. The terms "assignment deck" and even "assignment card" continue in use as metaphors to describe the manner in which the computer operates.) In the deck the name of each regular active judge on full assignment appears an equal number of times. The name of the chief judge appears half as often as a regular active judge. The ratios for senior judges depend on the caseloads they are carrying, varying from being no different from that of a regular active judge, to a one-half share less than all the categories.
As part of filing a new case, the assignment clerk enters the case category information into the assignment system. The system keeps track of cases processed and automatically shows the next available case number.
Once the case number and category are verified, the computer uses a shuffle procedure to pick a name from one of the unused names remaining in the assignment deck for the category selected. For obvious security reasons, the deputies assigning the cases do not have access to the software that sets up the assignment decks. The deputies responsible for setting up the decks do not assign cases. This system together with the changes in the makeup of the deck due to equalization and the shuffling of the names prior to the actual assignment assures that staff cannot determine in advance the name of the judge to whom a case will be assigned.
The assignment system also handles the reassignment of cases. Cases are reassigned for a variety of reasons. The most frequent is the need to reassign a case because it is related to one pending on another judge’s calendar. Recusals result in reassignments or equalization. When a new judge takes office, cases are reassigned from the calendars of sitting judges. When a judge leaves, the cases on the judge’s calendar are reassigned among sitting judges. There are even provisions in the procedures for reassignments due to errors made at assignment.
When a judge is appointed to the Court an initial calendar is prepared. It consists of civil cases equal in number to the average number of civil and criminal cases pending on the calendars of sitting judges. The new judge gets only civil cases in the initial calendar. A civil case that was twice previously reassigned to form a new calendar cannot be reassigned a third time for that reason. Any civil case in which the trial is in process or has been held and the case is awaiting final ruling also cannot be reassigned. The remaining cases are arranged in case number order and a random selection is made. In this way the age distribution of the cases on the new judge’s initial calendar reflects the average age distribution of all civil cases pending. Such a distribution serves to provide the new judge with a calendar that is reasonably close to the average in terms of workload. The incoming judge will be added to the Court's criminal case assignment system ninety (90) days from the entry of the initial calendar reassignment order so that the judge shall thereafter receive a full share of such cases. Should the incoming judge be a current Assistant United States Attorney, the judge will be added to the criminal case assignment system after 12 months.
Amended October 23, 2017 and November 6, 2019 | LR 40.1 Assignment of Cases: General | LR 40.1 Assignment of Cases: General |
| 40 | (a) Assigning New Case. The assignment clerk shall file each new case in accordance with procedures approved by the Court.
(b) Cases Filed After hours. A judge accepting a case for filing as an emergency matter outside of the normal business hours of the clerk’s office shall cause the initiating documents to be delivered to the clerk’s office as early as practicable on the next business day. On receipt of the initiating documents, the assignment clerk shall process the case in accordance with section (a).
(c) Mail-in Cases. All cases received through the mail for filing shall be filed and assigned in accordance with section (a). The process of filing and assignment shall be completed on the day of receipt, provided that all necessary initiating documents and filing fees are submitted. | LR 40.2 Assignment Procedures | LR 40.2 Assignment Procedures |
| 40 | (a) To Executive Committee. The following cases or categories of cases shall be assigned to the calendar of the Executive Committee on filing:
(1) disciplinary cases brought pursuant to LR 83.25 through LR 83.31; and
(2) Such other cases as the chief judge may direct.
(b) To Specific Judge. In each of the following instances, the assignment clerk shall assign the case to a judge in the manner specified:
(1) Cases filed by Persons in Custody. Any petition for writ of habeas corpus ("habeas corpus petition") or any complaint brought under the Civil Rights Act or 28 U.S.C.§1331 challenging the terms or the conditions of confinement ("civil rights complaint") filed by or on behalf of a person in custody shall be assigned in the same manner as other civil cases except that—
(A) a subsequent habeas corpus petition shall be assigned to the judge to whom the most recently filed petition was assigned;
(B) a subsequent civil rights complaint shall be assigned to the judge to whom the most recently filed complaint was assigned;
(C) a habeas corpus petition to be assigned by lot shall be assigned to a judge other than the judge or judges to whom civil rights complaints filed by or on behalf of the petitioner have been assigned; and
(D) a civil rights complaint to be assigned by lot shall be assigned to a judge other than the judge or judges to whom habeas corpus petitions filed by or on behalf of the plaintiff have been assigned.
(2) Re-filing of Cases Previously Dismissed. When a case is dismissed with prejudice or without, and a second case is filed involving the same parties and relating to the same subject matter, the second case shall be assigned to the judge to whom the first case was assigned. The designation sheet presented at the time the second case is filed shall indicate the number of the earlier case and the name of the judge to whom it was assigned.
(3) Removal of Cases Previously Remanded. When a case previously remanded is again removed, it shall be assigned to the judge who previously ordered it to be remanded.
(4) Petitions to Enforce Summonses Issued by the Internal Revenue Service. Where two or more petitions to enforce summonses issued by the Internal Revenue Service ("I.R.S") are presented for filing and the summonses involve the same taxpayer, the first petition shall be assigned by lot in accordance with the rules of this Court and any other petition shall be assigned directly to the judge to whom the first was assigned. The person presenting such petitions for filing shall notify the assignment clerk that they involve the same taxpayer. This section of shall not be construed as authorizing the direct assignment of petitions to enforce administrative process other than summonses issued by the I.R.S.
