Local Rules of the United States District Court Northern District of

Local Rules of the

United States District Court

Northern District of Illinois

(effective September 1, 1999 with amendments through July 1, 2024)

Contents

LR 3.1. Designation Sheet .................................................................................................................. 9

LR 3.2. Notification as to Affiliates.................................................................................................... 9

LR 3.3. Payment of Fees in Advance, In Forma Pauperis Matters, Sanctions ................................. 10

LR 4. Service in In Forma Pauperis Cases ....................................................................................... 11

LR 5.1. Place of Filing, Division ...................................................................................................... 12

LR 5.2. Electronic and Paper Documents Filed ................................................................................ 12

LR 5.3. Motions: Review of Judge’s Procedures and Notice of Motions and Objections ............... 13

LR 5.4. Motions: Filing Notice & Motion ........................................................................................ 14

LR 5.5. Proof of Service ................................................................................................................... 14

LR 5.6. Filing Documents by Non-parties ........................................................................................ 14

LR 5.7. Filing Cases Under Seal ....................................................................................................... 15

LR 5.8. Filing Materials Under Seal ................................................................................................. 15

LR 5.9. Service by Electronic Means ............................................................................................... 17

LR 7.1. Briefs: Page Limit ................................................................................................................ 17

LR 8.1. Social Security Cases: Notice of Social Security Number .................................................. 17

LR 9.1. Three Judge Cases ............................................................................................................... 17

LR10.1. Responsive Pleadings ......................................................................................................... 18

LR16.1. Standing Order Establishing Pretrial Procedure ................................................................. 18

LR16.1.1. Pretrial Procedures ........................................................................................................... 22

LR16.2. Pretrial Conferences and Status Hearings ........................................................................... 22

LR16.3. Voluntary Mediation Program ............................................................................................ 22

LR16.4. Scheduling in Social Security Cases ................................................................................... 23

LR17.1. Actions By or On Behalf of Infants or Incompetents ......................................................... 23

LR24.1. Notice of Claims of Unconstitutionality ............................................................................. 23

LR26.1. Scheduling Conference ....................................................................................................... 23

LR26.2. Sealed Documents............................................................................................................... 24

LR26.3. Discovery Materials Offered in Evidence as Exhibit ......................................................... 25

LR26.4. Testimony for Use in Foreign Tribunals ............................................................................. 25

LR27.1. Depositions: Fees for Attorneys Appointed to Represent Absent Party ............................. 26

LR 33.1. Interrogatories, Form of Answer, Objections .................................................................... 26

LR 37.1. Contempts .......................................................................................................................... 26

LR 37.2. Motion for Discovery and Production ............................................................................... 27

LR 40.1. Assignment of Cases: General ........................................................................................... 27

LR 40.2. Assignment Procedures...................................................................................................... 31

LR 40.3. Direct Assignment of Cases ............................................................................................... 31

LR 40.3.1 Assignments Involving Bankruptcy................................................................................. 33

LR 40.4. Related Cases, Reassignment of Cases as Related ............................................................ 34

LR 40.5. Remands, Procedures for Following Appeals .................................................................... 35

LR 41.1. Dismissal for Want of Prosecution or By Default ............................................................. 36

LR 45.1. Attaching a Note to the Subpoena Permitted ..................................................................... 36

LR 47.1. Juries .................................................................................................................................. 36

LR 48.1. Contact with Jurors ............................................................................................................ 36

LR 53.1. Masters ............................................................................................................................... 37

LR 54.1. Taxation of Costs ............................................................................................................... 37

LR 54.2. Jury Costs for Unused Panels ............................................................................................ 38

LR 54.3. Attorney's Fees and Related Non-taxable Expenses .......................................................... 38

LR 54.4. Judgment of Foreclosure .................................................................................................... 42

LR 54.5. Stipulation Regarding Payment of Fees and Costs Not Prepaid ........................................ 42

LR 56.1. Motions for Summary Judgment ....................................................................................... 42

LR 56.2. Notice to Unrepresented Litigants Opposing Summary Judgment ................................... 45

LR 58.1. Satisfaction of Judgment .................................................................................................... 51

LR 62.1. Supersedeas Bond .............................................................................................................. 51

LR 65.1. Sureties on Bonds .............................................................................................................. 51

IV. Federal Rule of Civil Procedure 56 and Local Rule 56.1 ...................................................... 50

LR 65.1.1. Notice of Motion to Enforce Liability of Supersedeas Bond ......................................... 52

LR 65.2. Approval of Bonds by the Clerk ........................................................................................ 52

LR 65.3. Security for Costs............................................................................................................... 52

LR 66.1. Receivers; Administration of Estates ................................................................................. 52

LR 67.1. Investment of Funds Deposited With Clerk ...................................................................... 53

LR 69.1. Notice of Sale..................................................................................................................... 54

LR 72.1. Designated Magistrate Judges: Referrals ........................................................................... 55

LR 73.1. Magistrate Judges: Reassignment on Consent ................................................................... 55

LR 77.1. Places of Holding Court ..................................................................................................... 57

LR 77.2. Emergencies; Emergency Judges....................................................................................... 57

LR 77.3. Clerk to Sign Certain Orders ............................................................................................. 58

LR 78.1. Motions: Filing in Advance of Hearing ............................................................................. 58

LR 78.2. Motions: Denial for Failure to Prosecute ........................................................................... 59

LR 78.3. Motions: Briefing Schedules, Oral Arguments, Failure to File Brief ................................ 59

LR 78.4. Motions: Copies of Evidentiary Matter to be Served ........................................................ 59

LR 78.5. Motions: Request for Decision; Request for Status Report ............................................... 59

LR 79.1. Records of the Court .......................................................................................................... 60

LR 79.2. Redemption from Judicial Sales ........................................................................................ 60

LR 80 International Arbitration Cases. ............................................................................................. 60

LR 81.1. Complaints Under the Civil Rights Act, 42 U.S.C. §1983, by Persons in Custody .......... 61

LR 81.2. Removals, Remands of Removals ..................................................................................... 61

LR 81.3. Habeas Corpus Proceedings by Persons in Custody .......................................................... 61

LR 81.4. Habeas Corpus Proceedings in Deportation Cases ............................................................ 62

LR 83.1. Court Facilities: Limitations on Use .................................................................................. 63

LR 83.2. Oath of Master, Commissioner, etc. .................................................................................. 64

LR 83.3. Publication of Advertisements ........................................................................................... 64

LR 83.4. Transfers of Cases Under 28 U.S.C. §§ 1404, 1406, 1412 ................................................ 64

LR 83.5. Confidentiality of Alternative Dispute Resolution Proceedings ........................................ 65

LR 83.10. General Bar ...................................................................................................................... 65

LR 83.11. Trial Bar ........................................................................................................................... 66

LR 83.12. Appearance of Attorneys Generally ................................................................................. 69

LR 83.13. Representation by Supervised Senior Law Students ........................................................ 70

LR 83.14. Appearance by Attorneys Not Members of the Bar ......................................................... 70

LR 83.15. Local Counsel: Designation for Service ........................................................................... 71

LR 83.16. Appearance Forms ............................................................................................................ 71

LR 83.17. Withdrawal, Addition, and Substitution of Counsel ......................................................... 72

LR 83.18. Transfer to Inactive Status ................................................................................................ 72

LR 83.25. Disciplinary Proceedings Generally ................................................................................. 73

LR 83.26. Discipline of Attorneys Disciplined by Other Courts ....................................................... 75

LR 83.27. Discipline of Convicted Attorneys ................................................................................... 76

LR 83.28. Discipline of Attorneys for Misconduct ........................................................................... 77

LR 83.29. Discipline: Assignment of Investigation Counsel ............................................................ 79

LR 83.30. Reinstatement ................................................................................................................... 79

LR 83.31. Duties of the Clerk ........................................................................................................... 80

LR 83.35. Pro Bono Program ............................................................................................................ 81

LR 83.36. Assignment Procedures .................................................................................................... 81

LR 83.37. Duties & Responsibilities of Assigned Counsel .............................................................. 81

LR 83.38. Relief from Assignment ................................................................................................... 83

LR 83.39. Discharge of Assigned Counsel on Request of Party ....................................................... 84

LR 83.40. Expenses ........................................................................................................................... 85

LR 83.41. Attorney's Fees ................................................................................................................. 85

LR 83.50. Rules of Professional Conduct ......................................................................................... 86

LR 83.58.5. Jurisdiction .................................................................................................................... 86

ADMIRALTY RULES ..................................................................................................................... 88

LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules ............................................ 88

LRSupB.1. Attachments & Garnishments: Special Provisions ........................................................ 88

LRSupC.1. Actions in Rem: Special Provisions ............................................................................... 89

LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions ................................................ 89

LRSupE.2. Appraisal ........................................................................................................................ 90

LRSupE.3. Safekeeping of Vessels; Movement Within Port ........................................................... 90

LRSupE.4. Judicial Sale ................................................................................................................... 91

CRIMINAL RULES ......................................................................................................................... 92

LCR 1.1. Adoption of Rules ............................................................................................................. 92

LCR 1.2. Applicability of Local Civil Rules .................................................................................... 92

LCR 5.1. Duty Magistrate Judge ...................................................................................................... 92

LCR6.1. Chief Judge to Supervise Grand Jury ................................................................................. 92

LCR6.2. Records of the Grand Juries in the Possession of the Clerk ............................................... 92

LCR 10.1. Arraignments ................................................................................................................... 93

LCR 11.1. Pleas by Corporate Defendants ....................................................................................... 93

LCR 12.1. Pretrial Motions ............................................................................................................... 93

LCR 16.1. Pretrial Discovery and Inspection ................................................................................... 94

LCR 31.1. Contact With Jurors......................................................................................................... 94

LCR 32.1. Presentence Investigations .............................................................................................. 94

LCR 32.1.1. Petitions & Reports Relating to Modification of Terms of Probation or Supervised

Release .............................................................................................................................................. 97

LCR 32.3. Confidentiality of Records Relating to Presentence Investigation Reports and Probation

Supervision ....................................................................................................................................... 97

LCR 41. Search Warrants ................................................................................................................. 98

LCR 44.1. Interim CJA Payments .................................................................................................... 98

LCR 46.1. Bail Bonds ..................................................................................................................... 100

LCR 46.2. Pretrial Services Agency ............................................................................................... 100

LCR 46.3. Notifying Pretrial Services Agency of Arrest and Filing of Case ................................. 101

LCR 46.4. Confidentiality of Pretrial Services Information and Reports....................................... 101

LCR 47.1. Motions ......................................................................................................................... 102

LCR 50.1. Related Cases: Reassignment of Cases as Related ....................................................... 103

LCR 50.2. Direct Assignments: Criminal ....................................................................................... 103

LCR 50.3. Magistrate Judges: Assignments and Referrals............................................................. 104

LCR 50.4. Magistrate Judges: Reviews and Appeals ..................................................................... 105

LCR 57.1. Attorneys: Filing Appearances ...................................................................................... 105

LCR 57.2. Release of Information by Courthouse Personnel ......................................................... 105

LCR 58.1. Petty Offenses; Central Violations Bureau ................................................................... 106

Appendix A ..................................................................................................................................... 107

Appendix B ..................................................................................................................................... 108

Appendix C ..................................................................................................................................... 109

Appendix D ..................................................................................................................................... 110

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS .......................... 110

A. Creation of the Fund; Purpose of Plan ....................................................................................... 110

B. Executive Committee to Advise ................................................................................................ 110

C. Custodian of the Fund ................................................................................................................ 111

D. Duties and Responsibilities of the Custodian ............................................................................ 111

E. Responsibilities upon Appointment of a Successor Custodian ................................................ 111

F. Audits and Inspections ............................................................................................................. 111

G. Protection of the Fund’s Assets ............................................................................................... 111

H. Limitations on Use of Funds .................................................................................................... 112

I. Uses of the Funds ..................................................................................................................... 112

J. Out-of-pocket Expenses in Pro Bono Cases ............................................................................ 113

K. Dissolution of the Fund ........................................................................................................... 113

D.C.F. REG.1 ELIGIBILITY FOR PREPAYMENT OR REIMBURSEMENT OF

EXPENSES 116

D.C.F. REG.2 LIMITATIONS ON ELIGIBILITY .................................................................... 116

A. Not Applicable if C.J.A. Funds are Available .................................................................................. 116

B. Limited to Civil Actions Before the District Court ......................................................................... 116

C. Expenses not Covered ................................................................................................................... 116

D. Reimbursement and Prepayment Where Party is Awarded or Receives More than $50,000 ..... 116

D.C.F. REG.3 PROCEDURES FOR OBTAINING PREPAYMENTS OR REIMBURSEMENTS .................. 117

A. Request for Authority to Incur Expenses ...................................................................................... 117

B. Request for Prepayment or Reimbursement of Expenses ............................................................ 117

C. Requests for Reimbursement by Attorney No Longer Representing Party .................................. 117

D. Request May be Made Ex Parte .................................................................................................... 117

E. Processing by Clerk........................................................................................................................ 117

F. Amounts Paid From Fund to be Reimbursed From Any Fee Award ............................................. 118

G. Approvals Required for Reimbursement ...................................................................................... 118

D.C.F. REG.4 EXPENSES AND COSTS COVERED BY REGULATIONS ....................... 118

A. C.J.A. Limits To Apply In Absence Of Specific Limits ..................................................................... 118

B. Deposition and Transcript Costs ................................................................................................... 119

C. Travel Expenses ............................................................................................................................. 119

D. Service of Papers; Witness Fees .................................................................................................... 119

E. Interpreter Services ....................................................................................................................... 119

F. Costs of Photocopies, Photographs, Telephone Toll Calls, Telegrams ......................................... 119

G. Experts ........................................................................................................................................... 119

H. Other Expenses ............................................................................................................................. 120

POLICIES ADOPTED BY THE ADVISORY COMMITTEE REGARDING THE

REGULATIONS............................................................................................................................. 121

1) PAYMENT OF EXPENSES UNDER THE PROVISIONS OF SECTION I(12) OF THE

PLAN FOR THE ADMINISTRATION OF THE DISTRICT COURT FUND......................... 121

2) AUTHORITY OF CUSTODIAN TO MAKE DISBURSEMENTS UNDER THE

PROVISIONS OF SECTION I(12) OF THE PLAN FOR THE ADMINISTRATION OF THE

DISTRICT COURT FUND ........................................................................................................ 121

LOCAL RULES INDEX ................................................................................................................ 122

LR 3.1. Designation Sheet

(a) Plaintiff’s Counsel to File Designation Sheet. At the time of filing a case, plaintiff's counsel,

or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation

sheet (civil cover sheet). If the case is filed by a person in custody, the staff law clerk or prisoner

correspondence clerk shall complete the designation sheet.

(b) List of Associated Bankruptcy Matters. Pursuant to LR 40.3.1, the person filing the petition

for withdrawal of reference, report and recommendation, appeal, motion for leave to appeal, or

application for a writ shall complete the designation sheet required by LR 3.1 and shall include on

the sheet a list of any associated bankruptcy cases, adversary proceedings, non-core proceedings,

appeals or motions for leave to appeal, or application for a writ from such proceedings previously

assigned to one or more district judges.

a multidistrict litigation (MDL) proceeding that is before a judge of this Court, the person filing the

designation sheet shall, at the same time, file an affidavit identifying the number assigned to the

MDL proceeding by the Judicial Panel on Multidistrict Litigation and the name of the presiding

judge.

Amended February 25, 2005; April 2, 2012

LR 3.2. Notification as to Affiliates

(a) Definition. For purposes of this rule, “affiliate” is defined as any entity or individual owning,

directly or indirectly (through ownership of one or more other entities), 5% or more of a party.

(b) Who Must File. Any nongovernmental party, other than an individual or sole proprietorship,

shall file a Notification of Affiliates.

known to the party after a diligent review; or state that after a diligent review the party has

identified no affiliates.

(d) Time for Filing. A party must file the statement with its first appearance, pleading, petition,

motion, response, or other request addressed to the court.

(e) How to File. The statement is to be electronically filed as a PDF in conjunction with entering

the affiliates in CM/ECF as prompted.

(f) Supplemental Statement. A supplement to the statement shall be filed within thirty (30) days

of the party becoming aware of any change in the information reported. A party shall undertake

good faith efforts to remain apprised of any such changes.

Amended April 20, 2007, December 21, 2021, April 21, 2022, and May 5, 2022.

LR 3.3. Payment of Fees in Advance, In Forma Pauperis Matters, Sanctions

(a) Definitions. The following definitions shall apply to this rule:

(1) “IFP petition” means a petition for leave to proceed in forma pauperis, i.e., without

prepayment of prescribed fees.

(2) “Financial affidavit” means the form of affidavit of financial status prescribed by the

Court.

(b) Prepayment Required. Any document submitted for filing for which a filing fee is required

must be accompanied either by the appropriate fee or an IFP petition. Not withstanding this

provision, the clerk will file any document including a complaint in a civil action, a notice of

appeal, or other document for which a filing fee is prescribed, without prepayment, but such filings

shall be subject to the sanctions set forth in section (f) of this Rule.

assigned to a judge. The complaint shall be stamped received as of the date presented. The clerk

shall promptly forward the IFP petition and all other papers to the judge to whom it is assigned.

(d) Date of filing. If the judge grants the IFP petition, the complaint shall be filed as of the date of

the judge’s order except that where the complaint must be filed within a time limit and the order

granting leave to file is entered after the expiration of that time limit, the complaint shall be

deemed to have been filed:

(1) in the case of any plaintiff in custody, as of the time of the plaintiff’s delivery of the

complaint to the custodial authorities for transmittal to the court; or

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

(e) Disposition of the IFP petition. In addition to granting or denying an IFP petition, the judge

may order the payment of a partial filing fee when the plaintiff’s financial circumstances so

warrant.

(f) Notice of fees due; sanctions. Upon denial of an IFP petition, the clerk shall notify the plaintiff

of the amount of fees due. If the required fees are not paid within 15 days of the date of such

notification, or within such other time as may be fixed by the court, the clerk shall notify the judge

before whom the matter is pending of the nonpayment. The court may then apply such sanctions as

it determines necessary including dismissal of the action.

(g) Service of Summonses by United States Marshal. Where an order is entered granting the IFP

petition, that order shall, unless otherwise ordered by the court, stand as authority for the United

States Marshal to serve summonses without prepayment of the required fees. Amended 03/29/18

LR 3.4. Notice of Claims Involving Patents or Trademarks

In order to assist the clerk in complying with the requirement to notify the commissioner, any party

filing a pleading, complaint, or counterclaim which raises for the first time a claim arising under

the patent and trademark laws of the United States (U.S. Code, Titles 15 and 35) shall file with the

pleading, complaint, or counterclaim a separate notice of claims involving patents or trademarks.

That notice shall include for each patent the information required by 35 U.S.C. §290; and for each

trademark the information required by 15 U.S.C. §1116(c).

LR 4. Service in In Forma Pauperis Cases

In civil matters in which the plaintiff is authorized to proceed in forma pauperis pursuant to 28

U.S.C. § 1915, service shall be accomplished in the manner set forth in the subsections below.

(a) Service upon the United States, an agency of the United States, or officials of the United States

or its agencies in their official capacity, shall be accomplished by plaintiff by registered or certified

mail pursuant to Fed.R.Civ.P.4(i), except in certain cases under the Social Security Act that are

described in subsection (b).

(b) Where a complaint for administrative review is filed pursuant to 42 U.S.C. § 405(g) concerning

benefits under the Social Security Act, unless otherwise ordered, by agreement with the United

States Attorney, no service of initial process (i.e., summons and complaint) shall be required in any

case (not limited to in forma pauperis cases). The Social Security Administration will treat

notification through the court’s Case Management and Electronic Filing System (CM/ECF) as

service under Rule 4 of the Federal Rules of Civil Procedure.

regardless of whether or not the $5 filing fee has been paid, service will be pursuant to the

agreement, set forth in Appendix 1 to these Local Rules, between the Attorney General of Illinois

and the Court.

(d) In any action in which the U.S. Marshal has been designated to effectuate service, the U.S.

Marshal is requested to send the complaint and appropriate papers for waiver of service to the

named defendant (including defendant federal officials sued in their individual capacities) pursuant

to Rule 4(d). If a defendant neither returns the waiver nor files a responsive pleading within the

required time, the Court will notify the U.S. Marshal of the need for personal service on that

defendant. If the U.S. Marshal then effects personal service on the defendant, the Court will impose

the costs of service on the defendant consistent with Fed.R.Civ.P.4(d)(2).

(e) In actions in which the U.S. Marshal has been designated to effectuate service pursuant to this

rule, the following time limits shall apply to waiver of service notice and requests:

(1) The notice and request for waiver of service shall allow the defendant a reasonable

time to return the waiver, which shall be 30 days after the date on which the request is

sent or 60 days after that date if the defendant is addressed outside any judicial district of

the United States.

(2) A defendant that, before being served with process, timely returns a waiver so

requested, is not required to serve an answer to the complaint until 60 days after the

date on which the request for waiver of service was sent, or 90 days after that date if the

defendant was addressed outside any judicial district of the United States.

Amended October 2, 2012

LR 5.1. Place of Filing, Division

Except as otherwise ordered, all filings shall be made in the divisional office of the division to

which the case is assigned provided that a document initiating a case that should be filed in one of

the divisions of this Court may be presented for filing to the assignment clerk of the other division.

In such instances, the person filing the document should clearly indicate that it is to be filed in the

other division. The case will be numbered and assigned as if it were filed in the proper division.

Following the assignment, the clerk will promptly forward the papers to the proper divisional

office.

LR 5.2. Electronic and Paper Documents Filed

a) Filing Electronically. A person represented by an attorney must file documents electronically,

unless nonelectronic filing is allowed by the court for good cause. A person not represented by an

attorney may file documents electronically only after successful completion of a Clerk’s Office

administered class on how to file electronic documents in this Court and then may file documents

only after the complaint has been filed in paper format. The filing must comply with procedures

established by the court as set forth in the General Order on Electronic Case Filing

b) Filing in Paper. A person not represented by an attorney may file paper documents as follows:

(1) in person at the Clerk’s Office, (2) by United States Mail, (3) by overnight delivery or courier

service, (4) by using the drop box in the Courthouse, or (5) by having another individual hand

deliver the document to the Clerk’s Office.

c) Official Court Record. Where a document is submitted in an electronic format pursuant to

procedures established by the court, submitted in both electronic and paper formats, or submitted in

paper and subsequently converted to an electronic format by court staff, the electronic version shall

be the court's official record. Where a document is submitted in paper format without an electronic

version being docketed, the paper version shall be the court's official record. Where the electronic

version of a document is a redacted version of an unredacted paper document, the unredacted paper

version shall be the court's official record.

d) Filing by Email or FAX Not Permitted. Documents to be filed with the court may not be

transmitted to the court by Email or FAX. The only means of filing documents with the court

electronically is in accordance with LR 5.2(a) and the General Order on Electronic Case Filing or

other similar General Order.

(e) Document Format. Any paper shall be flat and unfolded on opaque, unglazed, white paper 8½

x 11 inches in size. It shall be plainly written, typed, printed, or prepared by means of a duplicating

process, without erasures or interlineations which materially deface it.

Where the document is typed, line spacing will be at least 2.0 lines. Where it is typed or printed,

(1) the size of the type in the body of the text shall be 12 points and that in footnotes, no less than

11 points, and

(2) the margins, left-hand, right-hand, top, and bottom, shall each be a minimum of 1 inch.

Documents filed electronically must conform to these requirements.

(f) Binding and Tabs. Each paper original shall be bound or secured at the top edge of the

document by a staple or a removable metal paper fastener inserted through two holes. A paper

original shall not have a front or back cover. A paper original shall not have protruding tabs.

Exhibits or tabs that are part of the paper original shall be indicated in bold type on a single sheet

of paper placed immediately before the corresponding exhibit or attachment. Unless not reasonably

feasible, exhibits to paper originals shall be 8½ x 11 inches in size.

(g) Documents Not Complying May be Stricken. Any document that does not comply with this

rule shall be filed subject to being stricken by the court.

(h) Searchable Text and Hyperlinks. In creating documents for filing through the EFiling system,

parties are encouraged to make documents text searchable and to use hyperlinks to link table of

contents headings with section headings and textual citations to cases, exhibits, and other materials

filed in the case.

(i) Redaction of Transcripts Filed Electronically. If a party or an attorney for a party files a

written request to redact specific portions of a transcript pursuant to either Federal Rule of Civil

Procedure 5.2 or Federal Rule of Criminal Procedure 49.1, the court reporter is ordered by the

Court to make that redaction. Any other redaction request must be made by motion to the court.

Amended October 23, 2013, November 22, 2013,

December 30 , 2020, and May 18, 2023

LR 5.3. Motions: Review of Judge’s Procedures and Notice of Motions and

Objections

(a) Review Judge’s Procedures. Parties should consult the assigned judge’s web page on the

Court’s website regarding the judge’s procedures on filing and presenting motions.

(b) A judge may require a motion or an objection to a magistrate judge’s order to be accompanied

by a notice of presentment specifying the date and time on which, and judge before whom, the

motion or objection is to be presented. The date of presentment shall be not more than 14 days

following the date on which the motion or objection is delivered to the court pursuant to LR 78.1.

Amended October 2, 2002; March 27, 2003; November 19, 2009; June 29, 2023

LR 5.4. Motions: Filing Notice & Motion

Filing of papers shall be with the clerk unless a particular judge has provided for filing in the

judge’s chambers. The clerk shall maintain a list of the delivery requirements of each judge and

post a copy in a public area of the clerk’s office.

Where a motion is delivered to the clerk that does not comply with the scheduling requirements

established by the judge pursuant to LR 78.1 or is scheduled before a judge who, pursuant to this

rule, has directed that the motions are to be delivered to the minute clerk assigned to the judge or to

the judge’s chambers, the clerk shall inform the person offering the motion of the correct

procedure. If the person insists on delivering it to the clerk, the clerk shall accept it and attach to it

a note indicating that the person delivering it was advised of the scheduling or delivery

requirements.Local Rule 5.4 Abrogated Per General Order 23-0026 on July 6, 2023.

LR 5.5. Proof of Service

(a) When a Certificate of Service is required. A certificate of service is required only when

service of a document filed on the Court’s E-Filing system is made on a recipient who is not an E-

Filer listed on the docket of the proceeding.

(b) E-Filer Defined. An E-Filer is a person who is registered in this court according to the

General Order on Electronic Filing.

documents required to be served by Fed.R.Civ.P. 5(a) in a manner authorized by Fed.R.Civ.P. 5(b)

and (c). The certificate shall identify the person(s) served, the date and manner of service, and, if

by FAX, a transaction statement confirming that the transmission was received.

(d) Ex Parte Motion. A motion for an ex parte order shall be accompanied by an affidavit

showing cause for withholding service and stating whether or not a previous application for similar

relief has been made.

Amended December 30, 2020

LR 5.6. Filing Documents by Non-parties

No pleading, motion [except for motion to intervene], or other document shall be filed in any case

by any person who is not a party thereto, unless approved by the court. Absent such an order, the

clerk shall not accept any document tendered by a person who is not a party. Should any such

document be accepted inadvertently or by mistake in the absence of such an order, it may be

stricken by the court on its own motion and without notice.

LR 5.7. Filing Cases Under Seal

(a) GENERAL. The clerk is authorized to accept a complaint for filing and treat that complaint

and the accompanying papers as if they were restricted pursuant to LR26.2 where the complaint is

accompanied by a written request containing the following:

(1) the name, address, and signature of the party or counsel making the request;

(2) a statement indicating that the party believes that due to special circumstance which

the party will promptly bring to the attention of the judge to whom the case is to be

assigned, it is necessary to restrict access to the case at filing;

(3) a statement that the party is aware that absent an order extending or setting aside the

sealing, the file and its contents will become public on the seventh day following the date

of filing; and

(4) the attorney’s or party’s e-mail address if the attorney or party is registered as a Filing

User of electronic case filing, the caption of the case, and the title of the document.

Absent any order to the contrary, the contents of the case file shall be treated as restricted

documents as defined by LR26.2 for seven days following the day on which the

complaint was filed. Except as otherwise ordered, on the seventh day the file will no

longer be treated as restricted.

(b) Filings Under 31 U.S.C. §3730. The procedures set forth in section (a) shall also be followed

in filing complaints in camera pursuant to 31 U.S.C. § 3730 with the following modifications:

(1) the person presenting the complaint for filing in camera shall state in the instructions to

the assignment clerk that the complaint is being filed pursuant to 31 U.S.C. § 3730; and

(2) unless otherwise ordered by the court, the matter shall remain restricted for the period

specified in 31 U.S.C. § 3730.

Committee Comments

LR 5.7 is amended to ensure it is in compliance with LR26.2 – Restricted Documents

Amended April 20, 2006

LR 5.8. Filing Materials Under Seal

Any document to be filed under seal shall be filed in compliance with procedures established by

the Clerk of Court and approved by the Executive Committee. All attorneys and unrepresented

parties with an electronic filing account, shall file sealed documents pursuant to LR 26.2 and

should do so electronically by way of the Court’s electronic case management system. Except

where pursuant to court order a restricted or sealed document as defined by LR26.2 is not filed

electronically

(A) by an attorney or by an unrepresented party with an e-filing account: the paper documents shall

be accepted by the Clerk of Court. The Clerk of Court shall file those paper documents in the

appropriate case, but those documents are to be filed as unsealed and publicly available.

(B) by an unrepresented party without an e-filing account: the paper documents shall be accepted

by the Clerk of Court. Where restricted or sealed documents are submitted under this provision,

they must be accompanied by a cover sheet which shall include the following:

(1) the caption of the case, including the case number;

(2) the title "Sealed Document Pursuant to LR26.2";

(3) a statement indicating that the document is filed under seal in accordance with an order of the

court and the date of that order; and

(4) the signature of the unrepresented party filing the document, the party's name and address, and

the title of the document.

Any document purporting to be a sealed document as defined in LR26.2 that is not filed in

compliance with such procedures shall be processed like any other document and filed as unsealed

and publicly available on the Court’s electronic case management system. In such instances, where

the document has been submitted in paper and does not show, on the coversheet, compliance with

all four of the requirements listed above, the Clerk of Court is authorized to open the sealed

envelope and remove the materials for processing as an unsealed document.

