United States District Court - Northern District of Illinois

General Rules

Rule 11.

Rule 11. Payment Of Fees In Advance; Pro Se And In Forma Pauperis Matters; Sanctions

A. The clerk shall not be required to file any civil action, or to render any service for which a fee is prescribed by statute or by the Judicial Conference of the United States, until the prescribed fees have been paid, provided that the clerk may 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 D of this Rule.

B. Any complaint in a civil action presented for filing without prepayment of the prescribed fees that is accompanied by a petition for leave to file in forma pauperis together with an affidavit of financial status in the form prescribed by the Executive Committee of this Court shall be accepted by the clerk. The petition for leave to file in forma pauperis and the accompanying affidavit of financial status shall be filed and assigned to a judge in accordance with the procedures established by these rules. The complaint shall be stamped received as of the date presented. The clerk shall promptly forward the petition for leave to file in forma pauperis together with all other papers to the judge to whom it is assigned. If the judge grants plaintiff leave to file, 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:

(a) 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

(b) in the case of any other plaintiff, as of the time the complaint was received by the clerk.

If the court fails to rule within 60 days of the filing of the petition for leave to proceed in forma pauperis, the clerk shall, unless otherwise ordered by the court, enter an order on the court's behalf directing that in accordance with this Rule, the petition for leave to file in forma pauperis is granted and forthwith file the complaint and issue summons. In that event, the same provisions as to deemed dates of filing that have been stated earlier in this Rule's subparagraphs (a) and (b) shall apply.

C. The clerk shall accept for filing any document other than a civil complaint, but including a notice of appeal, for which a filing fee is prescribed, without payment of the prescribed fee where such document is accompanied by a petition for leave to file in forma pauperis and an affidavit of financial status in the form prescribed by the Executive Committee of this Court. The judge to whom the case is assigned shall rule on the petition to file in forma pauperis as in B above. Where the petition is denied, the clerk shall notify the petitioner of the requirements to pay the prescribed fees or be subject to the sanctions set forth in section D of this rule.

D. Where pursuant to section A of this Rule the clerk accepts documents for filing without prepayment of fees or pursuant to Section C of this Rule fees for the filing of documents become due on the denial of a petition for leave to file in forma pauperis, the clerk shall notify the person filing the documents 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 order of 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.

E. Where an order is entered permitting the commencement of a civil action in forma pauperis such 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.

F. Where pursuant to F.R.Civ.P. 4(c)(2) an order is entered appointing the United States marshal to serve the summons, the marshal is authorized to mail a request for waiver of service in the manner prescribed by F.R.Civ.P. 4(d)(2) unless the order of appointment expressly requires the marshal to serve the summons. Where the marshal mails a request for waiver of service, the notice and request shall comply with the provisions of F.R.Civ.P. 4(d)(2). Whenever a waiver of service is received by the marshal following the mailing of such notice and request, it shall be filed promptly with the clerk. Where the marshal is required to serve a summons because a defendant failed to waive service, the court shall impose the costs of service on the defendant in compliance with F.R.Civ.P. 4(d)(2).