(5) Cases filed to enforce, modify, or vacate judgment. Proceedings to enforce, modify, or vacate a judgment should be brought within the case in which the judgment was entered. If a separate case is filed for the purpose of enforcing, modifying, or vacating a judgment entered in a case previously filed in this District, the case shall be assigned directly to the judge to whom the earlier case was assigned.
(6) Tag-along cases in multidistrict proceedings. Where a civil case is filed as a potential tag-along action to a multidistrict litigation ("MDL") proceeding pending in the district, it shall be assigned directly to the judge handling the MDL proceeding. The judge handling the MDL proceeding may, at that judge’s discretion, transfer to the Executive Committee for reassignment by lot any case assigned pursuant to this Rule that either—
(A) the MDL Panel determines should not be included in the MDL proceeding, or
(B) the judge assigned to the MDL proceeding determines pursuant to Rule 13 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation is not a tag-along case, or
(C) requires trial following the completion of the consolidated discovery.
(c) Direct Assignment in Social Security Cases. In a proceeding for judicial review of a final decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), when a district judge or magistrate judge remands the case for further administrative proceedings, any subsequent proceedings in the district court involving that matter shall be assigned to the district and magistrate judge to which the preceding action for judicial review was originally assigned.
Comment. The inclusion of section (c) will ensure that the judicial officer who originally decided to remand the case be assigned to review any subsequent appeals after remand to the Social Security Administration. | LR 40.3 Direct Assignment of Cases | LR 40.3 Direct Assignment of Cases |
| 40 | (a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), all cases under Title 11 U.S.C. and all proceedings arising under Title 11 U.S.C. or arising in or related to any cases under Title 11 U.S.C. are referred to the bankruptcy judges of this District.
(b) Assignment by Lot. Except as provided by sections (c) and (d), each of the following items shall be assigned by lot to a district judge:
(1) motions pursuant to 28 U.S.C. §157(d) (including a recommendation by a bankruptcy judge) for the withdrawal of the reference of a bankruptcy (“B”) case, or of a contested matter or adversary (“A”) proceeding within a bankruptcy case;
(2) objections to proposed findings of fact and conclusions of law of a bankruptcy judge filed pursuant to 28 U.S.C.§157(a)(1);
(3) appeals pursuant to 28 U.S.C. §158(a)(1);
(4) motions for leave to appeal pursuant to 28 U.S.C. §158(a)(3); and
(5) applications for a writ of mandamus or a similar writ in connection with a bankruptcy case, contested matter, or adversary proceeding.
All such assignments shall be made using the Civil II assignment category, except that objections to proposed findings and conclusions shall be assigned using the Civil III assignment category. The clerk is directed to assign a case so designated to the judge on whose calendar the previously filed case was assigned.
(c) Direct Assignment for Rehearing. Whenever there is activity in bankruptcy court following a district judge’s consideration of any of the items described in section (b), any subsequent proceedings in the district court involving that item shall be assigned to the district judge who considered the item initially.
(d) Relatedness. The provisions of LR 40.4 are applicable to the items described in section (b).
(e) Designation Sheet. The person filing any of the items described in paragraph (b) shall complete the designation sheet required by LR 3.1 and include on the sheet a designation of any such item, previously heard by the district court, that the filer believes would require direct assignment of the filing pursuant to this rule. | LR 40.3.1 Assignments Involving Bankruptcy | LR 40.3.1 Assignments Involving Bankruptcy |
| 40 | (a) Definitions. Two or more civil cases may be related if one or more of the following conditions are met:
(1) the cases involve the same property;
(2) the cases involve some of the same issues of fact or law;
(3) the cases grow out of the same transaction or occurrence; or
(4) in class action suits, one or more of the classes involved in the cases is or are the same.
(b) Conditions for Reassignment. A case may be reassigned to the calendar of another judge if it is found to be related to an earlier-numbered case assigned to that judge and each of the following criteria is met:
(1) both cases are pending in this Court;
(2) the handling of both cases by the same judge is likely to result in a substantial saving of judicial time and effort;
(3) the earlier case has not progressed to the point where designating a later filed case as related would be likely to delay the proceedings in the earlier case substantially; and
(4) the cases are susceptible of disposition in a single proceeding.
(c) Motion to Reassign. A motion for reassignment based on relatedness may be filed by any party to a case. The motion shall—
(1) set forth the points of commonality of the cases in sufficient detail to indicate that the cases are related within the meaning of section (a), and
(2) indicate the extent to which the conditions required by section (b) will be met if the cases are found to be related.
A copy of the complaint or other relevant pleading in each of the higher-numbered cases that are the subject of the motion shall be attached to the motion.
The motion shall be filed in the lowest-numbered case of the claimed related set and noticed before the judge assigned to that case. Where all the cases claimed to be related are assigned to magistrate judges on consent, then the motion shall be filed with the magistrate judge before whom the lowest-numbered case is pending. Where one or more of the cases claimed to be related is assigned to a magistrate judge on consent and one or more of the remaining cases is assigned to a district judge, the motion shall be filed with the district judge having the lowest-numbered case.
In order that all parties to a proceeding be permitted to respond on the questions of relatedness and possible reassignment, such motions should not generally be filed until after the answer or motions in lieu of answer have been filed in each of the proceedings involved.