Committee Comment: Information about the procedures to file a document under seal

electronically can be found on the court’s website under the “E-filing” tab.

Committee Comment on January 2019 revision: The purpose of the amendment is to ensure that

the Clerk and the Clerk’s Office staff are not responsible for paper copies of under-seal materials.

Amended April 20, 2004; November 5, 2009; May 18, 2012; April 22, 2019;

LR 5.9. Service by Electronic Means

In accordance with the General Order on Electronic Case Filing and subject to the provisions of

Fed. R. Civ. P. 5(b)(3), the Notice of Electronic Filing that is issued through the court's Electronic

Case Filing System will constitute service as to all Filing Users in a case assigned to the court's

Electronic Case Filing System.

Amended 10/24/16

LR 7.1. Briefs: Page Limit

Neither a motion nor brief in support of or in opposition to any motion nor objections to a report

and recommendation or order of a magistrate judge or special master, shall exceed 15 pages

without prior approval of the court. Briefs that exceed the 15 page limit must have a table of

contents with the pages noted and a table of cases. Any brief or objection that does not comply with

this rule shall be filed subject to being stricken by the court.

Amended September 12, 2019

LR 8.1. Social Security Cases: Notice of Social Security Number

Where a complaint for judicial review is filed pursuant to 42 U.S.C. § 405(g) and/or 42 U.S.C. §

1383(c)(3);

(a) The complaint shall include the full Social Security number of the plaintiff, including that of a

minor plaintiff not otherwise identified by his or her full name. If the plaintiff’s application for

Social Security benefits was filed on another person’s wage-record, that person’s Social Security

number shall also be included in the complaint.

(b) The Social Security Administration’s filing of the certified administrative record, in and of

itself, shall suffice as the agency’s answer to the complaint.

Amended January 31, 2014, May 23, 2014

LR 9.1. Three Judge Cases

The party instituting an action requiring a three-judge court shall advise the clerk that such a court

is requested and shall specify the statute involved. In such cases counsel shall furnish the clerk with

three additional copies of all pleadings filed and all briefs submitted.

LR10.1. Responsive Pleadings

Responsive pleadings shall be made in numbered paragraphs each corresponding to and stating a

concise summary of the paragraph to which it is directed.

LR16.1. Standing Order Establishing Pretrial Procedure

(Adopted Pursuant to General Order of 26 June 1985; Amended Pursuant to General Orders

of 27 November 1991 and 9 March 1995)

1. Introduction

This pretrial procedure is intended to secure a just, speedy, and inexpensive determination of the

issues. If the type of procedure described below does not appear calculated to achieve these ends in

this case, counsel should seek an immediate conference with the judge and opposing counsel so

that alternative possibilities may be discussed. Failure of either party to comply with the substance

or the spirit of this Standing Order may result in dismissal of the action, default or other sanctions

appropriate under Fed. R. Civ. P. 16 or 37, 28 U.S.C. §1927 or any other applicable provisions.

Parties should also be aware that there may be variances in the forms and procedures used by each

of the judges in implementing these procedures. Accordingly, parties should contact the minute

clerk for the assigned judge for a copy of any standing order of that judge modifying these

procedures.

2. Scheduling Conference

Within 60 days after the appearance of a defendant and within 90 days after the complaint has been

served on a defendant in each civil case (other than categories of cases excepted by local Civil Rule

16.1), the court will usually set a scheduling conference (ordinarily in the form of a status hearing)

as required by Fed.R.Civ.P. 16. At the conference, counsel should be fully prepared and have

authority to discuss any questions regarding the case, including questions raised by the pleadings,

jurisdiction, venue, pending motions, motions contemplated to be filed, the contemplated joinder of

additional parties, the probable length of time needed for discovery and the possibility of settlement

of the case. Counsel will have the opportunity to discuss any problems confronting them, including

the need for time in which to prepare for trial.

3. Procedures for Complex or Protracted Discovery

If at any time during the scheduling conference or later status, hearings it appears that complex or

protracted discovery will be sought, the court may

(a) determine that the Manual on Complex Litigation 2d be used as a guide for

procedures to be followed in the case, or

(b) determine that discovery should proceed by phases, or

Fed.R.Civ.P. 26 (f).

If the court elects to proceed with phased discovery, the first phase will address information

necessary to evaluate the case, lay the foundation for a motion to dismiss or transfer, and explore

settlement. At the end of the first phase, the court may require the parties to develop a joint written

discovery plan under Fed.R.Civ.P. 26 (f) and this Standing Order.

If the court requires parties to develop a discovery plan, such plan shall be as specific as possible

concerning dates, time, and places discovery will be sought and as to the names of persons whose

depositions will be taken. It shall also specify the parties' proposed discovery closing date. Once

approved by the court, the plan may be amended only for good cause. Where the parties are unable

to agree on a joint discovery plan, each shall submit a plan to the court. After reviewing the

separate plans, the court may take such action as it deems appropriate to develop the plan.

Where appropriate, the court may also set deadlines for filing and a time framework for the

disposition of motions.

4. Discovery Closing Date

In cases subject to this Standing Order, the court will, at an appropriate point, set a discovery

closing date. Except to the extent specified by the court on motion of either party, discovery must

be completed before the discovery closing date. Discovery requested before the discovery closing

date, but not scheduled for completion before the discovery closing date, does not comply with this

order.

5. Settlement

Counsel and the parties are directed to undertake a good faith effort to settle that includes a

thorough exploration of the prospects of settlement before undertaking the extensive labor of

preparing the Order provided for in the next paragraph. The court may require that representatives

of the parties with authority to bind them in settlement discussions be present or available by

telephone during any settlement conference.

If the parties wish the court to participate in a settlement conference, counsel should ask the court

or the minute clerk to schedule such conference. In a case where the trial will be conducted without

a jury, particularly as the case nears the date set for trial, the preferred method of having the court

preside over settlement talks is for the assigned judge to arrange for another judge to preside or to

refer the task to a magistrate judge. If the case has not been settled and is placed on the court's trial

calendar, settlement possibilities should continue to be explored throughout the period before trial.

If the case is settled, counsel shall notify the minute clerk promptly and notice up the case for final

order.

6. Final Pretrial Order

The court will schedule dates for submission of a proposed final pretrial order ( Order ) and final

pretrial conference ( Conference ) in accordance with Fed.R.Civ.P. 16. In the period between notice

and the date for submission of the pretrial order:

(a) Counsel for all parties are directed to meet in order to (1) reach agreement on any possible

stipulations narrowing the issues of law and fact, (2) deal with nonstipulated issues in the manner

stated in this paragraph and (3) exchange copies of documents that will be offered in evidence at

the trial. The court may direct that counsel meet in person (face-to-face). It shall be the duty of

counsel for plaintiff to initiate that meeting and the duty of other counsel to respond to plaintiff's

counsel and to offer their full cooperation and assistance to fulfill both the substance and spirit of

this standing order. If, after reasonable effort, any party cannot obtain the cooperation of other

counsel, it shall be his or her duty to advise the court of this fact by appropriate means.

(b) Counsel s meeting shall be held sufficiently in advance of the date of the scheduled Conference

with the court so that counsel for each party can furnish all other counsel with a statement (

Statement ) of the issues the party will offer evidence to support. The Statement will (1) eliminate

any issues that appear in the pleadings about which there is no controversy, and (2) include all

issues of law as well as ultimate issues of fact from the standpoint of each party.

submission to opposing counsel. Included in plaintiff's obligation for preparation of the Order is

submission of it to opposing counsel in ample time for revision and timely filing. Full cooperation

and assistance of all other counsel are required for proper preparation of the Order to fulfill both

the substance and spirit of this Standing Order. All counsel will jointly submit the original and one

copy of the final draft of the Order to the judge's chambers (or in open court, if so directed) on the

date fixed for submission.

(d) All instructions and footnotes contained within the Final Pretrial Order form promulgated with

this Standing Order must be followed. They will be binding on the parties at trial in the same

manner as though repeated in the Order. If any counsel believes that any of the instructions and/or

footnotes allow for any part of the Order to be deferred until after the Order itself is filed, that

counsel shall file a motion seeking leave of court for such deferral.

(e) Any pending motions requiring determination in advance of trial (including, without limitation,

motions in limine, disputes over specific jury instructions or the admissibility of any evidence at

trial upon which the parties desire to present authorities and argument to the court) shall be

specifically called to the court's attention not later than the date of submission of the Order.

(f) Counsel must consider the following matters during their conference:

(1) Jurisdiction (if any question exists in this respect, it must be identified in the Order);

(2) Propriety of parties; correctness of identity of legal entities; necessity for appointment

of guardian, administrator, executor or other fiduciary, and validity of appointment if

already made; correctness of designation of party as partnership, corporation or

individual d/b/a trade name; and

(3) Questions of misjoinder or nonjoinder of parties.

7. Final Pretrial Conference

At the Conference each party shall be represented by the attorneys who will try the case (unless

before the conference the court grants permission for other counsel to attend in their place). All

attending attorneys will familiarize themselves with the pretrial rules and will come to the

Conference with full authority to accomplish the purposes of F.R.Civ.P. 16 (including simplifying

the issues, expediting the trial and saving expense to litigants). Counsel shall be prepared to discuss

settlement possibilities at the Conference without the necessity of obtaining confirmatory

authorization from their clients. If a party represented by counsel desires to be present at the

Conference, that party's counsel must notify the adverse parties at least one week in advance of the

conference. If a party is not going to be present at the Conference, that party's counsel shall use

their best efforts to provide that the client can be contacted if necessary. Where counsel represents

a governmental body, the court may for good cause shown authorize that counsel to attend the

Conference even if unable to enter into settlement without consultation with counsel s client.

8. Extensions of Time for Final Pretrial Order or Conference

It is essential that parties adhere to the scheduled dates for the Order and Conference, for the

Conference date governs the case's priority for trial. Because of the scarcity of Conference dates,

courtesy to counsel in other cases also mandates no late changes in scheduling. Accordingly, no

extensions of the Order and Conference dates will be granted without good cause, and no request

for extension should be made less than 14 days before the scheduled Conference.

9. Action Following Final Pretrial Conference

At the conclusion of the Conference the court will enter an appropriate order reflecting the action

taken, and the case will be added to the civil trial calendar. Although no further pretrial conference

will ordinarily be held thereafter, a final conference may be requested by any of the parties or

ordered by the court prior to trial. Any case ready for trial will be subject to trial as specified by the

court.

10. Documents Promulgated with the Standing Order

Appended to this Standing Order are the following:

(a) a form of final pretrial order;

(b) a form for use as Schedule (c), the schedule of exhibits for the final pretrial order;

personal injury cases;

(d) a form of pretrial memorandum to be attached to the completed final pretrial order in

employment discrimination cases; and 9

(e) guidelines for preparing proposed findings of fact and conclusions of law.

Each of the forms is annotated to indicate the manner in which it is to be completed.

The above forms are available from the clerk's office.

LR16.1.1. Pretrial Procedures

(a) Standing Order & Form. Pursuant to Fed.R.Civ.P. 16, the Court has adopted a standing order on

pretrial procedures together with model pretrial order forms. Copies of the standing order and

forms shall be available from the clerk [see appendix]. The procedures set forth in the standing

order, except for the need to prepare the pretrial order itself, shall apply to all civil cases except for

those in categories enumerated in section (b) of this rule. As to all other cases, a pretrial order shall

be prepared whenever the judge to whom a case is assigned so orders.

(b) Exempted Classes of Cases. The pretrial procedures adopted pursuant to section (a) of this

rule shall not apply to the following classes of civil cases (The statistical nature of suit (“NS”)

codes are shown in parentheses following the class of cases.):

(1) Recovery of overpayments and student loan cases (NS: 150, 152, 153);

(2) Mortgage foreclosure cases (NS: 220);

(3) Prisoner petitions (NS: 510, 520, 530, 540, 550);

(4) U.S. forfeiture/penalty cases (NS: 610, 620, 630, 640, 650, 660, 690);

(5) Bankruptcy appeals and transfers (NS: 420, 421

(6) Deportation reviews (NS: 460);

(7) ERISA: Collections of Delinquent Contributions;

(8) Social Security reviews (NS: 861, 862, 863, 864, 865);

(9) Tax suits & IRS third party (NS: 870, 871);

(10) Customer challenges 12 U.S.C. §3410 (NS: 875); or

(11) cases brought under the Agricultural Acts, Economic Stabilization Act, Energy

Allocation Act, Freedom of Information Act, Appeal of Fee Determination Under Equal

Access to Justice Act, NARA Title II (NS: 891, 892, 894, 895, 900, 970)

Notwithstanding the provisions of this rule, a pretrial order shall be prepared whenever

the judge to whom a case is assigned so orders.

Amended June 29, 2015

LR16.2. Pretrial Conferences and Status Hearings

At the discretion of the court pretrial conferences or status hearings held pursuant to Fed.R.Civ.P.

16(a) may be conducted by telephone or other appropriate means. The court may require parties to

provide written status reports in advance of any such hearing.

LR16.3. Voluntary Mediation Program

(a) Program Established. A program for voluntary mediation is established for cases arising

under the Federal Trademark Act of 1946, 15 U.S.C. §§ 1051-1127 (“the Lanham Act”).

(b) Procedures. The voluntary mediation program shall follow the procedures approved by the

Executive Committee. The procedures outline the responsibilities of counsel and the parties in

cases that are eligible for the mediation program. Copies of the procedures may be obtained from

the clerk.

attorney or other participant, shall, in all respects, be privileged and not reported, recorded, placed

in evidence, made known to the trial court or jury, or construed for any purpose as an admission.

No party shall be bound by anything done or said at the conference unless a settlement is reached,

in which event the settlement shall be reduced to writing and shall be binding upon all parties.

LR16.4. Scheduling in Social Security Cases

In cases brought pursuant to 42 U.S.C. § 405(g) for benefits under the Social Security Act, the

following schedule is established unless otherwise ordered:

(a) Plaintiff’s brief in support of reversing or remanding the decision subject to review is due

within 60 days of the filing of the administrative record (no motion required).

(b) The Social Security Administration’s motion to affirm the decision subject to review and its

brief in support are due 45 days after plaintiff’s brief is filed.

Amended January 31, 2014

Local Rule 16.4 Abrogated Per General Order 23-0039 on October 3, 2023.

LR17.1. Actions By or On Behalf of Infants or Incompetents

Any proposed settlement of an action brought by or on behalf of an infant or incompetent shall not

become final without written approval by the court in the form of an order, judgment or decree.

The court may authorize payment of reasonable attorney’s fees and expenses from the amount

realized in such an action.

LR24.1. Notice of Claims of Unconstitutionality

In order to assist the court in its statutory duty under 28 U.S.C. §2403, counsel raising a question of

the constitutionality of an Act of Congress affecting the public interest shall promptly advise the

court in writing of such fact.

LR26.1. Scheduling Conference

Rule 26(f) meetings may be conducted by telephone. Unless otherwise ordered by the

court (1) parties need not present a written report outlining the discovery plan at the

preliminary pretrial conference, and (2) the initial status hearing shall be the scheduling

conference referred to in Fed.R.Civ.P.16.

Amended 11/30/00 and 10/24/16

LR26.2. Sealed Documents

(a) Definitions. As used in this rule the term:

"Sealed document" means a document that the court has directed be maintained under seal

electronically or, where the court allows a sealed document to be filed non-electronically, within a

sealed enclosure such that access to the document requires breaking the seal of the enclosure; and

“Sealing order" means any order restricting access to one or more documents filed or to be filed

with the court.

(b) Sealing Order. The court may for good cause shown enter an order directing that one or more

documents be filed under seal. No attorney or party may file a document under seal without order

of court specifying the particular document or portion of a document that may be filed under seal,

except that a document may provisionally be filed under seal pursuant to subsection (c) below.

portion of a document electronically under seal in connection with a motion, brief or other

submission must: (1) provisionally file the document electronically under seal; (2) file

electronically at the same time a public-record version of the brief, motion or other submission

with only the sealed document excluded; and (3) move the court for leave to file the document

under seal. The sealing motion must be filed before or simultaneously with the provisional filing of

the document under seal, and must be noticed for presentment promptly thereafter. Any document

filed under seal without such a sealing motion may be stricken by the court without notice.

(d) Sealing Motion for Documents not filed Electronically. Where the court has permitted

documents to be filed non-electronically, the party seeking to file a document under seal must,

before filing the document, move the court for a sealing order specifying the particular document

or portion of a document to be filed under seal. The final paragraph of the order shall state the

following information: (1) the identity of the persons, if any, who are to have access to the

documents without further order of court; and (2) instructions for the disposition of the restricted

documents following the conclusion of the case. A copy of the sealing order must be included with

any document presented for filing under seal. The attorney or party submitting a restricted

document must file it in a sealed enclosure that conspicuously states on the face of the enclosure

the attorney's or party's name and address, including e-mail address if the attorney is registered as a

Filing User of electronic case filing, the caption of the case, and the title of the document.

(e) Copies Served on Counsel and Judge’s Paper Courtesy Copy. Any sealed document served

on any other party and any judge’s paper courtesy copy must be a complete version, without any

redactions made to create the public-record version unless otherwise ordered for good cause

shown.

(f) Docket Entries. The court may on written motion and for good cause shown enter an order

directing that the docket entry for a sealed document show only that a sealed document was filed

without any notation indicating its nature. Unless the Court directs otherwise, a sealed document

shall be filed pursuant to procedures referenced by Local Rule 5.8.

(g) Inspection of Sealed Documents. The clerk shall maintain a record in a manner provided for

by internal operating procedures approved by the Court of persons permitted access to sealed

documents that have not been filed electronically. Such procedures may require anyone seeking

access to show identification and to sign a statement to the effect that they have been authorized to

examine the sealed document.

(h) Disposition of Sealed Non-electronic Documents. When a case is closed in which an order

was entered pursuant to section (b) of this rule, the clerk shall maintain the documents filed under

seal non-electronically as sealed documents for a period of 63 days following the final disposition

including appeals. Except where the court in response to a request of a party made pursuant to this

section or on its own motion orders otherwise, at the end of the 63 day period the clerk shall notify

the attorney or party who filed the documents that the documents must be retrieved from the clerk’s

office within 30 days of notification. If the parties do not retrieve the sealed documents within 30

days, the clerk shall destroy the documents.

Amended October 2, 2012, October 23, 2017

LR26.3. Discovery Materials Offered in Evidence as Exhibit

Discovery materials, including disclosure of expert testimony, shall not be filed with the court

unless they are filed in support of or in opposition to a motion.

Amended March 28, 2024

LR26.4. Testimony for Use in Foreign Tribunals

Where an interested person requests to take the testimony or statement of any person pursuant to 28

U.S.C. §1782 for use in a proceeding in a foreign or international tribunal, notice to the parties

before the foreign or international tribunal must be provided except where the requesting party

shows cause why notice could not be given. Where the request is sought by a letter rogatory or

request made by a foreign or international tribunal, the request may be made ex parte.

Amended June 2, 2011

LR27.1. Depositions: Fees for Attorneys Appointed to Represent Absent Party

An order appointing an attorney to represent the absent expected adversary party and to cross-

examine the proposed witness pursuant to Fed.R.Civ.P. 27(a)(2) shall set the attorney’s

compensation including expenses. The compensation so set shall be paid by the petitioner prior to

the appearance of the appointed attorney at the examination.

LR 33.1. Interrogatories, Form of Answer, Objections

A party answering interrogatories shall set forth immediately preceding each answer a full

statement of the interrogatory to which the party is responding. When objecting to an interrogatory

or to the answer to an interrogatory, a party shall set forth the interrogatory or the interrogatories

and answer thereto immediately preceding the objection.

LR 37.1. Contempts

(a) Commencing Proceedings. A proceeding to adjudicate a person in civil contempt of court,

including a case provided for in Fed.R.Civ.P. 37(b)(2)(A)(vii), shall be commenced by the service

of a notice of motion or order to show cause. The affidavit upon which such notice of motion or

order to show cause is based shall set out with particularity the misconduct complained of, the

claim, if any, for damages occasioned thereby, and such evidence as to the amount of damages as

may be available to the moving party. A reasonable counsel fee, necessitated by the contempt

proceeding, may be included as an item of damage. Where the alleged contemnor has appeared in

the action by an attorney, the notice of motion or order to show cause and the papers upon which it

is based may be served upon that attorney; otherwise service shall be made personally, in the

manner provided for by Fed.R.Civ.P. 4 for the service of a summons. If an order to show cause is

sought, such order may, upon necessity shown therefor, direct the United States marshal to arrest

the alleged contemnor. The order shall fix the amount of bail and shall require that any bond signed

by the alleged contemnor include as a condition of release that the alleged contemnor will comply

with any order of the court directing the contemnor to surrender.

(b) Trial. If the alleged contemnor puts in issue the alleged misconduct giving rise to the contempt

proceedings or the damages thereby occasioned, the alleged contemnor shall upon demand therefor

be entitled to have oral evidence taken thereon, either before the court or before a master appointed

by the court. When by law the alleged contemnor is entitled to a trial by jury, unless a written jury

demand is filed by the alleged contemnor on or before the return day or adjourned day of the

application, the alleged contemnor will be deemed to have waived a trial by jury.

contempt of court, an order shall be entered—

(1) reciting or referring to the verdict or findings of fact upon which the adjudication is

based;

(2) setting forth the amount of damages to which the complainant is entitled;

(3) fixing the fine, if any, imposed by the court, which fine shall include the damages

found, and naming the person to whom such fine shall be payable;

(4) stating any other conditions, the performance whereof will operate to purge the

contempt; and

(5) directing the arrest of the contemnor by the United States marshal and the

confinement of the contemnor until the performance of the condition fixed in the order

and the payment of the fine, or until the contemnor be otherwise discharged pursuant to

law.

Unless the order otherwise specifies, the place of confinement shall be either the Chicago

Metropolitan Correctional Center in Chicago, Illinois, or the Winnebago County jail in Rockford,

Illinois. No party shall be required to pay or to advance to the marshal any expenses for the upkeep

of the prisoner. Upon such an order, no person shall be detained in prison by reason of non-

payment of the fine for a period exceeding 6 months. A certified copy of the order committing the

contemnor shall be sufficient warrant to the marshal for the arrest and confinement. The aggrieved

party shall also have the same remedies against the property of the contemnor as if the order

awarding the fine were a final judgment.

(d) Discharge Where No Contempt. Where a finding of no contempt is entered, the alleged

contemnor shall be discharged from the proceeding. The court may in its discretion for good cause

shown enter judgment against the complainant and for the alleged contemnor for the latter’s costs

and disbursements and a reasonable counsel fee.

Amended June 27, 2024

LR 37.2. Motion for Discovery and Production

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 statement (1) that after

consultation in person or by telephone 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.

LR 40.1. Assignment of Cases: General

(a) General. The rules of this Court and any procedures adopted by the Court that deal

with the assignment and reassignment of cases shall be construed to secure an equitable

distribution of cases, both in quantity and kind, among the judges. Except as specifically

provided by the rules of this Court or by procedures adopted by the Court, the assignment

of cases shall be by lot.

(b) Supervision of Assignment System. The assignment of cases to calendars and

judges and the preparation of calendars and supplements thereto shall be done solely

under the direction of the Executive Committee by the clerk or a deputy clerk who is

designated by the clerk as an assignment clerk.

punished for contempt of court.

(d) Condition of Reassignment. No case shall be transferred or reassigned from the

calendar of a judge of this Court to the calendar of any other judge except as provided by

the rules of this Court or as ordered by the Executive Committee.

(e) Calendars. In each Division of the Court there shall be criminal, civil and Executive

Committee calendars. The cases on the criminal and civil calendars of the court shall be

assigned among the judges in the manner prescribed by the rules of this Court. The cases

so assigned shall constitute the calendars of the judges. The calendar of the Executive

Committee shall consist of the following classes and categories of cases:

(1) civil cases to be transferred to another judge or district for multidistrict litigation

pursuant to procedures adopted by the Court;

(2) criminal cases to be held on the Committee’s Fugitive Calendar pursuant to

procedures adopted by the Court;

(3)

such cases as are assigned to the Executive Committee for purposes of reassignment;

and

(4) such other cases as the Executive Committee directs be assigned to its calendar.

(f) Calendar of Departing Judge.

Cases on the calendar of a judge who dies, resigns, or

retires ("departing judge") shall be reassigned as soon as possible under the direction of

the Executive Committee, pro rata by lot among the remaining judges, provided that the

Committee may direct that such calendar be transferred in its entirety or in part to form the

calendar of a newly-appointed district judge where the departing judge was a district

judge, or to form the calendar of a newly-appointed magistrate judge where the departing

judge was a magistrate judge. Referrals pending before a departing magistrate judge shall

be considered returned to the calendar of the district judge before whom the underlying

case is pending, provided that the Executive Committee may direct that they be

maintained as a calendar for a newly-appointed magistrate judge. Where a judge wishes

to re-refer a case returned to that judge’s calendar pursuant to this section, the procedure

set forth in LR 72.1 shall be followed except that where the Executive Committee

approves the referral, it shall direct the clerk to assign it by lot.

(g) Calendar for New Judge. A calendar shall be prepared for a newly-appointed judge

("new judge") to which cases shall be transferred by lot, under the direction of the

Executive Committee in such number as it may determine. Where the new judge is a

magistrate judge, the calendar shall include referrals made pursuant to LR 72.1 and LCR

50.3(d) and cases assigned pursuant to LR 73.1 which shall be transferred by lot, under

the direction of the Executive Committee in such number as it may determine. The new

magistrate judge will be the designated magistrate judge in all matters on that judge’s

calendar. Where a magistrate judge is appointed to succeed a leaving magistrate judge,

the Executive Committee may direct that the new judge be the designated magistrate

judge in all cases in which the former was the designated magistrate judge at the time of

the former’s death, retirement, or resignation. Once a referral has been transferred to a

newly appointed judge, as part of the new calendar, it remains with the new judge "as the

designated judge".

Committee Comment. 28 U.S.C. §137 provides in part as follows:

The business of the court having more than one judge shall be divided among the judges

as provided by the rules and orders of the court. The chief judge of the district shall be

responsible for the observance of such rules and orders, and shall divide the business

and assign the cases so far as such rules and orders do not otherwise prescribe.

This Court has used a random assignment system for more than 50 years. As stated in

section (a), an important goal of the system is to achieve "an equitable distribution of

cases, both in quantity and kind, among the judges." Over the years the system grew in

complexity. In part, this was a result of increases in the size of the Court, the complexity of

its organization and the size of its caseload. It was also a result of a more sophisticated

understanding of how the "equitable distribution" should be achieved.

An equally important goal is implicit in the sanctions found in section (c). This is that no

one should be able to manipulate the assignment system in order to

determine in advance

which judge will get a case where the assignment is by lot.

As part of the process of renumbering the rules to comply with the uniform system

adopted by the Judicial Conference of the United States in March 1996, the Court

significantly revised its assignment rules. Much of the detail formerly included in local

General Rules 2.00 and 2.44, the former assignment rules, has been moved from the

rules to procedures adopted by general order. Because of the importance of the

assignment system, the Court included this summary to provide parties and counsel with

a basic overview of the way in which cases are assigned in this Court.

The Court is divided into two divisions: the Eastern at Chicago and the Western at

Rockford. Eastern and Western Division cases can be distinguished by their case

numbers. Case numbers in the Eastern Division start with the number 1 each year. In the

Western Division they start with 50,001.

Most of the provisions of the random assignment system apply only to the Eastern

Division. For assignment purposes civil cases are grouped into categories, usually by the

type of case. The case types chosen for each category are expected over the long run to

generate about the same amount of judicial work. Criminal cases are grouped in a similar

fashion.

The current assignment system is computer based. A separate assignment deck is kept

for each category. (Prior to the introduction of the computerized assignment system,

physical decks of assignment cards were used. The terms "assignment deck" and even

"assignment card" continue in use as metaphors to describe the manner in which the

computer operates.) In the deck the name of each regular active judge on full assignment

appears an equal number of times. The name of the chief judge appears half as often as a

regular active judge. The ratios for senior judges depend on the caseloads they are

carrying, varying from being no different from that of a regular active judge, to a one-half

share less than all of the categories.

As part of filing a new case, the assignment clerk enters the case category information

into the assignment system. The system keeps track of cases processed and

automatically shows the next available case number.

Once the case number and category are verified, the computer uses a shuffle procedure

to pick a name from one of the unused names remaining in the assignment deck for the

category selected. For obvious security reasons, the deputies assigning the cases do not

have access to the software that sets up the assignment decks. The deputies responsible

for setting up the decks do not assign cases. This system together with the changes in the

make up of the deck due to equalization and the shuffling of the names prior to the actual

assignment assures that staff cannot determine in advance the name of the judge to

whom a case will be assigned.

The assignment system also handles the reassignment of cases. Cases are reassigned

for a variety of reasons. The most frequent is the need to reassign a case because it is

related to one pending on another judge’s calendar. Recusals result in reassignments or

equalization. When a new judge takes office, cases are reassigned from the calendars of

sitting judges. When a judge leaves, the cases on the judge’s calendar are reassigned

among sitting judges. There are even provisions in the procedures for reassignments due

to errors made at assignment.

When a judge is appointed to the Court an initial calendar is prepared. It consists of civil

cases equal in number to the average number of civil and criminal cases pending on the

calendars of sitting judges. The new judge gets only civil cases in the initial calendar. A

civil case that was twice previously reassigned to form a new calendar cannot be

reassigned a third time for that reason. Any civil case in which the trial is in process or has

been held and the case is awaiting final ruling also cannot be reassigned. The remaining

cases are arranged in case number order and a random selection is made. In this way the

age distribution of the cases on the new judge’s initial calendar reflects the average age

distribution of all civil cases pending. Such a distribution serves to provide the new judge

with a calendar that is reasonably close to the average in terms of workload. The

incoming judge will be added to the Court's criminal case assignment system ninety (90)

days from the entry of the initial calendar reassignment order so that the judge shall

thereafter receive a full share of such cases. Should the incoming judge be a current

Assistant United States Attorney, the judge will be added to the criminal case assignment

system after 12 months.

Amended October 23, 2017

and November 6, 2019

LR 40.2. Assignment Procedures

(a) Assigning New Case. The assignment clerk shall file each new case in accordance with

procedures approved by the Court.

