UNITED STATES DISTRICT COURT (2023)
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
LOCAL RULES
THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Honorable Nancy J. Rosenstengel
Chief District Judge
East St. Louis, Illinois
Honorable Staci M. Yandle
District Judge
Benton, Illinois
Honorable Stephen P. McGlynn
District Judge
East St. Louis, Illinois
Honorable David W. Dugan
District Judge
East St. Louis, Illinois
Honorable J. Phil Gilbert
Senior District Judge
Benton, Illinois
Honorable Reona J. Daly
Magistrate Judge
Benton, Illinois
Honorable Mark A. Beatty
Magistrate Judge
East St. Louis, Illinois
Honorable Gilbert C. Sison
Magistrate Judge
East St. Louis, Illinois
Monica A. Stump
Clerk of Court
www.ilsd.uscourts.gov
750 Missouri Avenue
East St. Louis, IL 62201
(618) 482-9371
301 West Main Street
Benton, IL 62812
(618) 439-7760
Page 2 of 66
TABLE OF CONTENTS
Contents
RULE 1.1
SCOPE OF RULES ........................................................................................................ 5
RULE 3.1
PAYMENT OF FEES AND COSTS ............................................................................ 5
RULE 5.1
SERVING AND FILING PLEADINGS AND OTHER PAPERS ............................ 6
RULE 7.1
MOTION PRACTICE ................................................................................................... 8
RULE 7.1-1
DISCLOSURE STATEMENTS ................................................................................... 10
RULE 8.1
PLEADINGS FILED BY PRISONERS ...................................................................... 11
RULE 8.2
RESPONDING TO CERTAIN PLEADINGS FILED BY
RULE 9.1
PLEADINGS IN ACTIONS FOR REVIEW OF SOCIAL SECURITY
DECISIONS ................................................................................................................. 14
RULE 15.1
DOCUMENTS THAT REQUIRE LEAVE OF COURT FOR FILING .................. 14
RULE 16.1
TRIAL DATES ............................................................................................................. 15
RULE 16.2
CIVIL PRETRIAL CONFERENCES ......................................................................... 16
RULE 16.3
ALTERNATIVE METHODS OF DISPUTE RESOLUTION .................................. 18
RULE 23.1
CLASS ACTIONS ....................................................................................................... 19
RULE 24.1
PROCEDURE FOR NOTIFICATION OF ANY CLAIM OF ................................. 20
RULE 26.1
INITIAL DISCLOSURE PRIOR TO DISCOVERY; FILING OF ............................ 20
RULE 40.1
CASE ASSIGNMENT AND TRIAL CALENDARS ............................................... 23
RULE 45.1
ISSUANCE OF SUBPOENAS TO A PRO SE PARTY IN CIVIL CASES............. 23
RULE 51.1
INSTRUCTIONS TO THE JURY .............................................................................. 24
RULE 53.1
COMMUNICATIONS WITH JURORS.................................................................... 24
RULE 54.1
ASSESSMENT OF JURY COSTS IN CIVIL CASES................................................ 24
RULE 54.2
TAXATION OF COSTS.............................................................................................. 25
RULE 56.1
SUMMARY JUDGMENT .......................................................................................... 25
RULE 72.1
ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES ................................ 27
RULE 72.2
PROCEDURES BEFORE MAGISTRATE JUDGES ................................................ 28
RULE 73.1
REVIEW AND APPEAL OF MAGISTRATE JUDGES’ ORDERS OR
RECOMMENDATIONS ............................................................................................ 29
RULE 79.1
CUSTODY AND DISPOSITION OF EXHIBITS ..................................................... 31
RULE 80.1
OFFICIAL TRANSCRIPTS ........................................................................................ 31
RULE 83.1
ADMISSION OF ATTORNEYS ................................................................................ 32
RULE 83.2
CONDUCT OF ATTORNEYS ................................................................................... 36
RULE 83.3
DISCIPLINARY ENFORCEMENT........................................................................... 37
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PRISONERS............. 13
RULE 83.4
REINSTATEMENT OF ATTORNEYS ..................................................................... 44
RULE 83.5
AUDIO-VISUAL REPRODUCTIONS OF JUDICIAL PROCEEDINGS
PROHIBITED .............................................................................................................. 46
RULE 83.6
FAIR TRIAL, FREE PRESS ........................................................................................ 46
RULE 83.7
DEATH PENALTY CASES ....................................................................................... 49
RULE 83.8
PRO BONO PROGRAM ............................................................................................ 52
RULE 83.9
ASSIGNMENT PROCEDURES ................................................................................ 54
RULE 83.10
DUTIES AND RESPONSIBILITIES OF ASSIGNED COUNSEL ......................... 55
RULE 83.11
RELIEF FROM ASSIGNMENT................................................................................. 56
RULE 83.12
DISCHARGE OF ASSIGNED COUNSEL ON REQUEST OF PARTY ................ 57
RULE 83.13
EXPENSES ................................................................................................................... 57
RULE 83.14
ATTORNEY’S FEES ................................................................................................... 58
APPENDIX A: CRIMINAL RULES ..................................................................................................... 60
Cr17.1
ISSUANCE OF DEFENSE SUBPOENAS IN A CRIMINAL CASE ..................... 60
Cr32.1
SENTENCING PROCEDURE AND PRESENTENCE REPORTS ........................ 60
Cr50.1
DISPOSITION OF CRIMINAL CASES; SPEEDY TRIAL...................................... 61
APPENDIX B: BANKRUPTCY CASES AND PROCEEDINGS ...................................................... 62
Br1001.1
MATTERS DETERMINED BY THE BANKRUPTCY JUDGES ............................ 62
Br9015.1
JURY TRIAL ................................................................................................................ 62
Br9029.1
ADOPTION OF LOCAL BANKRUPTCY RULES ................................................. 62
APPENDIX C: UNIFORM TRIAL PRACTICE AND PROCEDURES ............................................ 63
Page 4 of 66
LOCAL RULES
RULE 1.1 SCOPE OF RULES
(a)
These rules shall be known as the Local Rules of the United States District
Court for the Southern District of Illinois. Parties are encouraged to cite to
these rules as “SDIL-LR.”
(b)
These Local Rules take effect on October 30, 2023 and supersede all
previous Local Rules. These Local Rules shall apply in all civil and criminal
proceedings in the Southern District of Illinois regardless of when the case
was filed.
RULE 3.1 PAYMENT OF FEES AND COSTS
(See 28 U.S.C. §§ 1911, 1915, 2254)
(a)
Advance Payment
(1)
Any document submitted for filing for which a filing fee is required
must be accompanied by either the appropriate fee or a motion for
leave to proceed in forma pauperis in accordance with subparagraph
(b) of this Rule.
(2)
All electronic filers are required to use the Pay.gov internet payment
module in the Case Management/Electronic Case Filing (CM/ECF)
system. Payments for filing fees, pro hac vice attorney admission fees,
and notice of appeal fees must be paid by credit card over the
internet through Pay.gov. Users will be automatically directed
through the Pay.gov payment process. All parties are directed to
read and have a working knowledge of all Court policies and
procedures regarding payment and filing through CM/ECF, which
are available on the Court’s website.
(3)
Pro se parties must file a motion for permission in each case to use
the CM/ECF system and may pay by credit card, money order, or
check made payable to “Clerk, U.S. District Court.” Pro se litigants
should consult the Court’s Pro Se Litigant Guide available on the
Court’s website.
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(b)
In Forma Pauperis
(1)
A petitioner or plaintiff who wishes to seek leave to file in forma
pauperis under 28 U.S.C. § 1915 shall submit a motion and affidavit
that sets forth information to establish that they are unable to pay the
fees and costs, shall sign and verify an oath or affirmation, and shall
answer additional questions concerning their financial status as the
Court may require. A form Motion and Affidavit to Proceed in
District Court without Prepaying Fees or Costs is available in the
Forms for Prisoners section of the Court’s website or may be obtained
by sending a written request to the Clerk of Court at either the East
St. Louis or Benton address listed in Local Rule 8.1(c).
(2)
A petitioner or plaintiff in custody must also submit a certified copy
of their prison trust fund account statement for the six-month period
preceding the filing of the complaint or petition. All petitioners and
plaintiffs are under a continuing obligation to keep the Clerk of
Court and each opposing party informed of any change in their
location. This shall be done in writing and not later than 14 days after
a transfer or other change in address occurs. Failure to do so may
result in dismissal of the case or other sanctions.
(3)
A petitioner or plaintiff who seeks or has been granted leave to
proceed in forma pauperis is on notice that their financial status is
subject to review until all fee obligations under 28 U.S.C. § 1915 are
satisfied.
(4)
At the time an 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 their
attorney will be deemed to have entered into a stipulation that all
unpaid costs taxed against the applicant shall be paid from any
recovery secured in the action.
RULE 5.1 SERVING AND FILING PLEADINGS AND OTHER PAPERS
(See Fed. R. Civ. P. 5.1, 5.2, 7.1, 11; Fed. R. Crim. P. 49, 49.1)
(a)
General Format of Paper Originals Presented for Filing. All pleadings,
motions, documents, and other paper originals presented for filing by a
party proceeding pro se (who has not been authorized by the Court to use
the CM/ECF system) shall be on 8 ½” x 11” white paper of good quality, flat
and unfolded, and shall be plainly typewritten, printed, or prepared by a
clearly legible duplication process and double-spaced, except for quoted
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material. Each page shall be numbered consecutively. This Rule does not
apply to (a) exhibits submitted for filing and (b) documents filed in
removed actions prior to removal from state court.
(b)
(c)
Electronic Filing
(1)
Represented Parties: All parties represented by counsel must file
documents by electronic means that comply with procedures
established by the Court unless specifically exempted for good cause
shown. See Electronic Case Filing Rule 1.
(2)
Pro Se Parties: Pro se parties may register as a Pro Se Filing User in
CM/ECF, but they must file a motion for permission to receive Court
authorization to file electronically through CM/ECF. Pro Se Filing
User privileges are case specific; pro se filers must seek prior Court
approval in each unique case filed. For more information regarding
pro se filings via the CM/ECF system, see Electronic Case Filing Rules
1 and 2 and the Court’s Pro Se Litigant Guide available on the Court’s
website.
(3)
Filing a document electronically does not alter the filing deadline for
that document. Filing must be completed before midnight (Central
Time) to be considered timely filed that day unless a specific time is set
by the Court.
Privacy Policy
(1)
To promote electronic access to case files while also protecting
personal privacy and other legitimate interests, parties shall refrain
from including, or shall redact where inclusion is necessary,
personal identifiers from all pleadings filed with the Clerk of Court,
which includes exhibits attached thereto, unless otherwise ordered,
in accordance with Fed. R. Civ. P. 5.2 or Fed. R. Crim. P. 49.1.
(2)
The responsibility for redacting personal identifiers rests solely with
counsel and the parties. The Clerk of Court will not review each
pleading for compliance. Counsel and the parties are cautioned that
failure to redact these personal identifiers may subject them to
discipline.
(3)
In compliance with the E-Government Act of 2002, a party wishing
to file a document containing personal data identifiers must file a
redacted version in the public file (file electronically for CM/ECF
cases or manually for non-CM/ECF cases). In addition to the public
filing, a party may, but is not required to, file any personal data
Page 7 of 66
identifiers through either (a) a reference list under seal or (b) an
unredacted version of the document under seal.
When a party finds it necessary to file the unredacted information
under seal, the Court prefers a reference list to the filing of a
complete document. The reference list shall contain the complete
personal identifier(s) and the redacted identifier(s) used in its (their)
place in the filing. All references in the case to the redacted identifiers
included in the reference list will be construed to refer to the
corresponding complete personal data identifier. The reference list
must be filed under seal and may be amended as of right. Parties
are responsible for maintaining possession of original, unredacted
documents and information redacted from publicly filed
documents. Upon request, counsel may be required to furnish the
unredacted information.
(4)
As required by Seventh Circuit Operating Procedure 10, except to
the extent portions of the record are required to be sealed by statute
(e.g., 18 U.S.C. § 3509(d)) or a rule of procedure (e.g., Fed. R. Crim.
P. 6(e), Circuit Rule 26.1(b)), every document filed in the appellate
court is in the public record, regardless of whether the same
document was sealed in this Court. Documents sealed in this Court
will be maintained under seal in the appellate court for 14 days, to
afford time for a party to request approval under Circuit Procedure
10(a).
RULE 7.1 MOTION PRACTICE
(See Fed. R. Civ. P. 7, 56, 78; Fed. R. Crim. P. 12)
NOTE: The requirements for motions in class actions are in SDIL-LR 23.1.
To the extent anything in this Local Rule conflicts with SDIL-LR 23.1,
SDIL-LR 23.1 takes priority.
(a)
Form and Content
(1)
A motion shall state its grounds with particularity and shall set forth
the relief sought.
(2)
All briefs shall contain a short, concise statement of the party’s
position, together with citations to relevant legal authority and to
the record. Allegations of fact not supported by citation may not, in
the Court’s discretion, be considered.