(d) Ruling on Motion. The judge to whom the motion is presented may consult with the judge or judges before whom the other case or cases are pending. The judge shall enter an order finding whether the cases are related within the meaning of the rules of this Court and, if they are, whether the higher-numbered case or cases should be reassigned.
Where the judge finds that the cases are related and that reassignment should take place, a copy of that finding will be forwarded to the Executive Committee together with a request that the Committee reassign the higher-numbered case or cases.
A copy of any finding that cases either are or are not related and, if they are, that reassignment should or should not take place shall also be sent to each of the judges on whose calendar one or more of the higher-numbered cases is or are pending. Any judge to whom one or more of the cases involved is or are assigned may seek a review of the finding by the Executive Committee. The order entered by the Committee following review shall be final.
Amended November 2, 2010 | LR 40.4 Related Cases, Reassignment of Cases as Related | LR 40.4 Related Cases, Reassignment of Cases as Related |
| 40 | (a) General. This rule shall not apply to remands resulting from appeals of summary judgments or interlocutory orders unless the mandate or order remanding the case indicates that it is to be reassigned to a judge other than the judge to whom the case was previously assigned (“prior judge”). Whenever a mandate from the Court of Appeals for the Federal Circuit or the Seventh Circuit is filed with the clerk indicating that the case appealed is remanded for a new trial, the case shall be assigned to the Executive Committee, except
(1) if the mandate or accompanying opinion indicates that the case is to be retried by the prior judge, then the case shall remain on that judge’s calendar, or
(2) where the prior judge is no longer sitting and the case is an Eastern Division case, it will be reassigned by lot, or
(3) where the prior judge is no longer sitting and the case is a Western Division case, it will be assigned to a Western Division judge.
(b) Notice by Clerk. When a case is reassigned to the Executive Committee pursuant to section (a), the clerk shall forthwith notify all parties of record by mail that the mandate has been filed and that unless a stipulation is filed by all parties within 14 days after the date of the notice indicating that all parties wish the case returned to the prior judge, the case will be reassigned to another judge.
(c) Reassignment. When a stipulation is filed indicating that the parties wish the case assigned to the prior judge, the Executive Committee shall reassign the case to that judge. When no such stipulation is filed, the Executive Committee shall direct that the case be reassigned to a judge other than the prior judge. A case reassigned pursuant to this rule shall be treated for assignment purposes as a new case. The judge receiving the case is not authorized to transfer a similar case to the Executive Committee for reassignment to the prior judge.
Amended November 19, 2003 and October 23, 2017 | LR 40.5 Remands, Procedures for Following Appeals | LR 40.5 Remands, Procedures for Following Appeals |
| 45 | The validity of the subpoena shall not be affected by attaching or delivering of a note or other memorandum containing instructions to a witness regarding the exact date, time, and place the witness is required to appear. | LR 45.1 Attaching a Note to the Subpoena Permitted | LR 45.1 Attaching a Note to the Subpoena Permitted |
| 47 | (a) General. The chief judge shall from time to time enter such orders as may be required to summon petit jurors for the court. Except as provided for in section (b), petit jurors shall be assigned to a single jury pool and reassigned for service upon the request of each judge. The jury pool shall be under the supervision of the clerk. Unless otherwise ordered a copy of the jury list showing the name, town and ZIP code of each juror summoned shall be available for viewing on the first day of the service period.
(b) Separate Panels. Where the extraordinary nature of a trial indicates that administrative efficiency will be improved and substantial judicial time will be saved using a separate panel of petit jurors, the chief judge may, at the request of the trial judge, direct that such a separate jury panel be summoned.
(c) Qualification Forms are Confidential. Juror qualification forms completed by the jurors shall be confidential. Such forms shall not be made available for inspection except upon order of the chief judge or upon order of the assigned judge in connection with the preparation or presentation of a motion challenging compliance with selection procedures pursuant to 28 U.S.C. §1867. Orders directing that the juror qualification forms be made available for inspection shall specify the terms of the inspection, including the forms to be inspected, the names of the persons authorized to make the inspection, and any conditions required regarding the release of information contained on the forms. | LR 47.1 Juries | LR 47.1 Juries |
| 53 | (a) Appointment. The court may grant a motion for the appointment of a master in a civil action where the parties stipulate in writing to such an appointment. The stipulation shall indicate whether the master is to report upon particular issues or upon all the issues. The procedure covering such a reference shall be the same as that governing any other reference to a master.
A judge may appoint the designated magistrate judge or with the approval of the Executive Committee, a magistrate judge other than the designated magistrate judge to perform the duties of a special master.
Whenever an order of reference to a master is entered, the attorney procuring the order shall, at the time of filing thereof, deposit with the clerk a copy to be furnished to the master. On docketing the order, the clerk shall promptly send the copy to the master.
(b) Master May Sit Outside District. A master may sit within or outside of the district. If the master is requested to sit outside the district for the convenience of a party and there is opposition thereto by another party, the master may make an order for the holding of the hearing, or a part thereof, outside the district, upon such terms and conditions as shall be just.