(b) Cases Filed After Hours. A judge accepting a case for filing as an emergency matter outside

of the normal business hours of the clerk’s office shall cause the initiating documents to be

delivered to the clerk’s office as early as practicable on the next business day. On receipt of the

initiating documents, the assignment clerk shall process the case in accordance with section (a).

accordance with section (a). The process of filing and assignment shall be completed on the day of

receipt, provided that all necessary initiating documents and filing fees are submitted.

LR 40.3. Direct Assignment of Cases

(a) To Executive Committee. The following cases or categories of cases shall be assigned to the

calendar of the Executive Committee on filing:

(1) disciplinary cases brought pursuant to LR 83.25 through LR 83.31; and

(2) Such other cases as the chief judge may direct.

(b) To Specific Judge. In each of the following instances, the assignment clerk shall assign the

case to a judge in the manner specified:

(1) Cases filed by Persons in Custody. Any petition for writ of habeas corpus ("habeas

corpus petition") or any complaint brought under the Civil Rights Act or 28 U.S.C.§1331

challenging the terms or the conditions of confinement ("civil rights complaint") filed by or

on behalf of a person in custody shall be assigned in the same manner as other civil cases

except that—

(A) a subsequent habeas corpus petition shall be assigned to the judge to whom

the most recently filed petition was assigned;

(B) a subsequent civil rights complaint shall be assigned to the judge to whom the

most recently filed complaint was assigned;

other than the judge or judges to whom civil rights complaints filed by or on

behalf of the petitioner have been assigned; and

(D) a civil rights complaint to be assigned by lot shall be assigned to a judge other

than the judge or judges to whom habeas corpus petitions filed by or on behalf of

the plaintiff have been assigned.

(2) Re-filing of Cases Previously Dismissed. When a case is dismissed with prejudice or

without, and a second case is filed involving the same parties and relating to the same

subject matter, the second case shall be assigned to the judge to whom the first case was

assigned. The designation sheet presented at the time the second case is filed shall

indicate the number of the earlier case and the name of the judge to whom it was assigned.

(3) Removal of Cases Previously Remanded. When a case previously remanded is again

removed, it shall be assigned to the judge who previously ordered it to be remanded.

(4) Petitions to Enforce Summonses Issued by the Internal Revenue Service. Where two or

more petitions to enforce summonses issued by the Internal Revenue Service ("I.R.S") are

presented for filing and the summonses involve the same taxpayer, the first petition shall be

assigned by lot in accordance with the rules of this Court and any other petition shall be assigned

directly to the judge to whom the first was assigned. The person presenting such petitions for

filing shall notify the assignment clerk that they involve the same taxpayer. This section of

shall not be construed as authorizing the direct assignment of petitions to enforce administrative

process other than summonses issued by the I.R.S.

(5) Cases filed to enforce, modify, or vacate judgment. Proceedings to enforce, modify, or

vacate a judgment should be brought within the case in which the judgment was entered. If

a separate case is filed for the purpose of enforcing, modifying, or vacating a judgment entered

in a case previously filed in this District, the case shall be assigned directly to the judge to whom

the earlier case was assigned.

(6) Tag-along cases in multidistrict proceedings. Where a civil case is filed as a potential

tag-along action to a multidistrict litigation ("MDL") proceeding pending in the district, it

shall be assigned directly to the judge handling the MDL proceeding. The judge handling

the MDL proceeding may, at that judge’s discretion, transfer to the Executive Committee

for reassignment by lot any case assigned pursuant to this Rule that either—

(A) the MDL Panel determines should not be included in the MDL proceeding, or

(B) the judge assigned to the MDL proceeding determines pursuant to Rule 13 of

the Rules of Procedure of the Judicial Panel on Multidistrict Litigation is not a

tag-along case, or

decision by the Commissioner of Social Security pursuant to 42 U.S.C. § 405(g), when a district

judge or magistrate judge remands the case for further administrative proceedings, any subsequent

proceedings in the district court involving that matter shall be assigned to the district and

magistrate judge to which the preceding action for judicial review was originally assigned.

Comment. The inclusion of section (c) will ensure that the judicial officer who originally decided

to remand the case be assigned to review any subsequent appeals after remand to the Social

Security Administration.

LR 40.3.1 Assignments Involving Bankruptcy

(a) Referral to Bankruptcy Judges. Pursuant to 28 U.S.C. §157(a), all cases under Title 11

U.S.C. and all proceedings arising under Title 11 U.S.C. or arising in or related to any cases under

Title 11 U.S.C. are referred to the bankruptcy judges of this District.

(b) Assignment by Lot. Except as provided by sections (c) and (d), each of the following items

shall be assigned by lot to a district judge:

(1) motions pursuant to 28 U.S.C. §157(d) (including a recommendation by a bankruptcy

judge) for the withdrawal of the reference of a bankruptcy (“B”) case, or of a contested

matter or adversary (“A”) proceeding within a bankruptcy case;

(2) objections to proposed findings of fact and conclusions of law of a bankruptcy judge

filed pursuant to 28 U.S.C.§157(a)(1);

(3) appeals pursuant to 28 U.S.C. §158(a)(1);

(4) motions for leave to appeal pursuant to 28 U.S.C. §158(a)(3); and

(5) applications for a writ of mandamus or a similar writ in connection with a bankruptcy

case, contested matter, or adversary proceeding.

All such assignments shall be made using the Civil II assignment category, except that objections

to proposed findings and conclusions shall be assigned using the Civil III assignment category. The

clerk is directed to assign a case so designated to the judge on whose calendar the previously filed

case was assigned.

district judge’s consideration of any of the items described in section (b), any subsequent

proceedings in the district court involving that item shall be assigned to the district judge who

considered the item initially.

(d) Relatedness. The provisions of LR 40.4 are applicable to the items described in section (b).

(e) Designation Sheet. The person filing any of the items described in paragraph (b) shall complete

the designation sheet required by LR 3.1 and include on the sheet a designation of any such item,

previously heard by the district court, that the filer believes would require direct assignment of the

filing pursuant to this rule.

LR 40.4. Related Cases, Reassignment of Cases as Related

(a) Definitions. Two or more civil cases may be related if one or more of the following conditions

are met:

(1) the cases involve the same property;

(2) the cases involve some of the same issues of fact or law;

(3) the cases grow out of the same transaction or occurrence; or

(4) in class action suits, one or more of the classes involved in the cases is or are the

same.

(b) Conditions for Reassignment. A case may be reassigned to the calendar of another judge if it

is found to be related to an earlier-numbered case assigned to that judge and each of the following

criteria is met:

(1) both cases are pending in this Court;

(2) the handling of both cases by the same judge is likely to result in a substantial

saving of judicial time and effort;

(3) the earlier case has not progressed to the point where designating a later filed

case as related would be likely to delay the proceedings in the earlier case

substantially; and

(4) the cases are susceptible of disposition in a single proceeding.

to a case. The motion shall—

(1) set forth the points of commonality of the cases in sufficient detail to indicate

that the cases are related within the meaning of section (a), and

(2) indicate the extent to which the conditions required by section (b) will be met if

the cases are found to be related.

A copy of the complaint or other relevant pleading in each of the higher-numbered cases that are

the subject of the motion shall be attached to the motion.

The motion shall be filed in the lowest-numbered case of the claimed related set and noticed before

the judge assigned to that case. Where all of the cases claimed to be related are assigned to

magistrate judges on consent, then the motion shall be filed with the magistrate judge before whom

the lowest-numbered case is pending. Where one or more of the cases claimed to be related is

assigned to a magistrate judge on consent and one or more of the remaining cases is assigned to a

district judge, the motion shall be filed with the district judge having the lowest-numbered case.

In order that all parties to a proceeding be permitted to respond on the questions of relatedness and

possible reassignment, such motions should not generally be filed until after the answer or motions

in lieu of answer have been filed in each of the proceedings involved.

(d) Ruling on Motion. The judge to whom the motion is presented may consult with the judge or

judges before whom the other case or cases are pending. The judge shall enter an order finding

whether or not the cases are related within the meaning of the rules of this Court and, if they are,

whether the higher-numbered case or cases should be reassigned.

Where the judge finds that the cases are related and that reassignment should take place, a copy of

that finding will be forwarded to the Executive Committee together with a request that the

Committee reassign the higher-numbered case or cases.

A copy of any finding that cases either are or are not related and, if they are, that reassignment

should or should not take place shall also be sent to each of the judges on whose calendar one or

more of the higher-numbered cases is or are pending. Any judge to whom one or more of the cases

involved is or are assigned may seek a review of the finding by the Executive Committee. The

order entered by the Committee following review shall be final.

Amended November 2, 2010

LR 40.5. Remands, Procedures for Following Appeals

(a) GENERAL. This rule shall not apply to remands resulting from appeals of summary judgments

or interlocutory orders unless the mandate or order remanding the case indicates that it is to be

reassigned to a judge other than the judge to whom the case was previously assigned (“prior

judge”). Whenever a mandate from the Court of Appeals for the Federal Circuit or the Seventh

Circuit is filed with the clerk indicating that the case appealed is remanded for a new trial, the case

shall be assigned to the Executive Committee, except

(1) if the mandate or accompanying opinion indicates that the case is to be retried by the prior

judge, then the case shall remain on that judge’s calendar, or

(2) where the prior judge is no longer sitting and the case is an Eastern Division case, it will be

reassigned by lot, or

(3) where the prior judge is no longer sitting and the case is a Western Division case, it will be

assigned to a Western Division judge.

(b) NOTICE BY CLERK. When a case is reassigned to the Executive Committee pursuant to

section (a), the clerk shall forthwith notify all parties of record by mail that the mandate has been

filed and that unless a stipulation is filed by all parties within 14 days after the date of the notice

indicating that all parties wish the case returned to the prior judge, the case will be reassigned to

another judge.

assigned to the prior judge, the Executive Committee shall reassign the case to that judge. When no

such stipulation is filed, the Executive Committee shall direct that the case be reassigned to a judge

other than the prior judge. A case reassigned pursuant to this rule shall be treated for assignment

purposes as a new case. The judge receiving the case is not authorized to transfer a similar case to

the Executive Committee for reassignment to the prior judge.

Amended November 19, 2009, October 23, 2017

LR 41.1. Dismissal for Want of Prosecution or By Default

Cases which have been inactive for more than six months may be dismissed for want of

prosecution.

An order of dismissal for want of prosecution or an order of default may be entered if counsel fails

to respond to a call of the case set by order of court. Notice of the court call shall be by publication

or as otherwise provided by the court. In the Eastern Division publication shall be in the Chicago

Daily Law Bulletin unless the court provides otherwise. Local Rule 41.1 Abrogated per General

Order 23-0013 on February 24, 2023

LR 45.1. Attaching a Note to the Subpoena Permitted

The validity of the subpoena shall not be affected by attaching or delivering of a note or other

memorandum containing instructions to a witness regarding the exact date, time, and place the

witness is required to appear.

LR 47.1. Juries

(a) General. The chief judge shall from time to time enter such orders as may be required to

summon petit jurors for the court. Except as provided for in section (b), petit jurors shall be

assigned to a single jury pool and reassigned for service upon the request of each judge. The jury

pool shall be under the supervision of the clerk. Unless otherwise ordered a copy of the jury list

showing the name, town and ZIP code of each juror summoned shall be available for viewing on

the first day of the service period.

(b) Separate Panels. Where the extraordinary nature of a trial indicates that administrative

efficiency will be improved and substantial judicial time will be saved through the use of a separate

panel of petit jurors, the chief judge may, at the request of the trial judge, direct that such a separate

jury panel be summoned.

be confidential. Such forms shall not be made available for inspection except upon order of the

chief judge or upon order of the assigned judge in connection with the preparation or presentation

of a motion challenging compliance with selection procedures pursuant to 28 U.S.C. §1867. Orders

directing that the juror qualification forms be made available for inspection shall specify the terms

of the inspection, including the forms to be inspected, the names of the persons authorized to make

the inspection, and any conditions required regarding the release of information contained on the

forms.

LR 48.1. Contact with Jurors

After the conclusion of a trial, no party, agent or attorney shall communicate or attempt to

communicate with any members of the petit jury before which the case was tried without first

receiving permission of the court.

Adopted April 27, 2015

LR 53.1. Masters

(a) Appointment. The court may grant a motion for the appointment of a master in a civil action

where the parties stipulate in writing to such an appointment. The stipulation shall indicate whether

the master is to report upon particular issues or upon all the issues. The procedure covering such a

reference shall be the same as that governing any other reference to a master.

A judge may appoint the designated magistrate judge or, with the approval of the Executive

Committee, a magistrate judge other than the designated magistrate judge to perform the duties of a

special master.

Whenever an order of reference to a master is entered, the attorney procuring the order shall, at the

time of filing thereof, deposit with the clerk a copy to be furnished to the master. On docketing the

order, the clerk shall promptly send the copy to the master.

(b) Master May Sit Outside District. A master may sit within or outside of the district. If the

master is requested to sit outside the district for the convenience of a party and there is opposition

thereto by another party, the master may make an order for the holding of the hearing, or a part

thereof, outside the district, upon such terms and conditions as shall be just.

master shall be heard by the judge appointing such master.

LR 54.1. Taxation of Costs

(a) Time to File. Within 30 days of the entry of a judgment allowing costs, the prevailing party

shall file a bill of costs with the clerk and serve a copy of the bill on each adverse party. If the bill

of costs is not filed within 30 days, costs other than those of the clerk, taxable pursuant to 28

U.S.C. §1920, shall be deemed waived. The court may, on motion filed within the time provided

for the filing of the bill of costs, extend the time for filing the bill.

(b) Transcript Costs. Subject to the provisions of Fed.R.Civ.P. 54(d), the expense of any

prevailing party in necessarily obtaining all or any part of a transcript for use in a case, for purposes

of a new trial, or amended findings, or for appeal shall be taxable as costs against the adverse party.

If in taxing costs the clerk finds that a transcript or deposition was necessarily obtained, the costs of

the transcript or deposition shall not exceed the regular copy rate as established by the Judicial

Conference of the United States and in effect at the time the transcript or deposition was filed

unless some other rate was previously provided for by order of court. Court reporter appearance

fees may be awarded in addition to the per page limit, but the fees shall not exceed the published

rates on the Court website unless another rate was previously provided by order of court. Except as

otherwise ordered by the court, only the cost of the original of such transcript or deposition

together with the cost of one copy each where needed by counsel and, for depositions, the copy

provided to the court shall be allowed.

reasonable premiums or expenses paid on all bonds or stipulations or other security given by the

party in that suit shall be taxed as part of the costs of that party.

(d) Fee of Special Master. After a master’s compensation and disbursements have been allowed

by the court, the prevailing party may pay such compensation and disbursements, and on payment

the amount thereof shall be a taxable cost against the unsuccessful party or parties. Where,

however, the court directs by order the parties against whom, or the proportion in which such

compensation and disbursements shall be charged, or the fund or subject matter out of which they

shall be paid, the party making the payment to the master shall be entitled to tax such compensation

and disbursements only against such parties and in such proportions as the court has directed, and

to payment of such taxable cost only out of such fund or subject matter as the court has directed.

Committee Comment

This Rule has been amended in response to the Seventh Circuit Court of Appeals decision in

Harney v. City of Chicago, ___ F.3d ___, 2012 WL 6097336 *10 (7th Cir. Dec. 10, 2012), in

which the Court of Appeals recommended adoption of "an amendment of that rule [LR 54.1]

clarifying the availability of court reporter appearance fees over and above the allowable per page

amount."

Amended May 24, 2013

LR 54.2. Jury Costs for Unused Panels

If for any reason attributable to counsel or parties, including a settlement or change of plea, the

court is unable to commence a jury trial as scheduled where a panel of prospective jurors has

reported to the courthouse for the voir dire, the court may assess against counsel or parties

responsible all or part of the cost of the panel. Any monies collected as a result of said assessment

shall be paid to the clerk who shall promptly remit them to the Treasurer of the United States.

LR 54.3. Attorney's Fees and Related Non-taxable Expenses

(a) Definitions; General. For the purposes of this rule--

(1) "Fee motion" means a motion, complaint or any other pleading seeking only an

award of attorney’s fees and related nontaxable expenses,

(2) "Movant" means the party filing the fee motion,

(3) "Respondent" means a party from whom the movant seeks payment, and

(4) "Related nontaxable expenses" means any expense for which a prevailing party

may seek reimbursement other than costs that are taxed by the clerk pursuant to

Fed.R.Civ.P. 54(d)(1).

Unless otherwise ordered by the court, this rule does not apply to motions for sanctions under

Fed.R.Civ.P. 11 or other sanctions provisions.

Sections (d) through (g) govern a fee motion that would be paid by a party to the litigation rather

than out of a fund already created by judgment or by settlement.

(b) Time to File. Either before or after the entry of judgment the court may enter an order with

respect to the filing of a fee motion pursuant to Fed.R.Civ.P. 54. Unless the court’s order includes a

different schedule for such filing, the motion shall be filed in accordance with the provisions of this

rule and shall be filed and served no later than 91 days after the entry of the judgment or settlement

agreement on which the motion is founded. If the court has not entered such an order before a

motion has been filed pursuant to Fed.R.Civ.P. 54(d)(2)(B), then after such filing the court may

order the parties to comply with the procedure set out in this rule as a post-filing rather than as a

pre-filing procedure.

of any judgment on which the motion is founded.

Where the parties reach an agreement as to the award and the award is to be based on a judgment,

unless the agreement provides otherwise, it shall affect neither a party’s right to appeal the fee

order resulting from the agreement nor a party’s right to seek a subsequent increase, decrease or

vacation of the agreed award in the event the underlying judgment is reversed or modified by

subsequent judicial proceedings or settlement.

The time requirements of Fed.R.Civ.P. 59 are not changed by this rule.

(d) Pre-Motion Agreement. The parties involved shall confer and attempt in good faith to agree

on the amount of fees or related nontaxable expenses that should be awarded prior to filing a fee

motion.

During the attempt to agree, the parties shall, upon request, provide the following information to

each other:

(1) The movant shall provide the respondent with the time and work records on

which the motion will be based, and shall specify the hours for which compensation

will and will not be sought. These records may be redacted to prevent disclosure of

material protected by the attorney-client privilege or work product doctrine.

(2) The movant shall inform the respondent of the hourly rates that will be claimed

for each lawyer, paralegal, or other person. If the movant’s counsel or other billers

have performed any legal work on an hourly basis during the period covered by the

motion, the movant shall provide representative business records sufficient to show

the types of litigation in which such hourly rates were paid and the rates that were

paid in each type. If the movant’s counsel has been paid on an hourly basis in the

case in question or in litigation of the same type as the case in question, records

showing the rates paid for those services must be provided. If the movant will rely

on other evidence to establish appropriate hourly rates, such as evidence of rates

charged by attorneys of comparable experience and qualifications or evidence of

rates used in previous awards by courts or administrative agencies, the movant shall

provide such other evidence.

(3) The movant shall furnish the evidence that will be used to support the related

nontaxable expenses to be sought by the motion.

(4) The movant shall provide the respondent with the above information within 21

days of the judgment or settlement agreement upon which the motion is based,

unless the court sets a different schedule.

(5) If no agreement is reached after the above information has been furnished, the

respondent shall, within 21 days of receipt of that information, disclose the total

amount of attorney’s fees paid by respondent (and all fees billed but unpaid at the

time of the disclosure and all time as yet unbilled and expected to be billed

thereafter) for the litigation and shall furnish the following additional information as

to any matters (rates, hours, or related nontaxable expenses) that remain in dispute:

(A) the time and work records (if such records have been kept) of

respondent’s counsel pertaining to the litigation, which records may

be redacted to prevent disclosure of material protected by the

attorney-client privilege or work product doctrine;

(B) evidence of the hourly rates for all billers paid by respondent

during the litigation;

with the litigation, and the total amount of such expenses; and

(D) any evidence the respondent will use to oppose the requested

hours, rates, or related nontaxable expenses.

By providing the opposing party with information under this rule about the party’s hours, billing

rates and related nontaxable expenses, no party shall be deemed to make any admission or waive

any argument about the relevance or effect of such information in determining an appropriate

award.

Within 14 days after the above exchange of information is completed and before the motion is

filed, the parties shall specifically identify all hours, billing rates, or related nontaxable expenses (if

any) that will and will not be objected to, the basis of any objections, and the specific hours, billing

rates, and related nontaxable expenses that in the parties' respective views are reasonable and

should be compensated. The parties will thereafter attempt to resolve any remaining disputes.

All information furnished by any party under this section shall be treated as strictly confidential by

the party receiving the information. The information shall be used solely for purposes of the fee

litigation, and shall be disclosed to other persons, if at all, only in court filings or hearings related

to the fee litigation. A party receiving such information who proposes to disclose it in a court filing

or hearing shall provide the party furnishing it with prior written notice and a reasonable

opportunity to request an appropriate protective order.

(e) Joint Statement. If any matters remain in dispute after the above steps are taken, the parties,

prior to the filing of the fee motion, shall prepare a joint statement listing the following:

(1) the total amount of fees and related nontaxable expenses claimed by the moving

party (If the fee request is based on the "lodestar" method, the statement shall

include a summary table giving the name, claimed hours, claimed rates, and claimed

totals for each biller.);

(2) the total amount of fees and/or related nontaxable expenses that the respondent

deems should be awarded (If the fees are contested, the respondent shall include a

similar table giving respondent’s position as to the name, compensable hours,

appropriate rates, and totals for each biller listed by movant.);

(3) a brief description of each specific dispute remaining between the parties as to

the fees or expenses; and

(4) a statement disclosing—

(A) whether the motion for fees and expenses will be based on a

judgment or on a settlement of the underlying merits dispute, and

(B) if the motion will be based on a judgment, whether respondent

has appealed or intends to appeal that judgment.

The parties shall cooperate to complete preparation of the joint statement no later than 70 days after

the entry of the judgment or settlement agreement on which the motion for fees will be based,

unless the court orders otherwise.

(f) Fee Motion. The movant shall attach the joint statement to the fee motion. Unless otherwise

allowed by the court, the motion and any supporting or opposing memoranda shall limit their

argument and supporting evidentiary matter to disputed issues.

(g) Motion for Instructions. A motion may be filed seeking instructions from the court where it

appears that the procedures set forth in this rule cannot be followed within the time limits

established by the rule or by order of court because of—

(1) the inability of the parties to resolve a dispute over what materials are to be

turned over or the meaning of a provision of the rule,

(2) the failure of one or more of the parties to provide information required by the

rule, or

(3) other disputes between the parties that cannot be resolved after good faith

attempts.

The motion shall state with specificity the nature of the dispute or items not turned over and the

attempts made to resolve the dispute or to obtain the items. The motion must be filed not later than

14 days following the expiration of the time within which the matter in dispute or the materials not

turned over should have been delivered in accordance with the time table set out in this rule or in

the court’s order.

The court may on motion filed pursuant to this section, or on its own initiative, modify any time

schedule provided for by this rule.

Amended July 6, 2000, April 3, 2008, (nunc pro tunc December 16, 2004), and August 19, 2009

LR 54.4. Judgment of Foreclosure

Except as otherwise directed by the court, any form of judgment of foreclosure presented for

approval by the court shall contain the following statement with respect to attorneys’ fees:

The court has approved the portion of the lien attributable to attorneys’ fees only for purposes of

the foreclosure sale, and not for purposes of determining the amount required to be paid personally

by defendant in the event of redemption by defendant, or a deficiency judgment, or otherwise. In

the event of redemption by defendant or for purposes of any personal deficiency judgment, this

court reserves the right to review the amount of attorneys’ fees to be included for either purpose.

Plaintiff’s counsel is required to notify defendant of the provisions of this paragraph.

LR 54.5. Stipulation Regarding Payment of Fees and Costs Not Prepaid

(a) Stipulation. Where, pursuant to 28 U.S.C. §1915, 28 U.S.C. §1916 or 45 U.S.C. §153(b), a

plaintiff seeks to commence a civil action without paying fees and costs or giving security for

them, the plaintiff and, if represented, counsel for the plaintiff, shall file with the complaint a

stipulation that the recovery, if any, in the action shall be paid to the clerk, who shall pay from it

the filing fees and other costs not previously paid and remit the balance to the plaintiff or counsel

for plaintiff in accordance with section (b).

(b) Notification of Payment. Whenever money shall be paid to the clerk of this court in

compliance with section (a), the clerk shall notify the judge to whom the case is assigned of the

amount paid and of any fees prescribed by statute, including those established by the Judicial

Conference of the United States, which were not collected because plaintiff was permitted to

maintain an action without prepayment of such fees. The judge shall thereupon enter an order

directing the clerk to pay from the amount such fees and costs as were not prepaid and to remit the

balance to plaintiff or counsel for plaintiff. Local Rule 54.5 Abrogated per General Order

21-0011 on March 29, 2021

LR 56.1. Motions for Summary Judgment

(a) Moving Party. With each summary judgment motion filed under

Fed. R. Civ. P. 56, the moving party must serve and file—

(1) a supporting memorandum of law that complies with LR 56.1(g); and

(2) a statement of material facts that complies with LR 56.1(d) and that attaches

the cited evidentiary material.

(3) Failure to comply with LR 56.1(a)(1) or (a)(2) may be grounds for denial of the

motion.

(b) Opposing Party. Each party opposing a summary judgment motion shall serve

and file—

(1) a supporting memorandum of law that complies with LR 56.1(g);

(2) a response to the LR 56.1(a)(2) statement of material facts that complies with

LR 56.1(e) and that attaches any cited evidentiary material not attached to the

LR 56.1(a)(2) statement; and

(3) if the opposing party wishes to assert facts not set forth in the LR 56.1(a)(2)

statement or the LR 56.1(b)(2) response, a statement of additional material

facts that complies with LR 56.1(d) and that attaches any cited evidentiary

material not attached to the LR 56.1(a)(2) statement or LR 56.1(b)(2) response.

LR 56.1(b), the movant shall serve and file—

(1) a reply memorandum of law that complies with LR 56.1(g); and

(2) a response to the LR 56.1(b)(3) statement of additional material facts (if any)

that complies with LR 56.1(e) and that attaches any cited evidentiary material

not attached to the LR 56.1(a)(2) statement, the LR 56.1(b)(2) response, or the

LR 56.1(b)(3) statement. (Amended September 29, 2023)

(d) Statement of Material Facts.

(1) Form. Each LR 56.1(a)(2) statement of material facts and LR 56.1(b)(3)

statement of additional facts must consist of concise numbered paragraphs.

(2) Citations. Each asserted fact must be supported by citation to the specific

evidentiary material, including the specific page number, that supports it. The

court may disregard any asserted fact that is not supported with such a

citation.

(3) All evidentiary material identified in LR 56.1(a)(2) and LR 56.1(b)(3) citations

must be included as numbered exhibits with the statements of fact.

(4) LR 56.1(a)(2) statements of material facts and LR 56.1(b)(3) statements of

additional facts should not contain legal argument.

(5) A movant’s LR 56.1(a)(2) statement of material facts must not exceed 80

numbered paragraphs. An opposing party’s LR 56.1(b)(3) statement of

additional facts must not exceed 40 numbered paragraphs. A party must seek

the court’s permission before exceeding these limits.

(e) Response to Statement of Facts.

(1) Form. Each LR 56.1(b)(2) and LR 56.1(c)(2) response must consist of numbered

paragraphs corresponding to the numbered paragraphs in the LR 56.1(a)(2) or

LR 56.1(b)(3) statement, respectively, and must attach the evidentiary material

identified in LR 56.1(b)(2) and LR 56.1(c)(2), respectively. Each paragraph shall

set forth the text of the asserted fact (including its citations to the supporting

evidentiary material), and then shall set forth the response.

(2) Content. Each response must admit the asserted fact, dispute the asserted fact,

or admit in part and dispute in part the asserted fact. If the response admits in

part and disputes in part the asserted fact, it must specify which part of the

asserted fact is admitted and which part is disputed. A response may not set

forth any new facts, meaning facts that are not fairly responsive to the asserted

fact to which the response is made. A response may not assert legal arguments

except to make an objection, including objections based on admissibility,

materiality, or absence of evidentiary support. Motions to strike all or portions

of an opposing party’s LR 56.1 submission are disfavored. If a party contends

that its opponent has included objectionable or immaterial evidence or

argument in a LR 56.1 submission, the party’s argument that the offending

material should not be considered should be included in its response or reply

brief. In the event that the objection is overruled, the failure to admit or

dispute an asserted fact may constitute a waiver.

(3) Citations. To dispute an asserted fact, a party must cite specific evidentiary

material that controverts the fact and must concisely explain how the cited

material controverts the asserted fact. Asserted facts may be deemed admitted

if not controverted with specific citations to evidentiary material.

(f) Reply in Support of Statement of Facts. No reply to a LR 56.1(b)(2) or LR

56.1(c)(2) response is permitted without the court’s permission. The moving party

may use its reply memorandum of law to respond to an evidentiary or materiality

objection raised in a LR 56.1(b)(2) response. The opposing party must seek

permission from the court for a supplemental filing to respond to an evidentiary or

materiality objection raised in a LR 56.1(c)(2) response.

(g) Memorandum of Law. Each memorandum of law must set forth legal argument

in support of or opposition to summary judgment and may include a statement of

facts. When addressing facts, the memorandum must cite directly to specific

paragraphs in the LR 56.1 statements or responses.

Adopted April 20, 2006. Amended February 18, 2021

LR 56.2. Notice to Unrepresented Litigants Opposing Summary Judgment

Any party moving for summary judgment against an unrepresented party shall serve

the unrepresented party with its summary judgment papers and a copy of Federal

Rule of Civil Procedure 56, Local Rule 56.1, and this Local Rule 56.2 Notice. The

moving party must also file this Local Rule 56.2 Notice, with a certificate of service. If

the unrepresented party is not the plaintiff, the movant shall revise this Local Rule

56.2 Notice to describe the parties, movant, and nonmovant.

Notice to Unrepresented Litigants Opposing Summary Judgment

The defendant has moved for summary judgment against you. That makes the

defendant the “movant” and you the “nonmovant.” By moving for summary judgment,

the defendant is arguing to the judge that there is no need for a trial because: (1)

there is no legitimate disagreement about the important facts of the case; and (2)

applying the law to those facts, the defendant wins. The defendant may move for

partial summary judgment (meaning only as to some of the claims or issues raised by

your complaint) or for summary judgment on all claims.

