judge console · N.D. Ill.
N.D. Ill. · Judge Dow · Practice Guide

Hon. Robert M. Dow Jr.

All local rules for N.D. Ill., integrated with this judge's published requirements.

Know Before You Go
👤 Judge Dow — deviations that burn people
  • CRITICAL OUTLIER — Traditional notice-of-motion still in effect (Tu/W/Th 9:15 a.m., 3 business days notice). Most ILND judges suspended this per General Order 21-0027. Source: cmpid=70 (Motion Practice).
  • Letter prohibition: 'Unless directed by the Court and with the exception of courtesy copies, neither counsel nor pro se litigants may communicate about a case by letter. All communications must be made in the form of a motion, brief, or a status report, properly noticed and served on opposing counsel.' Source: cmpid=71 (Correspondence).
  • Courtesy copies REQUIRED for all motions — drop box at Room 1914. Source: cmpid=70.
  • Check docket after 4:00 p.m. day before — if ruling issued, no appearance needed. If needed, call Courtroom Deputy at (312) 435-5668. Source: cmpid=70.
  • Protective orders: Court independently reviews; counsel cannot designate confidentiality at discretion. Must specify document categories + necessity. Source: cmpid=76.
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Before You File
Contacting chambers
👤 Judge Dow — standing order

Correspondence with the Court Unless directed by the Court and with the exception of courtesy copies, neither counsel nor pro se litigants may communicate about a case by letter . All communications must be made in the form of a motion, brief, or a status report, properly noticed and served on opposing counsel.

Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Ill. local rule
Motion

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. Local Rule 7.1 ↗

Opposition

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. Local Rule 7.1 ↗

Reply

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. Local Rule 7.1 ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Ill. local rule
Notice period

(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. Local Rule 5.3(b) ↗

Hearing days

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. Local Rule 78.1 ↗

Proposed orders
Filing under seal
👤 Judge Dow — standing order

Protective Orders There is a presumption that the public will have access to all court filings. In light of this presumption, Judge Dow will not sign a protective order which allows counsel, in their absolute discretion, to decide which matters are to be deemed confidential and filed under seal. Where the circumstances warrant, the parties should file a proposed order which specifies the categories of documents or other matters which may be subject to the order (e.g. trade secrets, medical records, personnel files) and a motion in which the parties set forth why a protective order is necessary as to each category. The court will then independently review the motion and determine if the order should be signed. The issuance of a protective order in light of this Standing Order will constitute the court's determination, as required by Rule 26(c) , that good cause existed for such issuance. Issuance of any protective order will not, however, be given binding effect as a determination of good cause for Rule 26(c) purposes if at any future time either party moves for relief from the limitations of the protective order. At that time, this court will engage in an appropriate balancing of the interests between privacy and public access in order to make a new determination of good cause in light of the facts then before this court. See Jepson, Inc. v. Makita Elec. Works, Ltd. , 30 F .3d 854, 858-59 (7th Cir. 1994). In any case in which Judge Dow permits a portion of a document to be filed under seal, the party filing the document must also file a public-record version that includes the entire filing except for the portions that are being filed under seal.

The Hearing
Oral argument
🏛 N.D. Ill. local rule

The court may set a briefing schedule. Oral argument may be allowed in the court’s discretion. Local Rule 78.3 ↗

Discovery
Discovery referral procedure
🏛 N.D. Ill. local rule

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. Local Rule 72.1 ↗

Discovery dispute procedure
👤 Judge Dow — standing order

Discovery General Procedures - All parties must comply with FRCP 26 and N.D. Ill. L.R. 26.1. Parties are advised that there is no “order” in which discovery must occur. One party’s failure or inability to respond to discovery requests does not excuse any other party’s timely compliance. Parties also are reminded that the pendency of a motion – even a dispositive motion – does not operate as an automatic stay of discovery. Discovery Disputes Generally - Parties should make every effort to resolve discovery disputes without the need for judicial intervention. Accordingly, discovery motions should be filed only as a last resort and will not be heard unless the moving party has complied with the “meet and confer” requirement of Local Rule 37.2. Any discovery motion must state with specificity when and how the moving party complied with Local Rule 37.2. Compliance with Local Rule 37.2 requires a good faith effort to resolve discovery disputes and ordinarily requires face-to-face or telephonic communication. In most instances, exchange of correspondence will not be sufficient under the Local Rules. If a discovery motion becomes necessary, parties should be prepared to present argument on the date that the motion is presented. If the Court does not rule on the motion after hearing argument, it ordinarily will request expedited briefing so that the matter can be resolved promptly. Electronic Discovery Disputes – If the parties have reached an impasse regarding the discovery of voluminous records from a database, server, computer, service provider or similar electronic storage facility (ESF), before filing a motion to compel , the parties are required to meet and confer with an IT representative of the ESF to be searched in order to determine the most effective way to retrieve the requested material. The party seeking the discovery must also bring its IT specialist to this meeting in order to discuss the proper format for the retrieval of the records. This electronic discovery conference must take place in person and both sides should be prepared to discuss specifically the parameters of both the search and the ESF.

