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Local Rules
United States District Court
Central District of Illinois
Effective September 19, 2024
United States District Court, Central District of Illinois
District Judges
Honorable Sara Darrow
Chief United States District Judge
Rock Island, Illinois
Honorable Colin S. Bruce United
States District Judge
Urbana, Illinois
Honorable James E. Shadid
United States District Judge
Peoria, Illinois
Honorable Michael M. Mihm
Senior United States District Judge
Peoria, Illinois
Honorable Colleen R. Lawless
United States District Judge
Honorable Joe Billy McDade
Senior United States District Judge
Peoria, Illinois
Springfield, Illinois
Honorable Sue E. Myerscough
Senior United States District Judge
Springfield, Illinois
Magistrate Judges
Honorable Eric I. Long
United States Magistrate Judge
Urbana, Illinois
Honorable Jonathan E. Hawley
Chief United States Magistrate Judge
Peoria, Illinois
Honorable Karen McNaught
United States Magistrate Judge
Springfield, Illinois
Bankruptcy Judges
Honorable Peter W. Henderson
Chief United States Bankruptcy Judge
Peoria, Illinois
Urbana, Illinois
Honorable Mary P. Gorman
United States Bankruptcy Judge (Recalled)
Springfield, Illinois
Urbana, Illinois
Honorable William V. Altenberger
United States Bankruptcy Judge (Recalled)
Peoria, Illinois
Urbana, Illinois
Court Officials
Shig Yasunaga
United States District Court Clerk
Springfield, Illinois
Michael Martens
Chief United States Probation Officer
Peoria, Illinois
Adrienne Atkins
United States Bankruptcy Court Clerk
Springfield, Illinois
TABLE OF CONTENTS
CIVIL RULES ................................................................................................................................................................ 1
RULE 1.1 SCOPE OF THE RULES ....................................................................................................................... 2
RULE 4.1 WAIVER OF SERVICE ........................................................................................................................ 3
RULE 5.1 FORMAT OF FILINGS ......................................................................................................................... 4
RULE 5.2 ELIGIBILITY, REGISTRATION, AND PASSWORDS ...................................................................... 5
RULE 5.3 DEFINITIONS FOR ELECTRONIC FILING ....................................................................................... 6
RULE 5.4 ELECTRONIC, CONVENTIONAL, AND EMAIL FILING ................................................................ 7
RULE 5.5 ELECTRONIC FILING PROBLEMS ................................................................................................... 9
RULE 5.8 ATTACHMENTS AND EXHIBITS .................................................................................................... 10
RULE 5.9 COURT RECORD AND ORDERS...................................................................................................... 11
RULE 5.10 SEALED CASES, DOCUMENTS FOR IN CAMERA REVIEW, AND EX PARTE DOCUMENTS 12
RULE 5.11 PRIVACY ............................................................................................................................................ 14
RULE 6.1 EXTENSIONS OF TIME ..................................................................................................................... 16
RULE 7.1 MOTIONS ............................................................................................................................................ 17
RULE 7.1.1 DISCLOSURE STATEMENT............................................................................................................. 24
RULE 8.1 SOCIAL SECURITY CASES: REVIEW UNDER 42 U.S.C. § 405(G) ............................................... 24
RULE 8.2 RULE ON POST-CONVICTION PROCEEDINGS IN CAPITAL PUNISHMENT CASES
PURSUANT TO 28 U.S.C. SECTIONS 2254 AND 2255 ...................................................................... 26
RULE 11.1 TELEPHONE NUMBER ON PLEADINGS ...................................................................................... 300
RULE 11.2 DESIGNATION OF LEAD COUNSEL ON INITIAL PLEADING .................................................. 311
RULE 11.4 ELECTRONIC SIGNATURES ......................................................................................................... 322
RULE 16.1 PRETRIAL PROCEDURES ................................................................................................................ 34
RULE 16.2 SCHEDULING CONFERENCE AND ORDER .................................................................................. 37
RULE 16.3 PRETRIAL PROCEDURES IN PRISONER AND DETAINEE CASES ............................................ 40
RULE 16.4 ALTERNATIVE DISPUTE RESOLUTION ..................................................................................... 477
RULE 26.2 IMPLEMENTATION OF FED. R. CIV. P. 26 ................................................................................... 500
RULE 26.3 FILING OF DISCOVERY OR DISCLOSURE MATERIALS .......................................................... 511
RULE 30.1 SCHEDULING OF DEPOSITIONS .................................................................................................. 522
RULE 33.1 INTERROGATORIES ....................................................................................................................... 533
RULE 37.3 DISCOVERY ..................................................................................................................................... 544
RULE 38.1 EQUITABLE RELIEF OR JURY DEMAND ...................................................................................... 55
RULE 40.1 ASSIGNMENT OF CASES AND PLACE OF FILING ..................................................................... 566
RULE 42.1 CONSOLIDATION AND TRANSFER OF RELATED CASES ......................................................... 58
RULE 45.1 ISSUANCE OF BLANK SUBPOENAS .............................................................................................. 59
RULE 47.2 COMMUNICATIONS WITH JURORS .............................................................................................. 60
RULE 47.3 CONDUCT BEFORE THE JURY ....................................................................................................... 61
RULE 48.1 NUMBER OF JURORS ....................................................................................................................... 62
RULE 51.1 PROPOSED INSTRUCTIONS TO JURY ........................................................................................... 63
RULE 54.1 REQUESTS FOR ATTORNEYS FEES AND BILLS OF COSTS ...................................................... 64
RULE 72.1 UNITED STATES MAGISTRATE JUDGES ...................................................................................... 65
RULE 72.2 REVIEW AND APPEAL FROM MAGISTRATE JUDGES ............................................................... 67
RULE 79.1 CUSTODY AND DISPOSITION OF MODELS AND EXHIBITS ..................................................... 68
RULE 79.2 ACCESS TO RECORDS AND PAPERS ............................................................................................. 69
RULE 83.1 RULE MAKING .................................................................................................................................. 70
RULE 83.2
DISCIPLINARY PROCEEDINGS……………………………………………………………………………..71
RULE 83.3
COURTROOM DECORUM................................................................................................................ 72
RULE 83.5 ADMISSION TO PRACTICE.............................................................................................................. 73
RULE 83.6 ATTORNEY DISCIPLINE .................................................................................................................. 75
RULE 83.7 POSSESSION AND/OR USE OF ELECTRONIC DEVICES WITHIN THE COURTHOUSE .......... 79
RULE 83.8 PROHIBITION OF FIREARMS IN COURTROOMS......................................................................... 80
RULE 83.9 COURT REPORTING FEES ............................................................................................................... 81
RULE 83.10 STANDING COMMITTEES ............................................................................................................... 82
RULE 83.11 TRANSMISSION OF PLEADINGS BY FACSIMILE NOT ALLOWED .......................................... 83
RULE 83.12 ADVANCE PAYMENT OF FEES ...................................................................................................... 84
RULE 83.13 PAYMENT OF COSTS IN ACTIONS BY POOR PERSONS............................................................. 85
RULE 83.14 ASSESSMENT OF JURY COSTS ....................................................................................................... 86
RULE 83.15 DISTRICT COURT FUND .................................................................................................................. 87
RULE 83.16 PRODUCTION AND DISCLOSURE OF DOCUMENTS AND TESTIMONY OF JUDICIAL
PERSONNEL IN LEGAL PROCEEDINGS ............................................................................................................. 88
CRIMINAL RULES ..................................................................................................................................................... 90
RULE 12.1
RULE 16.1
RULE 16.2
RULE 32.1
RULE 47.1
RULE 49.2
RULE 49.5
RULE 49.6
RULE 49.7
RULE 49.8
RULE 49.9
PRETRIAL MOTIONS ........................................................................................................................ 91
RULE FOR PRETRIAL DISCOVERY AND INSPECTION .............................................................. 92
RULE FOR USE OF PRETRIAL DISCOVERY MATERIALS IN CRIMINAL CASES ................... 93
IMPLEMENTATION OF SENTENCING GUIDELINES .................................................................. 94
MOTIONS…………………………………………………………………………………………….95
FORMAT OF FILINGS ....................................................................................................................... 99
SCOPE OF ELECTRONIC FILING; SERVICE ................................................................................ 100
ELECTRONIC FILING PROCEDURES .......................................................................................... 101
ATTACHMENTS AND EXHIBITS .................................................................................................. 102
COURT RECORD AND ORDERS.................................................................................................... 103
SEALED CASES, DOCUMENTS FOR IN CAMERA REVIEW, AND EX PARTE DOCUMENTS
……………………………………………………………………………………………………….105
RULE 49.10 ELECTRONIC SIGNATURES .......................................................................................................... 107
RULE 49.11 ACCESS TO RECORDS AND PAPERS ........................................................................................... 109
RULE 49.12 PRIVACY .......................................................................................................................................... 110
RULE 57.2 CONFIDENTIAL PROBATION RECORDS .................................................................................... 111
RULE 57.3 APPEARANCES IN CRIMINAL CASES ......................................................................................... 112
RULE 58.2 FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE ................................................... 113
BANKRUPTCY RULES ............................................................................................................................................ 114
RULE 4.1
RULE 4.2
REFERENCE IN TITLE 11 CASES .................................................................................................. 115
JURY TRIAL PROCEDURES IN BANKRUPTCY COURT ............................................................ 116
TABLE OF CONTENTS
APPENDIX TO RULES
1
Form of Pretrial Order - Civil
2
Form of Pretrial Order - Prisoner
CIVIL RULES
1
RULE 1.1
SCOPE OF THE RULES
(A)
These Rules are known as the Local Rules of United States District Court for the
Central District of Illinois. They may be cited as Civil LR , Crim. LR
,
and Bank. LR.
(B)
These Rules became effective on September 19, 2024.
(C)
These Rules apply in all proceedings in all of the Courts in this district.
(D)
These Rules supersede all previous Rules and orders promulgated by this Court or
any judge of this Court, and will apply to all cases pending at the time these Rules
become effective regardless of when the case was filed.
Revised 2/2024
2
RULE 4.1
WAIVER OF SERVICE
When the Plaintiff elects to notify defendant(s) of the commencement of an action and
requests that the defendant(s) waive service of a summons, proof of the written notice of
lawsuit and request for waiver of service of summons, directed to the defendant(s), must
be filed with the Clerk of this Court within 7 days of the mailing of the notice.
3
RULE 5.1
FORMAT OF FILINGS
The Court may strike any paper which does not conform to the following format:
(A)
Each document filed with the Court shall be on 8½ x 11-inch size paper. It shall be
legibly written, typed, or printed, without erasures or interlineations which
materially deface it, with approximately one-inch margins on each side, top, and
bottom, and pages must be numbered.
(B)
Where the document is typed:
(C)
(1)
Lines shall be double spaced.
(2)
Body text shall be sized 12-point or 14-point, with footnote text no
smaller than 10-point font. All documents must be formatted in a
plain, roman style. Italics may be used for emphasis.
Non-incarcerated pro se litigants may submit filings via email when the submission
complies with Civil Local Rule 5.4.
Revised 11/2021
4
RULE 5.2
ELIGIBILITY, REGISTRATION, AND PASSWORDS
Each attorney admitted to practice in the Central District of Illinois must register for
electronic filing and obtain a password. Pro se parties are not required to register for
electronic filing but may apply to the Court for leave to file electronically, and if granted,
must register for electronic filing and obtain a password. If a user comes to believe that
the security of an existing password has been compromised and that a threat to the System
exists, the user must change his or her password immediately. Additionally, if an
attorney’s or pro se party’s email address, mailing address, telephone number, or fax
number changes after he or she registers for electronic filing, he or she must file notice of
this change within 14 days and serve a copy of the notice on all other parties.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended the rule to improve clarity and vacate the procedure for an attorney to request leave
to file documents conventionally. All attorneys must register through PACER to practice in this District.
5
RULE 5.3
DEFINITIONS FOR ELECTRONIC FILING
(A) “Case Management/Electronic Case Filing System,” also referred to as “the System”
or “CM/ECF,” means the Internet-based system for filing documents and
maintaining Court files in the District Court for the Central District of Illinois.
(B) “Conventional filing” means submitting a paper to the Clerk in a non-electronic,
tangible format. The Clerk will scan the paper submitted conventionally and file it
with CM/ECF.
(C) “Non-registered pro se party” means a person who is not registered to file papers or
receive notices by way of CM/ECF.
(D) “Electronic filing” means uploading a paper directly from the registered user’s
computer in Adobe PDF format, using CM/ECF, to file that paper in the Court’s case
file.
(E)
The “Notice of Electronic Filing” (“NEF”) is generated automatically by the
CM/ECF System at the time a paper is filed with the System, setting forth the time of
filing, the name of the party and attorney filing the paper, the type of paper, the text
of the docket entry, and an electronic link (hyperlink) to the filed document, which
allows recipients to retrieve the document automatically.
(F)
“PACER” (“Public Access to Court Electronic Records”) is the automated system
that allows an individual to view, print, and download Court docket information via
the Internet.
(G) “PDF” refers to a document that exists in Portable Document Format. A document
file created with a word processor, or a paper document that has been scanned, must
first be converted to portable document format before it can be electronically filed.
Converted files contain the extension “.pdf.”
Revised 8/2023
Committee Comments:
August 11, 2023
The Committee amended the rule to improve clarity and eliminate “non-registered attorney of record” because
all attorneys must be registered through PACER to practice in this District.
6
RULE 5.4
(A)
ELECTRONIC, CONVENTIONAL, AND EMAIL FILING
Registered Users
Registered users must file all documents electronically using CM/ECF unless these
Rules provide otherwise.
(B)
Non-registered pro se parties
Non-registered pro se parties must file all documents conventionally or by email
unless these Rules provide otherwise.
(1)
a. Case initiating documents must be submitted in pdf format to the proper
divisional office email address:
Peoria:
Urbana:
Springfield:
Rock Island:
newcases.peoria@ilcd.usCourts.gov
newcases.urbana@ilcd.usCourts.gov
newcases.springfield@ilcd.usCourts.gov
newcases.rockisland@ilcd.usCourts.gov
b. All other documents must be submitted in pdf format to
proselitigants_efiling@ilcd.usCourts.gov;
c. Documents may not be submitted by email from a party who is
incarcerated;
d. The email must include the filer’s name, address, and telephone
number, and if the case has already been opened, the case number in the
subject line;
e. The document must be signed in the form “s/name”; and
f. No additional comments, questions, or other messages may be included
in the email.
(2)
(C)
A document filed conventionally or by email will be deemed filed on the
date it was delivered to the Clerk’s office.
Filing Fee
Case initiating documents must be accompanied by the filing fee or a petition to
proceed in forma pauperis (without prepayment of prescribed fees). Payment of
the filing fee must be made by cash, cashier’s check, law firm check, money order,
7
or credit card. Credit card payments may be made using pay.gov or by giving a
credit card number by phone to the appropriate Clerk’s office.
(D)
(E)
Service
(1)
If a document is served but not filed, a certificate of service may be filed
but is not necessary unless ordered by the Court.
(2)
The filing party is solely responsible for determining a party’s registration
status.
Any judge may deviate from the electronic filing procedures in specific cases, if
deemed appropriate in the exercise of discretion, considering the need for the just,
speedy, and inexpensive determination of matters pending before the Court.
Revised 8/2023
Committee Comments:
August 11, 2023
The Committee extensively amended the Rule to make it more understandable, especially for pro se parties.
The Rule now includes revised former Civil Local Rule 5.7(A)–(C).
8
RULE 5.5
(A)
ELECTRONIC FILING PROBLEMS
Corrections
Once a document is submitted and becomes part of the case docket, corrections to
the docket are made only by the Clerk. The System will not permit the filing party
to make changes to the document or docket entry filed in error once the transaction
has been accepted. The filing party should not attempt to refile a document. As soon
as possible after an error is discovered, the filing party should contact the Clerk’s
Office with the case number and document number for which the correction is being
requested. If appropriate, the Court will make an entry indicating that the document
was filed in error. The filing party will be advised if the document needs to be refiled.
(B)
Technical Problems
(1)
Any difficulty connecting to the CM/ECF System and any other
technical failure experienced should be immediately reported to the Clerk.
(2)
An e-filer whose filing is made untimely as a result of a technical failure may
seek appropriate relief from the Court.
(3)
If the CM/ECF System is unable to accept filing continuously or
intermittently over the course of any period of time greater than one hour after
12:00 noon, filings due that day which could not be filed solely because of
such technical failure shall be due the next business day. Questions or
concerns about this extension should be directed to the Clerk.
(4)
Answers to frequently asked questions regarding electronic filing are
available on the Court’s website.