When moving for summary judgment, the defendant must serve on you and file:

(1) a statement of facts, which is a list of the facts the defendant thinks are true

and undisputed;

(2) the evidence that supports those facts; and

(3) a memorandum of law that makes a legal argument about why the defendant

wins based on the law and the facts.

There are rules that both lawyers and people without lawyers must follow in moving

for or opposing summary judgment. If you do not follow the rules, then the judge

may not consider your facts or your arguments.

This notice is meant to help explain the summary judgment process to you. If you

have more questions, you can visit the United States District Court for the Northern

District of Illinois’s Clerk’s Office on the 20th floor of the Everett McKinley Dirksen

U.S. Courthouse, 219 S. Dearborn, Chicago, Illinois 60604, and ask about the William

J. Hibbler Memorial Pro Se Assistance Program. You can also make an appointment

with the program online. This program cannot provide you with a lawyer but can

answer certain procedural questions about opposing summary judgment.

What You Must File

To respond to the summary judgment motion, you must file, as separate documents:

 a response to the defendant’s statement of material facts (see Section I);

 a statement of additional facts, if you want the judge to consider facts not

included in the defendant’s statement of material facts or your response to the

defendant’s statement (see Section II);

 the evidentiary material that supports your response to the defendant’s

statement of facts and any statement of additional facts (the material should be

labeled as exhibits); and

 a memorandum of law that explains why the defendant is not entitled to

summary judgment based on the facts and the law (see Section III).

More details about these documents are below. If you do not respond to the

defendant’s summary judgment motion by the deadline the judge gives you, the judge

may rule on the motion based solely on what the defendant has to say. Even if you file

your own summary judgment motion, you still must respond to the defendant’s

summary judgment motion.

I. Response to Defendant’s Statement of Facts

The defendant has listed what it thinks are undisputed facts in a series of short

paragraphs. This document is called a “statement of facts.” For each fact, the

defendant must point to evidence—such as affidavits, deposition transcripts,

recordings, and other documents—that the fact is true.

You must respond to each of the defendant’s facts, paragraph by paragraph. If you

do not respond to a fact asserted by the defendant, the judge may decide

that you have admitted that the fact is true. Here is how you can respond to a

fact asserted by the defendant:

(a) Admit it.

If you agree with a fact, write “Admitted.” If you admit a fact in your response,

you cannot later deny that fact in your statement of additional facts or in your

legal argument.

(b) Dispute it.

If you think that a fact is not supported by the evidentiary material cited by the

defendant, you should write “Disputed” and then briefly explain why you

dispute the fact and cite the specific page(s) of evidence that supports your

position.

If your response cites evidence that the defendant did not submit, you must

include that additional evidence in an appendix filed and served along with

your response.

For example, if the defendant asserts that the traffic light was red at a

particular time and supports that assertion with an affidavit, and if you believe

that the light was green at that time, you can dispute the asserted fact and cite

to evidentiary material (such as an affidavit, declaration, or deposition

testimony) that supports your view that the light was green.

If you would like to object to a particular piece of evidence cited in the

defendant’s statement of facts—for example, because it is not relevant or is

hearsay—you should briefly explain your objection. When addressing facts, the

memorandum must cite directly to specific paragraphs in the LR 56.1

statements or responses. If you both disagree with a fact and object to the

evidence that the defendant cites to support that fact, then your response to

that fact should explain both your denial of the fact and your objection. If you

object to the defendant’s evidence but do not deny the fact, and the judge

overrules your objection, then the judge may consider you to have admitted the

fact.

Do not include these things in your response to statements of fact:

• New facts. To state new facts, meaning facts that are not fairly responsive to

the defendant’s asserted facts, list them in your separate statement of

additional fact (see Section II).

• Legal arguments. Legal arguments must be made in your brief (see Section

III). The one exception is for arguments in support of legal objections (for

example, hearsay) to the evidentiary material cited by the defendant.

For help formatting your response to the defendant’s statement of facts, see the Local

Rule 56.1 examples on the court’s website.

II. Statement of Additional Facts

If you want the judge to consider new facts—meaning facts other than those in the

defendant’s statement of facts or your response to the statement of facts—you must

submit a statement of additional facts as a separate document from your response to

the defendant’s statement. If you do not submit a statement of additional facts,

the judge may consider only the asserted facts in the defendant’s statement

of facts and any facts in your response to the defendant’s statement of facts

that are fairly responsive to the defendant’s asserted facts.

Your statement of additional facts should be organized into short, numbered

paragraphs with no more than one fact in each paragraph. Unless you get permission

from the judge, your statement of additional facts must not have more than 40

numbered paragraphs.

You must support each fact with a citation to a specific piece of evidence

that supports it. For example, you might cite a particular page of a deposition

transcript, a particular paragraph of an affidavit, or a timestamp on a recording. You

can cite the evidence that the defendant submitted with its statement of material

facts to support your statement of additional facts. You can also cite your own

evidence that the defendant did not submit, but you must file and serve that evidence

along with your statement of additional facts.

If you want to submit evidence of your own testimony (other than a deposition

transcript), you should prepare an affidavit or declaration, which sets forth facts you

know to be true based on your personal knowledge. An affidavit must be signed and

notarized, while a declaration must be signed and include the following language from

28 U.S.C. § 1746: “I declare under penalty of perjury that the foregoing is true and

correct. Executed on [insert date]. [Signature].”

For help formatting your statement of additional facts, see the Local Rule 56.1

examples on the court’s website. The defendant will have an opportunity to respond to

your statement of additional facts.

III. Memorandum of Law

The defendant has submitted a legal memorandum explaining why it should win the

case on summary judgment based on its statement of facts and governing law. You

must answer that brief by filing a memorandum that responds to the defendant’s

arguments and explains why the defendant should not win the case on summary

judgment. Your memorandum should be separate from your response to the

defendant’s statement of facts and your statement of additional facts.

Your memorandum should explain why the defendant is not entitled to summary

judgment. If you do not make a legal argument in your memorandum, you may lose

the opportunity to make that argument on appeal. You can argue that because you

and the defendant disagree on important facts, there needs to be a trial to decide

which of you is right about those facts. You can also explain why the defendant’s legal

arguments are wrong based on the law or based on the facts that you disputed in your

response and/or that you included in your statement of additional facts.

IV. Federal Rule of Civil Procedure 56 and Local Rule 56.1

Summary judgment is governed by Federal Rule of Civil Procedure 56, and the United

States District Court for the Northern District of Illinois also has a Local Rule 56.1.

Local Rule 56.1(a) explains what someone seeking summary judgment must submit,

and Local Rule 56.1(b) explains what you need to do to oppose summary judgment.

Reading this Notice is not a substitute for reviewing Rule 56 and Local Rule 56.1. You

should be familiar with Rule 56 and Local Rule 56.1 before you prepare your

opposition to summary judgment. You should also review the Local Rule 56.1

examples on the court’s website.

Adopted July 1, 2008. Amended February 19, 2021.

LR 58.1. Satisfaction of Judgment

The clerk shall enter the satisfaction of a judgment in any of the following circumstances:

(1) upon the filing of a statement of satisfaction of the judgment executed and

acknowledged by:

(A) the judgment-creditor, or

(B) by a legal representative or assignee of the judgment-creditor who files

evidence of their authority, or

proctor of record for the judgment- creditor.

(2) upon payment to the court of the amount of the judgment plus interest and costs;

(3) if the judgment-creditor is the United States, upon the filing of a statement of

satisfaction executed by the United States attorney;

(4) in an admiralty proceeding, upon issuance of an order of satisfaction, such order to be

made on the consent of the proctors if such consent be given within two years from the

entry of the decree; or

(5) upon receipt of a certified copy of a statement of satisfaction entered in another

district.

LR 62.1. Supersedeas Bond

The bond shall be conditioned for the satisfaction of the judgment in full together with costs,

interest, and damages for delay, if for any reason the appeal is dismissed or if the judgment is

affirmed, and to satisfy in full such modification of the judgment and such costs, interest, and

damages as the appellate court may adjudge and award.

A supersedeas bond, where the judgment is for a sum of money only, shall be in the amount of the

judgment plus one year’s interest at the rate provided in 28 U.S.C. §1961, plus $500 to cover costs.

If in conformance with LR 65.1, the bond may be approved by the clerk. The bond amount fixed

hereunder is without prejudice to any party’s right to seek timely judicial determination of a higher

or lower amount.

LR 65.1. Sureties on Bonds

(a) General. Bonds and similar undertakings may be executed by the surety or sureties alone,

except in bankruptcy and criminal cases or where a different procedure is prescribed by law. No

member of the bar nor any officer or employee of this court shall act as surety in any action or

proceeding in this court.

(b) Security. Except as otherwise provided by law, every bond or similar undertaking must be

secured by one of the following:

(1) the deposit of cash or obligations of the United States in the amount of the bond, or

(2) the undertaking or guaranty of a corporate surety holding a certificate of authority

from the Secretary of the Treasury, or

(3) the undertaking or guaranty of two individual residents of the Northern District of

Illinois, provided that each individual surety shall file an affidavit of justification, which

shall list the following information:

(A) the surety’s full name, occupation, residence and business addresses, and

(B) a statement showing that the surety owns real or personal property within this

district which, after excluding property exempt from execution and deducting the

surety’s debts, liabilities and other obligations (including those which may arise by

virtue of acting as surety on other bonds or undertakings), is properly valued at no

less than twice the amount of the bond.

(4) An unconditional letter of credit is an approved form of security and shall be

submitted on LR 65.1 Form of Letter of Credit, or on a form agreed to by the parties.

Adopted July 1, 2008

LR 65.1.1. Notice of Motion to Enforce Liability of Supersedeas Bond

Whenever a notice of motion to enforce the liability of a surety upon an appeal or a supersedeas

bond is served upon the clerk pursuant to Fed.R.Civ.P. 65.1, the party making such motion shall

deposit with the clerk one additional copy for each surety to be served.

LR 65.2. Approval of Bonds by the Clerk

Except in criminal cases, or where another procedure is prescribed by law, the clerk may approve

bonds without an order of court if—

(1) the amount of the bond has been fixed by a judge, by court rule, or by statute, and

(2) the bond is secured in accordance with LR 65.1(b).

LR 65.3. Security for Costs

Upon good cause shown, the court may order the filing of a bond as security for costs. Except as

ordered by the court, the bond will be secured in compliance with LR 65.1. The bond shall be

conditioned to secure the payment of all fees which the party filing it must pay by law to the clerk,

marshal or other officer of the court and all costs of the action which the party filing it may be

directed to pay to any other party.

LR 66.1. Receivers; Administration of Estates

(a) GENERAL. The administration of estates by receivers or other officers shall be similar to that

in bankruptcy cases except that the court in its discretion shall—

(1) fix the allowance of compensation of receivers or similar officers, their counsel, and

any others appointed to aid in the administration of the estate, and

(2) direct the manner in which the estate shall be administered, including the conduct of

its business, the discovery and acquirement of its assets, and the formation of

reorganization plans.

(b) REPORTS BY RECEIVER. Unless otherwise ordered, a receiver, or other similar officer

appointed by this Court, shall as soon as practicable after appointment, but in any event not later

than 21 days thereafter, file an inventory of all property, real, personal or mixed, of which the

receiver has taken possession or control, together with a list of the then known liabilities of the

estate and a report explaining such inventory.

Thereafter and until discharged, the receiver shall file a current report every four months, unless the

court fixes some other filing interval. The current report and account shall list the receipts and

disbursements and summarize the activities of the receiver.

Amended July 19, 2009

LR 67.1. Investment of Funds Deposited With Clerk

A party may deposit money in the court registry under Fed. R. Civ. P. 67(a) only by court order.

(a) Motion to Deposit Money

A party seeking to deposit money in the court registry must complete the following:

(1) file a motion for leave to make the deposit using the requested relief

in CM/ECF;

(2) attach a copy of a completed Registry Deposit Information Form as

an exhibit to the motion for leave to make the deposit; and

(3) submit a proposed order specifying the amount of money to be

deposited to the judge’s proposed order inbox.

The Clerk will administer money deposited into the court registry pursuant to 28 U.S.C. § 2041.

(b) Court Registry Investment System

(1) The Clerk will deposit all registry money in the Court Registry

Investment System (CRIS) of the Administrative Office of the U.S. Courts

pursuant to General Order 16-0017.

(2) The Clerk will deposit all interpleader money deposited pursuant

to 28 U.S.C. § 1335 in the CRIS Disputed Ownership Fund pursuant

to General Order 16-0017.

(3) Funds will not begin to accrue interest until they have cleared with

the Treasury.

The Director of the Administrative Office of the U.S. Courts is the custodian

of the CRIS funds and may, without further order of the court :

(1) assess fees based on the District Court Miscellaneous Fee Schedule;

(2) withhold and pay federal taxes on Disputed Ownership Funds; and

(3) distribute income from fund investments after assessing fees.

The Court’s order for disbursement of invested registry funds must include the name and address

of the payee(s) in addition to the total amount of principal and interest. If the amount of interest is

not known, the order shall read “principal plus interest” which will be disbursed to each payee.

In order for the Clerk to comply with the IRS Code and the rules thereunder, payees receiving

interest must provide a W-9 Taxpayer Identification and Certification form to the Clerk’s Office

via email to [email protected] prior to the disbursement from the invested account.

In criminal cases, where funds are deposited pre-judgment, the Clerk shall withdraw and apply any

interest earned towards the criminal financial obligations imposed against the defendant absent a

court order directing otherwise. Should the principal amount deposited with the Clerk fully satisfy

the criminal financial obligations imposed, the Clerk shall distribute any earned interest to the

United States Crime Victims Fund absent a court order entered at the time of sentencing directing

otherwise.

Amended October 23, 2017 and March 22, 2019

LR 69.1. Notice of Sale

The notice of a proposed sale of property directed to be made by an order or judgment of the court

in a civil action need not, unless otherwise ordered by the court, set out the terms of sale specified

in the order or judgment. The notice will be sufficient if in substantially the following form:

United States District Court

Northern District of Illinois

_______________Division

NOTICE OF SALE

Pursuant to (order or judgment) of the United States District Court for the Northern District of

Illinois, ______ Division, filed in the office of the clerk of that Court on (date) in the cause entitled

(name and docket number) the undersigned will sell at public sale at (place of sale) on (date and

hour of sale) the property in said (order or judgment) described and therein directed to be sold, to

which (order or judgment) reference is made for the terms of sale and for a description of the

property which may be briefly described as follows:

____________________________________________________________________

Dated: (date)

The notice need not describe the property by metes and bounds or otherwise in detail and will be

sufficient if in general terms it identifies the property by specifying its nature and location.

However, it shall state the approximate acreage of any real estate outside the limits of any town or

city, the street, lot and block number of any real estate within any town or city, the termini of any

railroad and a general statement of the character of any improvements upon the property.

LR 72.1. Designated Magistrate Judges: Referrals

At the time any case is filed and assigned to a district judge, the name of a magistrate judge shall

also be assigned in accordance with the procedures adopted pursuant to LR 40.2(a) when

applicable. The magistrate judge so assigned shall be the designated magistrate judge for that case.

Whenever a new case is assigned to a district judge directly and not by lot pursuant to LR 40.3(b),

the designated magistrate judge for the case originally assigned by lot will be the designated

magistrate judge for the later filed case.

Any judge wishing to refer a matter in a civil case pending on that judge’s calendar to a magistrate

judge may do so following procedures approved by the Executive Committee.

Where two or more cases are related, the designated magistrate judge in the lowest-numbered case

of the set of related cases will be the designated magistrate judge for all cases in the set. The

designated magistrate judge in the lowest-numbered case will remain the designated magistrate

judge for the set as long as any cases in the set are pending.

Except as ordered by the Executive Committee, the reassignment of a case from one district judge

to another shall not change the designated magistrate judge for that case.

Amended May 31, 2011 and June 27, 2024

LR 73.1. Magistrate Judges: Reassignment on Consent

(a) Right to Reassignment Upon Consent. Upon consent of all the parties, and upon approval

of the district judge to whom the case is assigned, a magistrate judge may conduct all

proceeding in a civil case, including a jury or non-

jury trial and entry of judgment in the case.

(b) Notification to all Parties of Right to Consent.

The Clerk of the court shall notify the

parties in all civil cases that they may, but are not required to, consent to have a magistrate

judge conduct any or all proceedings in a case and order the entry of a final judgment. Such

notice shall be given by

docket entry made at the time the case is filed. In the case of paper

filed complaints the Clerk shall provide such notice by mail.

To signify their

consent to the jurisdiction of the magistrate judge the parties must jointly file a statement

consenting to the reassignment. Forms of

Consent to Exercise of Jurisdiction by a Magistrate

Judge

may be utilized for such purpose; however, any joint filing signifying the parties’

consent to have all proceedings handled by the magistrate judge (such as in an Initial Status

Report or proposed Case Management Order) is sufficient provided all parties

sign such

consent.

(d) Reassignment of Case Upon Consent.

Any judge wishing to reassign a case pending on

that judge’s calendar to a magistrate judge following the consent by all parties to have the

magistrate judge conduct any and all proceedings in that case will transfer the case to the

calendar of the designated magistrate judge.

(e) Magistrate Judge Reassignment After Consent Occurs.

If a case in which a consent has

been filed is reassigned to a magistrate judge other than the magistrate judge designated

pursuant to Local Rule

72.1, the parties may object within 21 days of such reassignment. If a

timely objection is filed by any party, the case will be reassigned to the district judge before

whom it was last pending. If no objection has been filed within 21 days, the parties wi

ll be

deemed to have consented to the reassignment.

(f) Party Added After Consent Occurs.

A party added to a civil case after the case has been

transferred to the magistrate judge on consent will be given an opportunity to consent to the

continued exercise of case-

dispositive authority by the magistrate judge. The Clerk will notify

the addition

al party of the availability of a magistrate judge to exercise jurisdiction. A party

choosing to consent must, within 30 days of appearance, file a statement consenting to the

jurisdiction of the magistrate judge. The cas

e will be returned to the district judge for all

further proceedings unless a statement is properly signed and filed.

(g) Limited consents.

Parties may consent to the transfer of part of a proceeding to a magistrate

judge to act pursuant to 28 U.S.C.§

636(c). Such consents shall be filed in the same manner

as the consents for a transfer of the entire proceeding. Upon notification of the filing of such

consents by the parties, the district judge may transfer that portion of the case covered by the

consen

ts for reassignment to the calendar of the designated magistrate judge. Where such a

reassignment is made, the case shall remain on the calendar of the district judge.

LR 77.1. Places of Holding Court

The regular places of holding court in this District shall be the Everett McKinley Dirksen Federal

Courthouse at Chicago for the Eastern Division and the Stanley J. Roszkowski United States

Courthouse at Rockford for the Western Division.

No judge of this Court shall hold a special session or sessions of the court at a location or locations

other than the regular places of holding court, without first having obtained permission from the

Executive Committee, provided, that if an emergency matter arises at night, on Saturdays or

Sundays or holidays, a judge may entertain motions or petitions at a place other than a regular

place of holding court. Amended 5/27/16

LR 77.2. Emergencies; Emergency Judges

(a) Definitions. For the purpose of these rules—

(1) "Emergency judge" means the judge assigned to perform the duties of emergency judge specified by

any local rule or procedure adopted by the Court,

(2) "Emergency magistrate judge" means the magistrate judge assigned to perform the duties of emergency

magistrate judge specified by any local rule or procedure adopted by the Court, and

(3) "Emergency matter" means a matter of such a nature that the delay in hearing it that would result from its

being treated as any other matter would cause serious and irreparable harm to one or more of the parties to

the proceeding provided that requests for continuances or leave to file briefs or interrogatories in excess of

the limits prescribed by these rules will normally be entertained as emergency matters only during the

summer sessions, and

(4) "Summer session" means the fourteen-week period beginning on the first Monday in June.

(b) Duties of Emergency Judge. The emergency judge is responsible for hearing all emergency matters

not previously assigned to a judge of this Court that arise outside of the regular business hours of the Court,

except for discovery motions as set forth in subsection (c) below.

During regular office hours other than in the summer session, the emergency judge will not hear emergency

matters arising out of the cases assigned to the calendar of another judge where that judge is sitting, except

on approval of the chief judge at the request of the judge to whom the case is assigned. The emergency

judge will also hear the following matters or preside at the following ceremonies:

(1) petitions for admission brought by attorneys wishing to be admitted to practice before the Court;

(2) requests for review or de novo determinations of matters directly assigned to the duty magistrate brought

pursuant to LCR 50.4;

(3) petitions presented by the United States Immigration and Naturalization Service;

(4) ceremonies for the mass admission of attorneys to the bar of this Court; and

(5) ceremonies for the administration of the oath of allegiance to newly naturalized citizens.

brought before the emergency judge are referred and shall be brought before the magistrate judge assigned

to the case (or the emergency magistrate judge when the assigned magistrate judge is not sitting).

(d) Duties of Emergency Magistrate Judge. The emergency magistrate judge is responsible for hearing

any emergency matter arising in a case referred or assigned to a magistrate judge when that magistrate

judge is not sitting.

(e) Western Division. A party in a case filed in or to be filed in the Western Division with an emergency

matter should first contact the active Western Division district judge, or in that judge’s absence, the Western

Division magistrate judge who has been designated to be the duty magistrate judge in the Western Division.

If neither can be reached, then the emergency judge is authorized to handle the matter.

Committee Comment. In general, matters are to be presented to the judge to whom the case is assigned.

Under procedures adopted by the Court, if a judge anticipates being absent temporarily, that judge will

designate another judge to hear the absent judge's call. The name of the designated judge is posted on the

door of the courtroom regularly used by the absent judge. It is also posted on the Court’s website.

If the absent judge did not designate another judge or where both the absent judge and the designated

judge are unavailable, an emergency matter can then be taken before the emergency judge. If the

emergency judge should also be unavailable, the matter can be brought to the attention of the chief judge.

The chief judge is the chairperson of the Executive Committee, the Court's calendar committee. In that role

the chief judge can instruct the parties as to which judge should hear the matter.

While emergency matters arising outside of regular business hours are rare, it is not unusual that a party

can anticipate that happening. An example is ongoing negotiations which, if they do not reach agreement,

will lead one of the parties to seek injunctive relief and the negotiations must be concluded by a point in time

that lies outside of regular business hours, e.g., midnight on a Saturday. In such instances the party should

make every effort to contact the chambers of the emergency judge and inform staff of the potential

emergency. In this way arrangements can be made that will give greater assurance that the emergency

judge will be available in the event that the emergency matter does in fact occur. If an emergency matter

occurs outside of regular business hours and the party has not made prior arrangements with the

emergency judge, a telephone number is posted on the Court’s website for contacting a member of the staff

of the emergency judge.

Amended June 19, 2001, April 1, 2002, May 11, 2009, Dec. 22, 2015,

March 22, 2019

LR 77.3. Clerk to Sign Certain Orders

The clerk shall sign orders of the following classes without submission to the court:

(1) consent orders extending for not more than 21 days in any instance the time to file the

record on appeal and to docket the appeal in the appellate court, except in criminal cases;

(2) orders of discontinuance, or dismissal on consent, except in bankruptcy proceedings

and in causes to which Rules 23(c) and 66 of the Federal Rules of Civil Procedure apply;

and

(3) consent orders satisfying decrees or canceling bonds.

Amended July 19, 2009 and November 19, 2009

LR 78.1. Motions: Filing in Advance of Hearing

Except where a judge fixes a different time in accordance with this rule, the original of any motion

shall be filed by 4:30 p.m. of the second business day preceding the date of presentment.

A judge may fix a time for delivery longer than that provided by this rule, or elect to hear motions

less frequently than daily, or both. In those instances where a judge elects to fix a longer delivery

time, or hear motions less frequently than daily, or both, the judge shall notify the clerk in writing

of the practice to be adopted. The clerk shall maintain a list of the current motion practices of each

of the judges at the assignment desk.

LR 78.2. Motions: Denial for Failure to Prosecute

Where the moving party, or if the party is represented by counsel, counsel for the moving party,

delivers a motion or objection to a magistrate judge’s order or report without the notice required by

LR 5.3(b) and fails to serve notice of a date of presentment within 14 days of delivering the copy of

the motion or objection to the court as provided by LR 5.4, the court may on its own initiative deny

the motion or objection. Amended February 28, 2007 and November 19, 2009

Local Rule 78.2 Abrogated Per General Order 23-0036 on October 3, 2023.

LR 78.3. Motions: Briefing Schedules, Oral Arguments, Failure to File Brief

The court may set a briefing schedule. Oral argument may be allowed in the court’s discretion.

Failure to file a supporting or answering memorandum shall not be deemed to be a waiver of the

motion or a withdrawal of opposition thereto, but the court on its own motion or that of a party may

strike the motion or grant the same without further hearing. Failure to file a reply memorandum

within the requisite time shall be deemed a waiver of the right to file.

LR 78.4. Motions: Copies of Evidentiary Matter to be Served

Where evidentiary matter, in addition to affidavits permitted or required under Rules 5 or 6 of the

Federal Rules of Civil Procedure, will be submitted in support of a motion, copies thereof shall be

served with the notice of motion.

LR 78.5. Motions: Request for Decision; Request for Status Report

Any party may on notice provided for by LR 5.3 call a motion to the attention of the court for

decision.

Any party may also request the clerk to report on the status of any motion on file for at least seven

months without a ruling or on file and fully briefed for at least sixty days. Such requests will be in

writing. On receipt of a request the clerk will promptly verify that the motion is pending and meets

the criteria fixed by this section. If it is not pending or does not meet the criteria, the clerk will so

notify the person making the request. If it is pending and does meet the criteria, the clerk will

thereupon notify the judge before whom the motion is pending that a request has been received for

a status report on the motion. The clerk will not disclose the name of the requesting party to the

judge. If the judge provides information on the status of the motion, the clerk will notify all parties.

If the judge does not provide any information within ten days of the clerk's notice to the judge, the

clerk will notify all parties that the motion is pending and that it has been called to the judge’s

attention.

LR 79.1. Records of the Court

(a) Retention of Exhibits. Exhibits shall be retained by the attorney producing them unless the

court orders them deposited with the clerk. In proceedings before a master or other like officer, the

officer may elect to include exhibits with the report.

(b) Availability of Exhibits. Exhibits retained by counsel are subject to orders of the court. Upon

request, counsel shall make the exhibits or copies thereof available to any other party to enable that

party to designate or prepare the record on appeal.

responsible for them—

(1) 90 days after a final decision is rendered if no appeal is taken from that decision, or

(2) where an appeal is taken, within 30 days after the mandate of the reviewing court is

filed.

A party failing to comply with this rule shall be notified by the clerk to remove the exhibits. If a

party fails to remove the exhibits within 30 days following such notice, the material shall be sold

by the marshal at public or private sale or disposed of as the court directs. The net proceeds of the

sale shall be paid into the registry of the court.

(d) Withdrawal of Records. Pleadings and records filed and exhibits deposited with the clerk shall

not be withdrawn from the custody of the court except as provided by these rules or upon order of

court. Parties withdrawing their exhibits from the court’s custody and persons withdrawing items

pursuant to an order of court shall give the clerk a signed receipt identifying the material taken,

which receipt shall be filed.

LR 79.2. Redemption from Judicial Sales

The clerk shall maintain a listing in which shall be recorded any certificate of purchase issued by

the United States marshal, master in chancery or other officer of this court, together with any

certificate of redemption from such sale, the costs thereof to be taxed in the cause in which the sale

is made.

LR 80 International Arbitration Cases.

(a) Cases that pertain to an international arbitration seated in this district or the enforcement of an

award resulting from an international arbitration (together, “international arbitration cases”)

will be conducted in accordance with this Rule. An international arbitration case may be

conducted by teleconference or videoconference on consent of the parties or by order of the

Court.

(b) The party initiating an international arbitration case must designate the case as an

international arbitration matter on the designation sheet under LR 3.1.

electronically under LR 5.2(a) and must be served under LR 5.9.

(d) International arbitration cases are exempt from the Court’s Standing Order on Pretrial

Procedure, in accordance with LR 16.1.1(b).

(e) Counsel in international arbitration cases who are members in good standing of the bar of

the highest court of the jurisdiction where they are admitted to practice (including jurisdictions

outside of the United States) may, upon motion, be permitted to argue pro hac vice as though

they were members of the general bar of this Court subject to LR 83.12 and LR 83.14. A motion

for admission pro hac vice under this Rule must be on a form approved by the Executive

Committee. The Clerk will provide copies of such forms on request.

Adopted September 23, 2021; Amended September 29, 2023

LR 81.1. Complaints Under the Civil Rights Act, 42 U.S.C. §1983, by Persons in

Custody

Pro se complaints brought under the Civil Rights Act, 42 U.S.C. §1983, by persons in custody shall

be in writing, signed and certified. Such complaints shall be on forms supplied by the Court.

LR 81.2. Removals, Remands of Removals

After the entry of an order remanding a case to a state court pursuant to 28 U.S.C. §1447(c) the

clerk shall not transmit the certified copy of the remand order for 14 days following the date of

docketing that order unless the court ordering the remand directs the clerk to transmit the certified

copy of the order at an earlier date.

The filing of a petition for reconsideration of such order shall not stop the remand of the case

unless the court orders otherwise.

Adopted March 19, 2008

LR 81.3. Habeas Corpus Proceedings by Persons in Custody

(a) Approved Form. Petitions for writs of habeas corpus filed pursuant to 28 U.S.C. §2241 and

§2254 and motions filed pursuant to 28 U.S.C. §2255 shall, when filed by persons in custody, be

submitted on forms approved by the Executive Committee. The clerk will supply copies of the

approved forms to any person requesting them.

(b) Capital Punishment Cases. Post conviction petitions filed pursuant to 28 U.S.C. §2254 and

§2255 by or on behalf of a petitioner under sentence of capital punishment shall proceed in

accordance with the District Court Rules for the Disposition of Post Conviction Petitions Brought

Pursuant to 28 U.S.C.§ 2254 and § 2255 in Cases Involving Petitioners Under a Sentence of

Capital Punishment adopted by the Judicial Council of the Seventh Circuit.

or group seeking leave to file amicus briefs or motions should communicate with either the chief

deputy clerk or the senior staff attorney promptly after counsel’s appointment to establish

procedures to be used in the event of an emergency. Should an emergency arise before such

procedures have been established and at a time that the clerk’s office is not open, counsel should

use the phone number posted on the Court’s website for the Emergency Judge.