(3)
Except for a brief filed in response to a habeas petition, and unless
Page 8 of 66
otherwise authorized by the Court, no brief shall be submitted
which is longer than 20 double-spaced typewritten pages in 12point font. All page limits stated in these Local Rules are exclusive
of cover pages, tables of content, tables of authority, signature
pages, certificates of service, exhibits, and Statements of Material
Facts, Responses to Statements of Material Facts, Statements of
Additional Material Facts, or Replies to Statements of Additional
Material Facts (see SDIL-LR 56.1(e)).
(b)
(4)
Reply briefs are not favored, shall not exceed five pages, and
should be filed only in exceptional circumstances. Under no
circumstances will sur-reply briefs be accepted. The parties are
directed to review the individual case management procedures of
each presiding judge as they may relate to the filing of replies.
(5)
In civil cases, failure to file a timely response to a non-dispositive
motion may be deemed consent to the relief as requested.
(6)
Where a change in law or facts has occurred after the filing of a
pleading, a party may seek leave to file a supplemental pleading.
The motion for leave shall not exceed two pages, shall refer to the
specific pages of the pleading it seeks to address or supplement,
and shall attach as exhibits any relevant authority or evidence it
seeks to supplement. The Court, in its discretion, will set forth page
and time limitations for any supplemental pleading and for any
responsive pleadings that it deems necessary.
Deadlines
(1)
Civil motions to remand, to dismiss, for judgment on the pleadings,
for summary judgment, to exclude expert witness testimony, and
all post-trial motions shall be supported by a brief. The motion and
brief may be combined into a single submission.
(A)
An adverse party shall have 30 days after service of a motion
listed above to file a response.
(B)
Reply briefs, if any, shall be filed within 14 days of the
service of a response.
(C)
All civil motions to dismiss, for judgment on the pleadings,
and for summary judgment must be filed no later than 100
days before the trial date or, if no trial date has been set,
before the first day of the presumptive trial month.
Page 9 of 66
(2)
(3)
(c)
For all civil motions, other than those listed in subsection (b)(1)
above, a supporting brief is not required.
(A)
A party opposing a motion not listed in subsection (b)(1)
shall have 14 days after service of the motion to file a written
response.
(B)
A reply, if any, shall be filed within 7 days of the service of
the response.
All criminal motions shall be filed in accordance with Orders of the
Court entered at or after a defendant’s arraignment.
Oral Argument
(1)
A party may not schedule or notice a hearing for oral argument on a
pending motion. Any party desiring oral argument on a motion
shall file a formal motion and state the reason why oral argument
is requested. Additionally, the parties are directed to review the
individual case management procedures of each presiding judge as
they may relate to oral argument on motions and encourage
opportunities for courtroom advocacy. Any motion may be:
(A)
scheduled by the Court for oral argument at a specified time;
(B)
scheduled for determination by telephone conference call or
other remote means;
(C)
referred to a United States Magistrate
determination or recommendation; or
(D)
determined upon the pleadings and the motion papers
without oral argument.
Judge
for
RULE 7.1-1 DISCLOSURE STATEMENTS
(a)
Who Must File; Contents
(1)
Nongovernmental Corporations. Under Fed. R. Civ. P. 7.1(a)(1), a
“nongovernmental corporate party” or a “nongovernmental
corporation that seeks to intervene” is defined under this Rule to
include any nongovernmental entity that is not an individual,
including, but not limited to, a corporation, limited liability
Page 10 of 66
company, sole proprietorship, partnership, firm, joint venture, trust,
or similar entity.
(A)
(2)
(b)
Contents. The disclosure statement of a nongovernmental
corporate party or a nongovernmental corporation that seeks
to intervene must identify any parent corporation, publicly
held corporation, affiliated corporation, limited liability
company, partnership, firm, joint venture, trust or other
entity, or any individual owning 10% or more of the stock or
10% or more ownership interest in the nongovernmental
corporate party or nongovernmental corporate party seeking
to intervene, or state that there is no such entity or individual.
Parties or Intervenors in a Diversity Case. Unless otherwise ordered,
in an action based on diversity under 28 U.S.C. § 1332(a), all parties
or intervenors, whether governmental, corporate, or individual,
must file a disclosure statement in compliance with Fed. R. Civ. P.
7.1(a)(2).
Time to File; Continuing Obligation to Supplement
(1)
A party or intervenor must:
(A)
file a disclosure statement as required by Fed. R. Civ. P.
7.1(a)(1) and/or (a)(2) with its first appearance, pleading,
petition, application, motion, notice, response, or other
request addressed to the Court; and
(B)
promptly file a supplemental disclosure statement that
identifies (i) any change of ownership of a nongovernmental
corporate party or intervenor that results in a previously
undisclosed entity or individual owning 10% or more of its
stock or having 10% or more ownership interest, and/or (ii)
any change of citizenship of an individual or entity whose
citizenship is attributed to a party or intervenor.
RULE 8.1 PLEADINGS FILED BY PRISONERS
(See 28 U.S.C. § 1331; 28 U.S.C. § 2671-2680; 42 U.S.C. § 1983; 28 U.S.C. §§
1915, 2241, 2254, 2255; Fed. R. Civ. P. 1-15; Rules Governing Section 2254
Cases in the United States District Courts; Rules Governing Section 2255
Page 11 of 66
Cases in the United States District Courts)
(a)
Forms Available
(1)
(2)
Civil Complaints and Habeas Corpus Pleadings
(A)
Prisoners who wish to file a civil complaint under 42 U.S.C. §
1983, a Bivens action under 28 U.S.C. § 1331, a Federal Tort
Claims Act action under 28 U.S.C. §§ 2671-2680, an
application for writ of habeas corpus under 28 U.S.C. § 2241,
a petition under 28 U.S.C. § 2254, or a motion under 28 U.S.C.
§ 2255 may obtain forms and instructions by sending a
written request to the Clerk of Court or accessing the forms
on the Court’s website.
(B)
Prisoners who wish to file a civil complaint are referred to
the Federal Rules of Civil Procedure generally and, in
particular, Rules 1 through 15.
(C)
Prisoners who wish to file a petition under 28 U.S.C. § 2254
or a motion under 28 U.S.C. § 2255 are referred to the Rules
Governing Section 2254 Cases in the United States District
Courts and the Rules Governing Section 2255 Cases in the
United States District Courts, respectively. The Court
strongly urges plaintiffs to use the Court’s form available on
the Court’s website or through a written request to the Clerk
of Court.
(D)
Any pleading challenging the constitutionality of a federal
or state statute must be accompanied by a notice of the
constitutional question and otherwise comply with Fed. R.
Civ. P. 5.1 and SDIL-LR 24.1.
In Forma Pauperis
(A)
Prisoners who wish to proceed in forma pauperis – without
prepayment of fees – may obtain forms and instructions by
sending a written request to the Clerk of Court or by
accessing the forms on the Court’s website. For further
information regarding in forma pauperis status, see 28 U.S.C. §
1915 and SDIL-LR 3.1.
(B)
Unless already included in the complaint or petition, any
prisoner seeking to proceed in forma pauperis must provide a
complete list of all lawsuits the prisoner has filed in state or
Page 12 of 66
federal court while serving a term of imprisonment,
including previous terms of imprisonment. Failure to do so
may result in sanctions, including, but not limited to,
dismissal of the action.
(b)
General Pleading Requirements
(1)
(c)
A complaint, petition, or motion filed by a prisoner shall be in
writing (typed or legibly written) and signed. If using the Court’s
pleading forms, attach extra pages as necessary, rather than using
smaller print or writing in the margins. A defective or illegible
pleading may be stricken or returned.
Court Addresses
(1)
Clerk of Court
750 Missouri Avenue
East St. Louis, Illinois 62201
(618) 482-9371
(2)
Clerk of Court
301 West Main Street
Benton, Illinois 62812
(618) 439-7760
(3)
https://www.ilsd.uscourts.gov/
RULE 8.2 RESPONDING TO CERTAIN PLEADINGS FILED BY
PRISONERS
(See Fed. R. Civ. P. 12, 55; 28 U.S.C. §§ 1915(e)(2),
1915A; 42 U.S.C. § 1997e(g))
(a)
In any civil rights or Federal Tort Claims Act action filed by a prisoner, as
defined by 28 U.S.C. § 1915(h), a former prisoner, or civil detainee, where
the complaint has survived preliminary review pursuant to 28 U.S.C. §§
1915(e)(2) or 1915A through a Merit Review Order, unless otherwise
ordered by the Court, the defendant(s) shall timely file an appropriate
responsive pleading and shall not waive the filing of a responsive pleading
under 42 U.S.C. § 1997e(g).
(b)
The answer and subsequent pleadings will be to the issues as stated in the
Merit Review Order. Defendant(s) need not parse the complaint and
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respond to it unless: (1) the Court indicates a Merit Review Order will not
be entered or (2) the complaint was filed by an attorney.
RULE 9.1 PLEADINGS IN ACTIONS FOR REVIEW OF SOCIAL
SECURITY DECISIONS
(See Fed. R. Civ. P. 8, 9; 42 U.S.C. § 405(g))
(a)
Unless otherwise ordered by the Court, the procedures and deadlines
provided in the “Supplemental Rules for Social Security Actions Under 42
U.S.C. § 405(g)” shall be followed in all proceedings seeking review of a
final decision of the Commissioner of the Social Security Administration.
(b)
Consistent with Supplemental Rule 3, service upon the Commissioner of
the Social Security Administration and the United States Attorney’s Office
shall be accomplished via a Notice of Electronic Filing using the CM/ECF
system. No separate summonses shall issue.
(c)
There will be no oral argument in cases that fall within the scope of this
Local Rule unless otherwise ordered by the Court.
RULE 15.1 DOCUMENTS THAT REQUIRE LEAVE OF COURT FOR
FILING
(See Fed. R. Civ. P. 15)
(a)
(b)
Submission
(1)
Any document that requires leave of the Court for filing must be
filed on the docket as an exhibit to the motion requesting leave.
(2)
The Court may request that any such document be submitted via
email in Microsoft Word format to the chambers email address as
listed on the Court’s website.
(3)
Should the Court grant leave to file the document, it is the requesting
party’s responsibility to file the document as a separate docket entry
for it to be considered a part of the record and given full effect, within
whatever timeframe the Court deems appropriate. The Clerk’s
Office will not file the document for the party.
Amendment
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(1)
Amendment by interlineation is not permitted. An amended
pleading must contain all claims against all parties, as if starting
anew.
(2)
All new or amended material in a proposed amended pleading must
be underlined or submitted in redlined form. It is sufficient to simply
underline the names of new parties the first place they appear in
amended pleadings. Similarly, when new claims or defenses are
raised by an amendment, it is sufficient that the number of the
designated count or paragraph identifying the amendment be
underlined. Minor spelling and stylistic changes need not be
underlined. If leave is granted, a clean version of the operative
pleading must be filed on the docket. This provision does not apply
to appointed counsel appearing on behalf of a previously
unrepresented party.
(3)
Unless otherwise ordered by the Court, whenever an amended
pleading is filed, any motion attacking the original pleading will be
deemed moot.
RULE 16.1 TRIAL DATES
(See 28 U.S.C. § 473(a)(2)(B) and Appendix A, Fed. R. Crim. P. 50; 18 U.S.C.
§§ 3161 et seq., 5036, 5037)
(a)
Presumptive Civil Trial Date
After the first appearance of a defendant or default date, whichever occurs
first, the judicial officer to whom a case is assigned for trial will, in their
discretion, assign a presumptive trial date (month, week, or day) to the case
based on the following tracks of cases:
Track “A” The presumptive trial date will be set between 8-10 months after
the first appearance of a defendant or default date, whichever occurs first.
Track “A” shall include all cases exempt from the requirements of pretrial
and settlement conferences by SDIL-LR 26.1. Prisoner habeas corpus
petitions and any administrative review cases (i.e., social security) are not
included in Track “A” assignments.
Track “B” The presumptive trial date will be set between 11-14 months after
the first appearance of a defendant or default date, whichever occurs first.
(Examples are simple tort and contract cases.)
Track “C” The presumptive trial date will be set between 15-18 months
Page 15 of 66
after the first appearance of a defendant or default date, whichever occurs
first. (Examples are multi-party or complex issue cases, including products
liability, malpractice, antitrust, and patent cases.)
Track “D” The presumptive trial date will be set between 19-24 months
after the first appearance of a defendant or default date, whichever occurs
first. (Only proposed class actions will be assigned to Track “D.”)
The presumptive trial date will be communicated to the parties and, for
cases assigned to Tracks “B,” “C,” and “D,” shall be set forth in the notice
to the parties of the date set for the initial pretrial and scheduling conference
pursuant to Fed. R. Civ. P. 26(f) and will be incorporated into the initial
pretrial scheduling and discovery order.
(b)
Firm Civil Trial Date
On or before the presumptive trial date of a case assigned to Track “A,” the
judicial officer to whom the case is assigned shall set a firm trial date, and
the parties shall be informed of this date. For cases in Tracks “B,” “C,” and
“D,” a firm trial date (week or day) shall be set at or before the final pretrial
conference and incorporated into the final pretrial order (when required by
the presiding judge).
(c)
Continuances After Firm Civil Trial Date is Set
When the unanticipated length of a civil trial, an emergency, or an
unanticipated situation prevents the judicial officer to whom the case is
assigned for trial from adhering to the firm trial date, the case will be given
priority for trial during the next month or given an accelerated trial date.
