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

Hon. Joan Humphrey Lefkow

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

Know Before You Go
👤 Judge Lefkow — deviations that burn people
  • [Motion Practice]
  • Civil motions will be heard Wednesday at 9:45 a.m. Criminal motions will be heard Wednesday, at 9:15 a.m. No notice of motion is required. No courtesy copy is required unless specifically requested. Joint, uncontested, and agreed motions shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet , counsel are expected to appear in court, even on an agreed motion. All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading. Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest. Motions to reconsider should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example , Whitten v. ARS Nat’l Servs., Inc ., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002). Motion for Leave to Cite Additional Authority . A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains. No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests.
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Before You File
Contacting chambers
👤 Judge Lefkow — standing order

Unless specifically authorized, or [unless all counsel agree that a letter is the appropriate form of communication under the circumstances] neither counsel nor pro se litigants may communicate about a case by letter to Judge Lefkow. All communications must be made in the form of a motion, brief, or a status report, 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 Lefkow — standing order

In preparing a protective order, the parties should refer to General Order 12-0018 (Model Confidentiality Order). The parties are instructed to submit a Proposed Model Confidentiality Order to Judge Lefkow's Proposed Order Mailbox (see link on Judge Lefkow's webpage). After a motion is filed, the Court will review the proposed order. A clean version sent in Word format is required. A party who is granted leave to file a document under seal must file a redacted copy of the document for the public file. A copy of the redacted version must be submitted along with the motion for leave to file.

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 Lefkow — standing order

Discovery Parties are reminded that there is no "order" in which discovery must occur, and that one party’s failure or inability to respond to discovery will not excuse any other party’s prompt compliance. All motions to compel must comply with Fed. R. Civ. P. 37(a)(2). Certification required by the rule shall be made separately from the text of the motion and shall set out specific actions taken towards resolution. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay or extension of discovery.

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

Motion Practice Civil motions will be heard Wednesday at 9:45 a.m. Criminal motions will be heard Wednesday, at 9:15 a.m. No notice of motion is required. No courtesy copy is required unless specifically requested. Joint, uncontested, and agreed motions shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet , counsel are expected to appear in court, even on an agreed motion. All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading. Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest. Motions to reconsider should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example , Whitten v. ARS Nat’l Servs., Inc ., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002). Motion for Leave to Cite Additional Authority . A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains. No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests. Source ↗

Courtesy copies details

Courtesy copies : Paper copies are not required at this time. Source ↗

Initial conference timing

Initial Status Hearings and Scheduling Conferences The court will set all cases for an initial status or scheduling conference within 60 days of the filing of the complaint. At the initial status conference, the parties should be prepared to inform the court of the status of service and report on the possibility of early settlement. A scheduling conference will be usually set at the initial status. The court recognizes that in some cases, the initial status conference will take place before defendants have filed responsive pleadings. The court, however, expects all defendants who have been served to participate in this process regardless of whether they have yet filed a responsive pleading. Counsel participating in any manner in the case are required to have filed an appearance (and shall not rely on the appearance of one or more members of the attorney's law firm) before the date of their appearance in court. See Local Rule 83.16. Source ↗

Motion word page limits

Motion Practice Civil motions will be heard Wednesday at 9:45 a.m. Criminal motions will be heard Wednesday, at 9:15 a.m. No notice of motion is required. No courtesy copy is required unless specifically requested. Joint, uncontested, and agreed motions shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet , counsel are expected to appear in court, even on an agreed motion. All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading. Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest. Motions to reconsider should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example , Whitten v. ARS Nat’l Servs., Inc ., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002). Motion for Leave to Cite Additional Authority . A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains. No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests. Source ↗

Pre motion procedure

Motion Practice Civil motions will be heard Wednesday at 9:45 a.m. Criminal motions will be heard Wednesday, at 9:15 a.m. No notice of motion is required. No courtesy copy is required unless specifically requested. Joint, uncontested, and agreed motions shall be so identified in the title and body of the motion. The court will attempt to rule on routine motions without requiring counsel to appear. After checking the website posting after 4:00 the day prior, if a motion is granted or a briefing schedule is entered, the movant should notify anyone else who would be appearing in court on the motion that an appearance is not required. Unless notified by telephone or by posting on the call sheet , counsel are expected to appear in court, even on an agreed motion. All requests for extension of time must be made upon written motion according to the procedures outlined above. Please do not call chambers or the Courtroom Deputy to request an extension of time to file a pleading. Requests to set a hearing on an emergency motion must be made to the Courtroom Deputy with as much advance notice as possible. All reasonable efforts must be made to give actual notice to opposing counsel. Emergency motions must recite that the movant has made good faith efforts to resolve the emergency with opposing counsel or that despite good faith efforts the movant has been unable to resolve it, and the issue is of such a nature that a delay in hearing it would cause serious harm to a party in interest. Motions to reconsider should not be routinely filed and will be granted only in a narrow set of circumstances. See, for example , Whitten v. ARS Nat’l Servs., Inc ., 2002 WL 1332001, at *1 (N.D.Ill. June 18, 2002). Motion for Leave to Cite Additional Authority . A motion for leave to cite additional authority made after briefing is closed shall be limited to the case title, its assigned number, the court, date of decision, the published citation or a slip copy, and an indication of the issue to which the movant believes the case pertains. No comment on the significance of the decision or its interpretation may be made and no responsive comment is permitted unless the court so requests. Source ↗

Summary judgment procedure

Summary Judgment Motions Counsel are reminded that a motion for summary judgment, if denied, imposes additional, avoidable cost on the client. See George v. Am. Airlines, Inc., 378 F. Supp. 2d 870 (N.D. Ill. 2005). Before a motion for summary judgment is due, the court will set a status hearing to inquire whether the case is truly appropriate for summary disposition. At that status hearing, the parties, having exchanged offer and demand letters, shall be prepared to report on the possibility of settlement. If settlement is not reached or reachable, the movant shall be prepared to identify the legal issues on which judgment as a matter of law would rest, the essential undisputed facts, and the reasoning why these facts entitle the movant to judgment. Where summary disposition appears unlikely, counsel will be asked what advantage is gained by proceeding under Rule 56 as opposed to Rule 50(a). The parties should expect to be referred to a magistrate judge for settlement discussions before filing a motion for summary judgment. The court disfavors motions to strike that routinely accompany summary judgment briefs. Motions to strike needlessly complicate and prolong the summary judgment process. If a responding party believes a statement of fact, document or other item submitted in connection with a motion for summary judgment is inadmissible, the party shall object within the Local Rule 56.1 statement and may briefly so argue within the response brief or reply brief. Source ↗

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