(d) §2255 Motions. The clerk shall cause a civil case number to be assigned to any motion filed

pursuant to 28 U.S.C. § 2255. Except where otherwise ordered, a separate file and docket of the

pleadings filed in connection with such motions shall be maintained under the civil case number.

The clerk shall cause a docket entry to be made on the criminal docket indicating the filing of any

§2255 motion and the civil case number assigned to the motion. The docket entry will also indicate

that a file and docket with that civil case number is maintained for filing and docketing the motion

and pleadings associated with the §2255 motion.

Amended Dec. 22, 2015

LR 81.4. Habeas Corpus Proceedings in Deportation Cases

(a) Appeal From Immigration Judge. Where an appeal from an order of an Immigration Judge is

permitted by law, the petition must show that the alien has taken such an appeal to the Board of

Immigration Appeals and that the appeal has been denied.

(b) Petition. In complying with the requirements of 28 U.S.C. §2242, the petitioner shall specify

the acts which have deprived the petitioner of a fair hearing or other reasons entitling petitioner to

the relief sought. To the extent practicable, the petition shall state the following:

(1) that the facts recited have been obtained from the records of the Department of

Homeland Security; or

(2) that access to such records has been refused, in which event the petition shall state

when and by whom application was made and refused; or

(3) that the interval between the notice of removal and the date of removal is too short to

allow an examination of the records.

The petition shall further set forth the dates of the notice and the affirmance of the orders, the date

set for departure, and the basis for inability to make the necessary examination.

served upon, the officer who has actual physical custody of the alien. Service may not be made

upon a master after a ship has cast off her moorings. Service may be not be made upon a captain of

an aircraft after an alien has boarded the aircraft and the aircraft door is closed. Service of the writ

does not stay the removal of an alien pending the court's decision on the writ, unless the court

orders otherwise.

Amended May 27, 2015

LR 83.1. Court Facilities: Limitations on Use

(a) Court Environs Defined. For the purpose of this rule the term "court environs" shall refer to

the following areas:

(1) in Chicago in the United States Courthouse:

(A) the 6th through the 8th floors, and the 10th through the 25th floors, including;

(B) the central jury assembly lounge, south elevator banks, and corridors leading from one to the

other on the 2nd floor; and,

floor except for the Designated Media Area;

(2) in Chicago, but not in the United States Courthouse, the Probation Offices located at 230 S.

Dearborn Street;

(3) in the Eastern Division, but not in Chicago, the immediate area surrounding the courtroom on

the 2nd floor of the Joliet City Hall; and,

(4) in Rockford in the United States Courthouse:

(A) the entire 2nd, 5th and 6th floors;

(B) the lobby and 1st floor areas to include the Bankruptcy Court clerk’s office, the offices of

Probation and Pretrial Services, and the public corridors immediately adjacent to those offices;

immediately adjacent to those spaces.

(b) Demonstrating, Soliciting & Loitering Prohibited. Soliciting and loitering within the court

environs is prohibited. The unapproved congregating of groups or the causing of a disturbance or

nuisance within or on the curtilage of the courthouses of this Court is prohibited. Demonstrating,

protesting, picketing or parading outside of the courthouses of this Court is prohibited only when

such action obstructs or impedes the orderly administration of justice.

(1) In Chicago, the designated Freedom of Speech and Expression area is the Federal Plaza, located

at the southwest corner of Adams and Dearborn Streets. The General Services Administration

maintains this area and may require special permitting.

(2) In Rockford, the designated Freedom of Speech and Expression area is public space located at

the corner of South Church and Cedar Streets. The General Services Administration maintains this

area and may require special permitting.

Chief Judge, or the United States Marshal, the taking of photographs, video, radio and television

broadcasting, or taping in the court environs during the progress of or in connection with any

judicial proceeding, whether or not court is actually in session, is prohibited.

(d) Marshal to Enforce. The United States Marshal shall enforce sections (b) and (c) of this rule,

either by ejecting violators from the courthouse or by causing them to appear before one of the

judges of this Court for a hearing and the imposition of such punishment as the Court may deem

proper.

Amended November 2, 2010, June 8, 2011, January 31, 2012, June 29, 2012, May 27, 2016,

March 22, 2019

LR 83.2. Oath of Master, Commissioner, etc.

(Rule Deleted June 2, 2011 per General Order 11-0012)

LR 83.3. Publication of Advertisements

Except in sales of realty or interests therein, publication of any notice or advertisement required by

law or rule of court shall be made in a newspaper of general circulation, in the city of Chicago

when the case is pending in the Eastern Division, and in a newspaper of general circulation in the

cities of Freeport or Rockford when the case is pending in the Western Division. Additional notices

or advertisements may be published via the Internet or e-mail, or such other means as ordered by

the court.

Amended June 2, 2011

LR 83.4. Transfers of Cases Under 28 U.S.C. §§ 1404, 1406, 1412

When an order is entered directing the clerk to transfer a case to another district pursuant to the

provisions of 28 U.S.C. §§ 1404, 1406, or 1412, the clerk shall delay the transfer of the case for 14

days following the date of docketing the order of transfer, provided that where the court directs that

the case be transferred forthwith, no such delay shall be made. In effecting the transfer, the clerk

shall transmit the original of all documents, including the order of transfer, and a certified copy of

the docket. The clerk shall note on the docket the date of the transfer.

The filing of a petition for reconsideration of an order of transfer shall not serve to stop the transfer

of the case. The court on its own motion or on motion of the party filing a petition for

reconsideration may direct the clerk not to complete the transfer process until a date certain or

further order of court.

LR 83.5. Confidentiality of Alternative Dispute Resolution Proceedings

Pursuant to 28 U.S.C. § 652(d), all non-binding alternative dispute resolution ("ADR") proceedings

referred or approved by any judicial officer of this court in a case pending before such judicial

officer, including any act or statement made by any party, attorney or other participant, shall, in all

respects, be privileged and not reported, recorded, placed in evidence, made known to the trial

court or jury (without consent of all parties), or construed for any purpose as an admission in the

case referred or in any case or proceeding. No participant in the ADR proceedings shall be bound

by anything done or said at the ADR conference unless a settlement is reached, in which event the

settlement shall be reduced to writing or otherwise memorialized and shall be binding upon all

parties to the settlement.

LR 83.10. General Bar

(a) Qualifications. An applicant for admission to the bar of this Court must be a member in good

standing of the bar of the highest court of any state of the United States or of the District of

Columbia. The applicant must be honest and of good moral character, and shall exhibit general

fitness to practice law.

(b) Petition Form. The Executive Committee will approve a form of petition to be used by

anyone applying for admission to practice. Copies of the approved form will be provided on

request by the Clerk.

the Clerk a completed petition for admission on the approved form.

The petitioner must electronically file with the petition the following attachments in pdf format:

(1) a certificate from the highest court of a state of the United States or of the District of

Columbia that the petitioner is a member in good standing of the bar of that court; and

(2) the affidavits of two attorneys who are currently and for at least two years have been

members in good standing of the bar of the highest court of any state of the United

States or of the District of Columbia and who have known the applicant for at least one

year, and

(3)an Oath of Office form signed by the petitioner declaring under penalty of

perjury that the information provided is true and correct.

(d) Screening the Petition. The Clerk, under the supervision of the Executive Committee, will

screen each petition to assure that it is filed on the correct form, has been completed, and contains

sufficient information to establish that the petitioner meets the qualifications required for the

general bar, and is accompanied by the required affidavits of sponsors, the Oath of Office form,

and a current indication of good standing. Where these requirements are met, an indication to

that effect will be placed on the petition and the petitioner will be notified that the petition is

approved. Where the requirements are not met, the petition will be returned to the applicant with

appropriate instructions.

(e) Taking the Oath. The petitioner’s signature on the "Oath of Office" must be a sworn

declaration.

(f) Admission Fee. Each petitioner shall pay an admission fee upon the filing of the petition,

subject to refund should the petitioner not be admitted. The amount of the fee shall be

established by the court in conjunction with the fee prescribed by the Judicial Conference of the

United States pursuant to 28 U.S.C. §1914.

(g) Certificate of Admission. On receipt of either (1) the petition form reflecting that the

petitioner has taken the oath of office, or (2) the petitioner’s own motion, accompanied by a letter

or certificate of good standing (not more than 30 days old at the time of application) to Practice

in another District of Illinois, and by the attorney’s certification that his or her right to practice

law is not suspended by order of court in any jurisdiction, the Clerk shall promptly issue a

certificate indicating that petitioner has been admitted to the general bar of this Court and shall

add petitioner’s name to the list of attorneys admitted to that bar.

Amended November 2, 2010, January 26, 2016, December 23, 2016, and July 27, 2018

LR 83.11. Trial Bar

(a) Definitions. The following definitions shall apply to this rule:

(1) The term "testimonial proceedings" refers to proceedings that meet all of the

following criteria:

(A) they are evidentiary proceedings in which all testimony is given under oath

and a record is made of the testimony;

(B) the witness or witnesses are subject to cross-examination;

(D) the parties to such proceedings are represented by attorneys; and

(E) where a proceeding is held before an administrative agency, the findings and

determinations of the agency are based upon the record and are reviewable for

sufficiency of evidence by a court of record.

Procedures limited to taking the deposition of a witness do not constitute

testimonial proceedings for the purposes of this rule.

(2) The term "qualifying trial" refers to an evidentiary proceeding that meets the

following criteria:

(A) it lasts at least one day;

(B) it is a trial or hearing that involves substantial testimonial proceedings going

to the merits; and

judge of a United States district court; a judge of a United States bankruptcy court; a

judge of the United States Tax Court; a judge of a trial court of record of a state, the

District of Columbia, or a territory of the United States; or any administrative law

judge.

(3) The term "participation units" shall mean a qualifying trial in which the petitioner

participated as the lead counsel or the assistant to the lead counsel.

(4) The term "observation unit" shall mean a qualifying trial that the petitioner observed while

being supervised by a supervising attorney who consulted with the petitioner about the trial.

At the time of the observation the supervising attorney must either be a member of the trial

bar of this Court or have had previous trial experience equivalent to at least 4 participation

units.

(5) The term "simulation unit" shall mean a trial advocacy program in which the focus is

experiential, as contrasted to lecture, in which the petitioner satisfactorily participated either

as a law school or a continuing legal education course.

(6) The term "training unit of the District Court" shall mean a training seminar officially

sanctioned by the Court (including, for example Pavey hearings on the administrative

exhaustion defense to a prisoner case, or "EAR" hearings for early resolution of prisoner

conditions-of-confinement claims).

(7) The term "qualifying unit of trial experience" shall include any of the following:

participation units, observation units, simulation units, or training units. A petitioner shall

be credited for units of trial experience as follows:

(A) for each participation unit, 2 units where the trial lasted 9 days or less, 3 units

where the trial lasted from 10 to 12 full days, and 4 units where the trial lasted 13 or

more full days;

(B) for each observation unit, 1 unit;

(D) for each training unit of the District Court, 1 unit.

(8) The term "required trial experience" shall mean not less than 4 qualifying units of trial

experience no more than 2 of which may be simulation units.

(b) Qualifications. An applicant for admission to the trial bar of this Court must be a member

in good standing of the general bar of this Court, must be a certified e-filer, must provide

evidence of having the required trial experience, and must be sponsored by one current

member of the trial bar who has known the applicant for at least one year and can attest to

his/her competence. An attorney seeking admission to the trial bar who is not a member of the

bar of this Court may apply for admission to both bars simultaneously. Trial bar membership

must be renewed every three years as set forth in section (i).

anyone applying for admission to the trial bar. Copies of the approved form will be provided

on request by the clerk.

(d) Screening the Petition. The Clerk, under the supervision of the Executive Committee,

will screen each petition to assure that it is filed on the correct form, has been completed,

and contains sufficient information to establish that the petitioner meets the qualifications

required for the trial bar. Where these requirements are met, an indication to that effect will

be placed on the petition and the petitioner will be notified that the petition is approved.

Where the requirements are not met, the petition will be returned to the applicant with

appropriate instructions.

(e) Admission Fee. Each petitioner shall pay an admission fee upon the filing of the petition,

subject to refund, should the petitioner not be admitted. The amount of the fee shall be

established by the court. The Clerk shall deposit the fee in the District Court Fund.

(f) Duty to Maintain Contact Information. Every member of the trial bar must maintain

current contact information (street address, telephone number, and e-mail address) with the

Clerk, and must advise the Clerk within 30 days of any change.

(g) Duty to Supervise. Every member of the trial bar shall be available to be assigned by

the court to supervise attorneys who are in the process of obtaining observation units

needed to qualify for membership in the trial bar. Such assignments shall be made in a

manner so as to allocate the responsibility imposed by this rule equally among all

members of the trial bar.

(h) Duty to Accept Assignments. Each member of the trial bar shall be available for

assignment by the court to represent or assist in the representation of those who cannot afford

counsel.

(i) Renewal. Membership in the trial bar must be renewed every three years. An applicant for

renewal must complete a Trial Bar Membership Renewal Form. The renewal fee shall be one-

half of the current fee for admission to the trial bar. An attorney who does not renew his/her

membership within one month of the expiration of the three-year anniversary date of admission

to the trial bar will be deemed to have withdrawn.

(j) Withdrawal from Trial Bar. A member of the trial bar may, on motion for good cause

shown, voluntarily withdraw from said bar. Such motion shall be filed with the Clerk for

presentation to the Executive Committee. Where the motion to withdraw is made by a member

of the current pro bono assignment list (LR83.35(b), the name of the attorney will be removed

from the pro bono assignment list if the motion is granted.

(k) Reinstatement. Any attorney who has withdrawn from membership in the trial bar pursuant

to section (j) but wishes to be reinstated must file a new petition for admission to the trial bar

and pay the full current trial bar fee. Where the attorney was a member of a pro bono assignment

list at the time the petition to withdraw was filed, the petition for trial bar admission shall include

a statement indicating the attorney’s present willingness and ability to accept an assignment

under LR83.35 through LR83.41. If the committee grants the motion in such an instance, it shall

direct that the attorney be included on the pro bono assignment list and remain there for one year

or until the attorney is assigned, whichever comes first.

Amended November 2, 2010, May 27, 2015, June 29, 2015,

December 23, 2016, March 29, 2018, and June 27, 2024

LR 83.12. Appearance of Attorneys Generally

(a) Who May Appear. Except as provided in LR 83.14 and as otherwise provided in this rule,

only members in good standing of the general bar of this Court may enter an appearance on

behalf of a party; file pleadings, motions or other documents; sign stipulations; or receive

payments upon judgments, decrees or orders. Attorneys admitted to the trial bar may appear

alone in all matters and serve as the lead attorney should a case go to trial. Attorneys admitted to

the general bar, but not to the trial bar, may appear alone in proceedings that are not

testimonial proceedings or criminal proceedings, but may not appear as the lead attorney

at trial. The following officers appearing in their official capacity shall be entitled to appear in all

matters before the court without admission to the trial bar of this Court: the Attorney General

of the United States, the United States Attorney for the Northern District of Illinois, the

Executive Director of the Federal Defender Program of the United States District Court for the

Northern District of Illinois, the Attorney General or other highest legal officer of any state,

and the State’s Attorney of any county in the State of Illinois. This exception to membership

in the trial bar shall apply to such persons as hold the above-described offices during their

terms of office, and to their assistants.

(b) Testimonial Proceedings. An attorney who is a member of the trial bar may appear alone during

testimonial proceedings. An attorney who is a member of the general bar, but not of the trial

bar, may appear during testimonial proceedings only if accompanied by a member of the trial

bar who is serving as advisor. For the purposes of this rule the definition of the term

"testimonial proceedings" is the same as in LR 83.11(a)(1).

of a defendant in a criminal proceeding. An attorney who is a member of the general bar, but not a

member of the trial bar, may (1) appear as lead counsel for a defendant in a criminal proceeding

only if accompanied by a member of the trial bar who is serving as advisor and (2) sign

pleadings, motions or other documents filed on behalf of the defendant only if such documents

are co-signed by a member of the trial bar.

(d) Waiver. A judge may permit an attorney admitted to the general bar, but not the trial bar, to

appear alone in a manner not otherwise authorized by this Rule only upon written request by the

client and a showing that the interests of justice are best served by a waiver of these rules. Such

permission shall apply only to the proceeding in which it was granted and shall be limited to

exceptional circumstances.

Amended June 24, 2009, December 23, 2016, November 20, 2020, and June 29, 2023

LR 83.13. Representation by Supervised Senior Law Students

A law school student who has been certified by the Administrative Director of Illinois Courts to

render services in accordance with Rule 711 of the Rules of the Illinois Supreme Court may

perform such services in this Court under like conditions and under the supervision of a

member of the trial bar of this Court. In addition to the agencies specified in paragraph (b) of

said Rule 711, the law school student may render such services under the supervision of the

United States Attorney for this District, the legal staff of any agency of the United States

government or the Federal Defender Program for this District including any of its staff or panel

attorneys or, with the prior approval of the assigned judge on a case-by-case basis, any member

of the trial bar of this court. The trial bar attorney who is supervising the senior law student

shall file an appearance in the matter. The law student shall not file an appearance.

Amended December 23, 2016

LR 83.14. Appearance by Attorneys Not Members of the Bar

A member in good standing of the bar of the highest court of any state or of any United States

district court may, upon motion, be permitted to argue or try a particular case in whole or in part

subject to the requirements of LR 83.12. A petition for admission under this rule shall be on a

form approved by the Executive Committee. The Clerk shall provide copies of such forms on

request.

The fee for admission under this Rule shall be established by the Court. The fee shall be paid to

the Clerk who shall deposit it in the District Court Fund.

A petition for admission under this rule may be presented by the petitioner. No admission under

this rule shall become effective until such time as the fee has been paid.

Amended May 31, 2011 and December 23, 2016

LR 83.15. Local Counsel: Designation for Service

(a) Designation. An attorney not having an office within this District (“nonresident attorney”)

may appear before this Court only upon having designated as local counsel a member of the bar

of this Court having an office within this District upon whom service of papers may be made.

Such designation shall be made at the time the initial notice or pleading is filed by the

nonresident attorney. Local counsel shall file an appearance but is not required to participate in

the case beyond performance of the duties identified in section (c).

(b) Penalties. Where a nonresident attorney tenders documents without the required designation

of local counsel, the Clerk shall process them as if the designation were filed and shall promptly

notify the attorney in writing that the designation must be made within 30 days. If the attorney

fails to file the designation within that time, the documents filed by the attorney may be stricken

by the court.

pleadings, and other documents and promptly notifying the nonresident attorney of their receipt

and contents. In emergencies, local counsel may appear on behalf of the nonresident attorney.

This rule does not require local counsel to handle any substantive aspects of the litigation. Nor

does the rule require local counsel to sign any pleading, motion or other paper (See

Fed.R.Civ.P. 11). Local Rule 83.15 Abrogated per General Order 23-0021 on July 6, 2023.

LR 83.16. Appearance Forms

(a) General. The Executive Committee will approve the format of the appearance form to be

used. The Clerk shall provide copies of the forms on request.

(b) Who Must File. Except as otherwise provided in these rules, an appearance form shall be

filed by every attorney or senior law student who represents a party in any proceeding brought in

this Court, whether before a district judge or magistrate judge. No appearance form need be

filed by the United States Attorney or any Assistant United States Attorney where the

appearance is on behalf of the United States, any agency thereof or one of its officials. The

United States Attorney’s Office must provide the name of a designated Assistant United States

Attorney who is to receive electronic notices of Court proceedings in addition to the notices

received by the United States Attorney’s central e-mail account.

individual attorney. The Clerk is directed to bring to the attention of the assigned judge any

appearance form listing a firm of attorneys rather than an individual attorney. For the purposes of

this rule, an individual attorney who practices as a professional corporation may file the

appearance as the professional corporation.

(d) When To Be Filed. An attorney required by these rules to file an appearance form shall file

the form prior to or simultaneously with the filing of any motion, brief or other document in a

proceeding before a district judge or magistrate judge of this Court, or at the attorney’s initial

appearance before a district judge or magistrate judge of this Court, whichever occurs first.

Where the appearance is filed by an attorney representing a criminal defendant in a proceeding

before a district judge or magistrate judge, the attorney shall serve a copy of the appearance on

the United States attorney.

(e) Penalties. If the Clerk determines that an attorney who has filed documents or appeared in

court has not filed the appearance form required by this rule, the Clerk will notify the district

judge or magistrate judge before whom the proceedings are pending. An attorney who fails to

file an appearance form where required to do so by this rule may be sanctioned.

(f) Emergency Appearances. An attorney may appear before a district judge or magistrate judge

without filing an appearance form as required by this rule where the purpose of the appearance is

to stand in for an attorney who has filed or is required to file such a form and the latter attorney

is unable to appear because of an emergency.

(g) Attorney ID Numbers. The number issued to members of the Illinois bar by the Illinois

Attorney Registration and Disciplinary Commission, or such other number as may be approved

by the Executive Committee, shall serve as the attorney’s identification number. The Clerk

shall issue identification numbers to attorneys who are not members of the Illinois bar.

Amended June 24, 2009 and December 23, 2016

LR 83.17. Withdrawal, Addition, and Substitution of Counsel

An attorney who has filed an appearance form pursuant to LR 83.16 is the attorney of record for

the party represented for all purposes incident to the proceeding in which the appearance was

filed. The attorney of record may not withdraw, nor may any other attorney file an appearance

on behalf of the same party or as a substitute for the attorney of record, without first obtaining

leave of court, except that substitutions or additions may be made without motion where both

counsel are of the same firm. Where the appearance indicates that pursuant to these rules a

member of the trial bar is acting as a supervisor or is accompanying a member of the general

bar, the trial bar member included in the appearance may not withdraw, nor may another

member be added or substituted, without first obtaining leave of court. Where an attorney

withdraws from representing a party in a case and no other attorney has an active appearance on

the docket for that party, the form Notification of Party Contact Information must be

electronically filed as an attachment to the motion to withdraw.

Amended 5/27/16 and December 23, 2016

LR 83.18. Transfer to Inactive Status

(a) Automatic Transfer. When a member of the general bar of this Court is transferred to

inactive status by the highest court of any state of the United States or the District of Columbia,

the order transferring the attorney to inactive status shall stand as the order transferring the

attorney to inactive status in this Court.

Upon being made aware of any order that would automatically transfer a member of the general

bar to inactive status, the Clerk shall promptly notify the attorney of the provisions of this rule.

The Clerk’s notice will identify the order upon which automatic transfer to inactive status is

being based.

Within 21 days of the mailing of the notice by the Clerk, the attorney subject to automatic

transfer to inactive status may file a motion with the Executive Committee requesting relief

from the transfer to inactive status and stating reasons for the request.

(b) Motion for Transfer. An attorney may, in the absence of disciplinary proceedings, file a

motion with the Executive Committee requesting transfer to inactive status. The Committee may

appoint the United States Attorney or any other attorney to conduct an investigation and make

recommendations to the Committee as to whether the motion should be granted.

engage in the practice of law before this Court until restored to active status.

(d) Automatic Reinstatement. When an attorney has been transferred to inactive status by the

highest court of any state of the United States or the District of Columbia solely for nonpayment

of registration fees and has been reinstated upon payment of registration fees, that attorney will

automatically be reinstated to the roll of attorneys of this Court upon receipt of notification by

the clerk of that court.

(e) Reinstatement. An attorney who has been transferred to inactive status may file a petition for

reinstatement with the Executive Committee. If the petition is denied by the Executive

Committee, the attorney shall, upon request, be granted a hearing for review of the denial.

(f) Disciplinary Proceedings. Disciplinary proceedings may be commenced against an attorney

in inactive status. If a disciplinary proceeding is pending against an attorney at the time the

attorney is transferred to inactive status, the Executive Committee shall determine whether the

disciplinary proceeding is to proceed or is to be held in abeyance until further order of the

Committee.

Amended December 23, 2016

LR 83.25. Disciplinary Proceedings Generally

(a) Definitions. The following definitions shall apply to the disciplinary rules:

(1) The term "another court" shall mean any other court of the United States or of the

District of Columbia, or of any state, territory, commonwealth, or possession of the

United States.

(2) The term "complaint of misconduct" shall mean any document in which it is alleged

that an attorney practicing before this Court is guilty of misconduct.

(3) The term "discipline" shall include disbarment, suspension from practice before this

Court, reprimand or censure, and such other disciplinary action as the circumstances may

warrant, including, but not limited to, restitution of funds, satisfactory completion of

educational programs, compliance with treatment programs, and community service.

The term discipline is not intended to include sanctions or contempt.

(4) The term "misconduct" shall mean any act or omission by an attorney admitted to

practice before this Court that violates the applicable Code of Conduct.

(b) Executive Committee. The Executive Committee shall serve as the disciplinary committee

of the Court.

necessary for a district judge, magistrate judge or bankruptcy judge of this Court to maintain

control over proceedings conducted before that district judge, magistrate judge or bankruptcy

judge, such as proceedings for contempt under LR 37.1, Fed.R.Crim.P. 42 or18 U.S.C. §§401

and 402.

(d) Attorneys Admitted Under LR 83.14. An attorney who is not a member of the bar of this

Court who, pursuant to LR 83.14, petitions to appear or is permitted to appear in this Court for

purposes of a particular proceeding (pro hac vice), shall be deemed thereby 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.

(e) Confidentiality. Proceedings before the Executive Committee shall be confidential, except

that the Committee may in the interests of justice and on such terms it deems appropriate

authorize the Clerk to produce, disclose, release, inform, report, or testify to any information,

reports, investigations, documents, evidence or transcripts in the clerk’s possession. Where a

disciplinary proceeding is assigned to a judge of this Court pursuant to these rules, the record and

hearings in the proceeding before that judge shall be public, unless for good cause that judge

shall in writing order otherwise. Final orders in disciplinary matters shall be a matter of public

record and may be published at the direction of the Executive Committee or the assigned judge.

(f) Filing. An answer to a rule to show cause, a statement of charges, and any other document

filed in connection with a disciplinary proceeding before the Executive Committee shall be filed

with the attorney admissions coordinator or such other deputy clerk as the Clerk may in writing

designate.

Committee Comment: A proceeding to discipline a member of the bar of this Court can arise in

one of three ways: another court disciplines the attorney; the attorney is convicted of a serious

crime; or a complaint is filed alleging misconduct on the part of the attorney. Traditionally, most

disciplinary proceedings have been reciprocal proceedings, i.e., proceedings initiated following

the discipline of the attorney by another court. The next largest group of disciplinary proceedings

consist of those initiated by the conviction of an attorney in this Court for a serious crime.

The Executive Committee is the disciplinary committee of the Court. In those circumstances

where an evidentiary hearing may be required as part of the disciplinary proceeding, the

Committee may direct that the proceeding be assigned to an individual judge. (LR 83.28(e))

As section (c) indicates, the disciplinary rules are not intended to diminish or usurp the authority

of a judge in maintaining order in that judge’s courtroom or in enforcing compliance with that

judge’s orders. Disciplinary proceedings are not alternatives to contempt proceedings.

LR 83.14 establishes the procedures for admitting an attorney who wishes to appear pro hac

vice. Section (d) of LR 83.25 provides that such attorneys are subject to the same discipline as

attorneys who are members of the general bar of the Court.

Section (e) of this rule provides that in general disciplinary proceedings are confidential. Any

final orders imposing discipline are public. Where a proceeding is assigned to an individual

judge, it becomes at that point like any other civil proceeding, a matter of public record. As with

any other civil case, there may be exceptional circumstances where some or all of the record or

hearings should not be made public. Section (e) permits this.

Section (f) makes explicit what has been a practice of long standing: materials relating to

disciplinary proceedings before the Executive Committee are to be filed with the Attorney

Admissions Coordinator. This procedure enables more effective control over the documents in

disciplinary proceedings, a control necessary to assure that the confidentiality of such

proceedings is maintained. In addition, the coordinator serves as a source of information on

procedure for attorneys involved in disciplinary proceedings .

Amended May 31, 2011 and December 23, 2016

LR 83.26. Discipline of Attorneys Disciplined by Other Courts

(a) Duty to Notify. Any attorney admitted to practice before this Court shall, upon being

subjected to public discipline by another court, promptly inform the Clerk of this Court of

such action.

(b) Disciplinary Order as Evidence. Except as provided in section (e), the 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.

order demonstrating that an attorney admitted to practice before this court has been

disciplined by another court, the Executive Committee shall forthwith enter an order

directing that the attorney inform the Committee of any claim by that attorney predicated

upon the grounds set forth in section (e) that the imposition of the identical discipline by this

Court would be unwarranted and the reasons for such a claim. The order will also provide

that the response, if any, is to be filed with the Clerk within 14 days of service. A certified

copy of the order and a copy of the judgment or order from the other court will be served on

the attorney by (1) certified mail to the attorney’s last known address with return receipt

requested; (2) shipping services (e.g., UPS/FedEx) with signature required; (3) CM/ECF; or (4)

email. Any one of these methods is sufficient to provide notice under this rule.

(d) Effect of Stay of Imposition of Discipline in Other Court. In the event the discipline

imposed in the other jurisdiction has been stayed, any reciprocal discipline imposed in this

Court shall be deferred until such stay expires.

(e) Imposition of Discipline; Exceptions. Upon the expiration of 14 days from service of

the notice issued pursuant to the provisions of section (b), the Executive Committee shall

immediately impose the identical discipline unless the attorney demonstrates, or the Executive

Committee finds--

(1) that the procedure before the other court was so lacking in notice or opportunity to

be heard as to constitute a deprivation of due process; or

(2) that there was such a 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

(3) that the imposition of the same discipline by this Court would result in injustice; or

(4) that the misconduct established is deemed by this Court to warrant

different discipline.

If the Executive Committee determines that any of those elements exist, it shall enter such other

order as it deems appropriate.

An order imposing suspension or disbarment shall be entered on every docket in the attorney’s

pending cases. The order shall be sent by: (1) certified mail to the attorney’s last known address

with return receipt requested; (2) shipping services (e.g., UPS/FedEx) with signature required; (3)

CM/ECF; or (4) email. Any one of these methods is sufficient to provide notice under this rule.

Amended January 30, 2009, December 23, 2016, September 30, 2019, and

April 21, 2022.