(d)
Parties Informed of Case Status
The Court will, from time to time, keep the attorneys/parties apprised of
the trial date status of a case.
(e)
Trial Dates in Criminal Cases
Trial dates in criminal cases are addressed in the District’s “Plan for Prompt
Disposition of Criminal Cases,” available on the Court’s website. See also
SDIL-LR Appendix A, Cr50.1.
RULE 16.2 CIVIL PRETRIAL CONFERENCES
(See Fed. R. Civ. P. 16, 26)
Page 16 of 66
NOTE: The requirements for the scheduling and discovery report and
pretrial conference in class actions are located in SDIL-LR 23.1. To the
extent anything in this Local Rule conflicts with SDIL-LR 23.1, SDILLR 23.1 takes priority.
(a)
Initial Conference of the Parties; Submission of Report
At least 21 days before any scheduling conference set by the Court, the
attorneys (and any unrepresented parties) must confer in accordance with
Fed. R. Civ. P. 26(f). Within 14 days after conferring, and at least 7 days
before the date of the scheduling conference, a jointly prepared report
must be submitted to the judge before whom the conference is set. See
Form: Joint Report of the Parties and Proposed Scheduling and Discovery
Order. The filing of motions will not eliminate the duty to comply with this
Local Rule.
(b)
Final Pretrial Conference
(1)
Except in those cases listed in Fed. R. Civ. P. 26(a)(1)(B), a final
pretrial conference will be held before the judicial officer assigned
to try the case not less than 7 days prior to the presumptive trial
date. The parties shall confer and jointly submit a signed proposed
final pretrial order 3 business days before the date of the final
pretrial conference unless otherwise directed by the Court. The
parties are encouraged to review the case management procedures
for each judge as outlined on the Court’s website.
(2)
Lead trial counsel for each party with authority to bind the party
shall be present at this conference.
(3)
Unless stated otherwise in the presiding judge’s case management
procedures, the following issues shall be discussed at the final
pretrial conference and shall be included in the final pretrial order:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(I)
(J)
the firm trial date (see SDIL-LR 16.1(b));
stipulated and uncontroverted facts;
list of issues to be tried;
disclosure of all witnesses;
listing and exchange of copies of all exhibits;
pretrial rulings, where possible, on objections to evidence;
disposition of all outstanding motions;
elimination of unnecessary or redundant proof, including
limitations on expert witnesses;
itemized statements of all damages by all parties;
bifurcation of the trial;
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(K)
(L)
(M)
(N)
(4)
limits on the length of trial;
jury selection issues;
any issue which may facilitate and expedite the trial, for
example, the feasibility of presenting testimony by a
summary written statement; and
the date when proposed jury instructions shall be submitted
to the Court and opposing counsel, which, unless otherwise
ordered, shall be the first day of the trial.
Trial briefs on any difficult, controverted factual or legal issue,
including anticipated objections to evidence, shall be submitted to
the Court at or before the final pretrial conference when possible.
RULE 16.3 ALTERNATIVE METHODS OF DISPUTE RESOLUTION
(See 28 U.S.C. § 651, et seq.)
(a)
Mandatory Mediation Program
The Court adopted a Mandatory Mediation Plan (“Plan”) by way of
Administrative Order. Pursuant to the Plan, all non-exempt civil cases are
automatically referred into the Court’s Mandatory Mediation Program. The
Plan, a list of Court-approved mediators, and additional mediation
materials are available on the Court’s website.
(b)
Judicial Settlement Conference
(1)
The Court may, sua sponte or upon motion of any party, set a
judicial settlement conference at any time during the litigation.
Absent exceptional circumstances, judicial settlement conferences
will not be set in cases that have been referred into the Court’s
Mandatory Mediation Program.
(2)
Unless otherwise ordered by the Court, in addition to the lead
counsel for each party, a representative of each party or the party’s
insurance company with authority to bind that party for settlement
purposes shall be present.
(3)
The notice of the settlement conference shall set forth the format of
the conference, any requirement for information that must be
submitted to the presiding judicial officer prior to the conference,
and the types of documents or other information that must be
brought to the conference.
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(4)
(c)
The statements or other communications made by any of the parties
or their representatives in connection with the settlement
conference shall remain confidential and shall not be admissible or
used in any fashion in the trial of the case or any related case.
Other Methods of Dispute Resolution
The Court may, in its discretion, set any civil case for summary jury trial or
other alternative method of dispute resolution which the Court may deem
proper.
RULE 23.1 CLASS ACTIONS
(See Fed. R. Civ. P. 23)
(a)
Scheduling and Discovery Conference
Proposed class actions pose complex scheduling and discovery issues that
are not addressed by the standard “Joint Report of the Parties and Proposed
Scheduling and Discovery Order.” Accordingly, an initial scheduling and
discovery conference with counsel for all parties may be set by the Court
consistent with SDIL-LR 16.2.
The purpose of the scheduling and discovery conference is for the presiding
judge to identify the length and scope of discovery necessary for the fair
and expeditious determination of whether the case can proceed as a class
action. Discovery prior to class certification must be sufficient to permit the
Court to determine whether the requirements of Fed. R. Civ. P. 23 are
satisfied, including a preliminary inquiry into the merits of the case to
ensure appropriate management of the case as a class action. To ensure that
a class certification decision is issued as soon as practicable, however,
priority shall be given to discovery on class certification issues.
After the scheduling conference, the presiding judge shall enter the
appropriate scheduling and discovery order in light of these concerns.
Either party may move to have a second scheduling and discovery order
entered after resolution of the motion for class certification.
(b)
Joint Report
Seven days prior to any scheduling and discovery conference set by the
Court, the parties shall submit a Joint Report of the Parties and Proposed
Scheduling and Discovery Order (Class Action) consistent with the model
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found in the Forms section of the Court’s website. In the event the parties
are unable to agree on a joint scheduling and discovery plan, the parties
should each submit their Proposed Scheduling and Discovery Order, and a
memorandum in support of said order addressing the issues in dispute, 7
days prior to the scheduling and discovery conference. The presiding judge
may adopt a Joint Report or issue a Scheduling and Discovery Order in lieu
of proceeding with the scheduling and discovery conference.
(c)
Motion Practice
The timetable for responding to a motion for class certification shall be
established in the Joint Report or Scheduling and Discovery Order issued
by the Court.
RULE 24.1 PROCEDURE FOR NOTIFICATION OF ANY CLAIM OF
UNCONSTITUTIONALITY OF FEDERAL OR STATE STATUTE
(a)
(See Fed. R. Civ. P. 5.1)
In any action, suit, or proceeding in which a party is required to file a notice
of constitutional question under Fed. R. Civ. P. 5.1, the party raising the
constitutional question shall also notify the Court of the existence of the
question either by checking the appropriate box on the Civil Cover Sheet or
by stating on the pleading, immediately following the title of that pleading,
“Claim of Unconstitutionality” or the equivalent.
(b)
If a federal statute is challenged, the party filing the notice of constitutional
question must also serve the notice upon the United States Attorney for the
Southern District of Illinois, either by certified or registered mail, in
addition to the service requirements of Fed. R. Civ. P. 5.1.
(c)
Failure to comply with this Local Rule will not be grounds for waiving the
constitutional issue or for waiving any other rights the party may have. Any
notice provided under this Rule will not serve as a substitute for any
requirement set forth in the Federal Rules of Civil Procedure, the Federal
Rules of Criminal Procedure, or any federal statute.
RULE 26.1 INITIAL DISCLOSURE PRIOR TO DISCOVERY; FILING OF
DISCLOSURE AND DISCOVERY; COOPERATIVE
DISCOVERY; DISCOVERY DISPUTES; FORM OF WRITTEN
DISCOVERY
(See 28 U.S.C. § 473(a)(4)-(5); Fed. R. Civ. P. 5, 26, 30, 31, 33, 34,
36, 37; Fed. R. Crim. P. 12, 16)
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(a)
Implementation of Fed. R. Civ. P. 26
Fed. R. Civ. P. 26 shall control the initial stages of disclosure and discovery
in all civil cases except for the categories of proceedings specified in Fed. R.
Civ. P. 26(a)(1)(B).
In addition to the categories expressly listed in Fed. R. Civ. P. 26(a)(1)(B),
the following categories are also construed as exempt:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
prisoner civil rights cases;
cases brought by the United States for collection on defaults of
government loans and all mortgage foreclosure default loans;
land condemnation cases;
cases brought by the United States for condemnation or forfeiture
against vehicles, airplanes, vessels, contaminated foods, drugs,
cosmetics, and the like;
IRS enforcement actions;
Freedom of Information Act cases;
suits to quash subpoenas; and
proceedings filed as civil actions for admission to citizenship or to
cancel or revoke citizenship.
The judicial officer to whom the case is assigned for trial may order an
initial conference, a final pretrial conference, or a settlement conference in
a case falling in one of the excluded categories if the judicial officer
determines that the complexity of the case or some unusual factor warrants
more extensive pretrial case management than is usually necessary for that
type of case.
(b)
Filing of Disclosure and Discovery
(1)
Interrogatories under Fed. R. Civ. P. 33 and the objections and
answers thereto, requests for production or inspection under Fed. R.
Civ. P. 34 and the objections and responses thereto, Requests for
Admissions under Fed. R. Civ. P. 36 and the objections and
responses thereto, and deposition notices under Fed. R. Civ. P. 30
and 31 shall be served upon other counsel or parties but shall not be
filed with the Clerk of Court. The party responsible for service of the
discovery material shall retain the original and become the custodian
thereof. Certificates of service for these materials should not be filed
on the docket.
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(c)
(d)
Cooperative Discovery Arrangements; Discovery Disputes
(1)
Cooperative discovery arrangements in the interest of reducing
delay and expense are mandated. The parties are strongly
encouraged to resolve discovery disputes informally.
(2)
The parties must make good faith efforts to timely meet and confer
on any discovery dispute before filing a motion with the Court.
(3)
To curtail undue delay and expense in the administration of justice,
this Court shall hereafter refuse to hear any and all motions for
discovery and production of documents under Rules 26 through 37
of the Federal Rules of Civil Procedure, unless the motion includes a
certification that: (1) after consultation in person or by telephone or
videoconference and good faith attempts to resolve differences, they
are unable to reach an accord, or (2) counsel’s attempts to engage in
such consultation were unsuccessful due to no fault of counsel’s.
Where the consultation occurred, this statement shall recite, in
addition, the date, time, and place of such conference, and the names
of all parties participating therein. Where counsel was unsuccessful
in engaging in such consultation, the statement shall recite the efforts
made by counsel to engage in consultation. This provision does not
apply to pro se prisoner cases.
(4)
Any discovery motion filed pursuant to Fed. R. Civ. P. 26 through 37
shall have attached to it or the accompanying memorandum a copy
of the actual discovery documents that are the subject of the motion
or, in the alternative, set out in the memorandum a verbatim
recitation of each interrogatory, request, answer, response, and/or
objection that is the subject of the motion.
(5)
The parties are further directed to review the presiding judge’s case
management procedures for any additional requirements.
Form of Written Discovery
(1)
Written discovery pursuant to Fed. R. Civ. P. 33, 34, and 36 shall be
served on the responsive party in Microsoft Word format. Pro se civil
litigants who are incarcerated may serve such written discovery on
the responsive party in a typewritten or legibly printed hard copy
format.
(2)
Any response or objection to discovery served pursuant to Fed. R.
Civ. P. 33, 34, and 36 shall be typewritten or printed legibly and must
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set forth in full the interrogatory or request being answered or
objected to immediately preceding the answer or objection.
(e)
Discovery in Criminal Cases
(1)
Parties in criminal cases shall comply with the Standard Order for
Pretrial Discovery and Inspection.
RULE 40.1 CASE ASSIGNMENT AND TRIAL CALENDARS
(See Fed. R. Civ. P. 40, 79)
(a)
Civil cases are randomly assigned to a District Judge or Magistrate Judge
pursuant to Administrative Order as from time to time amended by the
Court. Any action taken to avoid the random assignment will subject that
party and that party’s attorney(s) to the full disciplinary power and
sanctions of this Court.
(b)
Criminal cases are randomly assigned to a District Judge by separate
Benton and East St. Louis dockets.
RULE 45.1 ISSUANCE OF SUBPOENAS TO A PRO SE PARTY IN CIVIL
CASES
(See Fed. R. Civ. P. 45)
(a)
The Clerk of Court shall issue subpoenas to a pro se party only upon Order
of the Court. Thus, in a civil case, if a pro se party requests the issuance of
subpoenas, the Clerk’s Office will provide the pro se party blank, unsigned
subpoena forms.
(b)
The pro se party must then complete the forms and file a motion with the
presiding judge for an Order authorizing the issuance of the requested
subpoenas for specific witnesses or documents. The completed forms shall
be attached to the motion for the Court’s review and approval. The motion
must address the relevancy of the subject persons or documents of the
requested subpoena to the claims or defenses at issue. A pro se party must
pay all applicable fees associated with the subpoena, even if the pro se party
has been granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(d).
Pro se parties should review Fed. R. Civ. P. 45 in its entirety.
