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

Hon. April M. Perry

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

Before You File
Contacting chambers
👤 Judge Perry — standing order

Important Information This page and the linked pages provide important information about Judge Perry’s case management procedures. Please read this information as well as the Local Rules carefully. If there is a conflict between the two, please follow the procedures outlined here. These procedures have been designed to facilitate the prompt, efficient and equitable disposition of cases on the Court’s docket. Counsel will be expected to fully explain to the Court any failure to comply with the Court's procedures. Reassigned Cases For all pending cases assigned to Judge Perry from the calendar of another Judge: All previously-set status and motion hearing dates are stricken. All previously-set discovery deadlines, joint status report deadlines, and briefing schedules remain intact. In cases where the parties have been ordered to file a joint status report, that report should be in the form of the Initial Status Report for Reassigned Cases, found here . For case-related questions, please the Courtroom Deputy. Communication with the Court about a specific case should be with the Courtroom Deputy only, unless the Court specifically orders that parties may communicate with a law clerk.

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

15 pages maximum Local Rule 7.1 ↗

Opposition

15 pages maximum Local Rule 7.1 ↗

Reply

15 pages maximum Local Rule 7.1 ↗

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

Presentment model; notice date not more than 14 days after filing Local Rule 5.3 ↗

Hearing days

File by 4:30 PM two business days before presentment; hearing days set per judge Local Rule 78.1 ↗

Proposed orders
🏛 N.D. Ill. local rule

Silent on proposed orders. The local rules do not require a proposed order with motions. Consult the assigned judge's individual practices page on the court website. Local Rule 5.3(a) ↗

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

Oral argument at court's discretion; court may rule on papers without hearing Local Rule 78.3 ↗

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

Magistrate assigned to each case; LR 37.2 in-person or phone conferral required before filing Local Rule 72.1 ↗

Discovery dispute procedure
👤 Judge Perry — standing order

Discovery Motions Meet and Confer Requirement The parties can and should work out most discovery disputes without judicial intervention. The Court will not hear or consider any discovery motion or non-dispositive dispute unless the movant has complied with the “meet and confer” requirement of Local Rule 37.2. This applies not only to motions to compel, but also to motions to quash discovery or for protective orders against discovery. The motion must state with specificity when and how the movant complied with Local Rule 37.2. The exchange of correspondence without in-person or telephonic discussion will not normally be sufficient to comply with Local Rule 37.2. If the parties have reached an impasse regarding the discovery of voluminous records from a database, server or other electronic storage facility, before filing a motion to compel the parties are required to meet and confer with an IT representative of the facility 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. Discovery Motions If the parties do not resolve their disagreement through the “meet and confer” requirement, the parties must file a joint motion of no more than five pages. The joint motion must set out each issue in a separate section and include in that section each party’s position (with appropriate legal authority) and proposed compromise. If the disagreement involves specific discovery that a party has propounded, such as interrogatories, requests for production of documents, or answers or objections to such discovery, the parties must reproduce the question/request and the response in its entirety in that section. The entire disputed discovery responses should be attached as an exhibit to the motion. All parties should be fully prepared to argue any discovery motion on the date that it is presented. The Court most often will rule on discovery motions after hearing argument at the motion call and without additional briefing. If after hearing argument the Court believes that the motion requires additional briefing, the Court normally will set an expedited briefing schedule so that the matter can be resolved promptly. Parties are reminded to notify the Court if they are withdrawing any previously-filed discovery motions. 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. Parties are also reminded that the pendency of a motion, such as a motion to dismiss, does not operate as a stay of discovery.

Know Before You Go
👤 Judge Perry — deviations that burn people
  • [Motion Practice and Memoranda of Law]
  • Document Formatting Unless otherwise ordered by the Court, briefs in support of or opposition to a motion should be no more than 15 pages and reply briefs should be no more than 10. Please see Local Rule 5.2 for additional font size, margin, and spacing requirements. Documents should be filed in searchable OCR .pdf. Meet and Confer Requirement Before filing a motion, the movant’s counsel must ask opposing counsel whether there is an objection to the motion. If there is an objection, movant must note that fact in the body of the motion. Joint, uncontested, and agreed motions should be so identified in both the title and the body of the motion. For opposed motions, the movant must confer with the opposing party before filing. If the non-moving party intends to respond to the motion the motion should include an agreed proposed briefing schedule. If the non-moving party does not intend to respond to the motion, the motion should say so rather than proposing a briefing schedule. This meet and confer requirement does not apply to dispositive motions typically contested by the parties, including motions to dismiss and motions for summary judgment, or motions that are administrative in nature, such as motions to withdraw as counsel and pro hac vice motions. If in doubt, please confer with opposing counsel before filing a motion. Briefing Schedule All motions must be accompanied by an agreed briefing schedule or competing proposals. If the parties do not propose a briefing schedule, the Court will set one, which may be more accelerated than the parties would prefer. In a case of ordinary complexity the briefing schedules should be approximately the following: Motion to dismiss: three weeks to respond, 10 days to reply Motions related to preliminary injunctive relief: seven days to respond or reply (if allowed) Discovery motions: seven days to respond, replies usually not allowed Motions in limine and Daubert motions: usually set by the Court Motion for summary judgment: motion due six weeks after the close of the relevant discovery period, four weeks to respond, two weeks to reply Complex cases may require longer briefing schedules and the Court realizes that counsel have other demands on their time. The Court will usually defer to parties' proposed briefing schedules. However, parties must examine their calendars and consult with their opponents to ensure that briefing schedules they propose are realistic and account for the time needed to brief the motion, manage obligations in other cases, and attend to personal matters. The Court is reluctant to grant significant extensions to accommodate conflicts that counsel could have foreseen. Motions for Extensions of Time Motions for extension of time shall indicate: (i) the reason for the request; (ii) the number of previous extensions; and (iii) whether any party objects to the extension. Please do not contact chambers or the Courtroom Deputy to request an extension of time. Schedule Please review Judge Perry’s website for dates on which she will be hearing motions. Motions must be filed at least 3 business days before the motion is to be heard. So long as notice requirements have been met, the Court will also consider motions at previously-scheduled status hearings. Notices of motion must be filed separately on the docket for the motion to appear on the Court’s calendar. Do not attach the notice as an exhibit to the motion. Trial dates and discovery cutoff dates will not be reset except by written motion. Motions to extend a discovery cutoff date or to reset a trial date, whether uncontested or contested, will normally require a court appearance. Counsel should check the docket after 4:00 p.m. on the afternoon before the scheduled motion date to see if an appearance is necessary. Unless the court has told a party it need not appear, counsel is expected to be present whether or not the motion is agreed.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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