United States District Court - Northern District of Illinois

General Rules

Rule 44

Rule 44 Cases Remanded For New Trial --- Reassignment

A. Whenever a Mandate from the Court of Appeals for the Federal Circuit or the Seventh Circuit is filed with the Clerk of this Court indicating that the case appealed is remanded for a new trial by a judge of this Court, the case shall be assigned to the Executive Committee, unless the mandate or accompanying opinion indicates that the case is to be retried by the judge to whom the case was previously assigned. In the latter event the case shall remain with said judge.

B. When any case is reassigned to the Executive Committee in accordance with paragraph A above, the Clerk shall forthwith notify all parties of record by mail that the mandate has been filed and that unless a stipulation is filed with the Clerk by all parties within 10 days after the date of the notice that all parties wish the case returned to the judge who originally heard the case, the case will be reassigned to another judge.

C. When a stipulation is filed indicating that the parties wish the case assigned to the same 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 another judge according to the Rule 2.03.

D. When the case so remanded arose in the Western Division of this Court, A, B and C of this Rule shall apply only if the judge currently assigned to that Division is the same as the one hearing the original matter.

This rule shall not apply to remands resulting from appeals of summary judgments or interlocutory orders.