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RULE 51.1 INSTRUCTIONS TO THE JURY
(See Fed. R. Civ. P. 49, 51; Fed. R. Crim. P. 30)
(a)
In both civil and criminal cases, an electronic version of a party’s proposed
jury instructions should be submitted by email to the presiding judge in
Microsoft Word format. The parties are directed to review the procedures
for each judge as outlined on the Court’s website.
(b)
The parties are encouraged to review and propose applicable Pattern Jury
Instructions as approved by the Seventh Circuit Court of Appeals. See
https://www.ca7.uscourts.gov/pattern-jury-instructions/patternjury.htm.
RULE 53.1 COMMUNICATIONS WITH JURORS
(a)
Before and during trial, no attorney, party, or representative of either shall
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 question a juror after the
verdict has been returned without prior approval of the presiding judge.
Approval of the presiding judge shall 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 questioning. If a post-verdict questioning
of one or more of the members of the jury is approved, the scope of the
questioning and other appropriate limitations upon the questioning will be
determined by the presiding judge prior to the questioning.
RULE 54.1 ASSESSMENT OF JURY COSTS IN CIVIL CASES
(a)
Whenever a civil case which has been set for jury trial is disposed of or
settled by the parties, counsel shall immediately inform the chambers of the
judge before whom the case is pending. When possible, notice of settlement
shall be provided no later than 3:00 p.m. central time on the last full court
business day before the date the trial is scheduled.
(b)
If for any reason attributable to counsel or the parties, including settlement,
disposition of the matter, or a continuance, the Court is unable to commence
a jury trial as scheduled, and a panel of prospective jurors has reported for
service, or a selected jury has reported to hear the case, all costs incurred
with respect to the jury, including per diem and mileage, may be assessed by
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the Court against all parties equally or against one or more of the parties, if
it appears that the party was, or the parties were, responsible for the failure
to notify the Court as required, or otherwise caused the Court’s inability to
proceed.
(c)
All money collected as a result of any assessment under this Local Rule shall
be paid to the Clerk of Court, who shall promptly remit said money to the
Treasury of the United States of America.
RULE 54.2 TAXATION OF COSTS
(See 28 U.S.C. §§ 1914, 1920, 2412,1828; Fed. R. Civ. P. 54(d))
(a)
Not all trial expenses are taxable as costs. Only those items authorized by
law may be taxed as costs. Costs shall be taxed in accordance with Fed. R.
Civ. P. 54(d) and 28 U.S.C. § 1920.
(b)
Fed. R. Civ. P. 54(d)(1) provides that costs (other than attorney's fees)
should be allowed to the prevailing party, unless a federal statute, rule, or
court order otherwise directs. Rule 54(d)(1) further provides that such costs
may be taxed by the Clerk of Court “on 14 days’ notice.” Opposing counsel
will be allowed 14 days (from the date notice is given by the Clerk) in which
to file any objections. If no objections are filed within the 14-day period, the
Clerk of Court will tax the appropriate costs. If objections are timely filed,
the matter will be reviewed and resolved by the presiding judge. A Bill of
Costs form is available on the Court’s website.
(c)
Unless separately authorized by federal statute, a request for costs must be
filed no later than 30 days after the entry of judgment.
(d)
Fees and costs allowable under the Pro Bono Program are governed by
SDIL-LR 83.13-83.14.
RULE 56.1 SUMMARY JUDGMENT
(See Fed. R. Civ. P. 56)
(a)
Briefs in support of a motion for summary judgment must contain a
Statement of Material Facts which sets forth each relevant, material fact in
a separately numbered paragraph. A material fact is one that bears directly
on a legal issue raised in the motion. Each paragraph must contain specific
citation(s) to the record, including page number(s).
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(b)
Briefs in opposition to a motion for summary judgment must contain a
Response to Statement of Material Facts. The response shall contain
corresponding paragraphs to the Statement of Material Facts that state
whether the fact is: (1) admitted; (2) disputed; (3) admitted in part and
disputed in part (specifying which part is admitted and which part is
disputed); or (4) not supported by the record citation. The disputed facts,
or parts of facts, shall contain specific citation(s) to the record, including
page number(s), upon which the opposing party relies, where available.
(c)
An opposing party may provide a Statement of Additional Material Facts
in its opposition brief which sets forth any additional material facts in
separately numbered paragraphs. The Statement of Additional Material
Facts must contain specific citation(s) to the record, including page
number(s).
(d)
The moving party may file a Reply to Statement of Additional Material
Facts. The reply shall contain corresponding paragraphs to the Statement
of Additional Material Facts that state whether the fact is: (1) admitted; (2)
disputed; (3) admitted in part and disputed in part (specifying which part
is admitted and which part is disputed); or (4) not supported by the record
citation. The disputed facts, or parts of facts, shall contain specific citation(s)
to the record, including page number(s), upon which the moving party
relies, where available. The reply may contain additional argument
(limited to five pages), see SDIL-LR 7.1(a)(4), but should not contain any
rebuttal to the movant’s initial Statement of Material Facts.
(e)
Briefs in support of or in opposition to a Motion for Summary Judgment
shall not exceed 20 pages, exclusive of all documents listed in SDIL-LR
7.1(a)(3) and any Statement of Material Facts, Response to Statement of
Material Facts, Statement of Additional Material Facts, or Reply to
Statement of Additional Material Facts.
(f)
The Court will disregard any asserted fact that is not supported with a
citation to the record, unless the factual basis for the assertion is clearly
identifiable from the parties’ related citations or permissible inference.
(g)
All material facts set forth in a Statement of Material Facts or a Statement of
Additional Material Facts shall be deemed admitted for purposes of
summary judgment unless specifically disputed.
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(h)
The Court may strike any motion or response that does not comply with
this Local Rule.
(i)
The Court disfavors collateral motions—such as motions to strike—in the
summary judgment process. Any dispute over the admissibility or effect of
evidence must be raised through an objection within a party’s brief.
(j)
This Local Rule applies equally to represented and pro se parties. Motions
for summary judgment served on pro se parties must be accompanied by a
certification that notice of the consequences for failing to respond to a
motion for summary judgment has been served on the pro se party as
required by Timms v. Frank, 953 F.2d 281 (7th Cir. 1992); Lewis v. Faulkner,
689 F.2d 100 (7th Cir. 1982).
(k)
This Local Rule shall not apply to cases that involve the review of an
administrative record including, but not limited to, cases brought pursuant
to the Social Security Act or the Freedom of Information Act.
RULE 72.1 ASSIGNMENT OF MATTERS TO MAGISTRATE JUDGES
(See 28 U.S.C. § 636, et seq.; Fed. R. Civ. P. 72, 73)
(a)
Automatic References
The Clerk of Court shall refer the following matters to a Magistrate Judge
upon filing:
(b)
(1)
All misdemeanor offenses occurring within the Southern District of
Illinois that are prosecuted by criminal complaint; and
(2)
All petty offenses and all offenses involving Central Violations
Bureau (CVB), which are offenses occurring on government
property or reservations.
Authorized References
With the consent of the parties, a Magistrate Judge is authorized to:
(1)
Conduct voir dire and select petit juries for the District Court; and
(2)
Conduct change of plea colloquies in felony cases, file a report and
recommendation with the District Court regarding the plea, and
order presentence investigation reports.
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(c)
Selected References
All other civil or criminal matters will be referred by a District Judge to a
Magistrate Judge on a case-by-case basis.
RULE 72.2 PROCEDURES BEFORE MAGISTRATE JUDGES
(See 28 U.S.C. § 636, et seq.; Fed. R. Civ. P. 72, 73)
(a)
In General
In performing his/her/their duties, a Magistrate Judge shall conform to all
applicable provisions of federal statutes and rules, to the general
procedural rules of this Court, and to the requirements specified in any
order of reference from a District Judge. All practice before a Magistrate
Judge shall be in accordance with these Local Rules.
(b)
Special Provisions for the Disposition of Civil Cases by a Magistrate Judge
on Consent of the Parties - 28 U.S.C. § 636(c)
(1)
Notice
Pursuant to Administrative Order as from time to time amended by
the Court, the Clerk of Court shall notify the parties in certain
categories of civil cases that they may consent to have a Magistrate
Judge conduct any or all proceedings in the case and order the entry
of a final judgment. The Clerk of Court’s notification will set
applicable deadlines and will include a form regarding consenting
or declining to consent to Magistrate Judge jurisdiction.
(2)
Execution of Consent
Each party must file its completed consent form, indicating consent
or non-consent to proceed before a Magistrate Judge, in the manner
directed by the Court. The executed consent forms will be filed
under seal and will be unsealed only if all parties consent to proceed
before a Magistrate Judge. No Magistrate Judge, District Judge, or
other court official may attempt to persuade or induce any party to
consent to the reference of any matter to a Magistrate Judge. This
Rule shall not preclude a District Judge or Magistrate Judge from
informing the parties that they have the option of consenting to a
Magistrate Judge.
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(3)
Consent
Once a case has been assigned to a Magistrate Judge on consent of
the parties, the Magistrate Judge shall have the authority to conduct
all proceedings to which the parties have consented and to direct the
Clerk of Court to enter a final judgment in the same manner as if a
District Judge had presided. The parties cannot seek review and
appeal of a Magistrate Judge decision from a District Judge once a
case has been assigned to a Magistrate Judge on consent of the
parties.
(4)
Reassignment of Cases
The Clerk of Court may reassign cases as is necessary to ensure
compliance with federal law, local rules, and administrative orders.
RULE 73.1 REVIEW AND APPEAL OF MAGISTRATE JUDGES’ ORDERS
OR RECOMMENDATIONS
(See 28 U.S.C. § 636; Fed. R. Civ. P. 72, 73; 8 U.S.C. § 3145, et. seq., Fed. R. Cr.
P. 58(g)(2)(B))
(a)
Appeal of Non-Dispositive Matters - 28 U.S.C. § 636(b)(1)(A)
Any party may appeal a Magistrate Judge’s order issued pursuant to 28
U.S.C. § 636(b)(1)(A), determining a motion or matter within 14 days after
issuance of the Magistrate Judge’s order, unless a different time is
prescribed by the Magistrate Judge or a District Judge. The party shall file
with the Clerk of Court and serve on all parties a written request for an
appeal, which shall specifically designate the order or part of the order that
the parties wish the Court to reconsider. A District Judge shall reconsider
the matter and shall set aside any portion of the Magistrate Judge’s order
found to be clearly erroneous or contrary to law. A District Judge may also
reconsider sua sponte any matter determined by a Magistrate Judge under
this Rule.
(b)
Review of Dispositive Motions and Prisoner Litigation - 28 U.S.C.
§ 636(b)(1)(B)
Any party may object to a Magistrate Judge’s proposed dispositive
findings, recommendations, or reports issued pursuant to 28 U.S.C. §
636(b)(1)(B), within 14 days after being served with a copy. The objecting
party shall file with the Clerk of Court, and serve on all parties, written
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objections which shall specifically identify the portions of the proposed
findings, recommendations, or reports to which objection is made and the
basis for the objections. Any party may respond to another party’s
objections within 14 days after being served with a copy. Requests for
extension of these deadlines are not favored.
A District Judge shall make a de novo determination of those portions of the
report or specified proposed findings or recommendations to which
objection is made and may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the Magistrate Judge. The District
Judge may conduct a new hearing, may consider the record developed
before the Magistrate Judge, and may make a determination on the basis of
that record. The District Judge may also receive further evidence, recall
witnesses, or recommit the matter to the Magistrate Judge with instructions.
(c)
Special Master Reports - 28 U.S.C. § 636(b)(2)
Any party may seek review of, or action on, a special master report filed by
a Magistrate Judge in accordance with the provisions of Fed. R. Civ. P. 53(e).
(d)
Appeal from Orders or Judgments in Petty Offenses and Other
Misdemeanor Cases – 18 U.S.C. § 3402; Fed. R. Crim. P. 58(g)(2)
A defendant may appeal an order or judgment of conviction by a
Magistrate Judge in a petty offense or other misdemeanor case by filing a
notice of appeal with the District Court within 14 days after entry of the
order or judgment, and by serving a copy of the notice upon the United
States Attorney. The scope of the appeal shall be the same as on an appeal
from a judgment of the District Court to the Court of Appeals.
(e)
Appeal from Judgments in Civil Cases Disposed of on Consent of the
Parties - 28 U.S.C. § 636(c)
Upon the entry of judgment in any civil case disposed of by a Magistrate
Judge on consent of the parties under authority of 28 U.S.C. § 636(c), an
aggrieved party may appeal directly to the United States Court of Appeals
for the Seventh Circuit in the same manner as an appeal from any other
judgment of this Court.
(f)
Review of Magistrate Judge’s Order of Release or Detention - 18 U.S.C. §
3145(a) and (b).
Any party may seek review of a Magistrate Judge’s order of release or
detention in a criminal case in accordance with 18 U.S.C. § 3145(a) and (b).
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The party seeking review shall file a motion promptly and in accordance
with the time limits designated by the Magistrate Judge.
RULE 79.1 CUSTODY AND DISPOSITION OF EXHIBITS
(a)
During Trial
Unless the presiding judge orders otherwise, all exhibits, including, but not
limited to, models, diagrams, physical material, and electronic files that are
received into evidence, or offered and refused admission, at any trial or
hearing shall be retained in the custody of the Clerk of Court or
his/her/their designee for the duration of the proceeding.