(c) Motions Regarding report. A motion to confirm or to reject, in whole or in part, a report of a master shall be heard by the judge appointing such master. | LR 53.1 Masters | LR 53.1 Masters |
| 54 | (a) Time to File. Within 30 days of the entry of a judgment allowing costs, the prevailing party shall file a bill of costs with the clerk and serve a copy of the bill on each adverse party. If the bill of costs is not filed within 30 days, costs other than those of the clerk, taxable pursuant to 28 U.S.C. §1920, shall be deemed waived. The court may, on motion filed within the time provided for the filing of the bill of costs, extend the time for filing the bill.
(b) Transcript Costs. Subject to the provisions of Fed.R.Civ.P. 54(d), the expense of any prevailing party in necessarily obtaining all or any part of a transcript for use in a case, for purposes of a new trial, or amended findings, or for appeal shall be taxable as costs against the adverse party. If in taxing costs the clerk finds that a transcript or deposition was necessarily obtained, the costs of the transcript or deposition shall not exceed the regular copy rate as established by the Judicial Conference of the United States and in effect at the time the transcript or deposition was filed unless some other rate was previously provided for by order of court. Court reporter appearance fees may be awarded in addition to the per page limit, but the fees shall not exceed the published rates on the Court website unless another rate was previously provided by order of court. Except as otherwise ordered by the court, only the cost of the original of such transcript or deposition together with the cost of one copy each where needed by counsel and, for depositions, the copy provided to the court shall be allowed.
(c) Bond Premiums. If costs shall be awarded by the court to either or any party then the reasonable premiums or expenses paid on all bonds or stipulations or other security given by the party in that suit shall be taxed as part of the costs of that party.
(d) Fee of Special Master. After a master’s compensation and disbursements have been allowed by the court, the prevailing party may pay such compensation and disbursements, and on payment the amount thereof shall be a taxable cost against the unsuccessful party or parties. Where, however, the court directs by order the parties against whom, or the proportion in which such compensation and disbursements shall be charged, or the fund or subject matter out of which they shall be paid, the party making the payment to the master shall be entitled to tax such compensation and disbursements only against such parties and in such proportions as the court has directed, and to payment of such taxable cost only out of such fund or subject matter as the court has directed.
Committee Comment
This Rule has been amended in response to the Seventh Circuit Court of Appeals decision in Harney v. City of Chicago, ... F.3d ..., 2012 WL 6097336 *10 (7th Cir. Dec. 10, 2012), in which the Court of Appeals recommended adoption of "an amendment of that rule [LR 54.1] clarifying the availability of court reporter appearance fees over and above the allowable per page amount."
Amended May 24, 2013 | LR 54.1 Taxation of Costs | LR 54.1 Taxation of Costs |
| 54 | If for any reason attributable to counsel or parties, including a settlement or change of plea, the court is unable to commence a jury trial as scheduled where a panel of prospective jurors has reported to the courthouse for the voir dire, the court may assess against counsel or parties responsible all or part of the cost of the panel. Any monies collected as a result of said assessment shall be paid to the clerk who shall promptly remit them to the Treasurer of the United States. | LR 54.2 Jury Costs for Unused Panels | LR 54.2 Jury Costs for Unused Panels |
| 54 | (a) Definitions; General. For the purposes of this rule -
(1) "Fee motion" means a motion, complaint or any other pleading seeking only an award of attorney’s fees and related nontaxable expenses,
(2) "Movant" means the party filing the fee motion,
(3) "Respondent" means a party from whom the movant seeks payment, and
(4) "Related nontaxable expenses" means any expense for which a prevailing party may seek reimbursement other than costs that are taxed by the clerk pursuant to Fed.R.Civ.P. 54(d)(1).
Unless otherwise ordered by the court, this rule does not apply to motions for sanctions under Fed.R.Civ.P. 11 or other sanctions provisions.
Sections (d) through (g) govern a fee motion that would be paid by a party to the litigation rather than out of a fund already created by judgment or by settlement.
(b) Time to File. Either before or after the entry of judgment the court may enter an order with respect to the filing of a fee motion pursuant to Fed.R.Civ.P. 54. Unless the court’s order includes a different schedule for such filing, the motion shall be filed in accordance with the provisions of this rule and shall be filed and served no later than 91 days after the entry of the judgment or settlement agreement on which the motion is founded. If the court has not entered such an order before a motion has been filed pursuant to Fed.R.Civ.P. 54(d)(2)(B), then after such filing the court may order the parties to comply with the procedure set out in this rule as a post-filing rather than as a pre-filing procedure.
(c) Effect on Appeals. The filing of a fee motion shall not stop the running of the time for appeal of any judgment on which the motion is founded.
Where the parties reach an agreement as to the award and the award is to be based on a judgment, unless the agreement provides otherwise, it shall affect neither a party’s right to appeal the fee order resulting from the agreement nor a party’s right to seek a subsequent increase, decrease or vacation of the agreed award in the event the underlying judgment is reversed or modified by subsequent judicial proceedings or settlement.
The time requirements of Fed.R.Civ.P. 59 are not changed by this rule.
(d) Pre-Motion Agreement. The parties involved shall confer and attempt in good faith to agree on the amount of fees or related nontaxable expenses that should be awarded prior to filing a fee motion.
During the attempt to agree, the parties shall, upon request, provide the following information to each other:
(1) The movant shall provide the respondent with the time and work records on which the motion will be based, and shall specify the hours for which compensation will and will not be sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine.
