United States District Court

Northern District Of Illinois

Local Rules

LR81.3. Habeas Corpus Proceedings by Persons in Custody

(a) Approved Form. Petitions for writs of habeas corpus filed pursuant to 28 U.S.C. §2241 and §2254 and motions filed pursuant to 28 U.S.C. §2255 shall, when filed by persons in custody, be submitted on forms approved by the Executive Committee. The clerk will supply copies of the approved forms to any person requesting them.

(b) Capital Punishment Cases. Post conviction petitions filed pursuant to 28 U.S.C. §2254 and §2255 by or on behalf of a petitioner under sentence of capital punishment shall proceed in accordance with the District Court Rules for the Disposition of Post Conviction Petitions Brought Pursuant to 28 U.S.C.§ 2254 and § 2255 in Cases Involving Petitioners Under a Sentence of Capital Punishment adopted by the Judicial Council of the Seventh Circuit.

(c) Filing Outside of Business Hours. Counsel for the petitioner and counsel for any other person or group seeking leave to file amicus briefs or motions should communicate with either the chief deputy clerk or the senior staff attorney promptly after counsel’s appointment to establish procedures to be used in the event of an emergency. Should an emergency arise before such procedures have been established and at a time that the clerk’s office is not open, counsel should use the phone number listed in the Chicago Daily Law Bulletin for after hours emergencies. [That number is (312) 514-9622.]

(d) §2255 Motions. The clerk shall cause a civil case number to be assigned to any motion filed pursuant to 28 U.S.C. § 2255. Except where otherwise ordered, a separate file and docket of the pleadings filed in connection with such motions shall be maintained under the civil case number. The clerk shall cause a docket entry to be made on the criminal docket indicating the filing of any §2255 motion and the civil case number assigned to the motion. The docket entry will also indicate that a file and docket with that civil case number is maintained for filing and docketing the motion and pleadings associated with the §2255 motion.