Revised 8/2023
Committee Comments:
August 11, 2023
The Committee relocated former Civil Local Rule 5.7(D) to the Rule, streamlined the language, and noted
that answers to frequently asked questions are available on the Court’s website. The remainder of 5.7(D) is
vacated.
9
RULE 5.8
(A)
ATTACHMENTS AND EXHIBITS
Size Limitations
Attachments and exhibits filed electronically must conform to the size limitations
set forth on the Central District of Illinois CM/ECF login page. A courtesy copy is
not required except as otherwise ordered by the presiding judge.
(B)
Non-Trial Exhibits
A party must conventionally file exhibits that cannot be uploaded to CM/ECF (e.g.,
audio and video files) by mailing them to the Clerk's office. If possible, a party
should scan a paper exhibit and file it electronically. But if a paper exhibit is not
readily convertible to an electronic format that complies with the size requirements
of the Central District of Illinois's CM/ECF system, a party may file it
conventionally by mailing it to the Clerk's office. A party submitting exhibits
conventionally under this subsection must include an index identifying each exhibit
submitted and the motion or pleading to which it relates. .
(C)
Trial Exhibits
Trial exhibits will not be scanned into the electronic record unless specifically
ordered by the judge presiding over the matter.
Revised 9/2024
Committee Comments:
February 1, 2024
The Committee vacated the courtesy copy mandate in section (A). The presiding judge may order one when
necessary.
September 19, 2024
The Committee revised (B) to broaden the scope of exhibits that may be filed conventionally.
10
RULE 5.9
(A)
COURT RECORD AND ORDERS
Official Court Record
The Clerk’s office will not maintain a paper Court file except as otherwise provided
in these Rules. The official Court record is the electronic file maintained by the
Court, supplemented with any documents or exhibits conventionally filed in
accordance with these Rules.
(B)
Orders
(1)
Judges’ Signatures
The assigned judge or the Clerk’s office will electronically file all signed
orders. Any order signed electronically has the same force and effect as if
the judge had affixed the judge’s signature to a paper copy of the order and
it had been entered on the docket conventionally.
(2)
Proposed Orders
Proposed orders must be submitted as attachments to motions. The
presiding judge may request a copy of the proposed order be sent in Word
or WordPerfect format (i.e., not .pdf) to the chambers email address.
(3)
Text-Only Orders
The assigned judge may grant routine orders by a text-only entry upon the
docket. When text-only entries are made, no separate .pdf document will
issue; the text-only entry will constitute the Court’s only order on the matter.
The System will generate a “Notice of Electronic Filing.”
11
RULE 5.10 SEALED CASES, DOCUMENTS FOR IN CAMERA REVIEW, AND EX PARTE
DOCUMENTS
(A)
Filing Under Seal
(1)
Sealed Cases
All documents in sealed cases must be submitted conventionally to the Clerk
for filing.
(2)
Sealed Documents
The Court does not approve of the filing of documents under seal as a
general matter. A party who has a legal basis for filing a document under
seal without prior Court order must electronically file a motion for leave to
file under seal. The motion must include an explanation of how the
document meets the legal standards for filing sealed documents. The
document in question may not be attached to the motion as an attachment
but rather must be electronically filed contemporaneously using the separate
docket event “Sealed Document.” In the rare event that the motion itself
must be filed under seal, the motion must be electronically filed using the
docket event “Sealed Motion.”
(3)
Service
Parties must not use the Court’s electronic notice facilities to serve
documents in sealed cases or individually sealed documents. A publicly
viewable Notice of Electronic Filing will be generated for a sealed
document, but the document itself will not be viewable electronically.
Service must be made in accordance with the Federal Rules of Civil
Procedure and the Local Rules of this Court. A certificate of service must
be attached to the filed document or filed within a reasonable time after
service.
(4)
Denial of Requests to Seal
In the event that a motion for leave to file under seal is denied, the document
tendered will remain under seal, and it will not be considered by the
presiding judge for any purpose. If the filer wishes to have the document
considered by the Court, it must be refiled in the normal fashion as an
unsealed document. The Court may, in its discretion, order a sealed
document to be made public if (1) the document is filed in disregard of legal
standards, or (2) if the document is so intricately connected with a pending
matter that the interests of justice are best served by doing so.
12
(B)
Documents Submitted for In Camera Review
The Rules applicable to sealed documents also apply to documents submitted for in
camera review.
(C)
Ex Parte Submissions
A party who has a legal basis to file a submission without giving notice to other
parties should file the submission electronically as either an “Ex Parte Document”
or an “Ex Parte Motion.”
Revised 11/2021
13
RULE 5.11 PRIVACY
(A)
Redactions
To address the privacy concerns created by Internet access to Court documents,
litigants must modify or partially redact certain personal data identifiers appearing
in case initiating documents, pleadings, affidavits, or other papers. In addition to
those set out in Rule 5.2 of the Federal Rules of Civil Procedure, these identifiers
and the suggested modifications are as follows:
(1)
(2)
(3)
Addresses: Use only City and State;
Signatures: Use s/name; and
Driver’s License numbers: Use only last four numbers.
Litigants also should consider redacting or filing a motion to file under seal any
document that contains information that might bring harm to anyone or should not
be made public for law enforcement or security reasons.
(B)
Unredacted Documents and Reference Lists
When redactions result in a document’s intent being unclear or if ordered by the
Court, the filing party must file under seal an unredacted document or a reference
list. A reference list must contain the complete personal data identifier(s) and the
redacted identifier(s) to be used in its (their) place in the filing. If an unredacted
version is not filed, the unredacted version of the document or the reference list
must be retained by the filing party for one year after completion of the case,
including all appeals. Upon a showing that the redacted information is both
relevant and legitimately needed, the Court may, in its discretion, order the
information disclosed to counsel for all parties.
(C)
Transcript Redactions
Parties and attorneys may order transcripts. A Court reporter then will file the
transcripts electronically in CM/ECF. The transcript will be available for viewing
at the Clerk’s office public terminal, but may not be copied nor reproduced by the
Clerk’s office for a period of 90 days. A Notice of Filing of Official Transcript will
be served on all parties. If any material should be redacted from a transcript, a party
must file a Notice of Intent to Request Redaction within 7 days of the filing of the
transcript. The responsibility for identifying material that should be redacted, in a
transcript, lies solely with counsel and the parties. Within 21 days from the filing
of the transcript, the parties must file under seal a Motion of Requested Redactions
indicating where the material to be redacted is located, by page and line. If a party
fails to follow the procedures for requesting redaction, the official transcripts will
be made available electronically to the public 90 days after the transcript was
initially filed with the Clerk.
14
(D)
Pro Se Parties
Documents filed in civil cases brought by pro se prisoners need not be redacted
unless so ordered by the presiding Judge. Non-prisoner pro se parties must comply
with the redaction Rules.
(E)
Social Security Cases
Documents filed in social security cases need not be redacted unless so ordered by
the presiding judge.
Revised 03/2010
15
RULE 6.1
EXTENSIONS OF TIME
Any party seeking an extension of time for any reason must file a motion for such extension
before the original deadline. Motions filed out of time will be denied, unless the presiding
judge determines that such denial would create a substantial injustice. All such motions
must state the amount of additional time requested, and must state whether opposing
counsel has an objection to the motion.
16
RULE 7.1
(A)
MOTIONS
Disposition of Motions; Oral Argument; Extension of Time
(1)
(B)
Any motion (other than summary judgment motions, which are governed by
subparagraph (D) of this Rule) may, in the Court’s discretion, be:
(a)
scheduled for oral argument, either at a specified time or on a Motion
Day as suggested in Rule 78 of the Federal Rules of Civil Procedure;
(b)
scheduled for determination by telephone conference call;
(c)
referred to a United States magistrate judge for determination or
recommendation; or
(d)
determined upon the pleadings and the motion papers without
benefit of oral argument.
(2)
A party desiring oral argument on a motion filed under subparagraph (B) of
this Rule must so specify in the motion or opposition thereto and must state
the reason why oral argument is desired.
(3)
Motions for extensions of time must be filed within the original time
allowed.
Memorandum of Law: Response; Reply; Length
(1)
Every motion raising a question of law (except summary judgment motions,
which are governed by subparagraph (D) of this Rule) must include a
memorandum identifying the specific points or propositions of law and
supporting authorities upon which the moving party relies, and identifying
the local or federal rule under which the motion is filed.
(2)
Any party opposing a motion filed pursuant to (B)(1) must file a response
to the motion identifying the specific points or propositions of law and
supporting authorities upon which the responding party relies. The
response must be filed within 14 days after service of the motion and
memorandum. If no response is timely filed, the presiding judge will
presume there is no opposition to the motion and may rule without further
notice to the parties.
(3)
A reply to the response is only permitted with leave of Court. The motion
for leave must be filed within 7 days after service of the response and
include the proposed reply as an exhibit.
17
(4)
(C)
(a)
A memorandum in support of and in response to a motion must be
double-spaced and must not exceed 15 pages in length, unless it
complies with the following type volume limitation.
(b)
A memorandum that exceeds 15 pages in length will comply with
the type volume limitation if
(1)
it does not contain more than 7000 words, or
(2)
it uses monospaced type and does not contain more than 650
lines of text.
(c)
A memorandum submitted under the type volume limitation must
include a certificate by counsel, or by an unrepresented party, that
the memorandum complies with the type volume limitation. The
certificate of compliance must state the number of words, or lines of
type in the memorandum. The person who prepares the certificate
of compliance may rely on the word count of the word processing
system used to prepare the document.
(d)
All headings, footnotes, and quotations count toward the page, word,
and line limitations.
Supporting Documents
If documentary evidence is to be offered in support of or in opposition to a motion,
and if that evidence is conveniently susceptible of copying, copies thereof will be
served and filed by the moving party with the motion and by the opposing party
with the response thereto. If the evidence is not susceptible of convenient copying,
the offering party instead will furnish to the Court and to the adverse party, a
concise summary of the contents and will immediately make the original available
to the adverse party for examination.
(D)
Summary Judgment
All motions for summary judgment and responses and replies thereto must comply
with the requirements of this rule. Any filings not in compliance may be stricken
by the Court. The consequences for failing to comply are discussed thoroughly in
Waldridge v. American Hoechst Corp., 24 F.3d 918 (7th Cir. 1994). Motions for
extension of time to file a motion for summary judgment, a response or a reply
thereto will not be looked upon with favor; such motions may be summarily denied
unless they are filed within the original time as allowed by this rule or by the
scheduling order.
18
(1)
Motion for Summary Judgment
Any party filing a motion for summary judgment pursuant to Federal Rules
of Civil Procedure 56 and the scheduling order entered in the case, must
include in that motion the following sections with appropriate headings:
(a)
Introduction
Without citations, briefly summarize the legal and factual basis for
the motion and the exact relief sought.
(b)
Undisputed Material Facts
List and number each undisputed material fact which is the basis for
the motion for summary judgment. Include as exhibits to the motion
all relevant documentary evidence. For each fact asserted, provide
citations to the documentary evidence that supports it, appropriately
referencing the exhibit and page.
A WORD OF CAUTION: Material facts are only those facts which
bear directly on the legal issue raised by the motion.
(c)
Argument
Under an appropriate subheading for each separate point of law,
explain the legal point, with citations to authorities, and why or how
the application of that point to the undisputed material facts entitles
movant to the relief sought.
(2)
Response to Motion for Summary Judgment
Within 21 days after service of a motion for summary judgment, any party
opposing the motion must file a response. The response must include the
following sections with appropriate headings:
(a)
Introduction
Without citations, briefly summarize the legal and factual basis for
opposition to the motion and the exact relief sought.
(b)
Response to Undisputed Material Facts
In separate subsections state the following:
19
(1)
Undisputed Material facts
List by number each fact from section B of the motion for
summary judgment which is conceded to be undisputed and
material.
(2)
Disputed Material Facts
List by number each fact from section B of the motion for
summary judgment which is conceded to be material but is
claimed to be disputed. Each claim of disputed fact must be
supported by evidentiary documentation referenced by
specific page. Include as exhibits all cited documentary
evidence not already submitted by the movant.
(3)
Disputed Immaterial Facts
List by number each fact from section B of the motion for
summary judgment which is claimed to be both immaterial
and disputed.
State the reason the fact is immaterial.
Support the claim that the fact is disputed with evidentiary
documentation referenced by specific page. Include as
exhibits all cited documentary evidence not already
submitted by the movant.
(4)
Undisputed Immaterial Facts
List by number each fact from section B of the motion for
summary judgment which is undisputed but is claimed to be
immaterial. State the reason the fact is immaterial.
(5)
Additional Material Facts
List and number each additional material fact raised in
opposition to the motion for summary judgment. Each
additional fact must be supported by evidentiary
documentation referenced by specific page. Include as
exhibits all relevant documentary evidence not already
submitted by the movant.
(6)
A failure to respond to any numbered fact will be deemed an
admission of the fact.
20
(c)
Argument
With or without additional citations to authorities, respond directly
to the argument in the motion for summary judgment, for example,
by explaining any disagreement with the movant’s explanation of
each point of law, why a point of law does not apply to the
undisputed material facts, why its application does not entitle
movant to relief or why, for other reasons, summary judgment
should not be granted.
(3)
Movant’s Reply
Within 14 days after service of response, the movant may file a reply. The
reply must include the following subsections, appropriately titled:
(a)
Reply to Additional Material Facts
List by number the additional facts asserted in section (b)(5) of the
response. For each fact, state succinctly whether:
(b)
(1)
it is conceded to be material and undisputed,
(2)
it is conceded to be material but is disputed, in which case
provide support the claim that the fact is disputed by
providing citations to specific pages of evidentiary
documentation. Include as exhibits all cited documentary
evidence not already submitted,
(3)
it is immaterial but disputed, in which case state the reason
the fact is immaterial and support the claim that the fact is
disputed by providing citations to evidentiary
documentation, attached as exhibits and referenced by
specific page,
(4)
it is immaterial and undisputed, in which case explain the
reason it is immaterial.
(5)
A failure to respond to any numbered fact will be deemed an
admission of that fact.
Argument
Succinctly and directly address any matters raised in the response
with which the movant disagrees. THE REPLY WILL BE
LIMITED TO NEW MATTERS RAISED IN THE RESPONSE
AND MUST NOT RESTATE ARGUMENTS ALREADY
RAISED IN THE MOTION.
21
(4)
Oral Arguments
The Court may take the motion for summary judgment under advisement
without oral argument or may schedule argument with appropriate notice to
the parties. A party may file a request for oral argument and hearing at the
time of filing either a motion or response pursuant to this Rule.
(5)
Page and Type Limitations
Page and type volume limitations, as set forth in Rule 7.1(B)(4), apply to
Section (1)(c) of the motion for summary judgment and to Section (2)(c) of
the response to the motion. The argument section of a reply must not exceed
five double-spaced pages in length.
(6)
Exceptions
Local Rule 7.1(D) does not apply to social security appeals or any other case
upon the showing of good cause.
(E)
Amended Pleadings
Whenever an amended pleading is filed, the Clerk will moot any motion attacking
the original pleading. Defendant must respond to the amended pleading in
accordance with Federal Rule of Civil Procedure 15(a)(3).
(F)
Documents Requiring Leave of Court
If filing a document requires leave of the Court, the filing party must attach the
proposed document as an exhibit to a motion to file. If the Court grants the motion
to file, the Clerk will file the attached document electronically; the filing party
should not do so.
Revised 9/2024
Committee Comments:
August 11, 2023
The Committee modified subsection (B)(1) to clarify that the word “Rule” refers to either a local or federal
rule. The Committee also vacated the character count but retained the word limit in subsection (B)(4).
February 1, 2024
The Committee deleted “A failure to respond will be deemed an admission of the motion” from subsection
(D)(2), which governs responses to motions for summary judgement, because it was inconsistent with Rule
56(e) of the Federal Rules of Civil Procedure and Seventh Circuit caselaw.
22
September 19, 2024
The Committee amended subsection (B)(3) to include a 7-day deadline to file a motion for leave to file a
reply and a requirement to attach the proposed reply as an exhibit.
23
RULE 7.1.1 DISCLOSURE STATEMENT
(A)
Who Must File; Contents
(1)
Nongovernmental party, proposed intervenor, or amicus curiae.
A
nongovernmental corporation, limited liability company, partnership,
association, joint venture, syndicate, affiliate, or other similar entity appearing
as a party, proposed intervenor, or amicus curiae must file a disclosure
statement that states its name and the attorney(s) that represent it and:
(a)
identifies all parent companies and any publicly-held company or
individual that has a 10% or greater ownership interest (such as stock or
partnership shares) in the entity; or
(b)
(2)
states that there is no such company or individual.