(b)
After Trial
Unless the presiding judge orders otherwise, exhibits shall not be retained
by the Clerk of Court at the conclusion of the proceeding but shall be
retained in the custody of the respective attorneys who produced them in
court. Any exhibit not so removed, including electronic files, shall be
destroyed or otherwise disposed of (1) 90 days after a final decision is
rendered if no appeal is taken from that decision or (2) when an appeal is
taken, within 90 days after the mandate of the reviewing court is filed.
(c)
Appeal
If an appeal is taken, the parties shall make available all of the exhibits in
their possession in order to prepare the record on appeal. The attorney who
has custody of exhibits shall comply with Rule 10 of the Circuit Rules for
the United States Court of Appeals for the Seventh Circuit and must ensure
that exhibits to be included in the record, which are not in the possession of
the Clerk of Court in the District Court, are furnished to the Clerk of Court
in the Seventh Circuit Court of Appeals as set forth in Rule 10.
RULE 80.1 OFFICIAL TRANSCRIPTS
(See Fed. R. App. P. 10; 7th Cir. R. 10, 11)
(a)
Before producing an official transcript, a court reporter shall obtain a
written request on a “Seventh Circuit Transcript Information Sheet,”
pursuant to Rule 10(b) of the Federal Rules of Appellate Procedure and Rule
10(c) of the Circuit Rules.
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(b)
(c)
The written request shall contain the following pertinent data:
(1)
a commitment of the party and his/her/their attorney to pay;
(2)
the commitment of the party and his/her/their attorney that they
will not directly or indirectly furnish the transcript or a copy of it to
any other party or attorney in the action; and
(3)
any other pertinent matter that is necessary for a clear understanding
of the terms of the contract between the court reporter and the
ordering party and his/her/their attorney.
Forms and information regarding transcripts, including the Court’s
Transcript Policy addressing required redactions to transcripts, are
available on the Court’s website.
RULE 83.1 ADMISSION OF ATTORNEYS
(Detailed instructions regarding the attorney admission process are
available on the Court’s website.)
(a)
General Admission of Attorneys
(1)
Any attorney licensed to practice law in any state in the United States
or the District of Columbia shall be admitted to practice generally in
this Court upon payment of an initial fee, as prescribed in the Fee
Schedule, and completion of the registration process through
PACER.
(2)
Attorney applicants are required to submit a Certificate of Good
Standing issued less than 60 days from the date of application from
a state in which the attorney applicant is licensed, all state bar
numbers issued to the attorney applicant, and an Oath of Office.
(3)
An attorney may submit a Certificate of Admission to Practice in the
Northern or Central Districts of Illinois in lieu of a Certificate of
Good Standing, together with all state bar numbers issued to the
attorney applicant, and an Oath of Office.
(4)
Attorneys must periodically pay a fee to maintain and renew their
membership in the Court’s bar. The amount and interval of the
renewal fee shall be set by the Court and published in the Fee
Schedule.
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(b)
(c)
Pro Hac Vice Admissions
(1)
Except as otherwise provided in the Local Rules, any attorney
licensed to practice law in any state in the United States or the
District of Columbia who does not wish to be admitted generally,
but wishes to be admitted in a specific civil or criminal case only,
may, upon submission of a Motion to Appear Pro Hac Vice, be
permitted to appear of record and participate pro hac vice.
(2)
An attorney seeking pro hac vice admission must first register
through PACER as a pro hac vice filer. Once the request to e-file is
approved, the Motion to Appear Pro Hac Vice must be filed with a
verified statement setting forth all state and federal bars of which the
movant is a member, the bar number, if any, issued by each
jurisdiction, and a statement as to whether the movant remains in
good standing in each jurisdiction. The required filing fee prescribed
in the Fee Schedule for pro hac vice motions must be paid at the time
the motion is filed. If the motion is denied, the fee will be refunded
by Order of the Court.
Government Representation
Any attorney representing any governmental entity, whether federal, state,
or municipal, may appear and participate in individual cases in their official
capacity after registering through PACER as a government attorney. A
Certificate of Good Standing and admission fee are not required.
Government attorneys must enter their appearance in a case, as required of
any attorney.
(d)
Non-Resident Counsel
Parties who are represented by counsel who do not reside in this district
shall not be required to retain local counsel to represent them. At any time
for good cause, upon the motion of any party, or upon its own motion, the
Court may require that a non-resident attorney obtain local counsel to assist
in the conduct of the case.
(e)
Admission to Practice in an MDL Case
Admission to the bar of this Court is not required to file or appear in a case
transferred to this Court pursuant to 28 U.S.C. § 1407 on an order of the
Judicial Panel on Multidistrict Litigation (“MDL Case”). Attorneys who
seek to file or appear in an MDL case and who do not already have e-filing
access in this Court must apply through PACER. Although the attorney
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applicant must be in good standing with the bar, a Certificate of Good
Standing and admission fee are not required.
(f)
(g)
Representation in Cases
(1)
In all cases filed in, removed to, or transferred to this Court, all
parties, except governmental agencies or those appearing pro se,
must be represented by a member of the bar of this Court. Service
upon any attorney of record for a party shall constitute service upon
all other counsel appearing of record for the party.
(2)
Unless otherwise excepted by this Rule, pleadings or other
documents submitted by a party who is not represented by a
member of the bar of this Court shall be returned by the Court.
Appearances
In all cases filed in, removed to, or transferred into this Court, the attorney
filing the initiating document need not file a separate entry of appearance.
Once the initiating document is filed, any attorney other than the one who
filed the initiating document must file a separate entry of appearance before
filing a document or appearing before the Court.
(h)
Withdrawals in Civil Cases
An attorney may not withdraw an entry of appearance for a party without
leave of Court and notice to all parties of record.
(1)
Leave of Court
The motion for leave to withdraw shall be in writing and, unless
another attorney is substituted or already of record, shall state the
last known address of the party represented, and must advise the
party being represented that he/she/they may seek to retain other
counsel if they so choose. Within 21 days of the entry of an order of
withdrawal, the party or the new counsel shall file with the Clerk of
Court a supplementary appearance that provides an address at
which the party and/or the new counsel may receive service of
documents related to the case. The Court may deny the motion if
granting it would delay the trial of the case or would otherwise be
inequitable.
(2)
Notice to Parties
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Unless another attorney is substituted or already of record, a
withdrawing attorney must give reasonable notice to the party being
represented of the motion for leave to withdraw. Notice shall be by
personal service or certified mail at the party’s last known business
or residential address. The motion for leave to withdraw must certify
that notice has been provided.
If the motion for withdrawal is granted, the withdrawing attorney
shall serve a copy of the order of withdrawal within 7 days by
personal service or certified mail upon any unrepresented parties.
(3)
Pro Bono Counsel
The withdrawal of counsel assigned pursuant to the Pro Bono
Program (SDIL-LR 83.10-83.14) is governed by SDIL-LR 83.10-83.12.
(i)
Conduct
Conduct of attorneys admitted to practice in this Court is controlled by
SDIL-LR 83.2.
(j)
Duty of Attorneys to Accept Pro Bono Assignments
Unless expressly exempted, every member of the bar of this Court, as
defined in subparagraph (a) of this Rule, shall be available for assignment
by the Court to represent or assist in the representation of those who cannot
afford to hire an attorney. SDIL-LR 83.8-83.14 set forth the district’s Pro
Bono Program and applicable procedures.
(k)
Representation by Supervised Senior Law Students
A student in a law school who has been certified to render services pursuant
to Illinois Supreme Court Rule 711 may, upon approval of the judge before
whom the case is pending, perform such services in this Court as allowed
by Rule 711 while under the supervision of an attorney authorized to
practice in this Court. In addition to the agencies specified in paragraph (b)
of Rule 711, the law school student may render services with the United
States Attorney for this district, the legal staff of any agency of the United
States government, or the Federal Public Defender for this district,
including any of its staff or panel attorneys.
(l)
Registration Fee
When a fee is collected from an attorney for general admission to practice
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in this Court, the amount prescribed by the Judicial Conference of the
United States for general admission shall be paid to the Treasury of the
United States. Any amount collected above the basic admission fee shall be
retained by the Clerk of Court for use as set forth in this Court’s Plan for
the Administration of the District Court Fund. The entire fee collected from
a pro hac vice admission, and any fee prescribed and collected for the
periodic renewal of membership to this Court’s bar, shall be retained by the
Clerk of Court for use as set forth in this Court’s Plan for the Administration
of the District Court Fund.
(m)
Renewal Fee
The periodic fee for renewal of membership in the district bar shall be set
forth in the Fee Schedule (available on the Court’s website). The Clerk of
Court shall notify attorneys of the applicable procedures and deadlines in
advance of each renewal period.
RULE 83.2 CONDUCT OF ATTORNEYS
(a)
The Court, in furtherance of its inherent power and responsibility to
supervise the conduct of attorneys admitted to practice before it,
promulgates the following Rules of Disciplinary Enforcement superseding
its other rules pertaining to disciplinary enforcement. This Rule and SDILLR 83.3 and 83.4 shall apply with equal force to government attorneys
appearing before the Court, who are not generally admitted to the district
bar or who are admitted pro hac vice (see 28 U.S.C. § 530B(a)).
(1)
For misconduct defined in these Rules and for good cause shown,
after notice and opportunity to be heard, any attorney admitted to
practice before this Court may be disbarred, suspended from
practice before this Court, reprimanded, or subjected to other
disciplinary action as the circumstances may warrant.
(2)
The Rules of Professional Conduct adopted by this Court are the
Rules of Professional Conduct established 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. Acts or omissions
by an attorney admitted to practice before this Court, individually
or in concert with any other person or persons, that violate the
Court’s Rules of Professional Conduct adopted by this Court shall
constitute misconduct and shall be grounds for discipline, whether
or not the act or omission occurred in the course of an attorney-client
relationship.
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(3)
Whenever an attorney applies to be admitted or is admitted to this
Court for purposes of a particular proceeding (pro hac vice), the
attorney shall be deemed to have conferred disciplinary jurisdiction
upon this Court for any alleged misconduct of that attorney arising
in the course of, or in the preparation for, such proceeding.
RULE 83.3 DISCIPLINARY ENFORCEMENT
(a)
Disciplinary Proceedings
(1)
When misconduct or allegations of misconduct which, if
substantiated, would warrant discipline on the part of an attorney
admitted to practice before this Court shall come to the attention of
a District Judge or Magistrate Judge, whether by complaint or
otherwise, and the applicable procedure is not otherwise mandated
by these Rules, the judge should refer the matter to counsel under
SDIL-LR 83.3(a)(2) for investigation and the prosecution of a formal
disciplinary proceeding or the formulation of such other
recommendation as may be appropriate.
(2)
Appointment of Counsel. Whenever counsel is to be appointed
pursuant to these Rules to investigate allegations of misconduct or
prosecute disciplinary proceedings, this Court shall appoint as
counsel the disciplinary agency of the Supreme Court of Illinois,
unless the disciplinary agency of another court has jurisdiction. If the
disciplinary agency declines appointment, or such appointment is
inappropriate, this Court may appoint as counsel one or more
members of the bar of this Court to investigate allegations of
misconduct or to prosecute disciplinary proceedings under these
Rules. The respondent-attorney may move to disqualify an attorney
so appointed upon a showing of good cause. Counsel, once
appointed, may not withdraw unless permission to do so is given by
this Court.
(3)
Should counsel conclude after investigation and review that a formal
disciplinary proceeding should not be initiated against the
respondent, counsel shall file with the Court a recommendation for
disposition of the matter, whether by dismissal, admonition,
deferral, or otherwise, setting forth the reasons for their
recommendation.
(4)
To initiate formal disciplinary proceedings, counsel shall move for
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an Order of this Court, upon a showing of probable cause, requiring
the respondent-attorney to show cause within 30 days after service
of that order upon that attorney, personally or by mail, why the
respondent-attorney should not be disciplined. Except as otherwise
provided in these Rules or unless otherwise ordered by a judge, the
proceedings and filings in every disciplinary case in this Court shall
be matters of public record.
(5)
Upon the respondent-attorney’s answer to the order to show cause,
if any issue of fact is raised or the respondent-attorney wishes to be
heard in mitigation, this Court shall set the matter for prompt
hearing before one or more judges of this Court, provided, however,
that if the disciplinary proceeding is predicated upon the complaint
of a judge of this Court, the hearing shall be conducted before one or
more other judges of this Court appointed by the Chief Judge.
(6)
Criminal Contempt. Notwithstanding any other provision of these
Rules, a District Judge may summarily punish a person who
commits criminal contempt in its presence if they saw or heard the
contemptuous conduct and so certifies; a Magistrate Judge may
summarily punish a person as provided in 28 U.S.C. § 636(e). The
contempt order must recite the facts, be signed by the judge, and be
filed with the Clerk of Court. (See Fed. R. Crim. P. 42(b); 28 U.S.C. §
1784.) If the misconduct has occurred outside the actual presence of
the Court or where time is not of the essence, the provisions of Fed.