(2) The movant shall inform the respondent of the hourly rates that will be claimed for each lawyer, paralegal, or other person. If the movant’s counsel or other billers have performed any legal work on an hourly basis during the period covered by the motion, the movant shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If the movant’s counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid for those services must be provided. If the movant will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, the movant shall provide such other evidence.
(3) The movant shall furnish the evidence that will be used to support the related nontaxable expenses to be sought by the motion.
(4) The movant shall provide the respondent with the above information within 21 days of the judgment or settlement agreement upon which the motion is based, unless the court sets a different schedule.
(5) If no agreement is reached after the above information has been furnished, the respondent shall, within 21 days of receipt of that information, disclose the total amount of attorney’s fees paid by respondent (and all fees billed but unpaid at the time of the disclosure and all time as yet unbilled and expected to be billed thereafter) for the litigation and shall furnish the following additional information as to any matters (rates, hours, or related nontaxable expenses) that remain in dispute:
(A) the time and work records (if such records have been kept) of respondent’s counsel pertaining to the litigation, which records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine;
(B) evidence of the hourly rates for all billers paid by respondent during the litigation;
(C) evidence of the specific expenses incurred or billed in connection with the litigation, and the total amount of such expenses; and
(D) any evidence the respondent will use to oppose the requested hours, rates, or related nontaxable expenses.
By providing the opposing party with information under this rule about the party’s hours, billing rates and related nontaxable expenses, no party shall be deemed to make any admission or waive any argument about the relevance or effect of such information in determining an appropriate award.
Within 14 days after the above exchange of information is completed and before the motion is filed, the parties shall specifically identify all hours, billing rates, or related nontaxable expenses (if any) that will and will not be objected to, the basis of any objections, and the specific hours, billing rates, and related nontaxable expenses that in the parties' respective views are reasonable and should be compensated. The parties will thereafter attempt to resolve any remaining disputes.
All information furnished by any party under this section shall be treated as strictly confidential by the party receiving the information. The information shall be used solely for purposes of the fee litigation, and shall be disclosed to other persons, if at all, only in court filings or hearings related to the fee litigation. A party receiving such information who proposes to disclose it in a court filing or hearing shall provide the party furnishing it with prior written notice and a reasonable opportunity to request an appropriate protective order.
(e) Joint Statement. If any matters remain in dispute after the above steps are taken, the parties, prior to the filing of the fee motion, shall prepare a joint statement listing the following:
(1) the total amount of fees and related nontaxable expenses claimed by the moving party (If the fee request is based on the "lodestar" method, the statement shall include a summary table giving the name, claimed hours, claimed rates, and claimed totals for each biller.);
(2) the total amount of fees and/or related nontaxable expenses that the respondent deems should be awarded (If the fees are contested, the respondent shall include a similar table giving respondent’s position as to the name, compensable hours, appropriate rates, and totals for each biller listed by movant.);
(3) a brief description of each specific dispute remaining between the parties as to the fees or expenses; and
(4) a statement disclosing—
(A) whether the motion for fees and expenses will be based on a judgment or on a settlement of the underlying merits dispute, and
(B) if the motion will be based on a judgment, whether respondent has appealed or intends to appeal that judgment.
The parties shall cooperate to complete preparation of the joint statement no later than 70 days after the entry of the judgment or settlement agreement on which the motion for fees will be based, unless the court orders otherwise.
(f) Fee Motion. The movant shall attach the joint statement to the fee motion. Unless otherwise allowed by the court, the motion and any supporting or opposing memoranda shall limit their argument and supporting evidentiary matter to disputed issues.
(g) Motion for Instructions. A motion may be filed seeking instructions from the court where it appears that the procedures set forth in this rule cannot be followed within the time limits established by the rule or by order of court because of—
(1) the inability of the parties to resolve a dispute over what materials are to be turned over or the meaning of a provision of the rule,
(2) the failure of one or more of the parties to provide information required by the rule, or
(3) other disputes between the parties that cannot be resolved after good faith attempts.
The motion shall state with specificity the nature of the dispute or items not turned over and the attempts made to resolve the dispute or to obtain the items. The motion must be filed not later than 14 days following the expiration of the time within which the matter in dispute or the materials not turned over should have been delivered in accordance with the timetable set out in this rule or in the court’s order.
The court may on motion filed pursuant to this section, or on its own initiative, modify any time schedule provided for by this rule.
Amended July 6, 2000; April 3, 2008 (nunc pro tunc December 16, 2004); and August 19, 2009 | LR 54.3 Attorney's Fees and Related Non-taxable Expenses | LR 54.3 Attorney's Fees and Related Non-taxable Expenses |
| 54 | Except as otherwise directed by the court, any form of judgment of foreclosure presented for approval by the court shall contain the following statement with respect to attorneys’ fees:
The court has approved the portion of the lien attributable to attorneys’ fees only for purposes of the foreclosure sale, and not for purposes of determining the amount required to be paid personally by defendant in the event of redemption by defendant, or a deficiency judgment, or otherwise. In the event of redemption by defendant or for purposes of any personal deficiency judgment, this court reserves the right to review the amount of attorneys’ fees to be included for either purpose. Plaintiff’s counsel is required to notify defendant of the provisions of this paragraph. | LR 54.4 Judgment of Foreclosure | LR 54.4 Judgment of Foreclosure |
| 56 | LR 56.1. Motions for Summary Judgment
(a) Moving Party. With each summary judgment motion filed under Fed. R. Civ. P. 56, the moving party must serve and file—
(1) a supporting memorandum of law that complies with LR 56.1(g); and
(2) a statement of material facts that complies with LR 56.1(d) and that attaches the cited evidentiary material.