LR 83.27. Discipline of Convicted Attorneys

(a) Automatic Suspension. Upon the filing with this 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 in this or another court, the Executive Committee shall enter an

order immediately suspending that attorney, until final disposition of a disciplinary proceeding

to be commenced upon such conviction. Such order shall be entered regardless of whether the

conviction resulted from a plea of guilty or nolo contendere or from a verdict after trial or

otherwise, and regardless of the pendency of any appeal. The Clerk shall send the order by: (1)

certified mail to the attorney’s last known address with return receipt requested; (2) shipping

services (e.g., UPS/FedEx) with signature required; (3) CM/ECF; or (4) email. Any one of

these methods is sufficient to provide notice under this rule. AA copy of the order shall be

entered on every docket in the attorney’s pending cases. During any such period of

suspension, the Clerk’s Office will provide the party with Notices of Docket Activity in the

case until such time as the suspension is terminated or another attorney appears on behalf of

the client. Upon good cause shown, the Executive Committee may set aside such order when it

appears in the interest of justice to do so.

(b) Judgment of Conviction as Evidence. A certified copy of a judgment of conviction of

any 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.

certified copy of a judgment of conviction of an attorney for a serious crime, the Executive

Committee shall, in addition to suspending that attorney in accordance with the provisions of

this rule, institute a disciplinary proceeding in which the sole issue to be determined shall be

the extent of the final discipline to be imposed as a result of the conduct resulting in the

conviction. Each disciplinary proceeding so instituted will not be concluded until all appeals

from the conviction are concluded.

(d) Proceedings Where Attorney Convicted of Other Than 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 Executive Committee may, in its discretion, initiate a disciplinary

proceeding.

(e) Reinstatement where Conviction Reversed. An attorney suspended pursuant to section (a)

will be reinstated immediately upon the filing of a certificate demonstrating that the underlying

conviction of a serious crime has been reversed, but the reinstatement will not terminate any

disciplinary proceeding then pending against the attorney. The disposition of such proceeding

shall be determined by the Executive Committee on the basis of all available evidence

pertaining to both guilt and the extent of discipline to be imposed.

(f) Duty to File Notification of Party Contact Information form. Where a suspended or

disbarred attorney mandatorily withdraws from representing a party in a case and no other

attorney has an active appearance on the docket for that party, the form Notification of Party

Contact Information must be electronically filed as an attachment to the motion to withdraw.

Amended December 23, 2016, September 30, 2019, and April 21, 2022

LR 83.28. Discipline of Attorneys for Misconduct

(a) Complaint of Misconduct. Any complaint of misconduct shall be filed with the chief

judge. The complaint may be in the form of a letter. The chief judge shall refer it to the

Executive Committee for consideration and appropriate action.

(b) Action by Executive Committee. On receipt of a complaint of misconduct, the Committee

may forward a copy to the attorney and ask for a response within a time set by the Committee.

On the basis of the complaint of misconduct and any response, the Committee may—

(1) determine that the complaint merits no further action, or

(2) direct that formal disciplinary proceedings be commenced, or

(3) take such other action as the Committee deems appropriate, including the

assignment of an attorney pursuant to LR 83.29.

allegations of misconduct, the Executive Committee shall issue a statement of charges. In

addition to setting forth the charges, the statement of charges shall include an order requiring

the attorney to show cause, within 14 days after service, why the attorney should not be

disciplined.

Upon issuance of the statement of charges, the Clerk shall send the order by: (1) certified mail

to the attorney’s last known address with return receipt requested; (2) shipping services (e.g.,

UPS/FedEx) with signature required; (3) CM/ECF; or (4) email. Any one of these methods is

sufficient to provide notice under this rule. A If the statement is returned as undeliverable, the

Clerk shall so notify the Executive Committee. The Executive Committee may direct that

further attempts at service be made, either personal service by a private process server or by

the United States marshal, or by publication. Personal service shall be accomplished in the

manner provided by Fed.R.Civ.P. 5(b) for service other than by mail.

Service by publication shall be accomplished by publishing a copy of the rule to show cause

portion of the statement in accordance with the provisions of LR 83.3. Except as

otherwise directed by the Executive Committee, the division of the Court in which the notice is

to be published will be as follows:

(1) where the last known address of the attorney is located in the District, the division

in which the address is located; or,

(2) where no address is known or the last known address is outside of the District,

the Eastern Division.

(d) Answer; Declaration. The attorney shall file, with the answer to the statement of charges,

a declaration identifying all courts before which the attorney is admitted to practice. The form

of the declaration shall be established by the Executive Committee.

(e) Assignment to Individual Judge. Following the filing of the answer to the statement of

charges, if the Executive Committee determines that an evidentiary hearing is required, the

proceeding shall be assigned by lot for a prompt hearing before a judge of this Court. The

assigned judge shall not be one who was a member of the Executive Committee that

determined that an evidentiary hearing was required. The decision of the assigned judge shall

be final.

(f) Disbarment on Consent. 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 disbarment, but only by delivering a declaration stating that the attorney

desires to consent to disbarment and that:

(1) the attorney’s consent is freely and voluntarily rendered;

(2) the attorney is not being subjected to coercion or duress;

(3) the attorney is fully aware of the implications of so consenting;

(4) the attorney is aware that there is presently pending an investigation or

proceeding involving allegations that there exist grounds for the attorney’s

discipline, the nature of which the attorney shall specifically set forth; and

(5) the attorney acknowledges that the material facts so alleged are true.

Upon receipt of the required declaration, the Executive Committee shall enter an order

disbarring the attorney. The order of disbarment on consent shall be a matter of public record.

However, the declaration shall not be publicly disclosed or made available for use in any other

proceeding except where the Executive Committee orders such release after finding it to be

required in the interests of justice.

An order imposing suspension or disbarment shall be entered on every docket in the attorney’s

pending cases. A copy of the order shall be sent by: (1) certified mail to the attorney’s last

known address with return receipt requested; (2) shipping services (e.g., UPS/FedEx) with

signature required; (3) CM/ECF; or (4) email. Any one of these methods is sufficient to provide

notice under this rule. A

Amended May 24, 2013, December 23, 2016, September 19, 2019, and April 21, 2022

LR 83.29. Discipline: Assignment of Investigation Counsel

(a) Assignment. The Executive Committee or the judge to whom the case is assigned may

assign one or more attorneys to investigate allegations of misconduct, to prosecute disciplinary

proceedings, or to review a reinstatement petition filed by a disciplined attorney. The United

States attorney or an assistant United States attorney, the administrator of the Attorney

Registration and Disciplinary Commission of the Supreme Court of Illinois or a designee of the

administrator, or a member of the bar of this Court may be assigned. Once assigned, an attorney

may not resign unless permission to do so is given by the Executive Committee or the judge to

whom the case is assigned.

(b) Subpoenas. An attorney assigned under section (a) may, with the approval of the

Executive Committee or the presiding judge, cause subpoenas to be issued during the

proceedings. Any subpoenas issued pursuant to this rule shall be returnable before the

Executive Committee or the presiding judge.

Amended May 24, 2013 and December 23, 2016

LR 83.30. Reinstatement

(a) Automatic & by Petition. An attorney suspended for 3 months or less shall be

automatically reinstated at the end of the period of suspension. An attorney suspended for more

than 3 months or disbarred may not resume practice until reinstated by order of the Executive

Committee.

(b) Petition for Reinstatement. A petition for reinstatement may be filed under the

following conditions:

(1) by a suspended attorney: An attorney who has been suspended for a period of more

than 3 months may petition for reinstatement at any time following the conclusion of

the period of suspension.

(2) by a disbarred attorney: A petition to reinstate a disbarred attorney may not be

filed until at least 5 years has elapsed from the effective date of the disbarment.

Following an adverse decision upon a petition for reinstatement, a period of at least 1 year must

elapse from the date of the order denying reinstatement before a subsequent petition for

reinstatement may be filed.

Petitions for reinstatement shall be filed with the attorney admissions coordinator or such other

deputy as the Clerk may in writing designate. The Executive Committee may grant the petition

without hearing, decide the petition based on a hearing before the Committee, or assign the

matter for prompt hearing before, and decision by, a judge of this Court. Where the Committee

directs that the petition be assigned to a judge, the assignment will be in the same manner as

provided by LR 83.28(e) for the assignment of a statement of charges alleging misconduct.

the Executive Committee scheduled for not less than 7 days after the time the petition is filed.

At that meeting, the Committee will consider whether to grant the petition, schedule a hearing,

or direct that it be assigned to a judge. Where a hearing is to be held and the Executive

Committee has directed that the matter be assigned to a judge, it shall be scheduled for a date

not less than 30 days from the date of assignment.

(d) Burden of Proof. At the hearing, the petitioner shall have the burden of demonstrating by

clear and convincing evidence that the petitioner has the requisite character and fitness for

admission to practice law before this Court and that the petitioner’s 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.

(e) Duties of Counsel. Where an attorney is appointed pursuant to LR 83.29, cross-examination

of the witnesses of the petitioner and the submission of evidence in opposition to the petition,

if any, shall be by that attorney.

(f) Conditions of Reinstatement. The petition for reinstatement shall be denied if the

petitioner fails to demonstrate fitness to resume the practice of law. If the petitioner is found

fit to resume the practice of law, the judgment shall reinstate the petitioner, but may make

reinstatement conditional upon the making of partial or complete restitution to parties harmed

by the conduct

of petitioner which led to the suspension or disbarment. If the petitioner has been suspended or

disbarred for 5 years or more, reinstatement may be conditioned, in the discretion of the

Executive Committee or the judge before whom the matter is heard, upon the furnishing or

proof of competency and learning in the law. Such 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.

Amended December 23, 2016

LR 83.31. Duties of the Clerk

(Rule moved to Internal Operating Procedure 8 May 31, 2011)

LR 83.35. Pro Bono Program

(a) DEFINITIONS. The following definitions shall apply to the pro bono rules:

(1) The term “assignment of counsel” shall mean the assignment of a member of the

trial bar to represent a party who lacks the resources to retain counsel. Such

assignment shall only be in a civil action or appeal 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. It shall

include a magistrate judge where the assignment is made in a civil case assigned to a

magistrate judge for all purposes pursuant to 28 U.S.C. §636(c) or referred for

evidentiary hearings pursuant to 28 U.S.C. §636(b)(1)(B).

(3) The terms “pro bono rules” and “pro bono program” shall refer to LR83.35

through 83.41.

(b) PRO BONO ASSIGNMENT PROCESS.

(1) Procedures for pro bono assignments are set out in LR 83.36.

(2) An attorney who is exempt from pro bono assignment pursuant to LR 83.35(c) shall

notify the Clerk of the exemption when the attorney receives a notice of assignment of

counsel. The Clerk may remove the attorney’s name from the panel and from the pool

for one year.

(3) After accepting a pro bono assignment, trial bar members will ordinarily be eligible for

subsequent pro bono assignment only after all non-exempt trial bar members have been

assigned a pro bono case in accordance with this rule.

with a showing that

(1) the attorney’s principal place of business is outside of this District, or

(2) the attorney is employed full-time as an attorney for an agency of the United States, a

state, a county, or any sub-division thereof, or

(3) the attorney is employed full-time as an attorney by a not-for-profit legal aid

organization.

(d) VOLUNTEERS. A member of the trial bar may volunteer for an assignment at any time and

may be assigned to the next available case.

(e) COMPLETION OF SERVICE. On and after the effective date of this rule, an attorney who has

accepted an assignment under this rule will ordinarily not be assigned another case until

every other member of the trial bar has been so assigned.

Amended December 23, 2016 and June 27, 2024

LR 83.36. Assignment Procedures

(a) Application. Any application for the assignment of counsel by a party appearing pro se

shall be on a form approved by the Executive Committee. The application shall include a form

of affidavit stating the party’s efforts, if any, to obtain counsel by means other than assignment

and listing any prior matters, pending or terminated, in which counsel has been assigned by

any judge of this court to represent that party. A completed copy of the affidavit of financial

status in the form required by LR 3.3(a)(2) shall be attached to the application. A pro se party

who was 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. Upon receipt of an application

for the assignment of counsel, the judge may first want to consider whether referral of the case

to the William J. Hibbler Memorial Pro Se Help Desk or the Settlement Assistance Program is

appropriate. If these referrals are not appropriate, the judge shall determine within a reasonable

time whether counsel is to be assigned to represent the pro se party pursuant to 28 U.S.C.

§1915(e).

(b) Selection of Attorney

(i) By the Clerk. Upon request from a judge, the Clerk will identify an attorney from

the pro bono assignment list at random for assignment, provided that attorneys whose practice

is primarily in the Western Division of this court will not be assigned to a case pending in the

Eastern Division.

(ii) By the Judge. The judge presiding in any case retains discretion to assign counsel

as set forth in IOP 08. Selection by a judge pursuant to IOP 08 is the equivalent of selection

by the Clerk for purposes of fulfilling the attorney’s trial bar case representation requirement.

An attorney selected by a judge must notify the Clerk of the assignment.

to counsel written notice of the assignment. In addition to notifying counsel, the Clerk shall

also notify all of the parties to the action of the assignment and include with such

notification the name, address, and telephone number of the assignee.

(d) Making Private Counsel Court-Assigned. A party represented by counsel, or the attorney

may, due to the party’s financial condition, seek to change the nature of the representation to

court-assigned representation, in order to render counsel eligible for reimbursement of expenses

from the District Court Fund pursuant to LR83.40. Such a change may be approved by the

court on a petition. Any such petition shall confirm that approval of the change in

representation will negate any existing fee agreements between the party and counsel, and that

any subsequent fee agreements between the party and counsel will be made in accordance with

the provisions of LR 83.41. The judge will grant the petition only if the judge would have

granted an application filed under this rule had the party not been represented by counsel.

Where a party is represented by more than one attorney, any order of assignment under this

section shall preclude prospective operation of fee agreements with all such counsel but the

assignment would be limited to those attorneys seeking such assignment.

Amended May 24, 2013, December 23, 2016, and June 27, 2024

LR 83.37. Duties & Responsibilities of Assigned Counsel

Upon receiving notice of assignment, counsel shall forthwith file an appearance in accordance

with LR 83.12 in the action to which counsel is assigned. Promptly following the filing of an

appearance, counsel shall communicate with the newly-represented party concerning the

action or appeal. 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 in the

action or appeal unless or until the attorney- client relationship is terminated as provided by

these rules.

Except where the assignment is terminated pursuant to LR 83.38 or LR 83.39, each assigned

counsel shall represent the party in the action from the date counsel enters an appearance until a

final judgment is entered in the action. If the matter is remanded to an administrative forum, the

assigned counsel shall, unless given leave to withdraw by the judge, continue to represent the

party in any proceeding, judicial or administrative, that may ensue upon an order of remand.

The assigned counsel is not required by these rules to continue to represent a party on appeal

should the party represented wish to appeal from a final judgment.

Upon assignment for purposes of settlement assistance, the attorney will assist in preparing for

the settlement conference, participate in the settlement conference on behalf of the pro se

litigant, and draft a settlement agreement and corresponding motion to dismiss, if appropriate.

Assistance under the Settlement Assistance Program will be limited only to the effort to settle

the case and will not extend to any other part of the litigation process.

Amended May 24, 2013 and December 23, 2016

LR 83.38. Relief from Assignment

(a) Grounds; Application. After assignment, counsel may move for relief from 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) Counsel is 70 years of age or older, has no active appearance on file in any

case in this District and requests relief from the assignment. Relief under this

provision does not require withdrawal from the trial bar or alternate pro bono

assignment.

(2) Some conflict of interest precludes counsel from accepting the responsibilities

of representing the party in the action.

(3) In counsel’s opinion, counsel is not competent to represent the party in the

particular type of action assigned.

(4) Some personal incompatibility or a substantial disagreement on litigation

strategy exists between counsel and the party.

(5) Because of the temporary burden of other professional commitments involved in

the practice of law, counsel lacks the time necessary to represent the party.

(6) In counsel’s opinion, the party is proceeding for purpose of harassment or

malicious injury, or the party’s claims or defenses are not warranted under existing law

and cannot be supported by good faith argument for extension, modification, or

reversal of existing law.

Any application by assigned 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.

Where the attorney requesting withdrawal from a pro bono assignment has previously

withdrawn from another assignment, the application shall disclose the case name and number,

the nature of the assignment and the reason for withdrawal.

(b) Order Granting Relief. If an application for relief from an order of assignment is

granted, 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. Such assignment shall be

made in accordance with the procedures set forth in LR 83.36. 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.

Where the judge enters an order granting relief from an order of assignment on the basis of

LR 83.38(a)(4) (substantial disagreement with the client) or LR 83.38(a)(5) (determination

that the case is frivolous or filed for improper purpose), or LR 83.39 (discharged by the

client), or for some other reason the attorney has performed substantial work on the

assignment, the judge shall determine whether the attorney has satisfied the case

representation obligation or should be eligible for a new assignment.

Where the judge enters an order granting relief from an order of assignment because the

assignment would create a conflict with a current representation, the attorney will be eligible

for another assignment.

Where the judge enters an order granting relief from an order of assignment on the grounds that

counsel lacks relevant substantive expertise or lacks the time to represent the party due to a

temporary burden of other professional commitments, counsel so relieved shall, except as

otherwise provided in the order, automatically be eligible for a new assignment in 12 months

time. An attorney relieved of assignment on such grounds will, within one year

(1) obtain any necessary substantive expertise, if that is the reason for relief from

assignment, and

(2) certify that the attorney has engaged in one of the following alternatives to case

representation in the 12 months prior to certification:

(i) at least 50 hours of substantial alternative pro bono effort in a trial or settlement

context (for example, service to the indigent or service to a governmental or civic

organization);

(ii) volunteering at either the District Court’s William J. Hibbler Memorial Pro Se Help Desk

or the Bankruptcy Assistance Desk for at least one shift per month for six months or six total

shifts over the course of the year. An attorney electing this alternative must complete or have

completed a Pro Se Help Desk or Bankruptcy Assistance Desk training session before beginning

service;

(iii) service as counsel for one assignment with the court’s Settlement Assistance

Program. An attorney electing this alternative must complete or have completed a

Settlement Assistance Program training session before the assignment.

An attorney who fails to satisfy one of these alternatives will, absent good cause, be deemed

to have withdrawn from the trial bar.

Amended December 23, 2016, March 29, 2018;

April 22, 2018; February 24, 2023; and June 27, 2024

LR 83.39. Discharge of Assigned Counsel on Request of Party

Any party for whom counsel has been assigned shall be permitted to request the judge to

discharge that counsel from the representation and to assign another. Such 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.

When such a request is supported by good cause, such as personal incompatibility or a

substantial disagreement on litigation strategy between the party and assigned counsel, the

judge shall forthwith 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. Such assignment shall be

made in accordance with the procedures set forth in LR 83.36. 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.

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.

Amended May 24, 2013 and December 23, 2016

LR 83.40. Expenses

(a) Any party for whom counsel has been assigned by the Court pursuant to LR 83.36

and has

filed an appearance on behalf of the party shall bear expenses of the litigation 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. If the

party is unable to pay the expenses of litigation, assigned counsel may, but is not required to,

advance part or all 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. Assigned

counsel may require repayment of any such expenses out of the proceeds of the payment of any

recovery consistent with any applicable rule of professional responsibility.

(b) Counsel recruited pursuant to LR 83.36 may obtain prepayment or reimbursement of

expenses from the District Court Fund in accordance with the provisions of the

Regulations

Governing the Prepayment and Reimbursement of Expenses in Pro Bono Cases. If a party

derives funds from a settlement, judgment, or other award of costs or fees in excess of $50,000,

the receiving party shall be required to reimburse the District Court Fund for any expenditures in

excess of $5,000 (other than interpreter fees) made on behalf of that party. Receipt of payments

and reimbursements from the District Court Fund operates as the receiving party’s consent to

this reimbursement requirement. If the receiving party does not derive funds in excess of

$50,000, no such reimbursement is required.

Amended June 30, 2015, December 23, 2016, March 22, 2019,

November 20, 2020, February 24, 2023, and June 27, 2024

LR 83.41. Attorney's Fees

(a) Party’s Ability to Pay. Where, as part of the process of assigning counsel, the judge finds

that the party is able to pay for legal services in whole or in part but that assignment is

nevertheless 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 is able to pay for legal services in

whole or in part, counsel shall bring that information to the attention of the judge. Thereupon

the judge may either (1) authorize the party and counsel to enter into a fee agreement subject

to the judge’s approval, or (2) relieve counsel from the responsibilities of the order of

assignment and either permit the party to retain an attorney or to proceed pro se.

(b) Fee Agreements. If assigned counsel wishes to negotiate a fee arrangement with the client,

counsel is expected to do so at the outset of the representation. Any such fee arrangement is

subject to all applicable rules and canons of professional conduct. Any fee agreement that

assigned counsel and the client may reach must be submitted to the court for review and

approval before the agreement becomes effective, and is subject to revision by the court.

attorney’s fees to assigned counsel for services rendered in the action as authorized by

applicable statute, regulation, rule, or other provision of law, including case law.

Amended January 31, 2012, June 29, 2015 and December 23, 2016

LR 83.50. Rules of Professional Conduct

Applicable disciplinary rules are the Model Rules adopted by the American Bar Association. On

any matter not addressed by the ABA Model Rules or for which the ABA Model Rules are

inconsistent with the Rules of Professional Conduct, a lawyer admitted to practice in Illinois is

governed by the Illinois Rules of Professional Conduct, as adopted by the Illinois Supreme Court,

and a lawyer not admitted to practice in Illinois is bound by the Rules of Professional Conduct for

the state in which the lawyer’s principal office is located. Notwithstanding the foregoing, limited

scope appearances of attorneys, as set forth in Illinois Supreme Court Rules 11(e), 13(c)(6),

13(c)(7), and any comparable rules of other states, are not permitted in matters before this Court.

Any attorney seeking to enter a limited appearance on behalf of a party may do so only with leave

of Court.

Adopted June 2, 2011, Amended May 23, 2014

LR 83.58.5. Jurisdiction

Any lawyer practicing before this Court is subject to the disciplinary authority of this Court

although also engaged in practice elsewhere.

Committee Comment. In addition to the fact that Illinois lawyers practice in Illinois state courts

as well as in this Court, in modern practice lawyers frequently act outside the territorial limits of

the jurisdiction in which they are licensed to practice, either in another state or outside the United

States. In doing so, they remain subject to the governing authority of this Court as well as the

state jurisdiction in which they are licensed to practice.

Where the lawyer is licensed to practice law before two courts which impose conflicting

obligations, applicable rules of choice of law may govern the situation. This Court’s adoption of

rules differing to some extent from the Illinois Rules has been intended, to the maximum extent

possible, to minimize, or avoid entirely, such conflicting obligations.

ADMIRALTY RULES

LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules

Local rules numbered as LRSupA.1, LRSupB.1, etc., are associated with the Supplemental Rules

For Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. They may

be referred to as the “local admiralty rules.” The terms “Supplemental Rule” and “Supplemental

Rules” as used within the local admiralty rules shall refer to one or all of the Supplemental Rules

for Certain Admiralty Claims of the Federal Rules of Civil Procedure.

The local civil rules of this Court shall apply to admiralty and maritime claims to the extent they

are not inconsistent with the local admiralty rules.

LRSupB.1. Attachments & Garnishments: Special Provisions

(a) Suits Filed In Forma Pauperis. In suits in forma pauperis no process in rem shall issue

except upon proof of 24 hours’ notice to the owner of the property or his agent, of the filing of the

complaint unless allowed by the court.

(b) Service. In actions in personam where the debts, credits or effects named in any process of

maritime attachment and garnishment are not delivered up to the marshal by the garnishee or are

denied by him to be the property of the defendant it shall be a sufficient service of such process to

leave a copy thereof with such garnishee, or at his usual residence or place of business, with

notice of the property attached. On return by the marshal, the plaintiff may proceed to a hearing

and final judgment in the cause on providing proof to the satisfaction of the court that the

property belongs to defendant.

In actions in rem, process against freight or proceeds of property in possession of any person may

be served in the same manner.

Fed.R.Civ.P. 12 has been filed, the plaintiff may have an ex parte hearing of the cause and a

judgment without notice, except that:

(1) if an appearance has been filed, 7 days’ notice of the hearing shall be given by the

plaintiff to all persons who have appeared; and

(2) final judgment shall not enter against arrested or attached property until it is shown by

affidavit that notice of the motion has been given to the owner of the property, if known

to the plaintiff, or otherwise to the owner’s agent, if known and to any holder of any

security interest in the vessel arrested or attached, recorded in the records of the United

States Coast Guard.

The notice shall be by first class mail to the mailing address of record or to the last known

address. Failure to give notice as provided by this rule may be grounds for setting aside the

default under applicable rules, but shall not affect title to property sold under a judgment.

Amended November 19, 2009

LRSupC.1. Actions in Rem: Special Provisions

(a) Publication; Notice of Sale. The notice required by section (4) of Supplemental Rule C shall

be published at least once and shall contain the fact and date of the arrest, the name of the Court,

the title of the cause, the nature of the action, the amount demanded, the name of the marshal, the

name and address of the attorney for the plaintiff, and a statement that claimants must file their

claims pursuant to Supplemental Rule C(6) with the clerk within 14 days after the date of first

publication or within such additional time as may be allowed by the court and must file and serve

their answers within 21 days after the filing of their claims. The notice shall also state that all

interested persons should file claims and answers within the times so fixed; otherwise default will

be noted and condemnation ordered.

When property remains in custody of the marshal the cause will not be heard until after

publication of notice of arrest shall have been made in that cause or in some other pending cause

in which the property is held in custody. No final judgment shall be entered ordering the

condemnation and sale of non-perishable property, arrested under process in rem, unless

publication of notice of arrest in that cause shall have been duly made.

Unless otherwise ordered as provided by law, notice of sale of the property in suits in rem shall

be published daily for at least 7 days before sale.

All publication shall be made in a newspaper of general circulation in the City of Chicago.

(b) Time Within Which to Show Cause. A summons issued pursuant to Supplemental Rule

C(3) dealing with freight or the proceeds of property sold or other intangible property, shall set

the date by which the person having control of the funds is to show cause. The date shall be at

least 10 days after service of the summons. The court, for good cause shown, may shorten the

period.

possession or custody of the collector of customs the person or organization to whom the clerk

delivered the warrant of arrest shall deliver a copy of the process to the collector together with

notice of the arrest of the property therein described and require the collector to detain such

property in custody until the further order of the court. This requirement shall be in addition to

any publication of process made pursuant to section (a).

(d) Limitations on Claims Made After Sale. In proceedings in rem, claims upon the proceeds of

sale of property under a final judgment order or decree, except for seamen’s wages, will not be

admitted in behalf of lienors who file complaints or petitions after the sale, to the prejudice of

lienors who filed complaints or petitions before the sale, but shall be limited to the remnants and

surplus, unless for cause shown it shall be otherwise ordered.

Amended November 19, 2009

LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions

(a) Security for Costs. Each plaintiff other than the United States shall file a security for cost

bond or stipulation in the amount of $250 conditioned that the principal shall pay all costs

awarded by this or any appellate court, except as ordered by court.

Municipal corporations within this District shall not be required to file such bond unless ordered

by court pursuant to Supplemental Rule E(2)(b).

(b) Stipulations. Whenever the owner or owners of any vessel shall execute and deliver to the

clerk a general bond or stipulation as provided by Supplemental Rule E(5)(b) conditioned to

answer the judgment of the court in all or any actions that may be brought thereafter in such court

in which the vessel is attached or arrested, notice of the process shall be given to the principal and

surety or sureties in said bond by service of a copy thereof by the marshal upon each of the

persons named in said bond. Failure to receive such notice shall in no wise affect the liability

under such bond; all other notices shall be given and the cause proceed as if such vessel had been

taken into actual custody.

All stipulations shall contain the consent of the stipulators, that if the party, for whose benefit the

stipulation is filed recover, the judgment may be entered against them for an amount not

exceeding the amount named in such stipulation.

clerk, or a notary public, who, if required by an adverse party, shall examine the sureties under

oath as to their sufficiency, and annex their depositions to the bond or stipulation.

In all cases where the surety on bonds or stipulations is not a corporate surety holding a certificate

of authority of the Secretary of the Treasury and the bond or stipulation is not approved by the

parties, reasonable notice of the application for approval by the court or clerk shall be given.

LRSupE.2. Appraisal

In case of seizure of property on behalf of the United States, an appraisal for the purpose of

bonding may be had by any party in interest, on giving 7 days’ notice of motion for the

appointment of appraisers. If the parties or their attorneys and the United States attorney are

present in court, such motion may be made instanter, after seizure and without notice.

Orders for the appraisal of property under arrest or attachment at the suite of a private party may

be entered as of course, at the instance of any party interested, or upon the consent of the

attorneys for the respective parties.

Unless otherwise ordered, only one appraiser shall be appointed. Where the respective parties do

not agree in writing, the judge shall name the appraiser.

The appraiser shall give one day’s notice of the time and place of making the appraisal to the

attorneys in the action. The appraisal shall be filed with the clerk.

Amended November 19, 2009

LRSupE.3. Safekeeping of Vessels; Movement Within Port

Upon seizure of any vessel, the marshal shall make appropriate arrangements for the safekeeping

of the vessel. The marshal may require the party at whose instance the vessel is to be seized to

pay any costs as incurred.

Upon the request of the claimant of the vessel or of the owner, charterer, master or other person

in control of the vessel at the time it was seized, and with the consent of the party at whose

instance the vessel was seized, the marshal may appoint the master of the vessel as custodian and

may permit the vessel to be worked and shifted within the District without further order of court.

LRSupE.4. Judicial Sale

(a) Marshal’s Account of Sale. When any money shall come to the hands of the marshal under

or by virtue of any order or process of the court, he shall forthwith present to the clerk a bill of his

charges showing the time he received the money. After the filing of the bill of charges and upon

the taxation thereof he shall forthwith pay to the clerk the amount of said money less his charges

as taxed. An account of all property sold under the order or judgment of this Court shall be

returned by the marshal and filed in the clerk’s office, with the execution or other process under

which the sale was made.

