United States District Court - Northern District of Illinois

General Rules

Rules 2.20 to 2.29 Procedures To Be Used In Filing New Cases

Rule 2.21 Assignment Of Case At Filing

A. Assignment to be by Assignment Cards

Except as provided in parts C and D of this Rule, the assignment of all cases filed in the Eastern Division of this Court shall be by assignment cards. The assignment of cases filed in the Western Division shall be in the manner prescribed by the Executive Committee.

B. Blocks of Assignment Cards

There shall be a separate block of assignment cards for each of the categories enumerated in Rule 2.11 of these Rules. In each block of cards the name of each judge of this Court, other than the Chief Judge or any senior judge, shall appear an equal number of times. The sequence of judges' names within each block shall be kept secret. The case number and date of filing shall be stamped on the card prior to its being removed from the block of cards. Assignment cards used in the assignment of cases shall be preserved for five years except as otherwise ordered by the Executive Committee.

C. Direct Assignment of Cases to the Calendar of the 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 Rules 3.50 through 3.69 of the General Rules of this court; and

(2) Such other cases as the Chief Judge may direct.

D. Direct Assignment of Cases to the Calendar of a 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 or complaint filed by or on behalf of a person in custody which initiates a case in one of the categories specified below shall be assigned in the same manner as other civil cases except that (a) subsequent initiating petitions or complaints within this same category shall be assigned to the judge to whom the most recently filed case in that category is assigned and (b) the petition or complaint to be assigned by lot within a category shall be assigned to a judge other than the judge or judges to whom cases in other categories filed by the prisoner have been assigned. For the purpose of this subsection of the Rule the assignment categories shall be as follows:

(a) petitions for writs of habeas corpus; and

(b) complaints challenging terms and/or conditions of confinement filed under the Civil Rights Act or 28 U.S.C. §1331.

All other cases filed by or on behalf of persons in custody shall be assigned in the same manner as any other civil case.

(2) Refiling 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) Criminal Contempt Cases arising out of Grand Jury proceedings

Any criminal contempt case arising out of Grand Jury proceedings shall be assigned to the Chief Judge at the time of filing. If the Chief Judge determines that such case should be heard by some other judge, it will be transferred to the Executive Committee with a recommendation that it be assigned by lot to some other judge.

4) Civil Suppressed Matters (Interception of Wire and Oral Communications and Other Investigative Authorizations Arising Under Chapter 119 of Title 18, U.S. Code)

All requests for authorization for interceptions of wire and oral communications or other investigatory matters arising under Chapter 119 of Title 18 of the U.S. Code shall be brought before the Chief Judge. All civil suppressed cases arising out of such requests shall be assigned directly to the calendar of the Chief Judge.

(5) Petitions to Enforce Summonses Issued by the Internal Revenue Service

Where two or more petitions to enforce summonses issued by the Internal Revenue Service are presented for filing and the summonses involve the same taxpayer, the first petition shall be assigned by lot in accordance with these Rules and the remaining petition(s) 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 Rule 2.21 shall not be construed as authorizing the direct assignment of petitions to enforce administrative process other than summonses issued by the Internal Revenue Service.

(6) Criminal Cases Arising Out of Failure to Appear

Where an information or indictment is filed in which the principal charge is that the defendant failed to appear in a criminal proceeding in this Court, the information or indictment shall be assigned directly to the same calendar as that to which the earlier criminal proceeding is assigned.

(7) Superseding Indictments or Informations

The United States Attorney will indicate on the designation sheet filed with each indictment or information whether or not it supersedes a pending indictment or information. A superseding indictment or information will be filed in the same case as the superseded indictment or information. Where it supersedes more than one indictment or information, it will be filed in the case which was first assigned to a district judge.

For the purpose of this subsection, an indictment or information supersedes an earlier filed indictment or information if at least one of the defendants in the later filed indictment or information is charged with at least one of the charges brought against the same defendant in an earlier filed indictment or information.

(8) 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.

(9) Criminal cases where pre-indictment assignment made

Where a proceeding arising out of a criminal complaint is required to be heard by a district judge and is assigned by lot to a district judge prior to the filing of the indictment or information associated with the complaint, the indictment or information shall be assigned directly to the calendar of the judge to whom the proceeding was assigned. Where the indictment would have been assigned using a category different from the one used to assign the criminal complaint, appropriate equalization will be made.

(10) Tag-along cases in multidistrict proceedings *

Where a civil case is filed that is 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. 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 may, in the discretion of the judge handling the MDL proceeding, be transferred to the Executive Committee for reassignment by lot.

Whenever it appears that a case has been assigned by lot that should have been assigned directly under the provisions of this section, the judge receiving the case shall transfer it to the Executive Committee for reassignment to the calendar of the judge to whom it should have been assigned directly. The assignment system will be equalized to negate the assignment by lot.