R. Crim. P. 42(a) may be applied.
(7)
Service of Paper and Other Notices. Service of an order to show
cause instituting a formal disciplinary proceeding shall be made by
personal service or by registered or certified mail addressed to the
respondent-attorney at the address shown in the most recent
registration on file. Service of any other papers or notices required
by these Rules shall be deemed to have been made if such paper or
notice is addressed to the respondent-attorney at the address shown
on the most recent registration on file or to the respondent’s attorney
at the address indicated in the most recent pleading or other
document filed in the course of any proceeding.
(8)
Payment of Fees and Costs. At the conclusion of any disciplinary
investigation and prosecution, if any, under these rules, counsel may
apply to this Court for an order awarding reasonable fees and
reimbursing costs expended in the course of such disciplinary action
or prosecution. Any such order shall be submitted to the Chief Judge,
who may order payment of such amounts from the funds collected
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pursuant to Rule 83.1(k), as he/she/they may deem reasonable and
just under the circumstances of each case.
(b)
Attorneys Convicted of Crimes
(1)
Duty to Notify
An attorney admitted to practice in this Court, who has been
convicted in any court of any crime, has a duty to notify the Clerk of
Court in writing within 30 days of the entry of the judgment of
conviction. The Clerk of Court shall file a certified copy of the
judgment or conviction upon receipt. This duty applies whether the
conviction resulted from a plea of guilty or nolo contendere, from a
verdict after trial or otherwise, regardless of the pendency of any
appeal.
(2)
Automatic Suspension
Upon the filing with the Court of a certified copy of a judgment of
conviction demonstrating that any attorney admitted to practice
before the Court has been convicted of a “Serious Crime,” as
hereinafter defined, in any court of the United States, the District of
Columbia, or any state, territory, commonwealth, or possession of
the United States, the Court shall immediately enter an order
suspending that attorney, whether the conviction resulted from a
plea of guilty or nolo contendere, from a verdict after trial or
otherwise, regardless of the pendency of any appeal. A copy of such
order shall immediately be served upon the attorney. Upon good
cause shown, the Court may set aside such order when it appears to
be in the interest of justice to do so.
(A)
Definition of “Serious Crime”
The term “Serious Crime” shall include any felony and any
lesser crime, a necessary element of which, as determined by
the statutory or common law definition of the crime in the
jurisdiction where the judgment was entered, involves false
swearing, misrepresentation, fraud, willful failure to file
income
tax
returns,
deceit,
bribery,
extortion,
misappropriation, theft, or an attempt or a conspiracy or
solicitation of another to commit a Serious Crime.
(B)
Executive Committee to Institute Disciplinary Proceedings
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Upon the filing of a certified copy of a judgment of conviction
of an attorney for a Serious Crime, the Court shall, in addition
to suspending that attorney in accordance with the provisions
of this Rule, also refer the matter to counsel for the institution
of a disciplinary proceeding before the Court in which the sole
issue to be determined shall be the extent of the final
discipline to be imposed for the conduct resulting in the
conviction, provided that a disciplinary proceeding so
instituted will not be brought to final hearing until all appeals
from the conviction are concluded.
(3)
Proceedings Where Attorney Convicted of Offense That Does Not
Qualify as Serious Crime
Upon the filing of a certified copy of a judgment of conviction of an
attorney for a crime not constituting a Serious Crime, the Court may
refer the matter to counsel for whatever action counsel may deem
warranted, including the institution of a disciplinary proceeding in
accordance with SDIL-LR 83.3(a), provided, however, that the Court
may in its discretion make no reference with respect to convictions
for minor offenses.
(4)
Judgment of Conviction as Evidence
A certified copy of a judgment of conviction of an attorney for any
crime shall be conclusive evidence of the commission of that crime
in any disciplinary proceeding instituted against that attorney based
upon the conviction.
(5)
Reinstatement Where Conviction Reversed
An attorney suspended under the provisions of this Rule will be
reinstated immediately upon the filing of proof demonstrating that
the underlying conviction of a Serious Crime has been reversed, but
the reinstatement will not terminate any disciplinary proceeding
brought in accordance with SDIL-LR 83.3(a) then pending against
the attorney, the disposition of which shall be determined by the
Court on the basis of all available evidence pertaining to both guilt
and the extent of discipline to be imposed.
(c)
Discipline Imposed by Other Court or State Bar Licensing or Disciplinary
Agency
(1)
Duty to Notify
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Any attorney admitted to practice before this Court shall, upon being
subjected to public discipline by any other court or state bar licensing
or disciplinary agency of the United States, the District of Columbia,
or any state, territory, commonwealth, or possession of the United
States, promptly inform the Clerk of Court.
This notice obligation applies equally to any public discipline
imposed as a result of an attorney consenting to such discipline,
including voluntary resignation from the bar of any other court of
the United States or the District of Columbia, or any state, territory,
commonwealth, or possession of the United States while an
investigation into allegations of misconduct is pending.
The Court may also initiate an investigation upon information from
any other reliable source which indicates an attorney has been
publicly disciplined in another jurisdiction.
Failure to notify the Clerk of Court may result in additional
sanctions.
(2)
Rule to Show Cause
Upon the filing of a certified copy of a judgment or order
demonstrating that an attorney admitted to practice before this
Court has been (1) publicly disciplined by another court or state bar
licensing or disciplinary agency, (2) publicly disciplined on consent
by another court or state bar licensing or disciplinary agency, or (3)
voluntarily resigned from the bar of any other court of the United
States, District of Columbia, or any state, territory, commonwealth,
or possession of the United States while an investigation into
allegations of misconduct is pending, this Court shall forthwith issue
a notice directed to the attorney containing:
(A)
a copy of the judgment or order from the other court or state
bar licensing or disciplinary agency; and
(B)
an order to show cause directing that the attorney inform this
Court within 30 days after service of that order upon the
attorney, personally or by mail, of any claim by the attorney
predicated upon the grounds set forth in (g) below that the
imposition of the identical discipline by the Court would be
unwarranted and the reasons why.
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(d)
Effect of Stay of Imposition of Discipline in Other Court or State Bar
Licensing or Disciplinary Agency
In the event any public discipline imposed in the other jurisdiction has been
stayed there, any reciprocal discipline imposed by this Court shall be
deferred until the stay expires.
(e)
Imposition of Discipline; Exceptions
Upon the expiration of 30 days from service of the notice issued pursuant
to the provisions of (2) above, this Court shall impose the identical
discipline unless the respondent-attorney demonstrates, or this Court finds,
that upon the face of the record upon which the discipline in another
jurisdiction is predicated, it clearly appears:
(1)
(A)
that the procedure was so lacking in notice or opportunity to
be heard as to constitute a deprivation of due process; or
(B)
that there was such an infirmity of proof establishing the
misconduct as to give rise to the clear conviction that this
Court could not, consistent with its duty, accept as final the
conclusion on that subject; or
(C)
that the imposition of the same discipline by this Court would
result in grave injustice; or
(D)
that the misconduct established is deemed by this Court to
warrant substantially different discipline.
Disciplinary Order as Evidence
In all other respects, a final adjudication in another court that an
attorney has been guilty of misconduct shall establish conclusively
the misconduct for purposes of a disciplinary proceeding in this
Court.
A certified copy of an order demonstrating public discipline on
consent by another court or state bar licensing or disciplinary
agency, or voluntary resignation from the bar of any other court of
the United States, District of Columbia, or any state, territory,
commonwealth, or possession of the United States while an
investigation into allegations of misconduct is pending, may
establish that the attorney should be subject to the same discipline in
this Court.
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(2)
Appointment of Counsel for Proceedings
The Court may at any stage appoint counsel to prosecute the
disciplinary proceedings.
(f)
Disbarment on Consent While Under Disciplinary Investigation or
Prosecution
(1)
(g)
Any attorney admitted to practice before this Court who is the
subject of an investigation into, or a pending proceeding involving,
allegations of misconduct, may consent to discipline by this Court,
but only by delivering to this Court an affidavit stating that the
attorney desires to consent to such discipline and that:
(A)
the attorney’s consent is freely and voluntarily rendered, the
attorney is not being subjected to coercion or duress, and the
attorney is fully aware of the implications of consenting;
(B)
the attorney is aware that there is a pending investigation or
proceeding involving allegations that there exist grounds for
the attorney’s discipline, the nature of which the attorney shall
specifically set forth;
(C)
the attorney acknowledges that the material facts so alleged
are true; and
(D)
the attorney so consents because the attorney knows that if the
charges were predicated upon the matters under investigation,
or if the proceedings were prosecuted, the attorney could not
successfully defend themselves.
(2)
Upon receipt of the required affidavit, this Court shall enter an order
of such discipline.
(3)
The order disciplining the attorney on consent shall be a matter of
public record. However, the affidavit required under the provisions
of this Rule shall not be publicly disclosed or made available for use
in any other proceeding except upon Order of this Court.
Duties of the Clerk of Court
(1)
Upon being notified or otherwise informed that an attorney
admitted to practice in this Court has been convicted of any crime,
the Clerk of Court shall determine whether the court in which such
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conviction occurred has forwarded a certificate of the conviction. If
a certificate has not been so forwarded, the Clerk of Court shall
promptly obtain the certificate.
(h)
(2)
Upon being notified or otherwise informed that an attorney
admitted to practice in this Court has been subjected to public
discipline by another court or state licensing or disciplinary agency,
the Clerk of Court shall determine whether a certified copy of the
judgment or order has been filed with this Court, and, if not, the
Clerk of Court shall promptly obtain the judgment or order.
(3)
Whenever it appears that any person convicted of a crime or
disbarred, suspended, censured, or publicly disciplined on consent
by this Court is admitted to practice law in any other jurisdiction or
before any other court, the Clerk of Court shall, within 14 days of
that conviction, disbarment, suspension, censure, or other public
discipline on consent, transmit to the disciplinary authority in such
other jurisdiction or court a certificate of the conviction or a certified
copy of the judgment or order of disbarment, suspension, censure,
or public discipline on consent, as well as the last known office and
residence addresses of the defendant or respondent.
(4)
The Clerk of Court shall likewise promptly notify the National
Discipline Data Bank operated by the American Bar Association of
any order imposing public discipline upon any attorney to practice
before this Court.
Jurisdiction
Nothing contained in these Rules shall be construed to deny to this Court
such powers as are necessary for the Court to maintain control over
proceedings conducted before it, such as proceedings for contempt under
Title 18 of the United States Code or under Rule 42 of the Federal Rules of
Criminal Procedure.
(i)
ABA Model Federal Rules of Disciplinary Enforcement
In instances not addressed by the Local Rules, or other applicable statutes
and rules, the Court will be guided by the American Bar Association’s
Model Federal Rules of Disciplinary Enforcement.
RULE 83.4 REINSTATEMENT OF ATTORNEYS
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(a)
After Disbarment or Suspension
An attorney suspended for three months or less shall be automatically
reinstated at the end of the period of suspension upon filing with the Clerk
of Court an affidavit of compliance with the provisions of the order
suspending them. An attorney suspended for more than three months or
disbarred may not resume practice until reinstated upon motion and by
Order of this Court.
(b)
Time of Application Following Disbarment
A person who has been disbarred after hearing or by consent may not apply
for reinstatement until the expiration of at least five years from the effective
date of the disbarment.
(c)
Hearing on Application
Petitions for reinstatement by an attorney disbarred or suspended under
this Rule shall be filed with the Chief Judge. The Chief Judge shall assign
the matter to one or more judges of this Court for consideration. If the
underlying disciplinary proceeding was predicated upon the complaint of
a judge of this Court, that judge shall be excluded from considering the
petition for reinstatement. The judge or judges assigned to the matter shall,
within 30 days, either grant the petition or set the matter for hearing. If a
hearing is set, the petition shall be referred to counsel to make
recommendations as to whether reinstatement is proper. Counsel may be
required to file a report prior to the hearing and may also cross-examine the
petitioner and his/her/their witnesses and be responsible for submitting
any evidence in opposition to the petition. The petitioner has the burden of
demonstrating by clear and convincing evidence that he/she/they have the
qualifications, competency, and learning in the law required for admission
to practice law before this Court and that his/her/their resumption of the
practice of law will not be detrimental to the integrity and standing of the
bar or to the administration of justice or subversive of the public interest.
(d)
Deposit for Costs of Proceeding
As circumstances warrant, the Court may require an advance cost deposit
in an amount to be set by the Court to cover anticipated costs of the
reinstatement proceeding.
(e)
Conditions of Reinstatement
If the petitioner is found unfit to resume the practice of law, the petition
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shall be dismissed. If the petitioner is found fit to resume the practice of
law, the judgment shall reinstate them, provided that the judgment may
make reinstatement conditional upon the payment of all or part of the costs
of the proceedings and upon the making of partial or complete restitution
to parties harmed by the petitioner, whose conduct led to the suspension or
disbarment. If the petitioner has been suspended or disbarred for five years
or more, reinstatement may be conditioned, in the discretion of the judge
or judges before whom the matter is heard, upon the furnishing of proof of
competency and learning in the law, which proof may include certification
by the bar examiners of a state or other jurisdiction of the attorney’s
successful completion of an examination for admission to practice
subsequent to the date of suspension or disbarment.
(f)
Successive Petitions
An attorney may not file a second or successive petition for reinstatement
within one year of any denial of an initial petition for reinstatement.