(3) Failure to comply with LR 56.1(a)(1) or (a)(2) may be grounds for denial of the motion.
(b) Opposing Party. Each party opposing a summary judgment motion shall serve and file—
(1) a supporting memorandum of law that complies with LR 56.1(g);
(2) a response to the LR 56.1(a)(2) statement of material facts that complies with LR 56.1(e) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(2) statement; and
(3) if the opposing party wishes to assert facts not set forth in the LR 56.1(a)(2) statement or the LR 56.1(b)(2) response, a statement of additional material facts that complies with LR 56.1(d) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(2) statement or LR 56.1(b)(2) response.
(c) Moving Party’s Reply. After an opposing party files its materials under LR 56.1(b), the movant shall serve and file—
(1) a reply memorandum of law that complies with LR 56.1(g); and
(2) a response to the LR 56.1(b)(3) statement of additional material facts (if any) that complies with LR 56.1(e) and that attaches any cited evidentiary material not attached to the LR 56.1(a)(2) statement, the LR 56.1(b)(2) response, or the LR 56.1(b)(3) statement.
(d) Statement of Material Facts.
(1) Form. Each LR 56.1(a)(2) statement of material facts and LR 56.1(b)(3) statement of additional facts must consist of concise numbered paragraphs.
(2) Citations. Each asserted fact must be supported by citation to the specific evidentiary material, including the specific page number, that supports it. The court may disregard any asserted fact that is not supported with such a citation.
(3) All evidentiary material identified in LR 56.1(a)(2) and LR 56.1(b)(3) citations must be included as numbered exhibits with the statements of fact.
(4) LR 56.1(a)(2) statements of material facts and LR 56.1(b)(3) statements of additional facts should not contain legal argument.
(5) A movant’s LR 56.1(a)(2) statement of material facts must not exceed 80 numbered paragraphs. An opposing party’s LR 56.1(b)(3) statement of additional facts must not exceed 40 numbered paragraphs. A party must seek the court’s permission before exceeding these limits.
(e) Response to Statement of Facts.
(1) Form. Each LR 56.1(b)(2) and LR 56.1(c)(2) response must consist of numbered paragraphs corresponding to the numbered paragraphs in the LR 56.1(a)(2) or LR 56.1(b)(3) statement, respectively, and must attach the evidentiary material identified in LR 56.1(b)(2) and LR 56.1(c)(2), respectively. Each paragraph shall set forth the text of the asserted fact (including its citations to the supporting evidentiary material), and then shall set forth the response.
(2) Content. Each response must admit the asserted fact, dispute the asserted fact, or admit in part and dispute in part the asserted fact. If the response admits in part and disputes in part the asserted fact, it must specify which part of the asserted fact is admitted and which part is disputed. A response may not set forth any new facts, meaning facts that are not fairly responsive to the asserted fact to which the response is made. A response may not assert legal arguments except to make an objection, including objections based on admissibility, materiality, or absence of evidentiary support. Motions to strike all or portions of an opposing party’s LR 56.1 submission are disfavored. If a party contends that its opponent has included objectionable or immaterial evidence or argument in a LR 56.1 submission, the party’s argument that the offending material should not be considered should be included in its response or reply brief. In the event that the objection is overruled, the failure to admit or dispute an asserted fact may constitute a waiver.
(3) Citations. To dispute an asserted fact, a party must cite specific evidentiary material that controverts the fact and must concisely explain how the cited material controverts the asserted fact. Asserted facts may be deemed admitted if not controverted with specific citations to evidentiary material.
(f) Reply in Support of Statement of Facts. No reply to a LR 56.1(b)(2) or LR 56.1(c)(2) response is permitted without the court’s permission. The moving party may use its reply memorandum of law to respond to an evidentiary or materiality objection raised in a LR 56.1(b)(2) response. The opposing party must seek permission from the court for a supplemental filing to respond to an evidentiary or materiality objection raised in a LR 56.1(c)(2) response.
(g) Memorandum of Law. Each memorandum of law must set forth legal argument in support of or opposition to summary judgment and may include a statement of facts. When addressing facts, the memorandum must cite directly to specific paragraphs in the LR 56.1 statements or responses.
Adopted April 20, 2006. Amended February 18, 2021 and September 29, 2023 | LR 56.1 Motions for Summary Judgment | LR 56.1 Motions for Summary Judgment |
| 56 | LR 56.2. Notice to Unrepresented Litigants Opposing Summary Judgment
Any party moving for summary judgment against an unrepresented party shall serve the unrepresented party with its summary judgment papers and a copy of Federal Rule of Civil Procedure 56, Local Rule 56.1, and this Local Rule 56.2 Notice. The moving party must also file this Local Rule 56.2 Notice, with a certificate of service. If the unrepresented party is not the plaintiff, the movant shall revise this Local Rule 56.2 Notice to describe the parties, movant, and nonmovant.