Parent Companies
For the purposes of this rule, parent companies include all companies
controlling the specified entity directly, or indirectly through intermediaries.
(3)
Pro Se Litigants
This rule does not apply to pro se litigants.
(B)
Any disclosures required under Rule 7.1 of the Federal Rules of Civil Procedure and
Civil Local Rule 7.1.1 may be combined in one Disclosure Statement and filed at the
time specified in Federal Rule 7.1 or as otherwise ordered by the Court.
Revised 8/2023
Committee Comments:
August 11, 2023
The Committee renumbered Civil Local Rule 11.3 to Civil Local Rule 7.1.1 to indicate alignment with Rule
7.1 of the Federal Rules of Civil Procedure. It also expanded the categories of entities required to disclose
ownership information beyond those listed in the federal rule and former local rule.
24
RULE 8.1
SOCIAL SECURITY CASES: REVIEW UNDER 42 U.S.C. § 405(g)
The Court rescinded Civil Local Rule 8.1 effective December 1, 2022. In accordance with
General Order 22-09, former Rule 8.1 may apply to cases filed prior to December 1, 2022,
insofar as application of the Supplemental Rules of Social Security Review Actions Under
42 U.S.C. § 405(g) is unjust or impracticable.
Revised 12/2022
25
RULE 8.2
(A)
RULE ON POST-CONVICTION PROCEEDINGS IN CAPITAL PUNISHMENT
CASES PURSUANT TO 28 U.S.C. SECTIONS 2254 AND 2255
Operation, Scope, and Priority
(1)
This rule applies to post-conviction proceedings in all cases involving
persons under sentence of capital punishment.
(2)
The judge to whom a case is assigned will handle all matters pertaining to
the case, including certificates of appealability, stays of execution,
consideration of the merits, second or successive petitions when authorized
by the Court of Appeals under 28 U.S.C. §§ 2244(b)(3), 2255(h), remands
from the Courts of Appeals or Supreme Court of the United States, and
associated procedural matters. This rule does not limit a district judge’s
discretion to designate a magistrate judge, under 28 U.S.C. § 636, to perform
appropriate tasks. An emergency judge may act when the designated district judge
is unavailable.
(B)
(3)
The judge must give priority to cases within the scope of this rule, using the
time limitations in 28 U.S.C. § 2266(b) as guidelines when the section is not
directly applicable.
(4)
The judge may make changes in the procedures established by this rule when
justice so requires.
Notices and Required Documents
(1)
(2)
A petition or motion within the scope of this rule must:
(a)
Include all possible grounds for relief;
(b)
Inform the court of the execution date, if one has been set; and
(c)
In an action under 28 U.S.C. § 2254, inform the court how each issue
raised was presented to the state tribunal and, if it was not presented,
why the contention nonetheless should be treated as (i) exhausted,
and (ii) not forfeited.
As soon as a case is assigned to a judge, the district clerk must notify by
telephone the judge, counsel for the parties, and the representatives
designated under the next subsection. The district clerk also must inform
counsel of the appropriate procedures and telephone numbers for
emergency after-hours motions.
26
(3)
The Attorneys General of states with persons under sentence of death, and
the United States Attorneys of districts with persons under sentence of
death, must designate representatives to receive notices in capital cases in
addition to, or in lieu of, the government’s assigned counsel, and must keep
the court informed about the office and home telephone numbers of the
designated representatives.
(4)
The district clerk must notify the circuit clerk of the filing of a case within
the scope of this rule, of any substantial development in the case, and of the
filing of a notice of appeal. In all cases within the scope of this rule, the
district court clerk must immediately transmit the record to the Court of
Appeals following the filing of a notice of appeal. A supplemental record
may be sent later if items are not currently available.
(5)
Promptly after the filing of a case within the scope of this rule, the district
clerk must furnish to petitioner or movant a copy of this rule, together with
copies of Rule 22 of the Federal Rules of Appellate Procedure, and Seventh
Circuit Rules 22 and 22.2.
(6)
In all cases within the scope of this rule, the petitioner or movant must file,
within 14 days after filing the petition or motion, legible copies of the
documents listed below. If a required document is not filed, the petitioner
or movant must explain the omission.
(a)
Copies of all state or federal court opinions, memorandum
decisions, orders, transcripts of oral statements of reasons, and
judgments involving any issue presented by the petition or motion,
whether these decisions or opinions were rendered by trial or
appellate courts, on direct or collateral review. If a decision or
opinion has been published, a citation may be supplied in lieu of a
copy.
(b)
Copies of prior petitions or motions filed in state or federal court
challenging the same conviction or sentence.
(c)
If a prior petition has been filed in federal court, either (i) a copy of
the Court of Appeals’ order under 28 U.S.C. § 2244(b)(3) or §
2255(h) permitting a second or successive collateral attack, or (ii)
an explanation of why prior approval of the Court of Appeals is not
required.
(d)
Any other documents that the judge requests.
27
(C)
(D)
Preliminary Consideration
(1)
The district judge will promptly examine a petition or motion within the
scope of this rule and, if appropriate, order the respondent to file an answer
or other pleading or take such other action as the judge deems appropriate.
(2)
If the judge determines that the petition or motion is a second or successive
collateral attack for which prior approval of the Court of Appeals was
required but not obtained, the judge will immediately dismiss the case for
want of jurisdiction.
(3)
If the Court of Appeals granted leave to file a second or successive collateral
attack, the district judge must promptly determine in writing whether the
criteria of 28 U.S.C. § 2244(b)(4) have been satisfied.
Appointment of Counsel
Pursuant to 28 U.S.C. § 2255(g), counsel will be appointed for any person under a
sentence of death who is financially unable to obtain representation, requests that
counsel be appointed, and does not already have counsel appointed by a state under
28 U.S.C. § 2261.
(E)
Stay of Execution
(1)
A stay of execution is granted automatically in some cases, and forbidden
in others, by 28 U.S.C. § 2262. All requests with respect to stays of
execution over which the Court possesses discretion, or in which any party
contends that § 2262 has not been followed, must be made by motion under
this rule.
(2)
Parties must endeavor to file motions with the court in writing and during
normal business hours. Parties having emergency motions during
nonbusiness hours must proceed as instructed under part (b)(2).
(3)
A motion must be accompanied by legible copies of the documents required
by part (b)(6), unless these documents have already been filed with the court
or the movant supplies a reason for their omission. If the reason is lack of
time to obtain or file the documents, then the movant must furnish them as
soon as possible thereafter.
(4)
If the attorney for the government has no objection to the motion for stay,
the court must enter an order staying the execution.
(5)
If the district judge concludes that an initial petition or motion is not
frivolous, a stay of execution must be granted.
28
(F)
(6)
An order granting or denying a stay of execution must be accompanied by a
statement of the reasons for the decision.
(7)
If the district court denies relief on the merits and an appeal is taken, then:
(a)
if the judge denies a certificate of appealability, any previously
issued stay must be vacated, and no new stay of execution may be
entered; but
(b)
if the judge issues a certificate of appealability, a stay of execution
pending appeal must be granted.
Clerk’s List of Cases
The Clerk will maintain a list of cases within the scope of this rule.
29
RULE 11.1 TELEPHONE NUMBER ON PLEADINGS
In addition to the signature and address of the signing attorney or unrepresented party as
required by Rule 11 of the Federal Rules of Civil Procedure, every pleading must show a
telephone number where such attorney or party may be reached by telephone. For every
pleading that is not electronically filed, the name of the filing party or attorney must be
typed below the signature line.
30
RULE 11.2 DESIGNATION OF LEAD COUNSEL ON INITIAL PLEADING
When a party’s initial pleading is filed, counsel must designate as lead counsel the attorney
who will be responsible for receipt of telephone conference calls. Only one may be
designated.
31
RULE 11.4 ELECTRONIC SIGNATURES
(A)
Signatures by Electronic Filers
(1)
Use of a log-in and password for electronic filing constitutes and has the
same force and effect as the filer’s signature for purposes of Rule 11 of the
Federal Rules of Civil Procedure, the Local Rules of this Court, and any other
purpose for which a signature may be required in connection with proceedings in
this Court.
(B)
(2)
Electronic filers should sign in the following manner: “s/Jane Doe.”
Documents signed by an attorney must be filed using that attorney’s log-in
and password; they may not be filed using a log-in and password belonging
to another attorney.
(3)
Where multiple attorney signatures are required, such as on a joint motion
or a stipulation, the filing attorney may enter the “s/” of the other attorneys
to reflect their agreement with the contents of the documents.
Signatures by Non-Electronic Filers
(1)
If an original document requires the signature(s) of one or more persons not
registered for electronic filing (e.g., settlement agreement with a pro se
party, or a witness’ affidavit), the filing party or its attorney must initially
confirm that the content of the document is acceptable to all persons
required to sign the documents. Original signatures of all non-electronic
filers must be obtained before the document is filed.
(2)
The filing party must either redact the original signature(s) and e-file the
redacted version of the document, or provide the redacted version to the
Clerk’s Office for scanning and electronic filing. The filed document must
indicate the identity of each non-registered signatory in the form “s/Jane
Doe.” A certificate of service upon all parties and/or counsel of record must
be filed with the document.
(3)
The filing party must retain the original document until one year after the
date that the judgment has become final by the conclusion of direct review
or the expiration of the time for seeking such review has passed.
(4)
The electronically filed document as it is maintained on the Court’s servers
constitutes the official version of that record. The Court will not maintain a
paper copy of the original document except as otherwise provided in these
Rules.
32
(C)
Disputes Over Authenticity
Any party or non-filing signatory who disputes the authenticity of an electronically
filed document or the signatures on that document must file an objection to the
document within 14 days of receiving the notice that the document has been filed.
Revised 03/2010
33
RULE 16.1 PRETRIAL PROCEDURES
(A)
Special Pretrial Conference
A special pretrial conference may be held at any time by the presiding judge on
notice issued to the parties whenever it appears that such may aid in disposition or
preparation for trial. The special pretrial conference will be by telephone
conference unless otherwise directed by the presiding judge.
(B)
Settlement Conference
The presiding judge may order the parties to submit to settlement conferences at
any time if it appears that a case may be resolved by settlement. The settlement
conference will be by personal appearance unless otherwise directed by the
presiding judge. In addition to the attorney responsible for the actual trial of the
case, someone with final settlement authority must attend the settlement
conference, either in person or by telephone. The settlement conference in a matter
to be tried to the Court must be conducted by a judge who will not preside at the
trial of the case.
(C)
Vacated 8/2023.
(D)
Cases With Intervening Bankruptcy
(1)
Whenever the presiding judge is advised that a bankruptcy under U.S.C.
Title 11, or any other similar Court-ordered reorganization of liquidation
which stays ongoing debt collection proceedings, affects any party to any
case filed in the district Court of this district, the presiding judge will enter
an order directing the parties to file within the Clerk of this Court a copy of
the stay order. Until such order is filed, the presiding judge will keep the
case on its active docket.
(2)
After the stay order is filed, the presiding judge will enter an order directing
the parties to show cause why the district Court case should not be dismissed
because of the pending bankruptcy, reorganization, or liquidation
proceeding. The order to show cause will be returnable to a district judge
at a date certain no less than 180 days from the date the stay order was filed
with the Clerk of this Court. The time may be extended for good cause
shown.
34
(3)
(E)
It is the responsibility of the parties to the district Court case to take
whatever action is necessary to protect their interests in the bankruptcy,
reorganization or liquidation proceedings. It is the further responsibility of
the parties to lift the stay order or otherwise obtain relief from the
bankruptcy, reorganization or liquidation proceeding and file with the
district Court a copy of the order allowing the district Court case to proceed
in order to prosecute the district Court case. If such action is not taken the
district Court case will be dismissed.
Final Pretrial Conference
(1)
A final pretrial conference will be scheduled by the presiding judge as soon
as feasible after the date set for completion of discovery. Uncompleted
discovery will not delay the final pretrial conference.
(2)
Counsel for the parties or the parties, if not represented by counsel, must
confer prior to the date set for final pretrial conference. They will explore
the prospects of settlement and be prepared to report to the presiding judge
at the final pretrial conference whether settlement is possible.
(3)
The final pretrial conference will be by personal appearance unless
otherwise directed by the presiding judge. Counsel who will actually try the
case or parties not represented by counsel must appear at the final pretrial
conference. Counsel and the parties must be authorized and prepared to
enter such stipulations and agreements as may be appropriate.
(4)
Prior to the date set for final pretrial conference, the parties must confer and
prepare a proposed final pretrial order for presentation to the Court at the
conference unless otherwise ordered by the Court. The form and content of
the order are prescribed below and in Appendix 1.
(5)
At the final pretrial conference, the presiding judge and counsel will
consider the following:
(a)
Simplification of the issues for trial;
(b)
Any problems of evidence;
(c)
Possible limitations of the number of expert witnesses;
(d)
The desirability and timing of trial briefs;
(e)
The prospects of settlement;
35
(F)
(f)
Such other matters that may aid in the fair and expeditious trial and
disposition of the action; and
(g)
The possibility of trying the case on short notice.
If the parties
agree, the case will be put on a short notice calendar and may be
called for trial on less than one-week notice.
(6)
In cases to be tried to a jury, the parties must submit an agreed set of jury
instructions. Instructions upon which the parties are unable to agree must be
submitted separately by the parties, unless excused by the presiding judge.
Each instruction must be appropriately numbered and on a separate sheet of
8 1/2” x 11” paper; must cover no more than one subject; must identify the
source and authority upon which it is based; and must have the name of the
party who submitted it noted at the bottom of the page.
(7)
In bench trials, the parties must submit an agreed set of findings of fact and
conclusions of law. Findings and conclusions upon which the parties are
unable to agree must be submitted separately by the parties, unless excused
by the presiding judge.
(8)
Unless otherwise directed by the presiding judge, the parties must submit
any trial briefs and motions in limine on or before 14 days prior to the
scheduled start of trial. Untimely motions will not be considered unless
good cause for delay can be shown to exist.
Final Pretrial Order
Counsel for the plaintiff must prepare the order unless otherwise ordered by the
presiding judge, and must submit it to opposing counsel at least 7 days prior to the
date set for final pretrial conference. The pretrial order must contain the following:
(1)
A brief statement of the nature of the case including the facts showing the
basis for jurisdiction even if jurisdiction is not contested;
(2)
A signed stipulation of uncontested material facts;
(3)
A joint statement of uncontested issues of law;
(4)
A joint statement of all contested material facts and issues of law;
(5)
Stipulations regarding the use of depositions and the presentation of expert
testimony;
36
(6)
A list of all witnesses each party intends to call at trial. Failure to include a
witness in the list may result in the witness being barred from offering
testimony at trial;
(7)
A list of exhibits each party intends to offer or use at trial. The Court will
assume that authentication proof for any listed exhibit is waived unless a
specific objection to lack of authenticity is raised in the pretrial order. All
other objections to exhibits must be specifically noted. Exhibits must be identified
by number only and conform to the listing contained in the pretrial order;
(G)
(8)
A list of all demonstrative aids intended for use in the trial. All foundation
questions concerning those aids will be considered waived by the Court
unless specific objection is stated in the pretrial order.
(9)
At the close of the pretrial conference, the parties and the presiding judge
will sign the pretrial order. If changes or amendments to the order are
required, the parties will complete the changes before they leave the
Courthouse, or the conference may be recessed to be continued in person
within 14 days. The signed pretrial order takes the place of all prior
pleadings. Any issue not contained in the final pretrial order will not be
tried.
(10)
A sample form of pretrial order is contained in Local Rules Appendix 1. The
parties are admonished to conform their pretrial order to the sample format.
Sanctions
Failure of counsel or parties, if not represented by counsel, to appear at any
scheduled pretrial conference, including telephone conferences, or otherwise to
comply with the provisions of this rule, may result in dismissal, default, awarding
of attorney’s fees and costs, and such other sanctions as may be appropriate.
Revised 8/2023
Committee Comments:
August 11, 2023
The Committee vacated section (C) because the Seventh Circuit has “repeatedly criticized the practice of
dismissing suits before they have been concluded, with leave to reinstate the suit,” Gross Graphics Sys.,
Inc. v DEV Indus., Inc., 267 F.3d 624, 626 (7th Cir. 2001). The presiding judge may instead provide a
deadline for the parties to file a stipulation of dismissal.