More from Judge Dow’s procedures
👤 Judge Dow — standing order
Adjournment extension procedure

Motion Practice and Memoranda of Law: A party seeking an extension of time must contact all other parties in the case to determine whether the motion is opposed. The party seeking the extension should indicate in the motion (i) the reason for the request, (ii) the number of previous extensions, and (iii) whether the motion is opposed. Source ↗

Courtesy copies details

Motion Practice and Memoranda of Law: Please drop a courtesy copy of all motions in the box outside of the Courtroom Deputy's office, located at Room 1914. Source ↗

Initial conference timing

Initial Status Reports and Conferences Reassigned Cases - In all cases assigned to Judge Dow’s calendar from the calendar of another judge, the Court will issue an order setting a schedule for the filing of a Joint Status Report and an initial Status Conference. Newly Filed Cases – For most newly filed cases, the Court will schedule an initial status conference approximately 60 days after the filing of the complaint. In some cases, the scheduled status conference may take place before a defendant has responded to the plaintiff’s complaint. Defendants who have been served with process should participate in this conference even if they have not yet responded to the complaint. Standing Order Regarding Initial Status Reports At least 2 days prior to the initial status conference, the parties are directed to file a joint written status report of not more than five pages. At the initial status conference, counsel will be asked to discuss (i) the nature of the case; (ii) factual and legal issues; (iii) settlement discussions to date and settlement potential; (iv) discovery taken to date and anticipated in the future; and (v) potential motions to be filed. Counsel who believes that an earlier initial status conference is warranted may make an appropriate request by contacting the Courtroom Deputy. In removed cases where a remand motion is filed, the Court ordinarily will expedite the initial status conference. Source ↗

Motion word page limits

Silent on motion_word_page_limits. Source ↗

Oral argument procedure

Motion Practice and Memoranda of Law Please drop a courtesy copy of all motions in the box outside of the Courtroom Deputy’s office, located at Room 1914 . All motions must be noticed for a date certain. Motions to be noticed for Tuesday, Wednsday or Thursday at 9:15a.m. This Court requires 3 business days Notice. Please attach copies of any cited authorities that are not available on Westlaw or Lexis. If a motion is joint, uncontested, or agreed, please so indicate in the title and body of the motion. A party seeking an extension of time must all other parties in the case to determine whether the motion is opposed. The party seeking the extension should indicate in the motion (i) the reason for the request, (ii) the number of previous extensions, and (iii) whether the motion is opposed. To the extent possible, the Court will endeavor to rule on motions in advance of the date on which the motion is to be presented. After 4:00 p.m. on the day before the motion is to be presented, the parties may check to determine whether a ruling has been issued. If so, an appearance will not be necessary. Counsel also may call the Courtroom Deputy, Theresa Kinney (312-435-5668) to inquire on the status of the motion. If an appearance is not necessary, counsel for the moving party should notify counsel for the responding party or parties. Correspondence with the Court Unless directed by the Court and with the exception of courtesy copies, neither counsel nor pro se litigants may communicate about a case by letter . All communications must be made in the form of a motion, brief, or a status report, properly noticed and served on opposing counsel. Summary Judgment Motions for summary judgment and responses must comply with Local Rules 56.1(a) and 56.1(b) . The statements of undisputed material fact and responses shall be filed separately from the memoranda of law and shall include the line, paragraph, or page number where the supporting material may be found in the record. Courtesy copies of exhibits to summary judgment motions should be tabbed for easy access. Failure to abide by the Local Rules may result in the Court striking briefs, disregarding statements of fact, deeming statements of fact admitted, or denying summary judgment. The movant shall not file more than 80 statements of undisputed material fact without prior leave of Court. The respondent shall be limited to 40 statements of undisputed material fact absent prior leave of the Court. In complex cases, the Court may request that the parties submit a timeline of events in addition to the statements of undisputed material fact. Summary Judgment – Local Rule 56.1 Submissions Motions to strike all or portions of an opposing party’s Local Rule 56.1 submission are disfavored. Source ↗

Pre motion procedure

Motion Practice and Memoranda of Law: All motions must be noticed for a date certain. Motions to be noticed for Tuesday, Wednesday or Thursday at 9:15 a.m. This Court requires 3 business days Notice. If a motion is joint, uncontested, or agreed, please so indicate in the title and body of the motion. Source ↗

content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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