Notice to Unrepresented Litigants Opposing Summary Judgment
The defendant has moved for summary judgment against you. That makes the defendant the “movant” and you the “nonmovant.” By moving for summary judgment, the defendant is arguing to the judge that there is no need for a trial because: (1) there is no legitimate disagreement about the important facts of the case; and (2) applying the law to those facts, the defendant wins. The defendant may move for partial summary judgment (meaning only as to some of the claims or issues raised by your complaint) or for summary judgment on all claims.
When moving for summary judgment, the defendant must serve on you and file:
(1) a statement of facts, which is a list of the facts the defendant thinks are true and undisputed;
(2) the evidence that supports those facts; and
(3) a memorandum of law that makes a legal argument about why the defendant wins based on the law and the facts.
There are rules that both lawyers and people without lawyers must follow in moving for or opposing summary judgment. If you do not follow the rules, then the judge may not consider your facts or your arguments.
This notice is meant to help explain the summary judgment process to you. If you have more questions, you can visit the United States District Court for the Northern District of Illinois’s Clerk’s Office on the 20th floor of the Everett McKinley Dirksen U.S. Courthouse, 219 S. Dearborn, Chicago, Illinois 60604, and ask about the William J. Hibbler Memorial Pro Se Assistance Program. You can also make an appointment with the program online. This program cannot provide you with a lawyer but can answer certain procedural questions about opposing summary judgment.
What You Must File
To respond to the summary judgment motion, you must file, as separate documents:
· a response to the defendant’s statement of material facts (see Section I);
· a statement of additional facts, if you want the judge to consider facts not included in the defendant’s statement of material facts or your response to the defendant’s statement (see Section II);
· the evidentiary material that supports your response to the defendant’s statement of facts and any statement of additional facts (the material should be labeled as exhibits); and
· a memorandum of law that explains why the defendant is not entitled to summary judgment based on the facts and the law (see Section III).
More details about these documents are below. If you do not respond to the defendant’s summary judgment motion by the deadline the judge gives you, the judge may rule on the motion based solely on what the defendant has to say. Even if you file your own summary judgment motion, you still must respond to the defendant’s summary judgment motion.
I. Response to Defendant’s Statement of Facts
The defendant has listed what it thinks are undisputed facts in a series of short paragraphs. This document is called a “statement of facts.” For each fact, the defendant must point to evidence—such as affidavits, deposition transcripts, recordings, and other documents—that the fact is true.
You must respond to each of the defendant’s facts, paragraph by paragraph. If you do not respond to a fact asserted by the defendant, the judge may decide that you have admitted that the fact is true. Here is how you can respond to a fact asserted by the defendant:
(a) Admit it.
If you agree with a fact, write “Admitted.” If you admit a fact in your response, you cannot later deny that fact in your statement of additional facts or in your legal argument.
(b) Dispute it.
If you think that a fact is not supported by the evidentiary material cited by the defendant, you should write “Disputed” and then briefly explain why you dispute the fact and cite the specific page(s) of evidence that supports your position.
If your response cites evidence that the defendant did not submit, you must include that additional evidence in an appendix filed and served along with your response.
For example, if the defendant asserts that the traffic light was red at a particular time and supports that assertion with an affidavit, and if you believe that the light was green at that time, you can dispute the asserted fact and cite to evidentiary material (such as an affidavit, declaration, or deposition testimony) that supports your view that the light was green.
(c) Object to evidence that the defendant submitted.
If you would like to object to a particular piece of evidence cited in the defendant’s statement of facts—for example, because it is not relevant or is hearsay—you should briefly explain your objection. When addressing facts, the memorandum must cite directly to specific paragraphs in the LR 56.1 statements or responses. If you both disagree with a fact and object to the evidence that the defendant cites to support that fact, then your response to that fact should explain both your denial of the fact and your objection. If you object to the defendant’s evidence but do not deny the fact, and the judge overrules your objection, then the judge may consider you to have admitted the fact.
Do not include these things in your response to statements of fact:
· New facts. To state new facts, meaning facts that are not fairly responsive to the defendant’s asserted facts, list them in your separate statement of additional fact (see Section II).
· Legal arguments. Legal arguments must be made in your brief (see Section III). The one exception is for arguments in support of legal objections (for example, hearsay) to the evidentiary material cited by the defendant.
For help formatting your response to the defendant’s statement of facts, see the Local Rule 56.1 examples on the court’s website.
II. Statement of Additional Facts
If you want the judge to consider new facts—meaning facts other than those in the defendant’s statement of facts or your response to the statement of facts—you must submit a statement of additional facts as a separate document from your response to the defendant’s statement. If you do not submit a statement of additional facts, the judge may consider only the asserted facts in the defendant’s statement of facts and any facts in your response to the defendant’s statement of facts that are fairly responsive to the defendant’s asserted facts.
Your statement of additional facts should be organized into short, numbered paragraphs with no more than one fact in each paragraph. Unless you get permission from the judge, your statement of additional facts must not have more than 40 numbered paragraphs.
You must support each fact with a citation to a specific piece of evidence that supports it. For example, you might cite a particular page of a deposition transcript, a particular paragraph of an affidavit, or a timestamp on a recording. You can cite the evidence that the defendant submitted with its statement of material facts to support your statement of additional facts. You can also cite your own evidence that the defendant did not submit, but you must file and serve that evidence along with your statement of additional facts.