(b) Conditions of Sale. When a vessel is sold under an order or judgment of this Court pursuant

to Supplemental Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property sold

as provided in section (a) and shall prepare a certificate of sale showing the name and address of

the highest bidder. Such sale shall be subject to approval and confirmation by the court or

rejection by the court, upon motion and showing of good cause therefor, which motion may be

made by the plaintiff, or by any party of record, or by the highest bidder. It shall be the

responsibility of the plaintiff, or such other party of record who desires that the sale be approved

and confirmed, to prepare and present to the court from the pleadings in the case, or from other

sources, a description of the vessel for purpose of identification as an aid to the United States

Coast Guard properly to record and index the vessel on its records, or to enable the vessel to be

registered or numbered under the Illinois Boat Registration and Safety Act or such other state or

federal statute as may be applicable. The description may include the name of the vessel, its

official number, if any, its state identification number, if any, its dimensions, the name of the

former owner, the ownership interest to be transferred, and the name and address of the purchaser

who shall have been the successful bidder at the sale.

approving and confirming such sale shall direct the marshal to issue a marshal’s bill of sale

containing appropriate identification and description of the vessel so that the same may be

recorded pursuant to any applicable regulations of the United States Coast Guard or other

government agency.

CRIMINAL RULES

LCR 1.1. Adoption of Rules

These rules apply to the conduct of criminal proceedings in this Court. They may be referred to as

“local criminal rules” or, where reference is to a specific rule, “LCR. [number].”

Unless otherwise indicated, reference in these rules to the United States attorney shall also

include an assistant United States attorney and an assistant United States attorney general.

Reference in these rules to defendant’s attorney is in no way intended to preclude a defendant

from proceeding pro se, in which case a reference to defendant’s attorney applies to defendant.

LCR 1.2. Applicability of Local Civil Rules

In all criminal proceedings, the Civil Rules of this Court shall be followed insofar as they are

applicable.

LCR 5.1. Duty Magistrate Judge

Magistrate Judges designated as emergency magistrate judges for the Eastern and Western

Divisions pursuant to LR 77.2 shall serve as duty magistrate judges.

Magistrate judges in this district shall have the power to perform all duties set forth in the United

States Code and the Federal Rules of Criminal Procedure.

Amended March 22, 2019

LCR6.1. Chief Judge to Supervise Grand Jury

The chief judge shall supervise the operations of the grand jury, including empaneling and

charging each grand jury at the commencement of its term, providing whatever services it may

require, including a convenient place for its deliberations, entering all appropriate orders it

requests, and discharging it upon completion of its deliberations or at the end of its term. All

matters pertaining to grand juries shall be heard by the chief judge or his or her designee.

LCR6.2. Records of the Grand Juries in the Possession of the Clerk

1. The following documents relating to grand juries shall be public records:

(1) orders empaneling grand juries;

(2) orders returning indictments;

(3) orders extending the period of service of grand juries; and

(4) orders discharging grand juries.

The clerk is authorized to provide to an attorney who has filed an appearance in a criminal case

pending in this Court a copy of any motions, orders, or documents relating to any grand jury

subpoena issued in the grand jury proceeding from which the case arose against the person on

whose behalf the attorney is appearing.

All other records maintained by the clerk relating to grand juries are restricted documents and

shall be available only on order of the chief judge. This includes grand jury subpoenas, transcripts

of testimony, the clerk's docket of grand jury proceedings, motions and orders relating to grand

jury subpoenas, true bills, and no bills.

LCR 10.1. Arraignments

Following the filing of an indictment or information the clerk shall promptly enter a minute order

setting the date of arraignment in accordance with the applicable schedule below. All schedules

below are subject to modification by the assigned judge:

(A) Where the defendant is not in custody, and an arrest warrant is not issued in connection with

the filing of the indictment or information, the arraignment shall be conducted on or before seven

business days following such filing.

(B) Where the defendant is not in custody, but an arrest warrant is issued in connection with the

filing of an indictment or information, the arraignment shall be set for no later than two business

days after the United States Marshal for the Northern District of Illinois obtains custody of the

defendant.

of Illinois at the time of the filing of the indictment or information, the arraignment shall be set

for no later than five business days following such filing.

(D) Where the defendant is in the custody of a custodian other than the United States Marshal for

the Northern District of Illinois at the time of the filing of the indictment or information, the

arraignment shall be set for two business days after the United States Marshal for the Northern

District of Illinois obtains custody of the defendant. Copies of the minute order setting the

arraignment shall be attached to the copy of the indictment or information to be served on the

defendant and/or defendant’s counsel by the United States Attorney.

Amended February 25, 2022

LCR 11.1. Pleas by Corporate Defendants

When the defendant in a criminal proceeding is other than a natural person, any plea other than a

plea of not guilty shall be entered by an authorized officer, director or managing agent of the

defendant, or by counsel, provided counsel is authorized to do so by virtue of a specific corporate

resolution to that effect from the defendant’s board of directors.

LCR 12.1. Pretrial Motions

(a) Time. All pretrial motions and supporting briefs shall be filed within the time set by the court.

If the court does not set a time, pretrial motions shall be filed within 21 days from the date of

arraignment.

(b) Additional Discovery. In the event that a party moves for additional discovery or inspection

following the discovery conference required by LCR 16.1(a), the motion shall be filed within 7

days of the conference or, if the court has set a later date for the filing of pretrial motions, the

later date. The motion shall contain:

(1) a statement that the required conference was held;

(2) the date the conference was held;

(3) the name of opposing counsel with whom the conference was held; and

(4) the statement that agreement could not be reached concerning the discovery or

inspection that is the subject of the motion.

The court will not hear a motion for additional discovery or inspection if it does not conform to

the procedural requisites of this section.

LCR 16.1. Pretrial Discovery and Inspection

(a) Discovery Conference. Within 7 days after the arraignment the United States attorney and

the defendant’s attorney shall confer and attempt to agree on a timetable and procedures for the

following:

(1) inspecting, copying, or photographing any of the information subject to disclosure

pursuant to Fed.R.Crim.P. 16;

(2) preserving the written notes of government agents;

(3) identification and notification of evidence the United States attorney intends to

introduce pursuant to Federal Rule of Evidence 404(b);

(4) the filing of a proffer made within the scope of U.S. v. Santiago, 582 F.2d 1128 (7th

Circ., 1978);

(5) the filing of materials subject to 18 U.S.C. §3500; and

(6) any other preliminary matters where such agreement would serve to expedite the

orderly trial of the case.

(b) Declination of Disclosure. If in the judgment of the United States attorney or of the

defendant’s attorney, it would not be in the interests of justice to make any one or more of the

disclosures set forth in Fed.R.Crim.P. 16 and requested by counsel, disclosure may be declined. A

declination shall be in writing, directed to opposing counsel. The declination shall specify the

types of disclosures that are declined. It shall be signed personally by the United States attorney

or the first assistant United States attorney or the defendant’s counsel, as appropriate. It shall be

served on opposing counsel and a copy filed with the court within 5 days of the discovery

conference held pursuant to section (a).

LCR 31.1. Contact With Jurors

After the conclusion of a trial, no party, agent or attorney shall communicate or attempt to

communicate with any members of the petit jury before which the case was tried without first

receiving permission of the court.

LCR 32.1. Presentence Investigations

(a) Application of Rule. This rule shall be effective in all cases in which a determination of guilt

is made on or after the date of its adoption.

(b) Definitions. The following definitions shall apply to this rule:

(1) "business day" shall include any day other than a Saturday, a Sunday, or a legal

holiday as defined by Fed.R.Crim.P. 45(a);

(2) "day" (except where used in the term "business day") shall refer to all days, including

Saturdays, Sundays, and legal holidays as defined by Fed.R.Crim.P. 45(a);

(3) "determination of guilt" shall mean the entry of a judgment of conviction whether by

plea or after trial;

(4) "guidelines" shall mean the United States Sentencing Guidelines and Policy

Statements promulgated pursuant to 28 U.S.C. §994;

(5) "probation officer" shall mean the probation officer assigned to prepare the

presentence investigation report; and

(6) "report" shall mean the presentence investigation report.

the sentencing hearing. The hearing shall be set not less than 84 days after the

determination of guilt. Any motion to modify the time limits in this Rule must be made at

the time the sentencing hearing date is set.

(d) Notifying Probation Office. Following the determination of guilt, the attorney for the

defendant and the defendant, unless in custody, shall report to the probation office to

begin the presentence investigation immediately or by no later than 2:00 p.m. the

following business day, unless the probation office agrees to a different schedule.

If the defendant is incarcerated, the attorney for the defendant shall report to the

probation office and provide the information needed to begin the presentence

investigation.

Within one business day following the determination of guilt, the court’s courtroom

deputy shall forward a presentence referral form to the probation office. The defendant

shall participate in an interview, if any, with the probation office, within 14 days after the

determination of guilt. Failure to schedule the interview within this period does not affect

any of the other dates set forth herein.

(e) Submission of Versions. Not more than 14 days after the determination of guilt, the

attorney for the government shall submit to the probation officer its version of the offense

conduct. Not more than 7 days after submission of the government’s version of the

offense conduct, the attorney for each defendant shall submit a version of the offense

conduct to the probation officer. The attorneys shall serve copies of their versions upon

opposing counsel and upon the attorney for any co-defendant as to whom a

determination of guilt has been made. Within 7 days after the receipt of the co-

defendants’ versions, each co-defendant’s attorney shall submit to the probation officer

and serve upon all counsel that defendant’s version of the offense conduct as it relates

to the defendants’ respective roles in the offense. Failure to submit a version of the

offense conduct within 7 days after the government’s submission of its version of the

offense conduct may constitute waiver of the right to have such material considered

within the PSR, and the probation officer will have the right to make determinations

without regard to a defendant’s version of the offense conduct submitted after that date.

(f) Presentence Investigation Report. Not later than 35 days prior to sentencing, the

probation officer shall complete and issue the presentence investigation report to the

court, the defendant and defense counsel, and counsel for the government. The

recommendation of the presentence report shall be submitted initially only to the Court,

but the Court may, in its discretion, and with notice to the Probation Office, direct

disclosure of the recommendation to the defendant and defense counsel, and counsel

for the government, as well. The recommendation section shall not include any factual

information not already contained in the other sections of the report.

(g) Position Paper. Not later than 14 days prior to sentencing, counsel for the defendant

shall file with the Court and the probation officer objections, if any, to the Presentence

Investigation Report, and a sentencing memorandum. The Government will have leave

to respond 7 days thereafter. The parties’ submissions shall specify—

(1) any factor important to the sentencing determination that is reasonably in dispute,

(2) any additional material information affecting the sentencing ranges established by the

Guidelines, and

(3) any other objections or corrections to the report.

Any objection or correction not filed at that time shall be deemed waived, unless for good

cause shown the court permits it to be raised at the sentencing hearing. The attorneys

shall serve copies of the position papers upon opposing counsel and upon the attorney

for any co-defendant as to whom a determination of guilt has been made.

(h) Responsibility of Attorneys to Review Presentence Investigation

Report. Counsel for the defendant shall meet with the defendant to read and discuss the

report at a reasonable time prior to the date set for submission of objections and

sentencing memorandum. Counsel for the government shall examine the final report at a

reasonable time prior to the date set for the government’s submission.

(i) Report and Letters. Letters to the court regarding the case or defendant shall be

disclosed promptly to the probation office and all counsel.

(j) Availability of Report. The report shall not be disclosed to any person or agency

without the written permission of the sentencing judge. Upon notice of appeal, the

probation office shall, with notification to the sentencing judge, forward under seal and

apart from the appellate public file, a copy of the report to the clerk of the appellate court

where it shall be available upon request for review by attorneys for the defendant and

the government Upon completion of all appellate matters, the report and the

recommendation shall be returned to the probation office. Unauthorized copying,

dissemination, or disclosure of the contents of the report in violation of these rules may

be treated as contempt of court and punished accordingly.

Committee Comment to 2013 amendment: The Rule is amended in response to language in

United States v. Peterson, 711 F.3d 770 (7th Cir. 2013) suggesting that parties should be

permitted to "evaluate any analysis that might form the basis of a judicial determination."

Committee Comment to 2012 amendment: The Rule is amended to render it consistent with

Federal Rule of Criminal Procedure 32(f) and to set reasonable deadlines for the parties'

submissions to the court.

Committee Comment to 2002 amendment: Prior to its most recent amendment, the rule had

required the probation officer to "mail a preliminary report, without the recommendation to the

defendant, the defendant’s attorney and the attorney for the government." The above-quoted

language did not expressly require that the recommendation be kept confidential. It merely

prevented its early disclosure. We believe that the phrase "without the recommendation" was

included in the prior rule because it reflected the long-standing practice of confidentiality. This

commonly accepted practice had existed for decades. All district courts in this Circuit treat the

recommendations as confidential. Nevertheless, elimination of the phrase has led to uncertainty

over the continuing confidentiality of the recommendations.

Amended October 21, 2013, October 30, 2015, March 29, 2018

LCR 32.1.1. Petitions & Reports Relating to Modification of Terms of

Probation or Supervised Release

The probation department will file with the court any petitions or reports dealing with alleged

violations or modification of conditions of probation or supervised release. The probation

department will also file with such petition or report a proof of service indicating that a copy of

such petition or report has been served upon the United States attorney, to the defendant, and, if

the defendant is represented, to the defendant’s attorney.

LCR 32.3. Confidentiality of Records Relating to Presentence Investigation

Reports and Probation Supervision

(1) Records maintained by the Probation Office of this Court relating to the preparation

of presentence investigation reports and the supervision of persons on probation or

supervised release are confidential. Information contained in the records that is relied on

by the Probation Office to prepare presentence investigation or supervision reports may

be released only by order of the Court. Requests for such information shall be by written

petition establishing with particularity the need for specific information contained in such

records ; and why the requested information is not readily available from other sources

or by other means.

(2) Notwithstanding the requirements of subparagraph (1) above:

(a) A court order is not necessary to obtain criminal history information, which the

Probation Office shall make available to counsel of record upon request.

(b) A court order issuing an arrest warrant for a violation of supervised release

conditions shall suffice as the Court’s authorization for the Probation Office to provide

the United States Marshals Service with the violation report and any associated records

on which the violation report is based. This information may be used by the Marshal

solely for the purpose of executing the arrest warrant and shall not be further

disseminated without a Court order.

(3) When a demand by way of a subpoena or other judicial process is made of a

probation officer either for testimony concerning information contained in such records or

for the records or copies of the records, the probation officer may petition the Court for

instructions. The probation officer shall neither disclose the information nor provide the

records or copies of the records except on order of this Court or as provided in LCR

32.1.

Amended January 30, 3009 and November 6, 2019

LCR 41. Search Warrants

(a) Submission of warrant applications. Except for matters that are reserved for the Chief Judge

(for example, in LCr 50.2 (2) and LCr 6.1) and as provided in (b), applications for search

warrants or seizure warrants must be submitted to the duty magistrate judge.

(b) A district judge may issue a standing order that search warrants or seizure warrants related to

a case assigned to that judge must be brought to that judge.

approved and the warrant is signed by the duty magistrate judge, the application and warrant will

be given a Miscellaneous (M) case number and be assigned to the magistrate judge who signed

the warrant except where the United States Attorney identifies the warrant as related to an

indicted case. In an indicted case, the CR number associated with that indictment will be assigned

to the application and warrant, and the application and warrant will be filed in that case. When a

search warrant or seizure warrant is signed by a district judge as provided in (b), the application

and warrant will be given the CR number of the case before the district judge and docketed in that

case.

(d) Motions to Seal. This rule, rather than LR26.2, governs a motion to seal a search warrant or

seizure warrant. A motion to seal a warrant must be brought to the district judge or magistrate

judge who signed the warrant, and must specify a date no more than 90 days later when the

sealing order will expire absent a further court order. Any application for delayed notice of a

search must comply with 18 U.S.C. ' 3103. All filings will be unsealed upon the expiration of the

sealing order.

(e) A Motion to Extend a Sealing Order.

(1) Any motion to extend an order sealing a warrant or to extend delayed notice must be

brought to the district judge or magistrate judge who signed the warrant. If a motion is

brought at a time when that judge is unavailable, the motion shall be heard by the duty

magistrate judge.

(2) The motion must be filed no later than three days prior to the expiration of the seal or

delayed notice to allow adequate time for the review of the motion. The motion shall be

filed electronically and a draft order must be submitted to the assigned judge’s proposed

order email box.

(f) Search Warrant Returns. The return of the search warrant must be made in accordance with

the Federal Rules of Criminal Procedure. In addition to that requirement, the United States

Attorney’s Office must also electronically file a copy of the return including the inventory of

property seized into the court’s Electronic Case Filing System. If the application and warrant are

sealed at the time of the return of the search warrant, the return of the search warrant will also be

filed under seal. The return of the search warrant, along with a copy of the warrant, must be filed

within 60 days after the execution of the warrant.

Adopted April 27, 2015; Amended May 27, 2016, June 29, 2023, and December 21, 2023

LCR 44.1. Interim CJA Payments

In a case in which representation of a criminal defendant is projected to be unusually complex

and lengthy, an attorney appointed pursuant to the Criminal Justice Act ("CJA Attorney") may

seek approval for interim payments. A motion for such approval must cite this local criminal rule

and justify the request on the basis of the hardship to counsel in undertaking the representation

for a period of the projected length without compensation, pursuant to the Guidelines for the

Administration of the Criminal Justice Act, ¶2.30. The motion must certify the CJA Attorney's

acceptance of the following requirements:

1. Counsel shall submit quarterly, or on a schedule approved by the Court, to the Clerk of Court

an interim CJA form 20 “Appointment of and Authority to Pay Court Appointed Counsel.” The

first interim voucher shall reflect all compensation claimed and reimbursable expenses incurred,

from the effective date of the appointment through the date in which the first interim voucher is

submitted.

2. Each voucher shall include the time period covered and shall be consecutively numbered.

3. Interim vouchers shall be submitted quarterly, or on a schedule approved by the Court, even in

those periods for which little or no compensation or expenses are claimed.

4. All interim vouchers shall be supported by detailed and itemized statements of attorney time

and expenses. Each voucher shall include the total amount of money requested to date.

5. The Court will review the interim vouchers when submitted, particularly with regard to the

amount of time claimed, and will authorize compensation to be paid for 80 percent of the

approved number of hours. This compensation will be determined by multiplying 80 percent of

the approved number of hours by the applicable rate. Counsel should note that the interim

payments are partial tentative payments and the final payment may be adjusted if necessary by

the Court.

6. Within 45 days of the conclusion of the representation, counsel shall submit a final voucher

seeking payment of the 20% balance withheld from the earlier interim vouchers, as well as

payment for the representation provided during the final interim period. After reviewing the final

voucher, the Court will submit it to the Chief Judge of the Circuit or his or her delegate for

review and approval.

7. Counsel may be reimbursed for out-of-pocket expenses reasonably incurred incident to the

representation.

8. Although the statute and applicable regulations do not place a monetary limit on the amount of

expenses that can be incurred, counsel should incur no single expense item in excess of $500.00

without prior approval of the Court. Such approval may by sought be filing an ex parte

application with the Clerk, stating the nature of the expense, the estimated cost, and the reason the

expense is necessary to the representation. An application seeking such approval may be filed in

camera, if necessary.

9. Recurring expenses, such as telephone toll calls, photocopying and photographs, which may

aggregate more than $500 on one or more interim vouchers, are not considered a single item

expense requiring prior court approval.

10. Telephone toll calls, photocopying, and photographs may be reimbursable expenses if

reasonably incurred.

11. General office overhead, such as rent, secretarial help, and normal telephone service is not a

reimbursable expense, nor are items of a personal nature.

12. Expenses for service of subpoenas on fact witnesses are not reimbursable, but rather are

governed by Rule 17 of the Fed.R.Crim.P. and 28 U.S.C. §1825.

13. In some instances, travel may be required for purposes of consulting with the client or with

predecessor counsel, interviewing witnesses or experts, etc. In such circumstances, where travel

is required outside the County of Cook for cases assigned to the Eastern Division, or outside the

County of Winnebago for cases assigned to the Western Division, travel expenses, such as

airfare, mileage, parking fee, meals and lodging, can be claimed as itemized expenses. If

expenses relating to a single trip will exceed a total of $500.00, counsel must seek prior Court

approval. Actual expenses incurred for meals and lodging in the course of such travel must

conform to the prevailing government travel regulations imposed on federal judiciary employees

for official travel.

14. CJA Attorneys are bound by the regulations of the Criminal Justice Act set forth in (1) 18

U.S.C. §3006A; (2) the Plan of the United States District Court for the Northern District of

Illinois, available through the Clerk of Court; and (3) Guidelines for the Administration of the

Criminal Justice Act, published by the Administrative Office of the U.S. Courts, also available

through the Clerk of Court. Should these references fail to provide the desired clarification or

direction, counsel should address their inquiry directly to this Court and its staff.

Adopted September 25, 2014

LCR 46.1. Bail Bonds

(a) Who May Approve Bonds. When the amount of bail has been set by the judge or magistrate

judge, a bond, whether secured by the defendant’s own recognizance or by a surety may be

approved by a magistrate judge, the clerk, or one of the officers specified in 18 U.S.C. §3041,

provided that only a judge may admit to bail or otherwise release a person charged with an

offense punishable by death.

(b) Refund of Cash Deposit. Where a defendant’s bond is secured by depositing cash with the

clerk, the cash shall be refunded when the conditions of the bond have been performed and the

defendant has been discharged from all obligations thereon. However, if the sentence includes a

fine or costs, the sentence shall constitute a lien in favor of the United States on the amount

deposited to secure the bond. In such instances the amount deposited can be refunded only by

order of court. No such lien shall attach when someone other than the defendant has deposited the

cash and refund is directed to someone other than the defendant.

At the time the cash deposit is made, the person furnishing the cash (“the depositor”) shall be

given a receipt by the clerk. The depositor shall at the time of the deposit indicate in writing the

name and address of the person to whom the cash is to be refunded. This shall be done on Form

LCR 46.1. The depositor may change the designation of the person to receive the refund by

completing a new form and filing it with a fiscal deputy in the clerk’s office at any time before

the refund is made.

A refund to a person other than the depositor shall be made only pursuant to an order of court.

LCR 46.2. Pretrial Services Agency

The Pretrial Services Agency of this Court (“Agency”) shall perform the following functions:

(1) collect, verify and report promptly to the district or magistrate judge information

pertaining to the pretrial release of each person charged with an offense, including any

drug testing information, and recommend appropriate release conditions;

(2) review and modify the reports and recommendations made in (1) above for persons

seeking release pursuant to 18 U.S.C. §3145;

(3) supervise persons released into its custody;

(4) with the cooperation of the Administrative Office of the United States Courts, and

with the approval of the Attorney General, operate or contract for the operation of

appropriate facilities for the custody or care of persons released under Chapter 207 of

Title 18 of the United States Code, including, but not limited to, residential halfway

houses, drug addiction and alcoholism treatment centers and counseling services;

(5) inform the court of all apparent violations of pretrial release conditions or arrests of

persons released to its custody or under its supervision and recommend appropriate

modifications of release conditions;

(6) serve as coordinator for other local agencies which serve or are eligible to serve as

custodians under Chapter 207 of Title 18 of the United States Code and advise the court

as to the eligibility, availability and capacity of such agencies;

(7) assist persons released on bond in securing any necessary employment, medical,

legal, or social services;

(8) prepare, in cooperation with the United States marshal and the United States attorney,

such pretrial detention reports as are required by the provisions of the Federal Rules of

Criminal Procedure relating to the supervision of detention pending trial; and

(9) perform such other functions as the court may assign from time to time.

LCR 46.3. Notifying Pretrial Services Agency of Arrest and Filing of Case

(a) Arrest or Confinement. The Pretrial Services Agency (“Agency”) shall be notified (1) by the

arresting officer, or (2) by the officer receiving the defendant if the defendant was arrested by

local officers and subsequently turned over to federal officers, as soon as practicable following

the arrest or transfer, of the facts of such arrest or transfer, the name of the defendant, the charge

upon which the defendant has been arrested or transferred, and the place wherein the defendant is

being detained.

(b) Filing of Case. Immediately following the filing of a complaint the magistrate judge shall

cause a copy of it to be forwarded to the Agency. The clerk shall cause a copy of each indictment

or information filed to be forwarded to the Agency immediately following the filing, provided

that if the indictment is suppressed, the clerk shall cause the copy to be forwarded immediately

following the release of the suppression.

LCR 46.4. Confidentiality of Pretrial Services Information and Reports

(a) General. The information obtained in the course of performing pretrial services

functions in relation to an accused shall be used only for the purposes of release

determination and shall otherwise be confidential. Each pretrial services report shall be

made available to the attorney for the accused and the attorney for the Government in

connection with a pretrial release or detention hearing, a pretrial release revocation

proceeding, or any judicial proceeding to modify the conditions of release. The pretrial

services report should not be disclosed to other parties by the attorney for the defendant

or the attorney for the Government. Any copies of the pretrial services report so

disclosed shall be returned to the pretrial services officer at the conclusion of the

hearing.

(b) Prohibition of Disclosure.

(1) Unless authorized by the regulations as established by the Director of the

Administrative Office, or ordered by the judicial officer for good cause shown, a pretrial

services officer shall not disclose pretrial services information. This prohibition on

unauthorized disclosure applies whether such disclosure is sought through the direct

testimony of the pretrial services officer or by means of a subpoena, subpeona duces

tecum, or other form of judicial process.

(2) Notwithstanding any other provision of this Rule, a court order issuing an

arrest warrant for a violation of pretrial release conditions shall suffice as the Court’s

authorization for the pretrial services officer to provide the United States Marshal with

the violation report and any associated records on which the violation report is based.

This information may be used by the Marshal solely for the purpose of executing the

arrest warrant and shall not be further disseminated without a court order.

whether recorded or not, that is obtained or developed by a pretrial services officer in the

course of performing a pretrial services investigation, preparing the pretrial services

report, performing any post-release of post-detention investigation, or supervising a

defendant released pursuant to chapter 207 of Title 18, United States Code. The term

does not include any information appearing in the public records of the court.

(d) Minimization. Any disclosure of pretrial services information permitted under the

provisions of this Rule shall be limited to the minimum information necessary to carry out

the purpose of the disclosure.

Amended November 6, 2019

LCR 47.1. Motions

(a) Notice and Presentation. Except as provided in section (c) of this rule, LR 5.3 and LR 78.1

shall apply to motions filed in criminal cases and proceedings.

(b) Briefing Motions. A contested motion shall be accompanied by a short, concise brief in

support of the motion, together with citations of authority. An original and a copy of the motion

and brief shall be filed. The clerk shall forward the copy to the judge unless otherwise ordered by

the court. The opposing party shall file an answering brief within 14 days of receiving the

supporting brief. The moving party may file a reply brief within 7 days of receipt of the

answering brief.

Failure to file a supporting or answering brief shall not be deemed a waiver of the motion or a

withdrawal of opposition thereto, but the court on its own motion or that of a party may strike or

grant the motion without further hearing. Failure to file reply brief within the requisite time shall

be deemed a waiver of the right to file.

The court may by order excuse the filing of supporting, answering, or reply briefs, and may

shorten or extend the time fixed by this rule filing briefs.

Any party may on notice call the motion or matter to the attention of the court for a decision.

When requested, oral argument may be allowed in the Court’s discretion.

(1) Pretrial motions. Motions filed pursuant to LCR 12.1 are not subject to the

requirements of this rule.

(2) Ex Parte Motions. The original, signed motion shall be presented to the court at the

hearing. Copies of the stipulated motions shall be served on all parties as soon thereafter

as practicable.

Amended October 13, 2004 and November 19, 2009

LCR 50.1. Related Cases: Reassignment of Cases as Related

Two or more criminal cases may be related if all of the defendants named in each of the cases are

the same and none of the cases includes defendants not named in any of the other cases. A case

may be reassigned to the calendar of another judge as related if it is found to be related to another

case and it meets the criteria established by LR 40.4(b) for reassigning civil cases. The

procedures set out in LR 40.4(c) and (d) shall be followed where the reassignment of a criminal

case based on relatedness is sought.

LCR 50.2. Direct Assignments: Criminal

In each of the following instances, the assignment clerk shall assign the case to a judge in the

manner specified:

(1) Criminal Contempt Cases arising out of Grand Jury proceedings. Any criminal

contempt case arising out of grand jury proceedings shall be assigned to the chief judge at

the time of filing. If the chief judge determines that such case should be heard by some

other judge, it will be transferred to the Executive Committee with a recommendation

that it be assigned by lot to some other judge.

(2) Interception of Wire and Oral Communications. All requests for authorization for

interceptions of wire and oral communications or other investigatory matters arising

under Chapter 119 of Title 18 of the U.S. Code shall be brought before the chief judge.

Any civil suppressed cases arising out of such requests shall be assigned directly to the

calendar of the chief judge.

(3) Cases Arising Out of Failure to Appear. Where an information or indictment is filed

in which the principal charge is that the defendant failed to appear in a criminal

proceeding in this Court, the information or indictment shall be assigned directly to the

same calendar as that to which the earlier criminal proceeding is assigned.

(4) Superseding Indictments or Informations. The United States attorney will indicate

on the designation sheet filed with each indictment or information whether or not it

supersedes a pending indictment or information. A superseding indictment or information

will be filed in the same case as the superseded indictment or information. Where it

supersedes more than one indictment or information, it will be filed in the case which was

first assigned to a district judge.

For the purpose of this subsection, an indictment or information supersedes an earlier

filed indictment or information if at least one of the defendants in the later filed

indictment or information is charged with at least one of the charges brought against the

same defendant in an earlier filed indictment or information.

(5) Criminal cases where pre-indictment assignment made. Where a proceeding arising

out of a criminal complaint is required to be heard by a district judge and is assigned by

lot to a district judge prior to the filing of the indictment or information associated with

the complaint, the indictment or information shall be assigned directly to the calendar of

the judge to whom the proceeding was assigned. Where the indictment would have been

assigned using a category different from the one used to assign the criminal complaint,

appropriate equalization will be made.

LCR 50.3. Magistrate Judges: Assignments and Referrals

(a) Misdemeanors. Where a magistrate judge has not previously been designated pursuant to LR

72.1, informations filed or indictments returned in the Eastern Division alleging the commission

of a misdemeanor shall be assigned by lot among the magistrate judges sitting in that division.

Similar informations filed or indictments returned in the Western Division shall be assigned to a

magistrate judge sitting in the division.