37
RULE 16.2 SCHEDULING CONFERENCE AND ORDER
(A)
Cases Covered
The Court shall hold a scheduling conference as soon as practicable, but unless the
judge finds good cause for the delay, within the earlier of 90 days after any
defendant has been served with the complaint or 60 days after any defendant has
appeared in all civil cases pursuant to Rule 16 of the Federal Rules of Civil
Procedure to establish a scheduling order to govern case management except:
(1)
Claims for relief within the admiralty and maritime jurisdiction as set forth
in Rule 9(h) of the Federal Rules of Civil Procedure and the Supplemental
Rules for Certain Admiralty and Maritime Claims;
(2)
Social Security cases filed under 42 U.S.C. § 405(g);
(3)
Applications for writ of habeas corpus under 28 U.S.C. § 2254;
(4)
Applications for review of sentence under 28 U.S.C. § 2255;
(5)
Petitions brought by the United States to enforce a summons of the Internal
Revenue Service;
(6)
Appeals from rulings of a bankruptcy judge;
(7)
Appeals from judgments of a United States magistrate judge;
(8)
Naturalization proceedings filed as civil cases or proceedings to cancel or
revoke citizenship;
(9)
Requests for temporary restraining orders;
(10)
Proceedings in bankruptcy;
(11)
Proceedings to compel the giving of testimony or production of documents
under a subpoena or summons issued by an officer; agency, or
instrumentality of the United States not authorized to compel compliance;
(12)
Proceedings to compel the giving of testimony or production of documents
in this district in connection with discovery, or for perpetuation of
testimony, for use in a matter pending or contemplated in a district court of
another district;
(13)
Proceedings for the temporary enforcement of orders of the National Labor
Relations Board;
38
(B)
(14)
Actions to enforce out-of-state judgments;
(15)
Cases in which no service upon defendant(s) has been effected within 120
days of filing of the complaint;
(16)
Other cases in which the Court’s review of the file indicates that the burden
of a scheduling conference would exceed the administrative efficiency to be
gained;
(17)
The presiding judge may order a scheduling conference in any case.
Order
At the conclusion of the scheduling conference, the presiding judge will enter an
order setting forth the time limits as established at the conference. A copy of the
order will be provided by the Clerk of this Court to each of the parties or their
counsel.
(C)
Scheduling by Telephone Conference
The scheduling conference may be held by a telephone conference call or the Court
may require personal appearance. Lead counsel must participate in the scheduling
conference or inform the Clerk of the Court of substitute counsel before the time
set for the conference. Whoever participates on behalf of a party is expected to be
prepared to address the matters contemplated by the scheduling order and have full
authority to bind the party as to such matters.
(D)
Dates
The parties and their counsel are bound by the dates specified in the scheduling
order absent a finding of due diligence and good cause for changing said dates.
(E)
Scheduling Order
The scheduling order will contain certain deadlines for the following:
(1)
(2)
(3)
(4)
(5)
Amendment of pleadings;
Joinder of additional parties;
Disclosure of expert witnesses;
Completion of discovery;
Filing of dispositive motions.
Revised 04/2016
39
RULE 16.3 PRETRIAL PROCEDURES IN PRISONER AND DETAINEE CASES
The following procedures apply to civil cases filed by prisoners and civil detainees
proceeding pro se. For purposes of this section, a “prisoner” is a person defined in 28
U.S.C. § 1915(h). A “civil detainee” is a person held in detention or committed to civil
law, including but not limited to persons detained or civilly committed pursuant to the
Illinois Sexually Violent Persons Commitment Act, 725 ILCS 207/1–207/99 or the Illinois
Sexually Dangerous Persons Act, 725 ILCS 205/0.01–205/12.
(A)
Complaint
(1)
Upon written request, the Clerk of the Court will provide each pro se
plaintiff with a complaint form, a petition to proceed in forma pauperis and
an instruction sheet. The plaintiff is not required to use the Court’s
complaint form. No complaint will be rejected for filing because of
improper form or because of failure to comply with Local Rules. However,
failure to comply with Local Rules may result in dismissal of the plaintiff’s
case by the Court.
(2)
The plaintiff’s complaint may be handwritten or typed. However, the
original complaint, as well as all pleadings, must be legible and signed by
the plaintiff. If there is more than one plaintiff, each must sign the
complaint. A complaint need not be notarized. However, if the complaint
contains false statements of material fact, the plaintiff may be subject to
dismissal of the case or other sanctions.
(3)
All copies of the original complaint provided by the plaintiff must be carbon
copies or photocopies. No other copies, such as handwritten copies, will be
accepted.
(4)
The complaint should set forth a short and plain statement of the plaintiff’s
claim(s) showing that the plaintiff is entitled to relief. A short statement of
names, dates and facts about what each defendant did will usually be
enough. Legal argument and case citations are not necessary. If the Court
requires additional information about a claim, the plaintiff will be ordered
to provide a more complete statement. The complaint should also state what
relief the plaintiff seeks, and if known, the grounds for the Court’s
jurisdiction.
(5)
The complaint should include the full first and last name of each defendant
to be served and a full address where that defendant may be served, usually
a work address. Failure of the plaintiff, without good cause, to timely and
adequately identify a defendant for service will result in dismissal of that
defendant from the case.
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(B)
(6)
The plaintiff should mail the complaint, along with the filing fee or the
petition to proceed in forma pauperis, together in one package to: CLERK,
U.S. DISTRICT COURT in the division in which the claim arose.
(7)
The Clerk will file the complaint upon receipt, regardless of the form of the
complaint and regardless of whether the complaint is accompanied by
payment of the filing fee or a petition to proceed in forma pauperis.
Payment of Fees and Other Costs
(1)
If the plaintiff files a complaint without the filing fee or a petition to proceed
in forma pauperis, a deficiency order will enter directing the plaintiff to
either pay the filing fee or file a petition to proceed in forma pauperis.
Failure to comply will result in dismissal of the case.
(2)
If the plaintiff is a prisoner under 28 U.S.C. § 1915(h) and files a petition to
proceed in forma pauperis that demonstrates inability to pay the filing fee,
the petition will be granted and an initial partial filing fee will be assessed
in accordance with 28 U.S.C. § 1915(b). The agency having custody of the
plaintiff will be directed to pay the initial partial filing fee from the
plaintiff’s prison account and to forward monthly payments from that
account in accordance with 28 U.S.C. § 1915(b). If the plaintiff is not a
prisoner under 28 U.S.C. § 1915(h), this provision does not apply.
(3)
All requests for file-stamped copies of documents must be accompanied by
a stamped, self-addressed envelope and an extra copy to be file-stamped and
returned.
(4)
Security for Costs
(a)
(b)
In any case removed to this Court under the provisions of 28 U.S.C.
§ 1441 or 1443 in which the plaintiff is a pro se prisoner who has been
barred from proceeding in forma pauperis under the provisions of 28
U.S.C. § 1915(g), and who does not meet the exception of that section, the
Court may require security from the plaintiff for payment of costs.
The Court may require security for payment of costs from any
plaintiff, regardless of whether that plaintiff is barred from
proceeding in forma pauperis under 28 U.S.C. § 1915(g), where the
Court determines that such plaintiff: (1) has filed three or more
prior actions in federal court that were dismissed as frivolous,
malicious, or for failure to state a federal claim for relief; or, (2) has
unpaid costs or sanctions assessed in a prior federal case.
41
This section does not limit the Court’s power to require security in
other appropriate cases.
(c)
(C)
The security may be in the form of cash or a surety bond with
corporate or justified sureties acceptable to the Court. Failure by the
plaintiff to provide the required security may result in the dismissal
of the action.
Case Management Order
If practicable, the Court will conduct a review of the complaint before service is
ordered, and enter a Case Management Order delineating the viable claims stated,
if any. At any time, a Case Management Order is issued by the Court defining the
remaining claims in the case, the case will proceed solely on those claims identified
in the Case Management Order. Any claims not defined in the Case Management
Order will not be included in the case, except in the Court’s discretion on motion
by a party for good cause shown, or pursuant to Rule 15 of the Federal Rules of
Civil Procedure.
(D)
Service of Process
In cases proceeding in forma pauperis, after the complaint is filed and a Case
Management Order enters, if any, a Scheduling Order will enter directing service of
the complaint. Generally, waivers of service will be sought from the defendants in
lieu of personal service. If a defendant fails to return a signed waiver of service,
personal service will be attempted on that defendant, with the costs of personal
service assessed against that defendant to the extent allowed under the Federal
Rules of Civil Procedure.
If the full statutory filing fee is paid, the plaintiff is responsible for arranging for
service.
(E)
Answer
(1)
When the State of Illinois, any of its officers, agents, departments or
employees is a defendant, a responsive pleading must be filed within 60
days of service or within 60 days of the date the waiver of service was sent,
as the case may be. All other defendants, including officers and employees
of counties and municipalities, must answer or otherwise plead within 21
days of personal service, or within 60 days after a waiver of service is sent.
A motion to dismiss is not an answer. The answer must be considered a
responsive pleading under Rule 15(a) of the Federal Rules of Civil
Procedure and should include all defenses appropriate under the Federal
Rules. It is the responsibility of the individual named as a defendant to
arrange for representation within that time limit. The Court will not extend
the time for answer unless exceptional circumstances are shown. Default
may be entered against defendants who do not answer within the time limits.
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(2)
(F)
In civil rights cases where the pro se plaintiff is a prisoner or civil detainee,
the answer and subsequent pleadings will be to the issues stated in the Case
Management Order accompanying the process and complaint, if such an
order is entered. A defendant need not parse the complaint and respond to
it. If no Case Management Order has entered, the responsive pleading will
be to the complaint.
Scheduling Conference
A scheduling order directing service of the complaint will also set the case for a
scheduling conference. At the scheduling conference, the parties will be prepared
to argue all pending motions; determine whether all parties have been correctly
designated and properly served; discuss the course and progress of discovery and
resolve any disputes; determine whether a jury demand has been timely filed; set
firm dates for the completion of discovery and the filing of case-dispositive
motions. At the conclusion of the scheduling conference, the Court will set the
matter for further status conference or will set scheduling deadlines. Scheduling
conferences will be held by telephone or video unless otherwise ordered by the
Court.
(G)
Status Conference
A status conference may be set at any time by the Court. At a status conference the
parties will be prepared to argue all pending motions; discuss the progress of
discovery and resolve any disputes; review dates for the completion of discovery
and the filing of case-dispositive motions. Status conferences will be held by
telephone or video unless otherwise ordered by the Court.
(H)
Motions
The parties are responsible for filing motions within the deadlines set by the Court.
Responses to motions must be filed within 14 days, or a party must file a timely
motion for extension of time to respond, that is within the time set for response.
Motions to file “instanter” are not viewed favorably by the Court and will not be
allowed routinely. Motions will not be specially set or noticed for hearing. The
Court may rule on any motion after the time for response has passed, whether a
response is on file or not. At his or her discretion, the presiding judge may set any
motion for hearing.
(I)
Final Pretrial Conference
(1)
As soon as practicable after the close of discovery and the resolution of
dispositive motions, the presiding judge will set the case for final pretrial
43
conference. All discovery MUST BE COMPLETED before the conference
is held. Appropriate sanctions will be imposed upon any party failing to
complete discovery as ordered. No case-dispositive motions will be
accepted after the cut-off date for the filing of such motions, except by leave
of Court and a showing of extraordinary circumstances, e.g., a recently
decided relevant court opinion or newly discovered evidence that with due
diligence could not have been found during the time allotted for discovery.
The conference must be by personal appearance, by telephone, or by video
as directed by the Court, with the plaintiff, if not represented, and with the
attorneys who will try the case.
(2)
(3)
The following documents are to be prepared and exchanged between the
litigants, BUT NOT FILED WITH THE COURT, at least 30 days before
the date set for the final pretrial conference.
(a)
A statement of uncontested facts.
(b)
A statement of contested issues of fact and law.
(c)
An itemized statement of damages (plaintiff only).
(d)
A list of names and addresses of witnesses that each party intends to
call to testify at trial, including the names of expert witnesses.
(e)
A list of names and addresses of witnesses for whom subpoenas are
requested, and a brief summary of the expected testimony of each
such witness.
(f)
A list of names, registration numbers (if applicable), and addresses
of prisoner or detainee witnesses from whom writs of habeas corpus
ad testificandum are requested, and a brief summary of the facts to
which each such witness will testify.
(g)
A list of exhibits, sequentially numbered, which each party intends
to offer into evidence.
(h)
A list of all demonstrative aids to be used at the trial.
An attorney for the defendants must prepare a proposed final pretrial order
based on the documents described above and must file the proposed final
pretrial order at least 14 days before the final pretrial conference. A
suggested form of the order is included as Appendix 2 to these Rules. As
far as is practicable, the litigants are encouraged to resolve any disputes
concerning the order prior to the conference. When the plaintiff is
44
represented by counsel, a final, agreed-to order will be presented at the
conference.
(4)
At the final pretrial conference, the presiding judge and the litigants will
consider the following:
(a)
The prospects of settlement. Plaintiff will make a definite demand
for settlement and defendants will have authority to make a definite
offer of settlement.
(b)
Simplification of the issues for trial;
(c)
The final witness lists, including the issuance of subpoenas and writs
for witnesses;
(d)
Any problems of evidence;
(e)
Limitation on the number of expert witnesses;
(f)
The desirability and timing of trial briefs;
(g)
Such other matters that may aid in the fair and expeditious trial and
disposition of the action;
(h)
The estimated length of trial.
(5)
In cases to be tried to a jury, the parties will submit an agreed set of jury
instructions, unless otherwise directed by the Court. Instructions upon
which the parties are unable to agree will be submitted separately by each
party, unless excused by the presiding judge. Each instruction will be
appropriately numbered and on a separate sheet of 8 1/2” x 11” paper; will
cover no more than one subject; will identify the source and authority upon
which it is based; and will have the name of the party submitting it noted at
the bottom of the page.
(6)
Changes or amendments to the proposed final pretrial order will be made at
the final pretrial conference. At the close of the pretrial conference, the
parties and the presiding judge will sign the pretrial order. The Court may
direct that the parties’ signatures be electronically affixed to the final
pretrial order if the parties have not appeared in person for the final pretrial
conference. The signed pretrial order takes the place of all prior pleadings.
Any issue not contained in the final pretrial order WILL NOT BE TRIED.
The parties are cautioned to consider the contents of the order very
carefully, especially as to jury demand, types of damages sought, claims and
defenses.
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(7)
(J)
A sample form of pretrial order is contained in Local Rules Appendix 2. The
parties are cautioned to conform their pretrial order to the sample format.
Sanctions
Failure of counsel or parties, if not represented by counsel, to appear at any
scheduled pretrial conference, including telephone conferences, or otherwise to
comply with the provisions of this Rule, may result in dismissal, default, awarding
of attorney’s fees and costs and such other sanctions as may be appropriate.
(K)
Change of Address
Every pro se plaintiff must notify the Clerk of the Court in writing of any change
of address during the entire pendency of his case. Failure to notify the Clerk of a
change of address will result in the dismissal of the case.
(L)
Waiver
A plaintiff may request a waiver of any of the provisions of this rule by filing a
motion with the Clerk of the Court stating in brief what requirements the plaintiff
wants waived and why. The Court will consider each motion individually;
however, motions to waive these requirements will not be routinely allowed.
Revised 06/2010
46
RULE 16.4 ALTERNATIVE DISPUTE RESOLUTION
(A)
General
The Court adopts these Rules pursuant to the Alternative Dispute Resolution Act of
1998 to make available to litigants a program of Court-annexed dispute resolution
processes designed to provide quick, inexpensive and satisfying alternatives to
engaging in continuing litigation.
The Court establishes mediation, summary jury trials and summary bench trials as
the forms of alternative dispute resolution (“ADR”) available to the litigants in this
Court. These are available in all civil actions, including adversary proceedings and
contested matters in Bankruptcy being heard by the District Court, except those
cases listed in Civil Local Rule 16.2(A).
(B)
Definitions
“Presiding judge” is the judge to whom the case is assigned for trial. The presiding
judge will not preside over any form of ADR.
“Mediation” is a non-binding settlement process involving a neutral mediator who
assists the parties to overcome obstacles to effective negotiation. In cases assigned
to a district judge, the neutral mediator will normally be the magistrate judge to
whom the case is referred.
“Summary jury trial” is a non-binding pretrial procedure in which the parties try
their cases by narration to a jury with a judge presiding. The verdict or verdicts will
serve as an aid in the settlement process.
“Summary bench trial” is a non-binding pretrial procedure consisting of a
summarized presentation of a case to a judge whose decision and analysis will serve
as an aid to the settlement process.