(g)
Fees
The fee for general admission to the district bar, or the renewal fee, must be
paid, as appropriate. See SDLR 83.1, Fee Schedule, available on the Court’s
website.
RULE 83.5 AUDIO-VISUAL REPRODUCTIONS OF JUDICIAL
PROCEEDINGS PROHIBITED
(See Fed. R. Crim. P. 53; 18 U.S.C. § 1508; 7th Cir. R. 55)
(a)
Unless otherwise authorized by Order of this Court, the taking of
photographs, sound recordings (except by the official court reporters in the
performance of their duties), video recordings, and broadcasting by radio,
television, internet, or other means in connection with any judicial
proceeding is prohibited.
(b)
Credentialed members of the media may utilize electronic devices in the
courthouse and courtrooms in accordance with any applicable
administrative orders and/or orders from the presiding judge.
RULE 83.6 FAIR TRIAL, FREE PRESS
(See Fed. R. Crim. P. 6, 12.1, 16, 32, 53; 18 U.S.C. § 3322;
28 U.S.C. §§ 566, 751, 753, 755, 956)
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(a)
Duties of Lawyers
It is the duty of the lawyer not to release or authorize the release of
information or opinion for dissemination by any means of public
communication, in connection with pending or imminent criminal
litigation with which he/she/they are associated, if there is a reasonable
likelihood that such dissemination will interfere with a fair trial or
otherwise prejudice the due administration of justice. With respect to a
grand jury or other pending investigation of any criminal matter, a lawyer
participating in the investigation shall refrain from making any
extrajudicial statement for dissemination by any means of public
communication that goes beyond the public record or that is not necessary
to inform the public that the investigation is underway, to describe the
general scope of the investigation, to obtain assistance in the apprehension
of a suspect, to warn the public of any dangers, or otherwise to aid in the
investigation.
From the time of arrest, issuance of an arrest warrant, or the filing of a
complaint, information, or indictment in any criminal matter until the
commencement of trial or disposition without trial, a lawyer associated
with the prosecution or defense shall not release or authorize the release of
any extrajudicial statement for dissemination by any means of public
communication relating to that matter and concerning:
(1)
the prior criminal record (including arrests, indictments, or other
charges of crime) or the character or reputation of the accused, except
that the lawyer may make a factual statement of the accused’s name,
age, residence, occupation, and family status, and if the accused has
not been apprehended, a lawyer associated with the prosecution
may release any information necessary to aid in his/her/their
apprehension or to warn the public of any dangers he/she/they may
present;
(2)
the existence or contents of any confession, admission, or statement
given by the accused, or the refusal or failure of the accused to make
any statement;
(3)
the performance of any examinations or tests or the accused’s refusal
or failure to submit to an examination or test;
(4)
the identity, testimony, or credibility of prospective witnesses,
except that the lawyer may announce the identity of the victim if the
announcement is not otherwise prohibited by law;
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(b)
(5)
the possibility of a plea of guilty or innocence or as to the merits of
the case or the evidence in the case; or
(6)
any opinion as to the accused’s guilt or innocence or as to the merits
of the case or the evidence in the case.
Duties of Court Personnel
No personnel connected in any way with this Court or its operation,
including, among others, marshals, deputy marshals, deputy clerks, court
security officers, bailiffs, jury administrators, court reporters, and interns,
shall disclose to any person, without specific authorization by the presiding
judge, any information relating to a pending criminal or civil case that is
not a part of the public record. This prohibition applies to, among other
things, the divulgence of information concerning arguments, hearings, and
discussions held in chambers or otherwise outside the presence of the
public.
(c)
Special Order in Certain Cases
In a widely publicized or sensational case, the Court, on motion of either
party or on its own motion, may issue a special order governing such
matters as extrajudicial statements by parties and witnesses that might
interfere with the rights of the accused to a fair trial by an impartial jury,
the seating and conduct in the courtroom of spectators and news media
representatives, the management and sequestration of jurors and witnesses,
and any other matters that the Court may deem appropriate for inclusion
in such an order, such as:
(1)
directives regarding the clearing of entrances to and hallways in a
courthouse and respecting the management of the jury and
witnesses during the course of the trial to avoid their mingling with
or being in the proximity of reporters, photographers, parties,
lawyers, and others, both in entering and leaving the courtroom and
courthouse, and during recesses in the trial;
(2)
a specific directive that the jurors refrain from reading, listening to,
or watching news reports concerning the case, and that they
similarly refrain from discussing the case with anyone during the
trial and from communicating with others in any manner during
their deliberations;
(3)
sequestration of the jury on motion of any party or the Court,
without disclosure of the identity of the movant;
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(4)
a directive that the names and addresses of the jurors or prospective
jurors are not publicly released, except as required by statute, and
that no photographs be taken or sketch made of any juror within the
environs of the Court;
(5)
insulation of witnesses from news interviews during the trial period;
and
(6)
specific provisions regarding the seating of spectators and news
media representatives.
RULE 83.7 DEATH PENALTY CASES
(See 28 U.S.C. § 2261, et seq.)
(a)
(b)
Operation, Scope, and Priority
(1)
This Rule applies to post-conviction proceedings in all cases
involving persons under sentence of capital punishment.
(2)
The District 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, remands from the Court 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.
(3)
The District Judge must give priority to cases within the scope of this
Rule, using the time limitations in 28 U.S.C. § 2266(b) as a guideline
when that section is not directly applicable.
(4)
The District Judge may make changes in the procedures established
by this Rule when justice so requires.
Notices and Required Documents
(1)
A petition or motion within the scope of this Rule must:
(A)
include all possible grounds for relief;
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(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.
(2)
As soon as a case is assigned to a District Judge, the Clerk of Court
must notify by telephone the District Judge, counsel for the parties,
and the representatives designated under the next subsection. The
Clerk of Court also must inform counsel of the appropriate
procedures and telephone numbers for emergency after-hours
motions.
(3)
The Attorney 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 Clerk of Court in the district court must notify the Clerk of Court
in the Seventh Circuit Court of Appeals 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 Clerk of Court in the district court 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
Clerk of Court must furnish to petitioner or movant a copy of this
Rule, together with copies of Federal Rule of Appellate Procedure 22
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 10 days after filing the petition or motion, legible
copies of the documents listed below:
(A)
copies of all state or federal court opinions, memorandum
decisions, orders (if a decision or opinion has been published,
a citation may be supplied in lieu of a copy), transcripts of oral
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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;
(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 an Order issued by the Court of Appeals under 28
U.S.C. § 2244(b)(3) or § 2255 permitting a second or successive
collateral attack or (ii) an explanation why prior approval of
the Court of Appeals is not required; and
(D)
any other documents that the presiding judge requests.
If a required document is not filed, the petitioner or movant must
explain the omission to the Court.
(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 they deem appropriate.
(2)
If the District 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 District 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 28 U.S.C. § 2244(b)(4) has been satisfied.
Appointment of Counsel
Pursuant to 18 U.S.C. § 3006A, 21 U.S.C. § 848(q), 28 U.S.C. § 2254(h), and
28 U.S.C. § 2255, 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
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(f)
(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 Clerk of 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.
(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.
(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.
List of Cases
The Clerk of Court will maintain a list of cases within the scope of this Rule.
RULE 83.8 PRO BONO PROGRAM
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(a)
Definitions
The following definitions shall apply to the pro bono rules:
(b)
(1)
The term “assignment of counsel” shall mean the assignment of a
member of the bar of this Court to represent a party who lacks the
resources to retain counsel by any other means. Such assignment
shall only be in a civil action or appeal to the district court from an
administrative decision and shall not include any assignment made
pursuant to the Criminal Justice Act of 1964, 18 U.S.C. § 3006A.
(2)
The term “judge” shall mean the judge to whom the action is
assigned, including a Magistrate Judge acting in a civil case pursuant
to 28 U.S.C. §§ 636(b) or (c).
(3)
The term “panel” shall mean those members of the bar of this Court
who have volunteered for assignment and those whose names were
selected pursuant to section (c).
(4)
The terms “pro bono rules” and “pro bono program” shall refer to
Local Rules 83.8-83.14.
Duty of Attorneys to Accept Pro Bono Assignments.
Unless expressly exempted, every member of the bar of this Court, as
defined in SDIL-LR 83.1(a), shall be available for assignment by the Court
to represent or assist in the representation of those who cannot afford to
hire an attorney.
(c)
(d)
Creating the Panel
(1)
Annually, the Clerk of Court shall select names at random from the
bar of this Court to create a panel.
(2)
Following the selection of a panel, the Clerk of Court shall notify
each member. Upon receiving notice of their selection, an attorney
who feels they should be exempt from the panel pursuant to the pro
bono rules should promptly contact the Clerk of Court.
(3)
Any member of the bar of this Court may volunteer to be included
in a panel or waive an exemption by contacting the Clerk of Court at
any time.
Exemptions
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The following attorneys shall be exempt from panel inclusion:
(1)
Attorneys employed full-time by an agency of the United States, a
state, a county, or any sub-division thereof,
(2)
Attorneys employed full-time by a not-for-profit legal aid
organization, and
(3)
Attorneys included on the current Criminal Justice Act panel.
Every effort will be made to not include an exempt attorney on a panel, but
if an exempt attorney receives notice of panel inclusion, the attorney should
contact the Clerk of Court promptly.
(e)
Fulfillment of Panel Duty
(1)
At the conclusion of each panel’s term, members will be notified. If
assigned to a case during a panel term, an attorney must continue
with the representation until relieved from assignment, final
judgment is entered, or the case is otherwise concluded in the district
court. See SDIL-LR 83.10.
(2)
If assigned to represent a pro se litigant, an attorney is exempt from
placement on the next two panels (unless the Court has directed
otherwise).
(3)
If an attorney does not receive an assignment while serving on a
panel, that attorney will be exempt from the pool of attorneys
eligible for the next year’s panel (unless the Court has directed
otherwise).
RULE 83.9 ASSIGNMENT PROCEDURES
(a)
Application
(1)
Any application for the assignment of counsel by a party appearing
pro se shall be on a form approved by the Court. The application shall
include a form of affidavit stating the party’s efforts, if any, to obtain
counsel by means other than assignment and indicating any prior
pro bono assignments of counsel to represent the party in cases
brought in this Court, including both pending and previously
terminated actions. A completed copy of the affidavit of financial
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status in the form required by SDIL-LR 3.1(b) shall accompany the
application. A pro se party initially ineligible for assigned counsel at
the outset of the litigation who later becomes eligible by reason of
changed circumstances may apply for assignment of counsel within
a reasonable time after the change in circumstances has occurred.
(2)
(b)
The Court may also sua sponte assign counsel, or reconsider
assigning counsel, at any time.
Notice of Assignment
Counsel shall be assigned by Order of the Court, which shall be
immediately sent to all parties to the action and the assigned attorney. The
order shall include the name, address, and, if available, telephone number
of the party to be represented. Information regarding how to contact a
prisoner-party is available on the Court’s website.
(c)
Pro Se Motions
Upon assignment of counsel, all pending motions filed by the party pro se
shall be denied without prejudice so that assigned counsel can evaluate
how to proceed, unless otherwise ordered by the Court.
RULE 83.10 DUTIES AND RESPONSIBILITIES OF ASSIGNED COUNSEL
(a)
Upon receiving notice of the assignment, counsel shall, within 14 days or as
directed by the Court, file an appearance in the case, in accordance with
SDIL-LR 83.1(g). Promptly following the filing of an appearance, assigned
counsel shall communicate with the newly represented party concerning
the action or appeal, alerting the party if an associate will also be working
on the case. In addition to a full discussion of the merits of the dispute,
counsel shall explore with the party any possibilities of resolving the
dispute in other forums, including, but not limited to, administrative
forums. If after consultation with counsel the party decides to prosecute or
defend the action or appeal, counsel shall proceed to represent the party
unless or until the attorney-client relationship is terminated as provided by
these Rules.
(b)
Except where the assignment is terminated pursuant to SDIL-LR 83.11 or
SDIL-LR 83.12, each assigned counsel shall represent the party in the action
from the date counsel enters an appearance until final judgment or the
action is otherwise concluded in the district court. The assigned counsel is
not required by these Rules to continue to represent a party on appeal from
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a final judgment but must advise the party of the applicable deadlines for
filing a notice of appeal or motion under Federal Rules of Civil Procedure
59 or 60.
RULE 83.11 RELIEF FROM ASSIGNMENT
(a)
Grounds and Application
After assignment, counsel may apply to be relieved of an order of
assignment only on the following grounds or on such other grounds as the
assigning judge finds adequate for good cause shown:
(1)
A conflict of interest precludes counsel from accepting the
responsibilities of representing the party in the action.
(2)
Due to another extraordinary professional commitment, counsel
lacks the time necessary to represent the party.
(3)
Irreconcilable differences have arisen between counsel and the party
they were appointed to represent that make it impossible for the
attorney/client relationship to continue.
Any application by counsel for relief from an order of assignment on any of
the grounds set forth in this section shall be made to the judge promptly
after the attorney becomes aware of the existence of such grounds, or within
such additional period as may be permitted by the judge for good cause
shown. The Court will decide whether relief from assignment is warranted,
whether another attorney should be assigned, and whether any further
action is required before any merits-based decision is rendered.