(b) Federal Enclave Magistrate Judge. From time to time the executive magistrate judge shall

approve a schedule designating the periods during which each of the magistrate judges sitting in

the Eastern Division will serve as the federal enclave magistrate judge. The federal enclave

magistrate judge will conduct trials of all misdemeanors which arise in federal enclaves.

to the calendar of a district judge, the clerk shall designate a magistrate judge in the manner

provided in LR 72.1. Where an indictment or information arises out of one or more criminal

complaints, the designated magistrate shall be the magistrate to whom the earliest of those

complaints was assigned. Where multiple defendants in a single complaint assigned to a

magistrate judge are subsequently charged in more than one indictment or information arising out

of that complaint, the designated magistrate judge for each such case shall be the magistrate judge

to whom the complaint was assigned.

(d) Referrals. The procedures used to refer a matter in a criminal case to a magistrate judge shall

be the same as those used to refer a civil case pursuant to LR 72.1, provided that where a judge

notifies the clerk in writing that the judge wishes to have criminal cases routinely referred to a

magistrate judge for conducting arraignments and other pretrial matters, such notification shall

act as a referral in lieu of the procedures specified in LR 72.1. The clerk shall promptly notify the

designated magistrate of the filing of any indictment or information assigned to the calendar of a

judge who has filed a notice of routine reference.

(e) Forfeiture of Collateral Hearings. Hearings and other matters relating to violation notices

and forfeiture of collateral proceedings pursuant to LCR 58.1 shall be handled in the Eastern

Division by the magistrate judge designated as federal enclave magistrate judge on the day the

hearings are scheduled and in the Western Division by the magistrate judge sitting in that

division.

(f) Right to Proceed Before District Judge. If a proceeding assigned directly to a magistrate

judge is such that a party to the proceeding has the right to proceed before a district judge and that

party fails to waive that right, then the proceeding shall be reassigned to a district judge pursuant

to LCR 50.4(b) as if it were an appeal from a judgment of a magistrate judge. The magistrate

judge shall notify the clerk in writing of the failure to waive. The clerk will reassign the

proceeding promptly following the receipt of that notice.

Amended March 22, 2019

LCR 50.4. Magistrate Judges: Reviews and Appeals

(a) Duty Magistrate Judge. Where a review is requested of an order entered by the duty

magistrate judge in proceedings directly assigned pursuant to LCR 5.1, the review shall be heard

by the emergency judge. The request for review shall be brought to the attention of the

emergency judge by the party seeking review as soon as practicable following the entry of the

order by the magistrate judge. The party seeking review shall be responsible for notifying the

other parties involved in the proceeding that a review will be requested and for notifying them of

the time the review is noticed before the emergency judge.

(b) CVB and Misdemeanor. Appeals from final judgments entered by a magistrate judge in

violation notice and forfeiture of collateral proceedings and misdemeanor cases shall be assigned

by lot to a judge of this Court. For assignment purposes, such appeals shall be considered as cases

in the magistrate judge class established by the procedures adopted pursuant to LR 40.2. The

assignments of a judge shall be made when the appeal is filed with the clerk pursuant to

Fed.R.Crim.P. 58(g)(2).

LCR 57.1. Attorneys: Filing Appearances

Each attorney representing a defendant in a criminal proceeding shall file an appearance. The

appearance must be filed prior to or simultaneously with the filing of any motion, brief or other

document or at the initial court appearance, whichever occurs first. A copy of the appearance

shall be served on the United States attorney.

The filing of an appearance in a pre-indictment proceeding does not relieve an attorney from

filing an appearance in a subsequent proceeding should an indictment be returned or an

information filed against the defendant. A copy of the appearance in the subsequent proceedings

shall also be served on the United States attorney.

The appearance shall be on the form prescribed by LR 83.16.

LCR 57.2. Release of Information by Courthouse Personnel

All courtroom and courthouse personnel, including, but not limited to, deputy marshals, court

security officers, minute clerks, court reporters, pretrial services officers, probation officers, and

clerical personnel of the offices of the United States marshal, the clerk of court, the probation

department, and pretrial services, shall not disclose to any person, without authorization by the

court, information relating to a pending criminal case that is not part of the public record. In

particular, all such personnel shall not divulge any information concerning arguments and

hearings held in chambers or otherwise outside the presence of the public.

LCR 58.1. Petty Offenses; Central Violations Bureau

(a) Executive Committee. Orders establishing the amount of collateral to be posted by

defendants alleged to have committed petty offenses and those cases in which the collateral may

be accepted in lieu of appearances may be entered by the Executive Committee acting for the

Court.

(b) Collateral In Lieu Of Appearance. Collateral may be posted by a defendant in lieu of

appearance where the charge is one of the petty offenses listed in an order entered pursuant to (a)

of this rule. The collateral shall be in the amount specified in that order. Collateral may not be

posted by a defendant in lieu of appearance either–

(1) where the petty offense involved or contributed to an accident which resulted in

personal injury or damage to property in excess of $100, or

(2) for a subsequent offense not arising out of the same facts or sequence of events which

resulted in the original offense.

the defendant neither contests the charge nor requests a hearing before the designated magistrate

judge. The failure of the defendant to appear shall result in the forfeiture of the amount posted.

Such forfeiture shall be tantamount to a finding of guilty. The clerk shall certify the record of any

conviction of a traffic violation to the proper state authority as required by the applicable state

statute.

(d) Central Violations Bureau (CVB). The clerk shall maintain a central violations bureau

(CVB). All agencies issuing violation notices shall prepare the notices in the form prescribed by

the Director of the Administrative Office of the United States Courts. Agencies shall promptly

submit to the CVB the original and one copy of any violation notice issued or any which the

agency wishes to be voided or dismissed.

(e) Dismissals and Voids. No violation notice may be dismissed or voided except by order of

court. Requests to dismiss or void made by agencies shall be submitted to the CVB. The CVB

shall notify the United States attorney of the request. The United States attorney shall present the

request to the designated magistrate judge at a regular call of violation notices.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Appendix A

STANDING PRETRIAL PROCEDURE ORDER AND FORMS

Replaced

June 26, 1985 by what would become LR16.1 Standing Order …

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Appendix B

PROCEDURES FOR VOLUNTARY MEDIATION PROGRAM

FOR LANHAM ACT CASES

The procedures were adopted pursuant to Local Rule 16.3

Deleted as Lanham Act posted and maintained elsewhere on web site.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Appendix C

REGULATIONS PERTAINING TO TRIAL BAR ADMISSION

(The Regulations were promulgated by the District Admissions Committee as interpretive and

procedural guides to the admission rules. The District Admissions Committee was disbanded by

the abrogation of General Rules 3.20, 3.21, 3.22, and 3.23 effective December 19, 1997.

However, the following regulations remain in effect.)

Appendix C Deleted by General Order 16-0028 as information appears elsewhere in trial

bar documents.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

Appendix D

UNITED STATES DISTRICT

COURT NORTHERN DISTRICT

OF ILLINOIS

APPENDIX D

PLAN FOR THE ADMINISTRATION OF

THE DISTRICT COURT FUND

The Plan was initially adopted by the Court on March 16, 1983. It was subsequently amended on

June 20, 1985, January 12, 2001, April 16, 2004, and October 25, 2018.

A. Creation of the Fund; Purpose of Plan

A District Court Fund was created by the General Rules of this court promulgated on

April 13, 1965. Rule 6 A (iii) of those rules required newly admitted attorneys to pay to the

clerk a fee in addition to that established by the Judicial Conference of the United States

pursuant to 28U.S.C.§1914. On July 12, 1982 new practice rules were promulgated including

General Rule 3.02. General Rule 3.02 replaced the earlier General Rule 6 A (iii) and required,

in addition to a portion of the fee for new attorneys, a fee for attorneys admitted to the trial bar

of the court and a fee for attorneys admitted pro hac vice, the receipts from each fee to be

deposited in the District Court Fund. The Local Rules and Internal Operating Procedures were

amended in September 1999. LR 83.36 and LR 83.40, in addition to IOP32, govern the

administration of the District Court Fund. This plan is adopted to provide procedures for the

administration of funds deposited in the District Court Fund.

B. Executive Committee to Advise

The Executive Committee shall advise the court on matters of policy relating to the

administration of the fund.

C. Custodian of the Fund

Pursuant to Internal Operating Procedure 32 the clerk of the court is the custodian of

the District Court Fund. In the event of the death, retirement, or resignation of the clerk, the chief

deputy clerk, or such other person as the chief judge designates, shall become the custodian

until such time as the next clerk assumes office.

D. Duties and Responsibilities of the Custodian

The responsibilities of the custodian are as follows:

(1) to receive, safeguard, deposit, disburse, and account for all funds in accordance

with the law, this plan, and the policies established by the court;

(2) to establish an accounting system for the fund;

(3) to insure that financial statements and operating reports are prepared in a

timely fashion and to sign such statements and reports, thereby certifying that

they accurately present the financial condition of the fund;

(4) to sign checks drawn on the fund, which checks shall be countersigned by

the chief judge or a judge designated by the chief judge;

(5) to invest funds in accordance with the provisions of this plan; and

(6) to perform such other functions as may be required by the court.

E. Responsibilities upon Appointment of a Successor Custodian

When a successor custodian is appointed, the outgoing custodian should prepare and

sign the following statements in conjunction with an exit audit or inspection conducted by

an auditor or disinterested inspector designated by the chief judge:

(1) a statement of assets and liabilities;

(2) a statement of operations or of receipts and disbursements since the end of

the period covered by the last statement of operations and net worth; and

(3) a statement of the balance in any fund accounts as of the date of transfer to

the successor custodian.

The successor custodian will execute a receipt for all funds after being satisfied as

to the accuracy of the statements and records provided by the outgoing custodian.

Acceptance may be conditioned upon an audit and verification where circumstances

warrant.

F. Audits and Inspections

The District Court Fund is subject to audit by the appropriate staff of the

Administrative Office of the United States Courts or their contracted auditors. The chief judge

may appoint an auditor or disinterested inspector (who may be a government employee) to

conduct such audits as the court determines to be necessary. The written results of such audit

or inspection will be provided to members of the advisory committee, each district judge, and,

upon request, any member of the bar of the court.

In the event that the court orders a dissolution of the fund, a terminal audit or

inspection will be performed and a written accounting rendered to the court.

G. Protection of the Fund’s Assets

Except as otherwise provided in this plan, all receipts will be deposited in banks or

savings institutions where accounts are insured by F.D.I.C. or F.S.L.I.C. Where practical

and feasible the custodian shall place any substantial sums into interest bearing accounts,

government securities, or a money market fund invested in government obligations. Such

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investment shall be at the direction of the advisory committee. Efforts should be made to

maximize the return on investments consistent with the requirements of convenience and

safety.

Funds held by the custodian must be segregated from all other monies in the custody of

the clerk of the court, including other non-appropriated funds, if any.

H. Limitations on Use of Funds

Monies deposited in the fund must not be used to pay for materials or supplies

available from statutory appropriations. Under no circumstances are such monies to be used

to supplement the salary of any court officer or employee.

I. Uses of the Funds

In general the monies deposited in the fund are to be used for the benefit of the bench

and bar in the administration of justice. Monies deposited in the fund may be used to pay for

any of the following:

(1) the expenses related to attorney admissions

(2) the expenses related to attorney disciplinary proceedings, including the

expenses of investigating counsel, and travel and witness fees in disciplinary

proceedings;

(3) the cost of periodicals and publications purchased for the William J.

Campbell library if appropriated funds are not available;

(4) the expenses associated with creating lawyer lounge facilities;

(5) the expenses incurred by the custodian in performing his/her duties under

the plan including the expense of a surety bond covering monies in the

fund;

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(6) the fees for services rendered by outside auditors or inspectors in auditing

or inspecting the records of the fund;

(7) pursuant to the provisions of section J of this plan, the out-of-pocket expenses

of attorneys assigned to represent indigent parties in civil proceedings in this

court;

(8) expenses associated with Court History projects, including the Court History

Museum;

(9) expenses related to public and attorney Wifi costs in the Courthouses;

(10) expenses related to refreshments offered at events hosted by the Court and

members of the bench when members of the bench are invited; and

(11) such other expenses as may from time to time be authorized by the full court

for the use and benefit of the bench and bar in the administration of justice.

J. Out-of-pocket Expenses in Pro Bono Cases

In a civil case where an attorney is assigned to represent an indigent party. reasonable

out-of-pocket expenses not otherwise recoverable may be paid for out of the fund, pursuant to

LR 83.40, and in accordance with regulations adopted by the full Court or the Advisory

Committee. Application to incur the expense or for reimbursement shall be on a form

approved by the Executive Committee and available from the clerk.

Limits on the amounts to be reimbursed from the fund under this section for classes

of expenses have been established in regulations adopted by the full court. Only the expenses

incurred by court assigned counsel and experts on behalf of specific individuals are covered

by this section.

K. Dissolution of the Fund

Should the court decide to dissolve the fund, the custodian will liquidate all

outstanding obligations prior to the dissolution, including making provisions for the payment

of any fees and expenses resulting from the required terminal audit or inspection. The court

will direct the disposition of the assets of the fund in ways which fulfill the purpose of the

fund.

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

APPENDIX E

THE DISTRICT COURT FUND

REGULATIONS GOVERNING THE PREPAYMENT AND

REIMBURSEMENT OF EXPENSES IN

PRO BONO CASES

These Regulations were initially promulgated by the Court pursuant to the general order of June

27, 1985. They were amended by the general orders of November 1, 1990 and April 1, 1991. The

Advisory Group added policies used in interpreting the Regulations. The policies were initially

adopted on May 7, 1986 and amended in September 1992, January 12, 2001, January 26, 2016

and January 24, 2019. A copy of the policies is appended to the Regulations.

NOTE: Only counsel assigned by the court pursuant to Local Rule 83.36 are eligible to petition

the court for the prepayment or reimbursement of expenses incurred in the preparation and

presentation of the proceeding, subject to the restrictions of these regulations.

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Table of Contents

Regulations Governing the Prepayment & Reimbursement of Expenses of Court Assigned

Counsel in Pro Bono Cases from the District Court Fund ...........................................................116

D.C.F. REG.1 Eligibility for Prepayment or Reimbursement of Expenses ............................ 116

D.C.F. REG.2 Limitations on Eligibility ................................................................................ 116

A. Not Applicable if C.J.A. Funds are Available ................................................................................. 116

B. Limited to Civil Actions Before the District Court ......................................................................... 116

C.Expenses not Covered .................................................................................................................... 116

D. Reimbursement and Prepayment Where Party Awarded or Receives more than $50,000.00 ... 116

D.1.. Prepayments in Excess of the Allowable Limits........................................................................ 117

D.C.F. REG.3 Procedures for Obtaining Prepayments or Reimbursements .......................... 117

A. Request for Authority to Incur Expenses ...................................................................................... 117

B. Request for Prepayment or Reimbursement of Expenses............................................................ 117

C. Requests for Reimbursement by Attorney No Longer Representing Party .................................. 117

D. Request May be Made Ex Parte ................................................................................................... 117

E. Processing by Clerk ....................................................................................................................... 117

F. Amounts Paid From Fund to be Reimbursed From Any Fee Award ............................................. 118

D.C.F. REG.4 Expenses and Costs Covered by Regulations ................................................. 118

A. C.J.A. Limits To Apply In Absence Of Specific Limits ..................................................................... 118

B. Deposition and Transcript Costs ................................................................................................... 119

C. Travel Expenses ............................................................................................................................. 119

D. Service of Papers; Witness Fees ................................................................................................... 119

E. Interpreter Services ....................................................................................................................... 119

F. Costs of Photocopies, Photographs, Telephone Toll Calls, Telegrams .......................................... 119

G. Experts .......................................................................................................................................... 119

H. Other Expenses ............................................................................................................................. 120

Policies Adopted by the Advisory Committee Regarding the Regulations .................................121

Payment of Expenses Under the Provisions of Section I(12) of the Plan for the

Administration of the District Court Fund .............................................................................. 121

Authority of Custodian to Make Disbursements Under the Provisions of Section I(12) of the

Plan for the Administration of the District Court Fund .......................................................... 121

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REGULATIONS GOVERNING THE PREPAYMENT & REIMBURSEMENT OF

EXPENSES OF COURT ASSIGNED COUNSEL IN PRO BONO CASES FROM THE

DISTRICT COURT FUND

D.C.F. REG.1 ELIGIBILITY FOR PREPAYMENT OR REIMBURSEMENT OF

EXPENSES

When a trial bar attorney has been assigned pursuant to LR 83.36, to represent an

indigent party in a civil proceeding before this Court, that attorney shall be allowed to petition

the Court for the prepayment or reimbursement of expense incurred in the preparation and

presentation of the proceeding as set forth in these regulations.

D.C.F. REG.2 LIMITATIONS ON ELIGIBILITY

A. Not Applicable if C.J.A. Funds are Available

In any proceeding where expenses are covered by the Criminal Justice Act (Title 18

U.S.C. §3006A), they shall be paid from such funds in accordance with C.J.A. guidelines and not

from the District Court Fund.

Where two or more parties in the same proceeding represented by counsel assigned

pursuant to Local Rule 83.36, the limits established by this section shall apply to the costs

incurred on behalf of each party.

B. Limited to Civil Actions Before the District Court

Only those expenses associated with the preparation of a civil action in the U.S. District

Court for the Northern District of Illinois shall be approved for reimbursement. No costs

associated with the preparation or presentation of an appeal to the U.S. Court of Appeals or the

U.S. Supreme Court shall be reimbursed from the District Court Fund unless otherwise approved

by the Executive Committee of the District Court upon prior application by the assigned

attorney.

C. Expenses not Covered

General office expenses, including personnel costs, rent, telephone services, secretarial

help, office photocopying equipment, are not reimbursable from the District Court Fund. Any

costs incurred in conducting computer assisted legal research is not reimbursable from the Fund.

The expense of printing briefs, regardless of the printing method utilized, is not reimbursable.

Under no circumstances shall any payments be authorized from the Fund to pay for costs

or fees taxed as part of a judgment obtained by an adverse party against a party for whom

counsel was assigned pursuant to the rules of this Court.

D. Reimbursement and Prepayment Where Party is Awarded or Receives More than

$50,000

Where the amount awarded to or accepted by the party is more than $50,000.00 and no

provision is made to cover the expenses incurred by assigned counsel that would otherwise be

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covered by these regulations, prepayments and reimbursements may be authorized within limits

of these regulations, but the total amount to be paid from the Fund shall not exceed of $5,000.00.

D.1. Payments when Litigant Recovers More than $50,000

In any instance where the party for whom counsel was assigned prevails or accepts a

settlement in an amount that exceeds $50,000, recovery of expenses under these regulations,

other than for interpreter fees, is limited to $5,000. If funds have been prepaid, counsel must

promptly notify the Clerk of the Court of the award in excess of $50,000 and remit prepaid

expenses that exceed $5,000.

D.C.F. REG.3 PROCEDURES FOR OBTAINING PREPAYMENTS OR

REIMBURSEMENTS

A. Request for Authority to Incur Expenses

Where approval is required prior to incurring expenses, the request for authority to incur

the expense shall be made by motion submitted to the judge to whom the case is assigned. The

motion shall set forth briefly the reason for the request and the estimated amount of the expense.

The approval for the requested expense must follow the same procedures as D.C.F. Reg. 2.B.

B. Request for Prepayment or Reimbursement of Expenses

Any request for the prepayment or reimbursement of expenses shall be on the voucher

form approved by the Executive Committee and available on the Court’s website. The request

shall be accompanied by sufficient documentation to permit the Court to determine that the

request is appropriate and reasonable and, where the request is for reimbursement, that the

amounts have actually been paid out. The request shall be submitted to the Clerk of the Court

and not filed through the CM/ECF system. Requests may be made at any time during the

pendency of the proceedings and up to thirty days following the entry of judgment in the

proceedings. The assigned judge may, for good cause shown, extend the time for filing a request.

C. Requests for Reimbursement by Attorney No Longer Representing Party

Where an attorney assigned under this Court’s pro bono rules is permitted to withdraw

from representing the party in a proceeding and the attorney has incurred expenses which may be

reimbursable under these regulations, he or she shall file a request for reimbursement within

thirty days of the date of the entry of the order allowing the withdrawal. Except for good cause

shown, the Court will not allow reimbursement of expenses where the request was filed more

than thirty days after the entry of the order of withdrawal.

D. Request May be Made Ex Parte

Any request made under sections A, B, or C of this regulation may be made ex parte.

E. Processing by Clerk

On receipt of the voucher form indicating amounts requested for prepayment or

reimbursement, the clerk shall determine whether or not any payments have previously been

made out of the Fund to cover expenses in the same proceeding. The clerk shall indicate the

available reimbursement on the voucher and forward it to the presiding judge for approval and

signature. Should the voucher exceed $2,500.00, the clerk will forward it to the Chief District

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Judge for approval and signature. On receipt of the voucher from appropriate authority, the clerk

shall promptly issue the required check in the amount indicated on the voucher form or up to the

limit set by these regulations, whichever is lower. If any or all of the amounts requested are

disallowed, the clerk shall promptly transmit to the submitting attorney a copy of the voucher

showing the action of the appropriate authority.

F. Amounts Paid From Fund to be Reimbursed From Any Fee Award

Where an opposing party is ordered to pay fees and costs to an assigned attorney, the

attorney awarded fees and costs shall upon receipt of the monies awarded promptly repay the

Fund any amounts paid to him or her under these regulations.

G. Approvals Required for Reimbursement

The judge to whom the case is assigned is authorized to approve prepayments or

reimbursements totaling $2,500.00, not including expenses related to hiring an interpreter. If the

total of the prepayments or reimbursements requested and those already allowed exceed

$2,500.00, not including expenses related to hiring an interpreter, the judge shall forward the

request to the Chief District Judge. The Chief District Judge may approve expenses up to

$5,000.00, not including expenses related to hiring an interpreter.

If the assignment involves difficult or complex matters, the assigned attorney may

petition the Executive Committee of the District Court to approve additional expenses. Prior to

incurring expenses over $5,000.00, the assigned attorney must first submit a written request to

the assigned judge seeking preapproval and documenting the need for additional reimbursement.

The written request must include the estimated additional expenses for which the assigned

attorney will seek reimbursement in order to complete the matter. Upon approval, the assigned

judge will forward the request to the chief judge for consideration. With the approval of the

Chief District Judge, the request will be forwarded to the Executive Committee for review and

approval.

The assigned judge, the Chief District Judge, or the Executive Committee may refuse to

permit prepayment or disallow reimbursement of any expense based upon the absence of

documentation that such expense is appropriate or reasonable or, where reimbursement is

requested, was actually incurred.

D.C.F. REG.4 EXPENSES AND COSTS COVERED BY REGULATIONS

A. C.J.A. Limits To Apply In Absence Of Specific Limits

Except as specified by these regulations, the amounts and types of expenses covered by

these regulations shall be governed by the guidelines for administering the Criminal Justice Act

(18 U.S.C. §3006A) (See also Guide to Judiciary Policies, Volume VII, Part A, Chapters 2 and

3).

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B. Deposition and Transcript Costs

The costs of transcripts or depositions shall not exceed the regular copy rates established

by the Judicial Conference of the United States and in effect at the time any transcript or

deposition was filed unless some other rate was previously provided for by order of the Court.

Except as otherwise ordered by the Court, only the cost of the original of any transcript or

deposition together with the cost of one copy each where needed by counsel and, for deposition,

the copy provided to the Court pursuant to Rule 54.1 of the Local Rules of this Court shall be

allowed. The current rates are available on the Court’s website.

C. Travel Expenses

Travel by privately owned automobile may be claimed at the rate currently prescribed for

federal judiciary employees who use a private automobile for conduct of official business, plus

parking fees, tolls, and similar expenses. Transportation other than by privately owned

automobile may be claimed on an actual expense basis. Per diem in lieu of subsistence is not

allowable; only actual expenses may be reimbursed. Actual expenses reasonably incurred shall

be guided by the prevailing limitations placed upon travel and subsistence expenses of federal

judiciary employees in accordance with existing government travel regulations. The current rates

are available on the Court’s website.

D. Service of Papers; Witness Fees

Those fees for service of papers and the appearances of witnesses that are not otherwise

avoided, waived, or recoverable may be reimbursed from the District Court Fund.

E. Interpreter Services

Reasonable costs of interpreter services not otherwise avoided, waived, or recoverable

may be reimbursed from the District Court Fund. The fees/rates are subject to a reasonableness

standard and may not exceed the hourly rate established by the Criminal Justice Act. The current

Criminal Justice Act approved interpreting rates, along with a contact list of certified

interpreters, is available on the Court’s website. Reasonable costs up to $1,000.00 will be

reimbursed by the Fund without prior approval. Prior to exceeding the $1,000.00 limit for

interpreting services, the assigned attorney must seek the approval of the judge to whom the case

is assigned. The written request to exceed the $1,000.00 limit must include the estimated

additional interpreting expense. The judge to whom the case is assigned may approve

interpreting expenses as necessary in order to proceed with the case.

F. Costs of Photocopies, Photographs, Telephone Toll Calls, Telegrams

Actual, out-of-pocket expenses incurred for items such as photocopying services,

photographs, and telephone calls necessary for the preparation of a case may be prepaid or

reimbursed from the District Court Fund, subject to the limitations set forth in Section C of

Regulation 2.

G. Experts

Reasonable costs for expert services, other than interpreters, not otherwise avoided,

waived, or recoverable, may be reimbursed from the District Court Fund up to $2,000.00 without

prior approval. Prior to exceeding costs of $2,000.00 or expert services, the assigned attorney

must seek the approval of the judge to whom the case is assigned. The written request to exceed

$2,000.00 for expert services must include the estimated additional expert services expense.

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Approval for the additional expense may be obtained through the procedures set forth in

Regulation 3.

H. Other Expenses

Expenses other than those described in sections B through G of this regulation may be

approved by the judge to whom the case is assigned. No single expense under this section

exceeding $500.00 shall be reimbursed unless approval was obtained from the judge prior to the

expenditure. When requesting reimbursement for any expenses under this section, a detailed

description of the expenses should be attached to the petition for reimbursement submitted to the

judge.

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POLICIES ADOPTED BY THE ADVISORY COMMITTEE REGARDING

THE REGULATIONS

1) PAYMENT OF EXPENSES UNDER THE PROVISIONS OF SECTION I(12) OF

THE PLAN FOR THE ADMINISTRATION OF THE DISTRICT COURT FUND

Monies deposited in the District Court Fund which are to be distributed under the

provisions of section I(12) of the Plan for the Administration of the District Court Fund may be

used to pay expenses incurred in relation to functions.

(a) where the nature of the function is primarily related to the operation of the United

States District Court for the Northern District of Illinois, and

(b) where participation in the function is not restricted to member or employees of the

United States District Court for the Northern District of Illinois, and/or persons

receiving reimbursement of travel expense from the United States Courts.

2) AUTHORITY OF CUSTODIAN TO MAKE DISBURSEMENTS UNDER THE

PROVISIONS OF SECTION I(12) OF THE PLAN FOR THE ADMINISTRATION

OF THE DISTRICT COURT FUND

The custodian of the fund shall be authorized to make disbursements up to, but not more

than $1,000.00 per event for expenses for the use and benefit of the bench and bar in the

administration of justice, notwithstanding the restrictions of section I, paragraph 12 of the Plan

for the Administration of the District Court Fund. Such disbursements shall be subject to later

approval by the full court or

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

LOCAL RULES INDEX

Absence of Judge, see Emergency

Absent Party, Appointed Counsel's Fee for Representation at Pre-suit Deposition: LR27.1

Access to Restricted/Sealed Documents: LR 5.7; LR26.2(b),(c),(d); See Also Restricted

Documents

Accord, Statement of Good Faith Efforts to Reach in Discovery Disputes: LR 37.2

Acknowledgment of Service: LR 5.5

Actions, see Cases

Addition of Counsel: LR 83.17

Administration of Estates: LR 66.1

Admiralty and Maritime Claims, Supplemental Rules for (LRSup),

Actions in Rem and Quasi in Rem,

General Provisions,

Notice and Approval: LRSupE.1(c)

Security for Costs: LRSupE.1(a)

Stipulations: LRSupE.1(b)

Special Provisions,

Claims Made After Sale, Limitations on: LRSupC.1(d)

Property in Possession of Collector of Customs: LRSupC.1(c)

Publication; Notice of Sale: LRSupC.1(a)

Time Within Which to Show Cause: LRSupC.1(b)

Applicability of Local Civil Rules: LRSupA.1

Appraisal of Property Under Arrest or Attachment: LRSupE.2

Attachments and Garnishments,

Service: LRSupB.1(b)

Suits Filed In Forma Pauperis: LRSupB.1(a)

Judgment of Default: LRSupB.1(c)

Judicial Sale,

Conditions of: LRSupE.4(b)

Marshal=s Account of: LRSupE.4(a)

Marshal=s Bill of Sale: LRSupE.4(c)

Satisfaction of Judgment: LR 58.1(4)

Vessels, Safekeeping of and Movement Within Port: LRSupE.3

Admission to Bar/Practice Law in District,

General Bar, see General Bar Admission

Pro Hac Vice: LR 83.14

Trial Bar, see Trial Bar, Admission

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Admissions,

re Amount in Controversy, Removal of Case from State Court: LR 81.2

of Fact in Summary Judgment Motions: LR 56.1

to Practice, Declaration Required by LR 83.28(d): Form LR 83.28

Statements in ADR Proceedings: LR 83.5

Statements in Voluntary Mediation Program: LR16.3(c)

ADR, see Alternative Dispute Resolution

Advertisements, Publication of: LR 83.3

Affidavit,

of Attorneys,

Filed with Petition for Bar Admission: LR 83.10(c)

Commencing Contempt Proceedings: LR 37.1(a)

of Efforts to Obtain Counsel Other Than by Appointment: LR 83.36(a)

of Financial Status,

Application for Appointment of Counsel: LR 83.36(a)

Filing Without Prepayment of Fees (In Forma Pauperis): LR 3.3

of Jurisdiction, Filed by Surety to Secure Bond: LR 65.1(b)(3)

of Service: LR 5.5

Affiliates, Notification of (Corporate Disclosure Statement): LR 3.2

After Hours,

Assignment of Cases Filed: LR 40.2(b)

Habeas Corpus Proceedings by Persons in Custody: LR 81.3(c)

Places of Holding Court: LR 77.1