(C)
The ADR Administrator
The “ADR Administrator” is a person appointed by the Court with full authority
and responsibility to direct the program created by these Rules. The ADR
Administrator will:
(1)
Oversee the operation of the ADR program in this Court;
(2)
Assign cases to various judges throughout the district for ADR processes;
(3)
Prepare application for funding of the ADR program and administer any
funds assigned; and
47
(4)
(D)
Prepare such reports as may be required by the Court or the Administrative
Office of the U.S. Courts concerning the operation of the program or the
use of any funds allocated.
Referral to ADR
Parties are encouraged to use the ADR process created by these Rules. At the initial
Rule 16 conference, the presiding judge will inform the parties of the availability
of ADR processes and will encourage the parties to participate in ADR at an
appropriate time. All litigants in civil cases, except those in cases listed in Civil
Local Rule 16.2(A), are to consider the use of alternative dispute resolution
processes at an appropriate stage of the litigation.
(E)
Mediation
(1)
Eligible Cases. Any civil case, including adversary proceedings in
bankruptcy, may be referred to mediation.
(2)
Reference to Mediation. A case may be referred to mediation at any time
but only on agreement of the parties.
(3)
Private Mediation. Nothing in these Rules will prevent the parties from
agreeing or contracting to utilize private mediation. The parties will notify
the ADR Administrator upon initiating private mediation and within 14 days
after conclusion of private mediation.
(4)
Neutrality of Mediator. If at any time the Court-assigned mediator becomes
aware of or a party raises an issue with respect to the mediator’s neutrality,
the mediator will either recuse himself or ask the ADR Administrator to
determine the validity of the objection. In the event of recusal or wellfounded objection, the ADR Administrator will designate another judge to
act as mediator.
(5)
Written submissions to the mediator. Within 7 days prior to the first
mediation meeting, parties must submit to the mediator a memorandum
setting forth their respective legal and factual positions. Such memoranda
will be confidential and will not be disclosed to anyone.
(6)
Attendance. The attorney who is primarily responsible for each party’s case
must personally attend all mediation conferences and must be prepared and
authorized to discuss all relevant issues, including settlement. The parties
must be present unless excused by the mediator. When a party’s interest is
represented by an insurance company, an authorized representative of the
insurance company with full settlement authority must attend. Willful
failure of a party to attend the mediation
48
conference will be reported by the mediator to the ADR Administrator for
transmittal to the presiding judge, who may impose appropriate sanctions.
(7)
Confidentiality. The entire mediation process is confidential. Neither the
parties nor the mediator may disclose information regarding the process,
including terms of settlement, to the Court or to third persons unless all
parties otherwise agree. Parties, counsel and mediators may, however,
respond to confidential inquiries or surveys by persons authorized by the
Court to evaluate the mediation program. Information provided in such
inquiries will remain confidential and will not be identified with particular
cases.
The mediation process will be treated as a compromise negotiation for
purposes of the Federal Rules of Evidence and corresponding state Rules of
evidence. The mediator is disqualified as a witness, consultant, attorney, or
expert in any pending or future action relating to the dispute, including
action between persons not parties to the mediation process.
(F)
Summary Jury Trial
Any civil case triable by jury may be assigned for summary jury trial when all
parties consent to such a proceeding. Such a proceeding will be conducted by a
judge other than the presiding judge.
Summary jury trial is a flexible ADR process. The procedures to be followed
should be set in advance by the judge who is to preside in light of the circumstances
in the case.
Revised 04/2016
49
RULE 26.2 IMPLEMENTATION OF RULE 26 OF THE FEDERAL RULES OF CIVIL
PROCEDURE
(A)
Rule 26 of the Federal Rules of Civil Procedure controls the initial stages of
discovery/disclosure in this Court in all cases filed on or after January 1, 1994 with
the exception of the categories of proceedings specified in Rule 26(a)(1)(B) of the
Federal Rules of Civil Procedure. These categories are construed to include the
following:
(1)
Naturalization proceedings filed as civil cases or proceedings to cancel or
revoke citizenship;
(2)
Proceedings in bankruptcy;
(3)
Proceedings to compel the giving of testimony or production of documents
in this district in connection with discovery, or for perpetuation of
testimony, for use in a matter pending or contemplated in a district Court of
another district;
(4)
Actions to enforce out-of-state judgments;
(5)
Cases exempted by the presiding judge on a case-by-case basis.
(B)
The parties may not agree to opt out of the provisions of Rule 26.
(C)
Attorneys in all cases not exempt from Rule 26 will comply with Rule 26(f) before
the date set by the Court for the initial scheduling conference. The parties must
produce and file a proposed discovery plan which meets the requirements of Rule
26(f). The attorney for the plaintiff is responsible for arranging the meeting and
filing the proposed discovery plan.
50
RULE 26.3 FILING OF DISCOVERY OR DISCLOSURE MATERIALS
(A)
Interrogatories under Rules 33 and 26(b)(4) of the Federal Rules of Civil Procedure,
and the answers or objections thereto, requests for production or inspection under
Rule 34, and responses or objections thereto, requests for admission under Rule 36,
and responses and objections thereto, and depositions under Rules 30 and 31 and
disclosures under Rule 26, must not be filed with the Clerk of this Court except as
hereinafter provided.
(B)
The party responsible for the service of discovery materials must retain the originals
as custodian.
(C)
Any motion filed under Rules 26(c) or 37 must be accompanied by the relevant
portions of discovery material relied upon or in dispute.
(D)
That portion of discovery material necessary to the consideration of a pretrial
motion or for a final order on any issue must be filed contemporaneously with the
motion or response to the motion and attached to the pleading as an exhibit thereto.
51
RULE 30.1 SCHEDULING OF DEPOSITIONS
In scheduling any deposition, counsel must make a good faith effort to coordinate with all
opposing counsel the scheduling of a time that is mutually convenient to all opposing
counsel and the parties. The signing and serving of a Notice of Deposition constitutes a
certification by the attorney signing and serving the Notice of Deposition that the attorney
has complied with this rule.
52
RULE 33.1 INTERROGATORIES
Answers or objections to interrogatories under Rules 33 and 26(b)(4) of the Federal Rules
of Civil Procedure must set forth in full the interrogatory being answered or objected to
immediately preceding the answer or objection. Objections to interrogatories must not be
filed with the Clerk of this Court except as exhibits to motions for protective order or
motions to compel pursuant to Rules 26(c) and 37 of the Federal Rules of Civil Procedure.
53
RULE 37.3 DISCOVERY
The Court will entertain emergency oral motions involving discovery, at the discretion of
the presiding judge. These motions will be heard by telephone conference.
Revised 11/2021
54
RULE 38.1 EQUITABLE RELIEF OR JURY DEMAND
The plaintiff, in every civil action in which the complaint prays for any equitable relief,
must mark upon the face of the complaint: “Equitable relief is sought;” and if a demand
for jury trial under Rule 38 of the Federal Rules of Civil Procedure is endorsed upon a
pleading, the title of the pleading must include the words “and demand for jury trial.”
55
RULE 40.1 ASSIGNMENT OF CASES AND PLACE OF FILING
(A)
Peoria
All complaints and subsequent filings in cases which arise from the following
counties: Fulton, Livingston, Marshall, McLean, Peoria, Putnam, Stark, Tazewell,
and Woodford will be filed at PEORIA, ILLINOIS.
(B)
Springfield
All complaints and subsequent filings in cases which arise from the following
counties: Adams, Brown, Cass, Christian, DeWitt, Greene, Logan, Macoupin,
Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Scott, and Shelby, will be
filed at SPRINGFIELD, ILLINOIS.
(C)
Rock Island
All complaints and subsequent filings in cases which arise from the following
counties: Bureau, Hancock, Henderson, Henry, Knox, McDonough, Mercer, Rock
Island, Schuyler and Warren will be filed at ROCK ISLAND, ILLINOIS.
(D)
Urbana
All complaints and subsequent filings in cases which arise from the following
counties: Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee, Macon,
Moultrie, Piatt, and Vermilion will be filed at URBANA, ILLINOIS.
(E)
Assignment Procedures
(1) All complaints and subsequent filings in cases filed in the Central District of
Illinois must identify in the caption of such pleading or document the division
in which the case is pending.
(2) As part of the statement of jurisdiction, the initial pleadings in each case must
state the basis for filing in the division selected.
(3) All complaints, motions to amend a complaint, and amended complaints must
state if seeking relief identified in Civil Local Rule 40.1(E)(4)(b)(i) or (b)(ii).
(4) Assignment of Cases
(a)
Cases are randomly assigned to judges regularly sitting in the
division where they arise; or
(b)
Cases are randomly assigned or reassigned to judges in the District
regardless of where they arise, if:
(i)
the civil action seeks to bar or mandate statewide
enforcement of a state law, including a rule, regulation,
policy, or order of the executive branch or a state agency,
whether by declaratory judgment and/or any form of
56
injunctive relief; or
(ii)
the civil action seeks to bar or mandate nationwide
enforcement of a federal law, including a rule, regulation,
policy, or order of the executive branch or a federal agency,
whether by declaratory judgment and/or any form of
injunctive relief; unless:
A.
(iii)
a party objects within 14 days of assignment or
reassignment because:
1.
the remedy sought does not have implications
beyond the parties before the Court; or
2.
of the importance of having the case heard by
a local judge.
the civil action involves the following natures of suit: Habeas
Corpus – Alien Detainee; Habeas Corpus (28 U.S.C. § 2241);
Prisoner: Civil Rights; Prisoner Petitions – Prison Conditions; and
Civil Detainee: Conditions of Confinement.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended the rule to reflect the District’s procedures that were modified pursuant to the March 2024
Judicial Conference policy update that recommended district-wide assignment of cases that seek the remedies identified
in subsections (E)(4)(b).
57
RULE 42.1 CONSOLIDATION AND TRANSFER OF RELATED CASES
When a party or counsel for a party knows that a newly filed case is related to another case
already pending in the district, the parties are responsible for bringing the matter to the
Court’s attention at the first opportunity but not later than the Rule 16 discovery conference
or the first motion hearing, whichever occurs earliest. Consolidation of the cases will be
considered at that time.
Later-filed cases may be transferred to the judge assigned to the first-filed suit, regardless
of whether the cases are consolidated.
58
RULE 45.1 ISSUANCE OF BLANK SUBPOENAS
In a Civil Case, the Clerk must not issue blank subpoenas to a pro se party except upon
order of the judge to whom the case is assigned.
Note on Use
Under Civil Local Rule 45.1, a pro se litigant may move the Court, either orally or in writing, to
issue a subpoena for specific witnesses or documents. The pro se litigant must present the Court
orally or in writing with a statement of what relevant information the documents contain or the
person to be subpoenaed possesses.
59
RULE 47.2 COMMUNICATIONS WITH JURORS
(A)
Before and during trial, no attorney, party or representative of either, may contact,
converse or otherwise communicate with a juror or potential juror on any subject,
whether pertaining to the case or not.
(B)
No attorney, party, or representative of either may interrogate a juror after the
verdict has been returned without prior approval of the presiding judge. Approval
of the presiding judge may be sought only by application made by counsel orally
in open Court or upon written motion which states the grounds and the purpose of
the interrogation. If a post-verdict interrogation of one or more of the members of
the jury should be approved, the scope of the interrogation and other appropriate
limitations upon the interrogation will be determined by the presiding judge prior
to the interrogation.
60
RULE 47.3 CONDUCT BEFORE THE JURY
All attempts to curry favor with jurors by fawning, flattery, or pretending solicitude for
their personal comfort are unprofessional. Suggestions of counsel regarding the comfort or
convenience of jurors and propositions to dispense with argument or peremptory
challenges must be made to the presiding judge out of the jury’s hearing.
61
RULE 48.1 NUMBER OF JURORS
In all jury cases, except as may be otherwise required by law or controlling Rule, the jury
will consist of no less than six members.
62
RULE 51.1 PROPOSED INSTRUCTIONS TO JURY
(A)
All requests for jury instructions not previously tendered must be submitted to the
presiding judge at the conclusion of all the evidence with copies submitted to all
parties.
(B)
The instructions read to the jury by the presiding judge will accompany the jury to
the jury room when the jury retires for deliberation unless otherwise determined
by the presiding judge.
63
RULE 54.1 REQUESTS FOR ATTORNEYS FEES AND BILLS OF COSTS
(A)
Time for Requests
In all civil cases, requests for attorneys fees must be filed no later than 14 days after
entry of judgment. Bills of Costs must be filed within 30 days after entry of
judgment.
(B)
Form
Bills of costs and supporting documentation may be filed in any format, but must
include Form AO-133 as a summary.
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RULE 72.1 UNITED STATES MAGISTRATE JUDGES
(A)
Duties:
A magistrate judge in this district is authorized to perform all the duties in 28
U.S.C. § 636 and is designated to:
(1)
upon the consent of the defendant, try either jury or non-jury cases of
persons accused of misdemeanors and infractions committed within this
district in accordance with 18 U.S.C. § 3401, and conduct all post-trial
proceedings therein as may be warranted;
(2)
conduct proceedings for commitment to another district and issue
Commitments to Another District in accordance with Rule 40 of the Federal
Rules of Criminal Procedure;
(3)
conduct extradition proceedings in accordance with 18 U.S.C. § 3184;
(4)
order competency examinations of defendants pursuant to 18 U.S.C. § 4244;
(5)
supervise proceedings conducted pursuant to letters of request, in
accordance with 28 U.S.C. § 1782;
(6)
hear and determine any non-dispositive pretrial motion pursuant to 28 U.S.C.
§ 636(b)(1)(A);
(7)
conduct hearings, including such evidentiary hearings as are necessary or
appropriate, and submit to a district judge proposed findings of fact and
recommendations for the disposition of dispositive motions that are
excepted in 28 U.S.C. § 636(b)(1)(A) in accordance with 28 U.S.C.
§ 636(b)(1)(B) and (C);
(8)
exercise the powers enumerated in Rules 5, 8, 9 and 10 of the Rules
Governing Section 2254 and Section 2255 Proceedings;
(9)
upon the consent of the parties pursuant to 28 U.S.C. § 636(c), conduct any
or all proceedings in a jury or non-jury civil matter and order the entry of
judgment in the case;
(10)
exercise general supervision of the civil and criminal calendars of the Court,
conduct calendar and status calls, and determine motions to expedite or
postpone the trial of cases for the district judges;
(11)
conduct pretrial conferences, settlement conferences, summary jury trials,
omnibus hearings, and related pretrial proceedings;
65
(12)
conduct arraignments in cases not triable by the magistrate judge to the
extent of taking a not guilty plea or noting a defendant’s intention to plead
guilty or nolo contendere and ordering a presentence report in appropriate
cases;
(13)
receive grand jury returns in accordance with Rule 6(f) of the Federal
Rules of Criminal Procedure;
(14)
upon the consent of the parties conduct voir dire and select petit juries for
the Court;
(15)
accept petit jury verdicts in civil cases in the absence of a district judge;
(16)
issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus
ad prosequendum, or other orders necessary to obtain the presence of parties
or witnesses or evidence needed for Court proceedings;
(17)
order the exoneration or forfeiture of bonds;
(18)
conduct proceedings for the collection of civil penalties of not more than
$200 assessed under the Federal Boat Safety Act of 1971, in accordance
with 46 U.S.C. §§ 4311(d) and 12309(c);
(19)
conduct examinations of judgment debtors, in accordance with Rule 69 of
the Federal Rules of Civil Procedure;
(20)
impose sanctions under Rules 11, 16, and 37 of the Federal Rules of Civil
Procedure, except for dismissal or contempt;
(21)
authorize the withdrawal of funds from the Court’s Registry;
(22)
perform any additional duty that is not inconsistent with the Constitution
and laws of the United States;
(23)
conduct scheduling conferences pursuant to Rule 16 and enter, vacate or
modify scheduling orders;
(24)
accept guilty pleas in felony cases with the consent of the defendant and
the United States Attorney, order a presentence investigation report, and
file a report and recommendation with the District Court.
Revised 04/2016
66
RULE 72.2 REVIEW AND APPEAL FROM MAGISTRATE JUDGES
(A)
Appeal of Non-Dispositive Matters
Any party may appeal from any order of a magistrate judge within 14 days after
service of the order appealed from. Such an appeal must specifically designate the
order appealed from and the basis for any objection. The appeal must be
accompanied by a memorandum of law in support. Any party opposing the appeal
must, within 14 days after service of the appeal, file a memorandum of law in
opposition.