(b)
Order Granting Relief
(1)
If an application for relief from an order of assignment is granted,
the judge may issue an order directing the assignment of another
attorney to represent the party. Such assignment shall be made in
accordance with the procedures set forth in SDIL-LR 83.9(b).
Alternatively, the judge shall have the discretion not to issue a
further order of assignment, in which case the party shall be
permitted to prosecute or defend the action pro se.
(2)
Where the judge enters an order granting relief from an order of
assignment on the grounds that counsel lacks the time to represent
the party due to the extraordinary burden of other professional
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commitments, the name of counsel so relieved shall, except as
otherwise provided in the order, automatically be included among
the names selected for the next panel.
(c)
Refusal of Assignment
An attorney who is not relieved of an assignment but still refuses to
represent the party shall, on Order of the Court, be stricken from the roll of
the bar of this Court for two years, during which time the attorney will not
be permitted to appear pro hac vice. An attorney so removed from the roll
must reapply for admission to the bar of the Court, pay the general
admission fee, and will only be admitted upon the approval of all district
judges. An attorney securing readmission will be added to the current pro
bono panel and assigned to a case at the earliest opportunity.
RULE 83.12 DISCHARGE OF ASSIGNED COUNSEL ON REQUEST OF
PARTY
(a)
Any party for whom counsel has been assigned shall be permitted to
request the judge discharge that counsel from the assignment and assign
another. Such a request shall be made promptly after the party becomes
aware of the reasons giving rise to the request, or within such additional
period as may be permitted by the judge for good cause shown.
(b)
When a request for discharge is supported by good cause, the judge shall
immediately issue an order discharging and relieving assigned counsel
from further representation of the party in the action or appeal. Following
the entry of such an order of discharge, the judge may, in the judge’s
discretion, either enter or not enter a further order directing the assignment
of another counsel to represent the party. In any action where the judge
discharges assigned counsel but does not issue a further order of
assignment, the party shall be permitted to proceed pro se.
(c)
In any action where a second counsel is assigned and subsequently
discharged upon request of a party, no additional assignment shall be made
except on a strong showing of good cause. Any assignments made
following the entry of an order of discharge shall be made in accordance
with the procedures set forth in SDIL-LR 83.9(b).
RULE 83.13 EXPENSES
(a)
The party assigned counsel shall bear the cost of any expenses of the
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litigation or appeal to the extent reasonably feasible considering the party’s
financial condition. Such expenses shall include, but not be limited to,
discovery expenses, subpoena and witness fees, and transcript expenses. It
shall be permissible for assigned counsel, or the firm with which counsel is
affiliated, to advance part or all of the payment of any such expenses
without requiring that the party remain ultimately liable for such expenses,
except out of the proceeds of any recovery. However, the assigned attorney
or firm shall not be required to advance the payment of such expenses. If
the initial partial filing fee payment is advanced by assigned counsel, that
amount is not reimbursable.
(b)
Expenses incurred by counsel assigned under the pro bono program or the
firm with which counsel is affiliated, not otherwise recoverable, may be
reimbursed from the District Court Fund in accordance with Section 2.6 of
the Plan for the Administration of the District Court Fund (available on the
Court’s website), as funds are available, up to the amount allowed for by
the Plan. Absent extraordinary circumstances, motions for reimbursement
out of the District Court Fund shall be made within 30 days after (1) entry
of final judgment, (2) conclusion of the action, or (3) an order granting
assigned counsel relief from assignment in the district court, or
reimbursement is waived.
RULE 83.14 ATTORNEY’S FEES
(a)
Party’s Ability to Pay
If, when assigning counsel, the judge finds the party can pay for legal
services in whole or in part, but assignment is justified, the judge shall
include in the order of assignment provisions for any fee arrangement
between the party and the assigned counsel.
If assigned counsel discovers after assignment that the party can pay for
legal services in whole or in part, counsel shall bring that information to the
attention of the judge.
(b)
Fee Agreements
If assigned counsel wishes to negotiate a fee arrangement with the client,
counsel must do so at the outset of the representation. Any such fee
arrangement is subject to all applicable rules and canons of professional
conduct.
(c)
Allowance of Fees
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Upon appropriate application by assigned counsel, the judge may award
attorney’s fees to assigned counsel for services rendered in the action as
authorized by applicable statute, regulation, rule, or other provision of law.
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APPENDIX A: CRIMINAL RULES
Cr17.1
ISSUANCE OF DEFENSE SUBPOENAS IN A CRIMINAL
CASE
(See Fed. R. Crim. P. 17)
(a)
Cr32.1
Requests under Fed. R. Crim. P. 17(b) are not required to include proposed
or draft subpoenas as attachments but must include a description of the
requested information. If the request is granted, the Clerk’s Office shall
issue blank subpoena(s), signed, and sealed to the defendant.
SENTENCING PROCEDURE AND PRESENTENCE REPORTS
(See Fed. R. Crim. P. 32; 18 U.S.C. § 3552)
(a)
Presentence Interview
The attorney for the defendant will receive notice and a reasonable
opportunity to attend any presentence investigation interview by the
probation officer with the defendant. Defense counsel has the burden of
responding as promptly as possible to enable timely completion of the
presentence report. If an undue delay is caused by defense counsel’s
unavailability, the probation officer will consult with the Court about
proceeding with the interview without counsel.
(b)
(c)
Presentence Investigation Report
(1)
Presentence investigation reports and any objections or responses to
objections concerning the reports are confidential documents and
shall be filed electronically under seal.
(2)
The probation officer’s recommendation on sentencing shall not be
disclosed to anyone other than the Court and shall be filed separately
from the presentence investigation report as a sealed “Court only”
filing following disposition.
Subpoena of Records and Testimony
(1)
When probation records, presentence reports, or testimony by a
probation officer are requested by subpoena or other judicial process,
the probation officer shall file a petition seeking instruction from the
sentencing court for such disclosure. No disclosure will be
authorized except upon an order issued by the sentencing court.
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Cr50.1
DISPOSITION OF CRIMINAL CASES; SPEEDY TRIAL
(See Fed. R. Crim. P. 50; 18 U.S.C. § 3161, et seq.; 18 U.S.C. §§ 5036, 5037)
(a)
The disposition of criminal cases shall be handled and disposed of in
accordance with the District’s Plan for Achieving Prompt Disposition of
Criminal Cases (“Speedy Trial Plan”).
(1)
The Speedy Trial Plan places special requirements on both the
government and the defendant regarding time which may be
excluded from the time allowed by the Speedy Trial Plan, including
an obligation for both parties to review the Clerk of Court’s records
of excusable time for completeness and accuracy.
(2)
The Clerk of Court shall enter judicial determinations of excusable
time on the docket and in such other records as the Court may direct.
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APPENDIX B: BANKRUPTCY CASES AND PROCEEDINGS
(See 28 U.S.C. § 157, 28 U.S.C. § 158, et seq.; 28 U.S.C. §§ 1334(c), 1452(b), 1412)
Br1001.1
MATTERS DETERMINED BY THE BANKRUPTCY JUDGES
(a)
All cases under Title 11 of the 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 Judge.
(b)
It is the intention of this Court that the Bankruptcy Judges be given the
broadest possible authority to administer cases properly within their
jurisdiction, and this Rule shall be interpreted to achieve this end.
(c)
Motions for abstention, 28 U.S.C. § 1334(c); remand, 28 U.S.C. § 1452(b);
transfer of venue, 28 U.S.C. § 157(b)(5); change of venue, 28 U.S.C. § 1412;
withdrawal of reference, 28 U.S.C. § 157(d); and removal of cases under 28
U.S.C. § 1452(a) shall be filed with the Clerk of the Bankruptcy Court.
Br9015.1
(a)
Br9029.1
(a)
JURY TRIAL
If the right to a jury trial applies in a proceeding that may be heard under
Section 157 of Title 28, United States Code, by a Bankruptcy Judge, the
Bankruptcy Judge for the Southern District of Illinois, as well as those
Bankruptcy Judges sitting in this district by designation of the Circuit
Council, are hereby specially designated to exercise such jurisdiction.
ADOPTION OF LOCAL BANKRUPTCY RULES
The rules governing practice and procedure in all cases and proceedings
within the District Court’s bankruptcy jurisdiction shall be the Local Rules
of the United States Bankruptcy Court for the Southern District of Illinois,
adopted by Administrative Order in the District Court on February 1, 1989,
in their present form or as amended or supplemented by the United States
Bankruptcy Court in this District.
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APPENDIX C: UNIFORM TRIAL PRACTICE AND PROCEDURES
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UNIFORM TRIAL PRACTICE AND PROCEDURES
FOR CASES ASSIGNED A PRESUMPTIVE TRIAL MONTH
In conformity with the Civil Justice Reform Act of 1990, and in compliance with
the Civil Justice Expenses and Delay Reduction Plan adopted by this Court, the following
uniform procedures will apply to civil cases filed in the Southern District of Illinois.
Scheduling Practice
Trial settings and other scheduling will vary depending on the track assigned to
the case by the judge to whom the case is randomly assigned. There are four tracks
designated: “A,” “B,” “C,” and “D.” Track A cases are set for trial 8 to 10 months after the
date of first appearance by a defendant or default. Track B cases are set for trial 11 to 14
months after the date of first appearance by a defendant or default. Track C cases are set
for trial 15 to 18 months after the date of first appearance by a defendant or default. Track
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D cases are set for trial 19 to 24 months after the date of first appearance by a defendant
or default.
Except in cases exempted under SDIL-LR 26.1(a), the attorneys and any
unrepresented parties must meet in accord with SDIL-LR 16.2(a) at least 21 days before
any scheduling conference set by the Court to candidly discuss the issues in the case and
potential discovery needs. FED. R. CIV. P. 26(f). Additionally, if the case has been referred
into the Mandatory Mediation Program, the attorneys and any unrepresented parties
shall confer about the Mandatory Mediation Program and attempt to agree upon a
mediator. Within 14 days after this meeting, and at least 7 days before the scheduling
conference, the participants must submit a Joint Report of the Parties and Proposed
Scheduling and Discovery Order via email to the assigned judge or magistrate judge.
All track B, C, and D cases will be set for a scheduling and discovery conference
before the Court within 40 days after the track has been set. The scheduling conference
may be canceled at the discretion of the Court following receipt of the Joint Report of the
Parties regarding their initial meeting. The Judge may approve the parties’ Joint Report
of Parties and Proposed Scheduling and Discovery Order, or enter a separate scheduling
order, as circumstances require.
A final pretrial conference will be held by the trial judge at least 7 days prior to the
first day of the presumptive trial month. The parties shall confer and jointly submit a
Final Pretrial Order 3 days before the date of the final pretrial conference unless otherwise
directed by the presiding judge.
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Disclosures and Discovery Practice
Except in cases exempted under SDIL-LR 26.1, the parties shall comply with the
initial disclosure requirements of Fed. R. Civ. P. 26(a). These initial disclosures must be
supplemented by the parties, depending on the nature of the case and any limitations
placed on discovery at the scheduling conference. The initial disclosures and
supplementation are not to be filed with the Clerk of Court.
A party may not seek discovery from another source until: (a) the party seeking
discovery has made its initial disclosures as required by Fed. R. Civ. P. 26(a), and (b) the
parties have met and conferred as required by SDIL-LR 16.2(a). A party may not seek
discovery from another party before such disclosures have been made by, or are due
from, the other party.
The cut-off date for all discovery, including experts and third parties, shall not be
later than 130 days prior to the first day of the month of the presumptive trial date.
Disclosure of experts and discovery with reference to experts and other discovery dates
will be set according to the Joint Report of the Parties following their initial meeting or at
the scheduling and discovery conference.
Motion Practice
Motions to remand, motions to dismiss, motions for judgment on the pleadings,
motions for summary judgment, and all post-trial motions shall be supported by a brief.
The motion and brief may be combined into a single submission.
The following briefing schedule and page limits apply unless the presiding judge
has entered an order modifying the schedule/limits in a particular case.
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Adverse parties have 30 days after the service of a motion/brief to file a response.
Motions/briefs and responses shall be no longer than 20 double-spaced typewritten
pages in 12-point font. Reply briefs are not favored and should be filed only in
exceptional circumstances. Reply briefs, if any, shall be filed within 14 days of the service
of a response and shall be no longer than 5 pages. Sur-reply briefs are not permitted.
For all motions other than those listed above, a supporting brief is not required.
A party opposing such a motion shall have 14 days after service to file a written response.
Failure to file a timely response to a motion, in the Court’s discretion, may be considered
an admission of the merits of the motion. Reply briefs are not favored and should be
filed only in exceptional circumstances. Reply briefs shall be filed within 7 days of
service of the response.
A party may not schedule or notice a hearing or oral argument on a pending
motion. Any party desiring oral argument on a motion shall file a formal motion and
state the reason why oral argument is requested.
MONICA A. STUMP, Clerk of Court
Page 66 of 66
JUDICIAL COUNCIL OF THE SEVENTH CIRCUIT
219 SOUTH DEARBORN STREET
CHICAGO, ILLINOIS 60604
SARAH O. SCHRUP
CIRCUIT EXECUTIVE
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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.