If you want to submit evidence of your own testimony (other than a deposition transcript), you should prepare an affidavit or declaration, which sets forth facts you know to be true based on your personal knowledge. An affidavit must be signed and notarized, while a declaration must be signed and include the following language from 28 U.S.C. § 1746: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [insert date]. [Signature].”
For help formatting your statement of additional facts, see the Local Rule 56.1 examples on the court’s website. The defendant will have an opportunity to respond to your statement of additional facts.
III. Memorandum of Law
The defendant has submitted a legal memorandum explaining why it should win the case on summary judgment based on its statement of facts and governing law. You must answer that brief by filing a memorandum that responds to the defendant’s arguments and explains why the defendant should not win the case on summary judgment. Your memorandum should be separate from your response to the defendant’s statement of facts and your statement of additional facts.
Your memorandum should explain why the defendant is not entitled to summary judgment. If you do not make a legal argument in your memorandum, you may lose the opportunity to make that argument on appeal. You can argue that because you and the defendant disagree on important facts, there needs to be a trial to decide which of you is right about those facts. You can also explain why the defendant’s legal arguments are wrong based on the law or based on the facts that you disputed in your response and/or that you included in your statement of additional facts.
IV. Federal Rule of Civil Procedure 56 and Local Rule 56.1
Summary judgment is governed by Federal Rule of Civil Procedure 56, and the United States District Court for the Northern District of Illinois also has a Local Rule 56.1. Local Rule 56.1(a) explains what someone seeking summary judgment must submit, and Local Rule 56.1(b) explains what you need to do to oppose summary judgment.
Reading this Notice is not a substitute for reviewing Rule 56 and Local Rule 56.1. You should be familiar with Rule 56 and Local Rule 56.1 before you prepare your opposition to summary judgment. You should also review the Local Rule 56.1 examples on the court’s website.
Adopted July 1, 2008. Amended February 19, 2021 | LR 56.2 Notice to Unrepresented Litigants Opposing Summary Judgment | LR 56.2 Notice to Unrepresented Litigants Opposing Summary Judgment |
| 58 | The clerk shall enter the satisfaction of a judgment in any of the following circumstances:
(1) upon the filing of a statement of satisfaction of the judgment executed and acknowledged by:
(A) the judgment-creditor, or
(B) by a legal representative or assignee of the judgment-creditor who files evidence of their authority, or
(C) if the filing is within two years of the entry of the judgment, by the attorney or proctor of record for the judgment-creditor.
(2) upon payment to the court of the amount of the judgment plus interest and costs;
(3) if the judgment-creditor is the United States, upon the filing of a statement of satisfaction executed by the United States attorney;
(4) in an admiralty proceeding, upon issuance of an order of satisfaction, such order to be made on the consent of the proctors if such consent be given within two years from the entry of the decree; or
(5) upon receipt of a certified copy of a statement of satisfaction entered in another district. | LR 58.1 Satisfaction of Judgment | LR 58.1 Satisfaction of Judgment |
| 62 | The bond shall be conditioned for the satisfaction of the judgment in full together with costs, interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and damages as the appellate court may adjudge and award.
A supersedeas bond, where the judgment is for a sum of money only, shall be in the amount of the judgment plus one year’s interest at the rate provided in 28 U.S.C. §1961, plus $500 to cover costs. If in conformance with LR 65.1, the bond may be approved by the clerk. The bond amount fixed hereunder is without prejudice to any party’s right to seek timely judicial determination of a higher or lower amount. | LR 62.1 Supersedeas Bond | LR 62.1 Supersedeas Bond |
| 65 | (a) General. Bonds and similar undertakings may be executed by the surety or sureties alone, except in bankruptcy and criminal cases or where a different procedure is prescribed by law. No member of the bar nor any officer or employee of this court shall act as surety in any action or proceeding in this court.
(b) Security. Except as otherwise provided by law, every bond or similar undertaking must be secured by one of the following:
(1) the deposit of cash or obligations of the United States in the amount of the bond, or
(2) the undertaking or guaranty of a corporate surety holding a certificate of authority from the Secretary of the Treasury, or
(3) the undertaking or guaranty of two individual residents of the Northern District of Illinois, provided that each individual surety shall file an affidavit of justification, which shall list the following information:
(A) the surety’s full name, occupation, residence, and business addresses, and
(B) a statement showing that the surety owns real or personal property within this district which, after excluding property exempt from execution and deducting the surety’s debts, liabilities, and other obligations (including those which may arise by virtue of acting as surety on other bonds or undertakings), is properly valued at no less than twice the amount of the bond.
(4) An unconditional letter of credit is an approved form of security and shall be submitted on LR 65.1 Form of Letter of Credit, or on a form agreed to by the parties.
Adopted July 1, 2008 | LR 65.1 Sureties on Bonds | LR 65.1 Sureties on Bonds |
| 65 | Except in criminal cases or where another procedure is prescribed by law, the clerk may approve bonds without an order of court if—
(1) the amount of the bond has been fixed by a judge, by court rule, or by statute, and
(2) the bond is secured in accordance with LR 65.1(b). | LR 65.2 Approval of Bonds by the Clerk | LR 65.2 Approval of Bonds by the Clerk |
| 65 | Upon good cause shown, the court may order the filing of a bond as security for costs. Except as ordered by the court, the bond will be secured in compliance with LR 65.1. The bond shall be conditioned to secure the payment of all fees which the party filing it must pay by law to the clerk, ma |