(B)
Review of Dispositive Motions
Any party may object to a magistrate judge’s report and recommendation by filing
an objection in accordance with Rule 72(b) of the Federal Rules of Civil Procedure
within 14 days after service thereof. Such objection must specifically identify the
portions of the report and recommendation to which objection is made and the basis
for the objection and must be accompanied by a memorandum of law in support of
the objection. Any party who opposes the objection must file a memorandum of
law in opposition within 14 days after service of the objection. Failure to file an
objection to a report and recommendation constitutes waiver of further review of
the issue.
67
RULE 79.1 CUSTODY AND DISPOSITION OF MODELS AND EXHIBITS
(A)
Custody
After being received into evidence, or offered and refused admission, all models,
diagrams, exhibits and material forming part of the evidence in any cause pending
or tried in this Court, will be placed in the custody of the Clerk of this Court, unless
otherwise ordered by the presiding judge.
(B)
Removal
All models, diagrams, exhibits or material placed in the custody of the Clerk of this
Court must be taken away by the attorney or party if not represented by an attorney,
who offered them within 60 days after the case is decided unless an appeal is taken.
In all cases in which an appeal is taken, they must be taken away within 30 days
after the filing of the mandate of the reviewing Court which disposes of the case.
At the time of removal, a detailed receipt must be given to the Clerk of this Court
and filed in the cause. If bulky exhibits are included in the evidence received or
offered, the presiding judge may order that a photograph be taken of the bulky
exhibit and the photograph be placed in the record in place of the bulky item.
(C)
Neglect to Remove
If an attorney or a party, if not represented by an attorney, neglects to remove any
models, diagrams, exhibits or materials within 30 days after notice from the Clerk
of this Court, they may be sold by the Clerk of this Court at public or private sale
or otherwise disposed of as the presiding judge may direct. If they are sold, the
proceeds, less the expense of the sale, will be paid into the Registry of the Court
pending further order of the presiding judge.
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RULE 79.2 ACCESS TO RECORDS AND PAPERS
(A)
Withdrawal of Original Documents
No person, other than an employee of this Court in the exercise of official duty, will
withdraw any original pleading, paper, record, model or exhibit from the custody
of the Clerk of this Court or other employee of this Court having custody thereof,
except upon written order of a judge of this Court, and upon leaving a proper receipt
with the Clerk of this Court or employee.
(B)
Public Access
Electronic access to the electronic docket and to documents filed in the System is
available to the public at no charge at the Clerk’s Office during regular business
hours. A copy fee for an electronic reproduction is required in accordance with 28
U.S.C. § 1930. Public remote electronic access to the System for viewing purposes
is limited to subscribers to the PACER system, which charges a user fee for
remotely accessing certain detailed case information. Conventional copies and
certified copies of electronically filed documents may be purchased by the public
at the Clerk’s Office. The fee for copying and certifying will be in accordance with
28 U.S.C. § 1914.
69
RULE 83.1 RULE MAKING
This Court will from time to time adopt Local Rules of practice. When new Rules or
amendments are proposed by the Court, they will be offered for comment to the Local
Rules Committee of the Court. Local Rules will be adopted only after giving appropriate
public notice and opportunity for comment. If emergency Rules are promulgated, they will
be immediately sent to the Rules Committee for comment.
70
RULE 83.2 DISCIPLINARY PROCEEDINGS
The Chief Judge is authorized to discipline the conduct of pro se litigants and admitted
attorneys on behalf of the District.
Added 9/2024
Committee Comments:
September 19, 2024
The Committee added the Rule to clarify that the Chief Judge is authorized to impose discipline on the
District’s behalf.
71
RULE 83.3 COURTROOM DECORUM
(A)
During court proceedings, all attorneys may stand when speaking, unless
otherwise directed by the presiding judge. All objections and comments thereon
will be addressed to the presiding judge. There will be no oral confrontation
between opposing counsel.
(B)
During court proceedings, neither counsel nor parties may leave the courtroom
without prior approval of the presiding judge.
72
RULE 83.5 ADMISSION TO PRACTICE
(A)
Qualifications for Admission to Practice
An attorney licensed to practice law in any state or in the District of Columbia may
apply for admission to practice in this Court through PACER by completing a
questionnaire and submitting a written motion for admission and a letter of good
standing, dated within six months of application, from the state in which the
attorney is licensed. The attorney may instead submit a motion for admission by a
Central District of Illinois member in good standing. An attorney employed full
time by a state, a county, or the United States may request the Court waive the
admission fee.
A law student of an accredited law school or a graduate of an accredited law school
awaiting bar results may, upon written motion by a Central District of Illinois
member in good standing, be provisionally admitted to practice and may appear in
this Court under the supervision and direction of the sponsoring attorney. The
student or graduate may conduct all pretrial, trial, and post-trial proceedings, and
the supervising member of the bar need not be present. The Court does not require
a fee for provisional admission.
(B)
Oath
An attorney must complete the oath or affirmation as part of the attorney admission
process.
(C)
Admission to Practice in All Divisions
Admission to practice in this Court includes all divisions.
(D)
Reciprocal Admission
An attorney admitted to practice in the Northern or Southern District of Illinois may
apply for admission to practice in this Court through PACER. The attorney must
complete a questionnaire and submit an admission certificate from the district in
which the attorney is admitted and a letter of good standing, dated within six months
of the application, from the state in which the attorney is licensed.
(E)
Fee Assessed Upon Admission
The Court shall advise by email that the application for admission has been
accepted and the admission fee is due. Once the fee is paid, the attorney is admitted
to the Central District of Illinois. The fee shall be established by the Court, in
conjunction with the fee prescribed by the Judicial Conference of the United States
pursuant to 28 U.S.C. § 1914.
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(F)
Admission Pro Hac Vice
The Court does not permit pro hac vice admissions generally. At the discretion of
the presiding judge, an attorney who is licensed to practice in any state or the
District of Columbia may file a motion seeking leave to participate in a case while
his or her application for admission to practice in the Central District of Illinois is
pending. The application for admission must be submitted contemporaneously
with the motion for leave.
(G)
Unauthorized Practice
An attorney who appears in person or by filing a pleading in this Court must be
admitted to practice in accordance with this Rule. Any person who, before
admission to the Central District of Illinois or during a suspension or disbarment,
exercises any privileges of a member of this Court or who pretends to be entitled
to do so, may be subject to discipline pursuant to Civil Local Rule 83.6.
(H)
Changes to Contact Information or Registration Status
An attorney must update contact information (name, address, phone number, email
address in PACER within 14 days of the change. A change in registration status
must be submitted to the Clerk within 14 days.
(I)
Pro Bono Panel
The Pro Bono Panel of this Court consists of all attorneys admitted to practice in
this Court whose place of business is in the Central District of Illinois. Attorneys
employed full time by the United States, the State of Illinois or a county are exempt
from service on the panel. Statutory fees and expenses may be awarded to a pro
bono attorney as provided by law.
An attorney appointed to represent an indigent party in a civil proceeding before
this Court may petition the Court for reimbursement of expenses incurred in
preparation and presentation of the proceeding, subject to the procedures and
regulations contained in the Court’s current plan governing reimbursement of
expenses from the District Court Fund.
Revised 11/2021
74
RULE 83.6 ATTORNEY DISCIPLINE
(A)
Reciprocal Discipline
When it is shown to a judge of this Court that an attorney admitted to practice in the
Central District of Illinois has been suspended or disbarred from practice in any
other Court of record, the same discipline is automatically imposed against the
attorney in the Central District of Illinois. The Chief Judge will issue an order of
automatic discipline to be served on the attorney by mail and also sent electronically
to the attorney’s email address on file. Within 30 days after the notice is
postmarked or sent electronically, whichever is later, the attorney may apply to the
Chief Judge to modify or vacate the discipline for good cause shown.
(B)
Other Discipline
(1)
Proceedings before the Presiding Judge.
When a judge of this Court believes there is cause to find that an attorney
admitted to practice in the Central District of Illinois has engaged in
professional misconduct before him or her, the judge shall enter an Order to
Show Cause within 14 days why the attorney (“respondent”) should not be
subject to formal disciplinary proceedings before the Chief Judge of the
District. The Order to Show Cause shall state with specificity the Illinois
Rule(s) of Professional Conduct that the presiding judge believes the
respondent violated and the factual basis for that belief.
(a)
or
(b)
The presiding judge may discharge the Order to Show Cause upon
finding that the response rebuts the belief that the respondent
engaged in professional misconduct;
If the respondent admits the allegations, fails to file a timely
response, or fails to rebut the belief that the respondent engaged in
professional misconduct, then the presiding judge shall refer the
respondent to the Chief Judge for formal disciplinary proceedings
within 7 days of the response deadline. The Order to Show
Cause and the response, if applicable, shall be filed in a
miscellaneous case. The presiding judge shall provide notice to
the respondent that the matter has been referred to the Chief Judge
for formal disciplinary proceedings.
75
(2)
Formal Proceedings before the Chief Judge (or appointee, other than the
presiding judge).
(a)
(b)
(c)
Within 30 days of the referral, the Chief Judge shall:
(i)
Terminate the disciplinary proceedings after finding no
cause to believe the respondent committed professional
misconduct as specified in the presiding judge’s Order to
Show Cause; or
(ii)
Issue a Notice of Hearing, which shall specify the date,
time, and location of the hearing. The date of the hearing
shall not be more than 30 days from the date of the issuance
of the Notice of Hearing.
Hearing before the Chief Judge.
(i)
The respondent may, up to 7 days before the hearing,
waive his or her right to a hearing by filing a written
Waiver of Hearing. If the respondent waives hearing, he
or she may file documentary submissions and evidence for
the Chief Judge’s consideration. If Respondent fails to
appear at the hearing without filing a Waiver of Hearing,
such a failure to appear shall be deemed an admission of
the professional misconduct alleged in the Order to Show
Cause and consent to any sanction the Chief Judge deems
appropriate.
(ii)
The respondent may testify, present the testimony of
witnesses, and present other evidence, but has no right to
subpoena witnesses or documents.
(iii)
The Chief Judge may call witnesses on his or her own
motion upon at least 7 days’ notice to the respondent.
(iv)
The Chief Judge and the respondent may question any
witness presented.
(v)
The hearing shall be recorded by a certified court reporter.
(vi)
The Rules of Evidence do not apply at the hearing.
Disposition.
(i)
The Chief Judge shall issue a written Order concluding the
formal disciplinary proceedings.
(ii)
Any disposition finding professional misconduct shall
specify the sanction.
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(iii)
(d)
The decision of the Chief Judge is final.
Sanctions.
Sanctions for professional misconduct include private reprimand,
public censure, suspension for a determinate period of time with
automatic reinstatement, suspension for a definite period of time with
leave to seek reinstatement upon the completion of that time period,
and disbarment. If the sanction is suspension or disbarment, the Clerk
shall enter an order in pending Central District of Illinois cases in
which the respondent is representing a client and the respondent shall
send a copy of the order to the Illinois Attorney Registration and
Disciplinary Commission.
(3)
Notice and Service of Papers.
The Court’s notices or orders shall be served by CM/ECF or by mail to the
respondent or counsel’s registered mailing address. The respondent shall file
all documents using CM/ECF.
(4)
Counsel.
The respondent may be represented in formal proceedings before the Chief
Judge by counsel who is admitted to practice in the United States District
Court for the Central District of Illinois.
(C)
Appointment of Counsel
The Court may appoint an attorney from its pro bono panel to prosecute its interests
under this Rule.
(D)
Other Sanctions
Notwithstanding this Rule, but in supplement to it, the judges of this Court may
impose sanctions against a member of the bar of this Court pursuant to Rules 16 and
37 of the Federal Rules of Civil Procedure and initiate civil or criminal contempt
proceedings when appropriate.
(E)
Rules of Professional Conduct
The Rules of Professional Conduct adopted by this Court are the Rules of
Professional Conduct adopted by the Supreme Court of Illinois, as amended from
time to time by that Court, except as otherwise provided by specific Rule of this
Court after consideration of comments by representatives of bar associations within
the state.
Revised 9/2024
77
Committee Comments:
February 1, 2024
The Committee significantly revised section (B) to create a comprehensive District-wide discipline process
administered by the Chief Judge.
Committee Comments:
September 19, 2024
The Committee removed the Rule’s former opening statement and added new Civil Local Rule 83.2. The
Chief Judge is authorized to discipline the conduct of pro se litigants and admitted attorneys on the District’s
behalf. See Civil LR 83.2.
78
RULE 83.7 POSSESSION AND/OR USE OF ELECTRONIC DEVICES WITHIN THE
COURTHOUSE
DEFINITION: “Electronic Devices,” as used within this Rule, includes cameras, video
recorders, audio recorders, cellular or digital phones, palm pilots and pdas, computers, and
all similar electronic, cable, digital, computerized or other forms and methods of recording,
transmitting, or communicating.
(A) Prohibitions
No electronic devices will be permitted into the Courthouse subject to the exceptions
below. To avert delays in security screening in the lobby, those entering the
Courthouse are strongly urged to heed this prohibition, because such devices will not
be held within the Courthouse. News media representatives wishing to conduct
interviews in relation to a Court case may contact the presiding judge to seek
permission to bring electronic equipment into the building for that purpose. If
permission is granted, the judge will designate a specific area of the Courthouse
where such electronic equipment may be stored and used. After the interviews are
completed, the equipment must be immediately removed from the Courthouse.
(B) Exceptions
(1)
This Rule may be suspended for naturalization or other ceremonial
proceedings or otherwise as ordered by the presiding judge.
(2)
Attorneys are allowed to possess and carry electronic devices within the
Courthouse (upon showing proper identification to Court security personnel
at the front desk) and in the Courtrooms. However, such equipment will not
be used in a Courtroom without the permission of the presiding judge, and
such equipment may not in any event be used to record or transmit Court
proceedings by audio, visual, or other means. Also, an attorney may not
allow any other person (e.g., a client, whether in custody or not) to use the
attorney’s cell phone or other electronic device in the Courthouse.
(3)
This Rule does not apply to official Court reporters in the performance of their
official duties. Any use of recording or transcription services or equipment
other than by the official Court reporters must be approved by the presiding
judge.
(4)
This Rule does not apply to the United States Marshal, Deputy U.S. Marshals,
Court Security Officers, law enforcement personnel known to Court Security
Officers upon production of proper identification, and
(5)
Employees of the Illinois Department of Corrections who have transported
state prisoners to Court.
(C) Note: This Rule does apply to prospective jurors.
79
RULE 83.8 PROHIBITION OF FIREARMS IN COURTROOMS
(A)
No one, except a Deputy United States Marshal acting in the scope of employment,
will possess any firearm or other weapon in any Courtroom of this Court.
(B)
Deputy United States Marshals are directed to take and secure any firearm or other
weapon from anyone, including law enforcement officers, before admittance to any
Courtroom.
(C)
Law enforcement officers, other than employees of the United States Marshal
Service, may possess firearms or other weapons in a Courtroom in this district only
with the express authorization of the United States Marshal or his or her designee.
80
RULE 83.9 COURT REPORTING FEES
A current schedule of transcript fees, as established by the Judicial Conference of the
United States, is posted in each office of the Clerk of this Court and is available from the
official Court reporters.
81
RULE 83.10 STANDING COMMITTEES
(A)
Committee on Local Rules
The Court will appoint a committee from the bar of the district to review and give
comment on Local Rules. The committee will meet at least once a year to review
the existing Rules, propose any changes, and to give comment on changes proposed
by the Court.
(B)
Advisory Committee Under the Civil Justice Reform Act
The Court will appoint a committee from the district to carry out the duties required
by the Civil Justice Reform Act of 1990, 28 U.S.C. §§ 471–482. The United States
Attorney, or his or her designee, will be a permanent member; other members will
serve not more than four years. Members will be representative geographically and
of major litigation groups within the district. At least one member will be a nonattorney.
82
RULE 83.11 TRANSMISSION OF PLEADINGS BY FACSIMILE NOT ALLOWED
No pleading, motion, or other document shall be transmitted to the Court or the office of
the Clerk of the Court by means of electronic facsimile.
83
RULE 83.12 ADVANCE PAYMENT OF FEES
Except as may now or hereafter be required or permitted by law, by direction of the Judicial
Conference of the United States, or by special order of the Court in exceptional
circumstances, the fees required by 28 U.S.C. § 1914 of the United States Code will be
paid to the Clerk of this Court in advance of filing the document or documents involved.
