Procedures verified June 26, 2026
Judge Thomas M. Durkin -- United States District Court, Northern District of Illinois
1441, Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn St., Chicago, IL 60604
description
Motions decided on papers — no hearings held
warning
Key Traps — Where Counsel Gets Caught
- 1. Confer-before-filing requirement: must include agreed briefing schedule in the motion (or joint submission with each party's position). File the motion and schedule in the same submission.
- 2. Pre-SJ in-chambers conference is available and strongly encouraged. Schedule BEFORE doing significant work on the motion. Ask chambers before filing.
- 3. No motion to seal required. File under seal directly with a simultaneous public redacted version.
- 4. Motions in limine: 15-page limit is per side total for ALL MIL combined, not per motion. No reply unless ordered.
- 5. Reply briefs: 10-page limit (not 15).
- 6. Utility patent cases: informal in-chambers meeting before answer is due. No answer required until after meeting. No position papers in advance. Call Emily Wall to schedule.
- 7. Utility patent TRO/PI with asset restraint: must distinguish 24-cv-1211 Dkt. 67 or the court will not grant asset restraint.
- 8. Default motions: must be noticed on Judge Durkin's calendar -- Clerk entry under FRCP 55 alone is insufficient.
- 9. Trial: jury instructions read and verdict form displayed BEFORE opening statements. Use present tense in instructions.
- 10. Digital courtroom: contact Alexander Zeier at least 4 weeks before trial at (312) 435-6045.
- 11. Settlement conferences: plaintiff demand letter 14 days before; defendant offer letter 7 days before. Parties with settlement authority must attend in person.
- 12. Counterfeit TRO declarations must confirm: sale/offer within 2 months, Illinois customer, and identify parallel cases. Form orders required.
- 13. Deposition transcripts: file entire transcript on ECF, but courtesy copy (if requested) should include only cited excerpts in condensed format.
- 14. Citations: use Westlaw for unpublished opinions; cite exhibits by ECF docket number and page, not exhibit number.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | Motions should NOT be noticed for presentment per LR 5.3(b). Must confer before filing any motion and include an agreed briefing schedule in the motion. If no agreement on briefing: indicate each party's position in a joint submission filed with the motion. Court determines briefing schedule and whether a hearing is necessary. In pro se cases: hearing is presumptively necessary; conducted telephonically if scheduled. [Judge Durkin -- Motion Practice Generally] |
| Motion Limit | 15 pages per brief. [Judge Durkin -- Motion Practice Generally] |
| Reply Limit | 10 pages maximum. |
| Chambers Copies | ✗ Not required NOT required unless specifically requested by chambers staff. If requested: first class mail or equivalent delivery (expedited/messenger... |
| Tentative Rulings | Not issued. N.D. Ill. does not use a tentative ruling system. |
| Remote Appearances | No published individual procedures. Check docket for case-specific instructions. |
| Discovery | Discovery disputes resolved by this judge. LR 37.2 required. Boilerplate interrogatory instructions prohibited. Pendency of a motion does not stay discovery absent explicit court order. |
Procedural Briefing by Motion Type
C.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other C.D. Cal. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Motion Days & Times
Motions should NOT be noticed for presentment per LR 5.3(b). Must confer before filing any motion and include an agreed briefing schedule in the motion. If no agreement on briefing: indicate each party's position in a joint submission filed with the motion. Court determines briefing schedule and whether a hearing is necessary. In pro se cases: hearing is presumptively necessary; conducted telephonically if scheduled. [Judge Durkin -- Motion Practice Generally]
Notice Period
No presentment date required. Confer-before-filing requirement applies to all motions.
Motion Page / Word Limit
15 pages per brief. [Judge Durkin -- Motion Practice Generally]
Opposition Limit
15 pages per brief.
Reply Limit
10 pages maximum.
Font & Formatting
Per LR 5.2(e). Citations: prefers Westlaw citations for unpublished opinions. Cite exhibits by ECF docket number and page number (not exhibit number).
Footnote Policy
Not specified.
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At Filing
Chambers Copies
✗ Not required
NOT required unless specifically requested by chambers staff. If requested: first class mail or equivalent delivery (expedited/messenger delivery unnecessary and generally not justifiable); deliver to box outside Room 1438 (Emily Wall's office); do NOT bring to chambers; no delivery confirmation signature available. Format: printed from ECF with ECF header; double-sided; stapled preferred. Deposition transcripts: submit only cited excerpts in condensed format in hard copy, but file the entire transcript on ECF.
Proposed Orders
Email Word-compatible format to Proposed_Order_Durkin@ilnd.uscourts.gov. Subject line: (1) case number/name; (2) docket number (if any); (3) title of order. Serve on all parties. [Judge Durkin -- Proposed Orders]
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Before the Hearing
Tentative Rulings
Not issued. N.D. Ill. does not use a tentative ruling system.
Prohibition / Ex Parte Contact Re Tentatives
N/A.
Oral Argument
Court will consider scheduling oral argument if requested. No party is disadvantaged by having a younger attorney argue.
Remote Appearances
No published individual procedures. Check docket for case-specific instructions.
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Background Rules
Chambers Contact
Contact Courtroom Deputy Emily Wall for scheduling questions. Do not communicate about case merits by letter, phone, or email (excluding proposed order submission).
Discovery Referral
Discovery disputes resolved by this judge. LR 37.2 required. Boilerplate interrogatory instructions prohibited. Pendency of a motion does not stay discovery absent explicit court order.
Discovery Dispute Procedure No-presentment
LR 37.2 required. Face-to-face or telephonic (correspondence insufficient). Boilerplate instructions in interrogatories and document requests are prohibited. E-discovery: meet and confer with IT representatives in person before filing any motion. Pendency of motion does not stay discovery absent explicit court order. [Judge Durkin -- Discovery]
Ex Parte Applications
No motions to seal required. Parties may file under seal without a separate motion. Must file a public redacted version for every sealed document. No motion about sealing unless the court orders otherwise. [Judge Durkin -- Motion Practice Generally]
Settlement Notification
Settlement conferences: plaintiff's demand letter due 14 days before conference; defendant's offer letter due 7 days before. Copies to Proposed_Order_Durkin@ilnd.uscourts.gov. Parties with full settlement authority must attend in person.
Lead Counsel
Not specified.
Under Seal Filings
No motion to seal required. File sealed documents directly. Must file a public redacted version for every sealed document simultaneously. No motion about sealing unless ordered.
Continuances & Calendar Conflicts
No published individual procedures.
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AI & Style Preferences
AI Disclosure Requirement
Not specified.
Additional Notes
No-presentment model with mandatory confer-before-filing. Key features: pre-SJ in-chambers conference encouraged; no motion to seal; patent case in-chambers meeting before answer; detailed counterfeit TRO requirements. Reply briefs limited to 10 pages. Proposed orders to Proposed_Order_Durkin@ilnd.uscourts.gov.
Sources & Currency
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Procedures verified June 26, 2026.
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