84
RULE 83.13 PAYMENT OF COSTS IN ACTIONS BY POOR PERSONS
At the time application is made under 28 U.S.C. § 1915 for leave to commence any civil
action without being required to prepay fees and costs or give security for the same, the
applicant and his or her attorney must enter into an agreement to be filed with the Court
that any recovery secured in the action will be paid into the hands of the Clerk of this Court,
who will pay therefrom all unpaid costs taxed against the plaintiff and remit the balance to
the attorney of record for the plaintiff, or to the plaintiff if unrepresented. If the attorney
has filed notice with the Clerk that a contingent fee contract has been entered into by the
plaintiff, the balance will be paid to the plaintiff and the attorney in accordance with the
order of the presiding judge.
85
RULE 83.14 ASSESSMENT OF JURY COSTS
If for any reason attributable to counsel or parties, including settlement, the Court is unable
to commence a jury trial as scheduled where a panel of prospective jurors has reported for
the voir dire, or a selected jury reports to try the case, all or part of the costs of the panel,
including, but not limited to, mileage, attendance fees, and per diem for each juror reporting
for service, may be assessed against the parties and attorneys responsible for the Court’s
inability to proceed. Any monies collected as a result of assessment will be paid to the
Clerk of this Court for transmittal to the Treasury of the United States.
86
RULE 83.15 DISTRICT COURT FUND
The District Court assesses attorneys a special fee determined by the Court at the time of
admission to practice in this Court. This fee is established in Civil Local Rule 83.5(E) and
deposited in the District Court Fund. The Fund is administered in accordance with the Plan
for the Establishment and Administration of the District Court Fund and Regulations
Governing Reimbursement from the District Court Fund. The Clerk of this Court is the
custodian of the District Court Fund.
revised 04/2013
87
RULE 83.16 PRODUCTION AND DISCLOSURE OF DOCUMENTS AND TESTIMONY OF
JUDICIAL PERSONNEL IN LEGAL PROCEEDINGS
(A)
The purpose of the Rule is to implement the policy of the Judicial Conference of the
United States with regard
(1)
to the production or disclosure of official information or records by the
federal judiciary, and
(2)
the testimony of present or former judiciary personnel relating to any
official information acquired by any such individual as part of the
individual’s performance of official duties, or by virtue of that individual’s
official status, in federal, state, or other legal proceedings.
Implementation of this Rule is subject to the regulations established by the
Judicial Conference of the United States which are incorporated herein (a
copy of such regulations can be obtained from the Clerk of the Court).
(B)
Requests covered by this Rule include an order, subpoena, or other demand of a
Court or administrative or other authority, or competent jurisdiction, under color of
law, or any other request by whatever method, for the production, disclosure, or
release of information or records by the federal judiciary, or for the appearance and
testimony of federal judicial personnel as witnesses as to matters arising out of the
performance of their official duties, in legal proceedings. This includes requests
for voluntary production or testimony in the absence of any legal process.
(C)
This Rule does not apply to requests by members of the public, when properly made
through the procedures established by the Court for records or documents, such as
Court files or dockets, routinely made available to members of the public for
inspection or copying.
(D)
Any request for testimony or production of records must set forth a written
statement by the party seeking the testimony of production of records containing
an explanation of the nature of the testimony or records sought, the relevance of the
testimony or records sought to the legal proceedings, and the reasons why the
testimony or records sought, or the information contained therein, are not readily
available from other sources or by other means. This explanation must contain
sufficient information for the determining officer to decide whether or not federal
judicial personnel should be allowed to testify or the records should be produced.
Where the request does not contain an explanation sufficient for this purpose, the
determining officer may deny the request or may ask the requester to provide
additional information.
The request for testimony or production of records must be provided to the federal
judicial personnel from whom testimony or production of records is sought at
88
least 14 days in advance of the time by which the testimony or production of records
is to be required. Failure to meet this requirement will provide a sufficient basis
for denial of the request.
(E)
In the case of a request directed to a district judge, or magistrate judge, or directed
to a current or former member of such a judge’s personal staff, the determining
officer will be the district judge or magistrate judge.
(F)
In the case of a request directed to an employee or former employee of a Court
office, such as the office of the Clerk or the probation office, the determining officer
will be the unit executive of the particular office. The unit executive consults with
the chief judge of the district Court for determination of all proper response to a
request.
(G)
In the case of presentence reports:
(1)
In all criminal cases in which sentence is imposed, the presentence report
will be made a part of the official Court record. The original report,
including the recommendation to the Court and statement of reasons, will
be placed under seal in the record. In the event of an appeal, the report, the
recommendation, and the statement of reasons will be sent to the reviewing
Court under separate seal.
(2)
A copy of the presentence report will be made available to appellate counsel
on request, under the same terms and conditions as apply to use of the report
by counsel in the trial Court.
89
CRIMINAL RULES
90
RULE 12.1 PRETRIAL MOTIONS
A pretrial motion pursuant to Rule 12(b)(3) of the Federal Rules of Criminal Procedure
must be filed within 21 days of arraignment or such other time as may be set by the
presiding judge.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended the Rule to clarify that it applies to pretrial motions filed pursuant to Rule 12(b)(3)
of the Federal Rules of Criminal Procedure. Former section (B) was vacated as duplicative of Rule 49(b)(4)
of the Federal Rules of Criminal Procedure. Former section (C) was relocated to Criminal Local Rule
49.3(A)(5) to clarify that a signer’s certification is part of every document presented to the Court.
91
RULE 16.1 RULE FOR PRETRIAL DISCOVERY AND INSPECTION
(A)
Within 7 days after the arraignment in any criminal case, the United States Attorney
and the attorney(s) for the defendant(s) will confer, and, will comply with Federal
Rule of Criminal Procedure 16.
(B)
If, in the judgment of the United States Attorney, it would not be in the interests of
justice to make any one or more disclosures as set forth in Section (A) as requested
by counsel for the defendant(s), disclosure may be declined. A declination of any
requested disclosure must be in writing directed to counsel for defendant(s), and
signed by the Assistant United States Attorney in charge of the prosecution, and
must specify the disclosure that is declined. A defendant seeking to challenge the
declination will proceed pursuant to Section (D) below.
(C)
If additional discovery or inspection is sought, attorney(s) for the defendant(s) will
confer with the appropriate Assistant United States Attorney within 14 days of the
arraignment (or such later time as may be set by the presiding judge for the filing
of pretrial motions) with a view to satisfying those requests in a cooperative
atmosphere without recourse to the Court. The request must be in writing, and the
United States Attorney will respond in a like manner.
(D)
In the event a defendant thereafter moves for additional discovery or inspection, a
motion to compel discovery supported by a brief must be filed within 14 days of
the arraignment (or such later time as may be set by the presiding judge for the
filing of pretrial motions). It must contain:
(1)
the statement that the prescribed conference was held;
(2)
the date of the conference;
(3)
the name of the Assistant United States Attorney with whom the conference
was held; and
(4)
the statement that agreement could not be reached concerning the discovery
or inspection sought.
92
RULE 16.2 RULE FOR USE OF PRETRIAL DISCOVERY MATERIALS IN CRIMINAL
CASES
The Court abrogated Criminal Local Rule 16.2 effective September 13, 2021. Former
Rule 16.2 remains effective for pretrial discovery materials provided by the United States
Attorney’s Office on or before September 12, 2021. The previous version of this rule can
be found in Local Rules effective 10/20/2017, which is available in the Local Rules
Archive.
93
RULE 32.1 IMPLEMENTATION OF SENTENCING GUIDELINES
The following procedures are established to govern sentencing proceedings under the
Sentencing Reform Act of 1984, 18 U.S.C. §§ 3551–3559.
(A)
The sentencing hearing in each criminal case will be scheduled by the presiding
judge no earlier than 70 days following the entry of a guilty plea or a verdict of
guilty.
(B)
It is the obligation of a complaining party to seek resolution of disputed factors or
facts through opposing counsel and the assigned probation officer prior to the
sentencing hearing.
(C)
The presentence investigation report, the statement of reasons in the judgment of
conviction, and the probation officer’s sentencing recommendation will be sealed
unless otherwise directed by the presiding judge.
(D)
Unless otherwise ordered by the presiding judge, the probation officer’s
recommendation on the sentence will not be disclosed.
(E)
The presiding judge may seal any other document related to sentencing, or a party
may move to seal any such document in accordance with Criminal Local Rule
49.9(A).
Revised 04/2013
94
RULE 47.1 MOTIONS
(A)
Memorandum of Law; Response; Reply
(1) Every motion raising a question of law must include a memorandum identifying
the specific points or propositions of law and supporting authorities upon which
the moving party relies.
(B)
Documents Requiring Leave of Court
If filing a document requires leave of the Court, the filing party must attach the
proposed document as an exhibit to a motion to file. If the Court grants the motion
to file, the Clerk will file the attached document electronically.
Added 09/2024
Committee Comments:
September 19, 2024
The Committee added the Rule to permit motions, other than those filed under Rule 12(b)(3) of the
Federal Rules of Criminal Procedure, to be filed when necessary, without regard to the deadline
imposed in Criminal Local Rule 12.1(A).
95
RULE 49.2 FORMAT OF FILINGS
The Court may strike any paper which does not conform to the following format unless the
filer promptly corrects it.
(A)
Each document filed with the Court shall:
(1)
be on 8½ x 11-inch size paper;
(2)
have one-inch margins on each side, top, and bottom;
(3)
include page numbers;
(4)
be legibly written, typed, or printed, without erasures or interlineations which
materially deface it;
(5)
be signed by:
(a)
the attorney or the unrepresented defendant, which constitutes a
certificate that:
(i)
the signer has read the pleading, motion, or other document;
and
(ii) to the best of the signer’s knowledge, information, and belief
formed after reasonable inquiry, the pleading, motion, or other
document is well-grounded in fact; and
(iii) the pleading, motion, or other document is warranted by
existing law or a good faith argument for the extension,
modification, or reversal of existing law; and
(iv) that it is not presented for any improper purpose, such as to
harass, cause unnecessary delay, or needlessly increase the
cost of litigation.
(B)
Where the document is typed:
(1)
Lines shall be double spaced.
(2)
Body text shall be sized 12-point or 14-point, with footnote text no
smaller than 10-point font. All documents must be formatted in a
plain, roman style. Italics may be used for emphasis.
96
Added 9/2024
Committee Comments:
September 19, 2024
The Committee added the Rule to make formatting consisting for civil and criminal cases. See Civil LR
5.1(A)–(B). Former Criminal Local Rule 12.1(C) was relocated to subsection (A)(5) of this Rule to clarify
that a signer’s certification is part of every document presented to the Court.
97
RULE 49.3 ELIGIBILITY, REGISTRATION, AND PASSWORDS
Each attorney admitted to practice in the Central District of Illinois must register for
electronic filing and obtain a password. Pro se parties are not required to register for
electronic filing but may apply to the Court for leave to file electronically, and if granted,
must register for electronic filing and obtain a password. If a user comes to believe that the
security of an existing password has been compromised and that a threat to the System
exists, the user must change his or her password immediately. Additionally, if an
attorney’s or pro se party’s email address, mailing address, telephone number, or fax
number changes after he or she registers for electronic filing, he or she must file notice of
this change within 14 days and serve a copy of the notice on all other parties.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended the Rule to improve clarity and vacate the procedure for an attorney to request leave
to file documents conventionally. All attorneys must register through PACER to practice in this District.
98
RULE 49.4 DEFINITIONS FOR ELECTRONIC FILING
(A) “Case Management/Electronic Case Filing System,” also referred to as “the System”
or “CM/ECF,” means the Internet-based system for filing documents and maintaining
Court files in the District Court for the Central District of Illinois.
(B) “Conventional filing” means submitting a paper to the Clerk in a non-electronic,
tangible format. The Clerk will scan the paper submitted conventionally and file it
with CM/ECF.
(C) “Non-registered pro se party” means a person who is not registered to file papers
or receive notices by way of CM/ECF.
(D) “Electronic filing” means uploading a paper directly from the registered user’s
computer in Adobe PDF format, using CM/ECF, to file that paper in the Court’s
case file.
(E) The “Notice of Electronic Filing” (“NEF”) that is generated automatically by
the CM/ECF System at the time a paper is filed with the System, setting forth the
time of filing, the name of the party and attorney filing the paper, the type of paper,
the text of the docket entry, and an electronic link (hyperlink) to the filed paper,
which allows recipients to retrieve the document automatically.
(F) “PACER” (Public Access to Court Electronic Records) is the automated system that
allows an individual to view, print, and download Court docket information via the
Internet.
(G) “PDF” refers to a paper that exists in Portable Document Format. A document created
with a word processor, or a paper document that has been scanned, must first be
converted to portable document format before it can be electronically filed.
Converted files contain the extension “.pdf.”
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended sections (B), (D), (E), and (G) of the Rule to improve clarity and section (C) to
define “non-registered pro se party.”
99
RULE 49.5 SCOPE OF ELECTRONIC FILING; SERVICE
(A)
Requirements
All documents must be filed electronically using CM/ECF unless the Court or these
Rules provide otherwise.
(B)
(C)
Exceptions
(1)
All charging documents (including the complaint, information, indictment,
and superseding indictment) must be filed conventionally and uploaded by
the Clerk.
(2)
A non-registered pro se party must file documents conventionally.
(3)
Juvenile criminal matters must be filed conventionally and under seal
unless, after hearing, the Court orders the juvenile to be tried as an adult.
(4)
Any judge of this Court may deviate from the electronic filing procedures
in specific cases, if deemed appropriate in the exercise of discretion,
considering the need for the just, speedy, and inexpensive determination of
matters pending before the Court.
(5)
A document filed conventionally will be deemed filed on the date it was
delivered to the Clerk’s office.
Service
The filing party is solely responsible for determining a party’s registration status.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee amended the Rule to improve clarity.
100
RULE 49.6 ELECTRONIC FILING PROBLEMS
(A)
Corrections
Once a document is submitted and becomes part of the case docket, corrections to
the docket are made only by the Clerk’s Office. The System will not permit the
filing party to make changes to the document or docket entry filed in error once the
transaction has been accepted. The filing party should not attempt to refile a
document. As soon as possible after an error is discovered, the filing party should
contact the Clerk’s Office with the case number and document number for which
the correction is being requested. If appropriate, the Court will make an entry
indicating that the document was filed in error. The filing party will be advised if
the document needs to be refiled.
(B)
Technical Problems
(1)
Any difficulty connecting to the CM/ECF System and any other technical
failure experienced should be immediately reported to the Clerk.
(2)
An e-filer whose filing is made untimely as a result of a technical failure may
seek appropriate relief from the Court.
(3)
If the CM/ECF System is unable to accept filing continuously or
intermittently over the course of any period of time greater than one hour after
12:00 noon, filings due that day which could not be filed solely because of
such technical failure shall be due the next business day. Questions or
concerns about this extension should be directed to the Clerk.
(4)
Answers to frequently asked questions regarding electronic filing are
available on the Court’s website.
Revised 9/2024
Committee Comments:
September 19, 2024
The Committee vacated former sections (A) through (C) as duplicative or unnecessary in light of other
Criminal Local Rules or Federal Rules of Criminal Procedure and the development of electronic filing. The
Rule is retitled Electronic Filing Problems and is consistent with Civil Local Rule 5.5.
101
RULE 49.7 ATTACHMENTS AND EXHIBITS
(A)
Size Limitations
Attachments and exhibits filed electronically must conform to the size limitations
set forth on the Central District of Illinois CM/ECF login page. A courtesy copy is
not required except as otherwise ordered by the presiding judge.
(B)
Non-Trial Exhibits
A party may conventionally file exhibits that are not easily uploaded on CM/ECF
(e.g. blueprints, video, audio). If possible, however, a filing party should scan a
paper exhibit and file it electronically, in accordance with the size and scanning
limitations set forth in these Rules. A party electronically submitting evidentiary
materials to the Clerk’s Office must attach an index listing each item of evidence
then being filed and identifying the motion or pleading to which it relates.
(C)
Trial Exhibits
Trial exhibits will not be scanned into the electronic record unless specifically
ordered by the judge presiding over the matter.
Revised 09/2024
Committee Comments:
September 19, 2024
The Committee vacated the courtesy copy mandate in section (A). The presiding judge may order one when
necessary. Revised section (B) to broaden the scope of exhibits that may be filed conventionally.
102
RULE 49.8 COURT RECORD AND ORDERS
(A)
Official Court Record
The Clerk’s Office will not maintain a paper Court file except as otherwise provided
in these Rules. The official Court record is the electronic file maintained by the
Court, supplemented with any documents or exhibits conventionally filed in
accordance with these Rules.
(B)
(1)
The Clerk’s Office will retain all original indictments, petitions to enter plea
of guilty, plea agreements, and those documents requiring the signatures of
non-attorneys (such as grand jury foreperson, defendants, third-party
custodians, United States Marshals, officers from Probation, and other
federal officers and agents).
When these documents are filed
conventionally, the Clerk’s Office will scan them, upload them to the
System, and retain the original documents in conventional format or sealed
electronic format. Signatures of judiciary and justice department officials
will be redacted by the filing party and replaced with “s/ name.” Signatures
of jurors on verdict forms and of the foreperson on indictments will be
redacted by the Clerk before scanning and uploading. The electronic
document as it is maintained on the Court’s servers constitutes the official
version of that record.
(2)
Any party filing any original document conventionally (other than those
listed above) must accompany such filing with a self-addressed, postagepaid envelope. The Clerk’s Office will scan and upload the document filed
into the System and then return the conventional document to the filing
party in the self-addressed envelope. If a party fails to submit a selfaddressed, postage-paid envelope with the conventionally filed document,
the Clerk’s Office will discard the documents after they are scanned and
uploaded to the System. The electronic document as it is maintained on the
Court’s servers constitutes the official version of the document.
Orders
(1)
Judges’ Signatures
The assigned judge or the Clerk’s Office must electronically file all signed
orders. Any order signed electronically has the same force and effect as if
the judge had affixed the judge’s signature to a paper copy of the order and
it had been entered on the docket conventionally.
103
(2)
Proposed Orders
Proposed orders must be filed as attachments to motions. A filing party
moving for issuance of a writ, warrant, or summons should advise the judge
that a prompt ruling is required and submit the writ, warrant, or summons
in .pdf form with the proposed order. The presiding judge may request a
copy of the proposed order be sent in Word or Word Perfect format (i.e.,
not .pdf) to the chambers email address.
(3)
Text-Only Orders
The assigned judge may grant routine orders by a text-only entry upon the
docket. When text-only entries are made, no separate .pdf document will
issue; the text-only entry constitutes the Court’s only order on the matter.
The System will generate a “Notice of Electronic Filing.”
104
RULE 49.9 SEALED CASES, DOCUMENTS FOR IN CAMERA REVIEW, AND EX PARTE
DOCUMENTS
(A)
Filing Under Seal
(1)
Sealed Cases
All documents in sealed cases must be submitted conventionally to the Clerk
for filing.
(2)
Sealed Documents
The Court does not approve of filing of documents under seal as a general
matter. A party who has a legal basis for filing a document under seal
without prior Court order must electronically file a motion for leave to file
under seal. The motion must include an explanation of how the document
meets the legal standards for filing sealed documents. The document in
question may not be attached to the motion as an attachment but rather must
be electronically filed contemporaneously using the separate docket event
“Sealed Document.” In the rare event that the motion itself must be filed
under seal, the motion must be electronically filed using the docket event
“Sealed Motion.”
(3)
Service
Parties must not use the Court’s electronic notice facilities to serve
documents in sealed cases or individually sealed documents. A publicly
viewable Notice of Electronic Filing will be generated for a sealed
document, but the document itself will not be viewable electronically.
Service must be made in accordance with the Federal Rules of Criminal
Procedure and the Local Rules of this Court. A certificate of service must
be attached to the filed document or filed within a reasonable time after
service.
(4)
Denial of Requests to Seal
In the event that a motion for leave to file under seal is denied, the document
tendered will remain under seal, and it will not be considered by the
presiding judge for any purpose. If the filer wishes to have the document
considered by the Court, it must be re-filed in the normal fashion as an
unsealed document. The Court may, in its discretion, order a sealed
document to be made public if (1) the document is filed in disregard of legal
standards, or (2) the document is so intricately connected with a pending
matter that the interests of justice are best served by doing so.
105
(B)
Documents Submitted for In Camera Review
The Rules applicable to Sealed Documents also apply to documents submitted for
in camera review.
(C)
Ex Parte Submissions
A party who has a legal basis to file a submission without giving notice to other
parties should file the submission electronically as either an “Ex Parte Document”
or an “Ex Parte Motion.”
Revised 11/2021
106
RULE 49.10 ELECTRONIC SIGNATURES
(A)
(B)
Signatures by Electronic Filers
(1)
Use of a log-in and password for electronic filing constitutes and has the
same force and effect as the filer’s signature for purposes of Rule 11 of the
Federal Rules of Civil Procedure, the Local Rules of this Court, and any
other purpose for which a signature may be required in connection with
proceedings in this Court.
(2)
Electronic filers should sign in the following manner: “s/Jane Doe.”
Documents signed by an attorney must be filed using that attorney’s log-in
and password; they may not be filed using a log-in and password belonging
to another attorney.
(3)
Where multiple attorney signatures are required, such as on a joint motion
or a stipulation, the filing attorney may enter the “s/” of the other attorneys
to reflect their agreement with the contents of the documents.
Signatures by Non-Electronic Filers
(1)
If an original document requires the signature[s] of one or more persons not
registered for electronic filing (e.g. settlement agreement with a pro se party,
or a witness’ affidavit), the filing party or its attorney must initially confirm
that the content of the document is acceptable to all persons required to sign
the documents. Original signatures of all non-electronic filers must be
obtained before the document is filed.
(2)
The filing party must either redact the original signature[s] and e-file the
redacted version of the document, or provide the redacted version to the
Clerk’s Office for scanning and electronic filing. The filed document must
indicate the identity of each non-registered signatory in the form “s/Jane
Doe.” A certificate of service upon all parties and/or counsel of record must
be filed with the document.
(3)
The filing party must retain the original document until one year after the
date that the judgment has become final by the conclusion of direct review
or the expiration of the time for seeking such review has passed.
(4)
The electronically filed document as it is maintained on the Court’s servers
constitutes the official version of that record. The Court will not maintain a
paper copy of the original document except as otherwise provided in these
Rules.
107
(C)
Disputes Over Authenticity
Any party or non-filing signatory who disputes the authenticity of an electronically
filed document or the signatures on that document must file an objection to the
document within 14 days of receiving the notice that the document has been filed.
Revised 03/2010
108
RULE 49.11 ACCESS TO RECORDS AND PAPERS
(A)
Withdrawal
No person, other than an employee of this Court in the exercise of official duty,
may withdraw any original pleading, paper, record, model or exhibit from the
custody of the Clerk of this Court or other employee of this Court having custody
thereof, except upon written order of a judge of this Court, and upon leaving a
proper receipt with the Clerk of this Court or employee.
(B)
(C)
Public Access
(1)
Electronic access to the electronic docket and to documents filed in the
System is available for viewing to the public at no charge at the Clerk’s
Office during regular business hours. A copy fee for an electronic
reproduction is required in accordance with 28 U.S.C. § 1930. Public
remote electronic access to the System for viewing purposes is limited to
subscribers to the PACER system, which charges a user fee for remotely
accessing certain detailed case information. Conventional copies and
certified copies of electronically filed documents may be purchased by the
public at the Clerk’s Office. The fee for copying and certifying will be in
accordance with 28 U.S.C. § 1914.
(2)
An exception to the prohibition on general public remote access is possible
in a high-profile criminal case where the demand for documents may
impose extraordinary demands on the Court’s resources. The Court is
authorized to provide Internet access to documents filed in such a case if all
parties thereto consent and the trial judge finds that such access is warranted.
Conventional Copies
Conventional copies and certified copies of electronically filed documents may be
purchased by the public at the Clerk’s Office. The fee for copying and certifying
will be in accordance with 28 U.S.C. § 1914.
109
RULE 49.12 PRIVACY
(A)
Redactions
To address the privacy concerns created by Internet access to Court documents,
litigants must modify or partially redact certain personal data identifiers appearing
in case initiating documents, pleadings, affidavits, or other papers. In addition to
those set out in Rule 49.1 of the Federal Rules of Criminal Procedure, these
identifiers and the suggested modifications are as follows:
(1)
(2)
(3)
Addresses: Use only City and State;
Signatures: Use s/name; and
Driver’s License numbers: Use only last four numbers.
Litigants also should consider redacting or filing a motion to file under seal any
document that contains information that might bring harm to anyone or should not
be made public for law enforcement or security reasons.
(B)
Unredacted Documents and Reference Lists
When redactions result in a document’s intent being unclear or if ordered by the
Court, the filing party must file under seal an unredacted document or a reference
list. A reference list must contain the complete personal identifier(s) and the
redacted identifiers(s) to be used in its (their) place in the filing. If an unredacted
version is not filed, the unredacted version of the document or the reference list
must be retained by the filing party for one year after completion of the case,
including all appeals. Upon a showing that the redacted information is both relevant
and legitimately needed, the Court may, in its discretion, order the information
disclosed to counsel for all parties.
(C)
Transcript Redactions
Parties and attorneys may order transcripts. A Court reporter then will file the
transcripts electronically in CM/ECF. The transcript will be available for viewing
at the Clerk’s Office public terminal, but may not be copied nor reproduced by the
Clerk’s Office for a period of 90 days. A Notice of Filing of Official Transcript
will be served on all parties. If any material should be redacted from a transcript,
a party must file a Notice of Intent to Request Redaction within 7 days of the filing
of the transcript. The responsibility for identifying material that should be redacted,
in a transcript, lies solely with counsel and the parties. Within 21 days from the
filing of the transcript, the parties must file under seal a Motion of Requested
Redactions indicating where the material to be redacted is located, by page and line.
If a party fails to follow the procedures for requesting redaction, the official
transcripts will be made available electronically to the public 90 days after the
transcript was initially filed with the Clerk.
Revised 03/2010
110
RULE 57.2 CONFIDENTIAL PROBATION RECORDS
(A)
Any person seeking release of any confidential records maintained by the U.S.
Probation Office, including presentence and supervision records, must file a written
request with the Court for such records, which establishes with particularity the
need for specific information in the records.
(B)
Whenever a probation officer is subpoenaed to provide confidential information, he
or she will apply to the presiding judge in writing for authority to release such
information or provide testimony with regard to any confidential information. No
disclosure will be made except upon an order issued by the presiding judge.
(1)
In all criminal cases in which sentence is not imposed under the Sentencing
Reform Act of 1984, 18 U.S.C. § 3551, et seq., when the presentence report
has been requested by a reviewing Court in connection with the appeal of a
criminal conviction or sentence, the report must be sent to the reviewing
Court by the United States Probation Office by registered mail. The
presentence report must be accompanied by a written request that the report
be returned to the submitting office when it has served the Court’s purpose;
that it be opened and examined in camera only, and that it not be made a
part of the public record.
(2)
In all criminal cases in which sentence is imposed under the provisions of
the Sentencing Reform Act of 1984, 18 U.S.C. § 3551, et seq., the
presentence report must be made a part of the official Court record. The
original report, including the recommendation to the Court, must be placed
under seal in the record. In the event of an appeal, the report and
recommendation must be sent to the reviewing Court under separate seal.
(3)
A copy of the presentence report must be made available to appellate
counsel on request, under the same terms and conditions as apply to use of
the report by counsel in the trial Court.
111
RULE 57.3 APPEARANCES IN CRIMINAL CASES
No attorney may appear on behalf of a criminal defendant unless the attorney is admitted
to practice in this Court and has filed a written entry of appearance in the case.
112
RULE 58.2 FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE
Except as hereinafter provided, a person who is charged with an infraction as defined in 18
U.S.C. § 19, and which is specifically listed in a schedule published by order of this Court
pursuant to this Rule, may, in lieu of appearance, post collateral in the amount specified in
such schedule for the offense, waive appearance before a United States magistrate judge,
and consent to forfeiture of the collateral as the fixed sum payment referred to in Rule 58(d)
of the Federal Rules of Criminal Procedure.
If in the discretion of the law enforcement officer the offense is of an aggravated nature,
the law enforcement officer, notwithstanding any other provision of this Rule, may, in the
violation notice, require appearance, and any punishment established by law, including
fine, imprisonment or probation, may be imposed upon conviction. Nothing contained in
this Rule will prohibit a law enforcement officer from arresting a person for the
commission of any offense, including those for which collateral may be posted and
forfeited, and taking that person immediately before a United States magistrate judge or
requiring the person charged to appear before a United States magistrate judge, as provided
in the Federal Rules of Criminal Procedure.
113
BANKRUPTCY RULES
114
RULE 4.1
REFERENCE IN TITLE 11 CASES
All cases under Title 11, United States Code, and any or all proceedings arising under Title
11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges for
the district.
115
RULE 4.2
JURY TRIAL PROCEDURES IN BANKRUPTCY COURT
The following procedures may apply to jury trials conducted by the bankruptcy Court in
this district.
(A)
Designation of Bankruptcy Judges to Conduct Jury Trials
In bankruptcy cases filed on or after October 22, 1994, if the right to a jury trial
applies in a proceeding that may be heard by a bankruptcy judge, the bankruptcy
judges of this district are specially designated to exercise such jurisdiction, upon
the express consent of all the parties, and upon compliance with all of the terms and
conditions set forth in this Rule.
(B)
Trial by Jury
Issues triable of right by jury will, if timely demanded, be by jury, unless the parties
or their attorneys of record, by written stipulation filed with the Court or by an oral
stipulation made in open Court and entered in the record, consent to trial by the
Court sitting without a jury.
(C)
Demand
(1)
Time; Forum
Any party may demand a trial by jury of any issue triable by a jury by
serving on the other parties a demand therefor in writing not later than 14
days after service of the last pleading directed to such issue. The demand
may be endorsed on a pleading of the party. When a jury trial is demanded,
it must be designated by the Clerk in the docket as a jury matter.
(2)
Specification of Issues
In the demand, a party may specify the issues to be so tried; otherwise, the
demand will be deemed a demand for trial by jury of all the issues so triable.
If the demand for trial by jury is directed to some of the issues, any other
party, within 14 days after the service of the demand, or such lesser time as
the Court may order, may serve a demand for trial by jury of other or all of
the issues.
(3)
Determination by Court
On motion, or on its own initiative, the presiding judge may determine
whether there is a right to trial by jury of the issues for which a jury trial is
demanded or whether a demand for trial by jury will be granted.
116
(D)
Waiver and Withdrawal
The failure of a party to serve a demand as required by this Rule and to file it as
required by Federal Rule of Bankruptcy Procedure 5005, constitutes a waiver of
trial by jury. A demand for trial by jury made as herein provided may not be
withdrawn without the consent of all parties and the approval of the Court.
(E)
Trial by the Court
Issues not demanded for trial by jury will be tried by the Court.
(F)
Applicability of Certain of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure 47 through 51 will apply when a jury trial is
conducted pursuant to this Rule.
117
APPENDIX TO RULES
1.
Form of Pretrial Order - Civil
2.
Form of Pretrial Order - Prisoner
FORM OF PRE-TRIAL ORDER:
CIVIL
NOTE TO LITIGANTS: DO NOT FILL IN BLANKS ON THESE SHEETS.
USE AS A GUIDE IN DRAFTING, AS YOU WOULD A FORM BOOK.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Plaintiff
)
)
)
)
)
vs.
Defendant
CASE NO.
PRE-TRIAL ORDER
This matter having come before the Court at a pre-trial conference held pursuant to Rule
16 of the Federal Rules of Civil Procedure and Local Rule 16.1; and
having appeared as counsel for the plaintiff(s), or
the plaintiff having appeared pro se, and
having appeared as counsel for the defendant(s),
(The listing of parties must be complete and appearances must show the
individuals who were actually present.)
the following action was taken:
I.
NATURE OF ACTION AND JURISDICTION
This is an action for
invoked under
.
and the jurisdiction of the Court is
The jurisdiction of the Court is not disputed.
APPENDIX 1 - 1
II.
A.
JOINT STATEMENT
JURISDICTION
B. UNCONTESTED ISSUES OF FACT
C. CONTESTED ISSUES OF FACT
D.
CONTESTED ISSUES OF LAW
E.
JURY DEMAND
III.
A.
PLAINTIFF'S STATEMENT
ITEMIZED STATEMENT OF DAMAGES
IV. WAIVER OF CLAIMS OR DEFENSES
(OR JURY DEMAND)
(If nothing is waived, leave this section out.)
APPENDIX 1 - 2
V.
EXHIBITS ATTACHED
The following are attached as exhibits to this order and are made a part hereof:
A.
Stipulation of Uncontested facts and issues of law (signed by all
parties).
B.
Plaintiff's Witness List (for each plaintiff).
C.
Defendant's Witness List (for each defendant).
D.
Plaintiff's Exhibit List (for each plaintiff).
E.
Defendant's Exhibit List (for each defendant).
F.
Joint Exhibit List.
G.
Proposed Jury Instructions (Joint) (or Findings and Conclusions).
H.
Plaintiff's Proposed Instructions (only if objections by defendant).
I.
Defendant's Proposed Instructions (only if objections by plaintif
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