The following procedures apply to civil cases filed by prisoners and civil detainees
proceeding pro se. For purposes of this section, a “prisoner” is a person defined in 28
U.S.C. § 1915(h). A “civil detainee” is a person held in detention or committed to civil
law, including but not limited to persons detained or civilly committed pursuant to the
Illinois Sexually Violent Persons Commitment Act, 725 ILCS 207/1–207/99 or the Illinois
Sexually Dangerous Persons Act, 725 ILCS 205/0.01–205/12.
(A) Complaint
(1) Upon written request, the Clerk of the Court will provide each pro se
plaintiff with a complaint form, a petition to proceed in forma pauperis and
an instruction sheet. The plaintiff is not required to use the Court’s
complaint form. No complaint will be rejected for filing because of
improper form or because of failure to comply with Local Rules. However,
failure to comply with Local Rules may result in dismissal of the plaintiff’s
case by the Court.
(2) The plaintiff’s complaint may be handwritten or typed. However, the
original complaint, as well as all pleadings, must be legible and signed by
the plaintiff. If there is more than one plaintiff, each must sign the
complaint. A complaint need not be notarized. However, if the complaint
contains false statements of material fact, the plaintiff may be subject to
dismissal of the case or other sanctions.
(3) All copies of the original complaint provided by the plaintiff must be carbon
copies or photocopies. No other copies, such as handwritten copies, will be
accepted.
(4) The complaint should set forth a short and plain statement of the plaintiff’s
claim(s) showing that the plaintiff is entitled to relief. A short statement of
names, dates and facts about what each defendant did will usually be
enough. Legal argument and case citations are not necessary. If the Court
requires additional information about a claim, the plaintiff will be ordered
to provide a more complete statement. The complaint should also state what
relief the plaintiff seeks, and if known, the grounds for the Court’s
jurisdiction.
(5) The complaint should include the full first and last name of each defendant
to be served and a full address where that defendant may be served, usually
a work address. Failure of the plaintiff, without good cause, to timely and
adequately identify a defendant for service will result in dismissal of that
defendant from the case.
(6) The plaintiff should mail the complaint, along with the filing fee or the
petition to proceed in forma pauperis, together in one package to: CLERK,
U.S. DISTRICT COURT in the division in which the claim arose.
(7) The Clerk will file the complaint upon receipt, regardless of the form of the
complaint and regardless of whether the complaint is accompanied by
payment of the filing fee or a petition to proceed in forma pauperis.
(B) Payment of Fees and Other Costs
(1) If the plaintiff files a complaint without the filing fee or a petition to proceed
in forma pauperis, a deficiency order will enter directing the plaintiff to
either pay the filing fee or file a petition to proceed in forma pauperis.
Failure to comply will result in dismissal of the case.
(2) If the plaintiff is a prisoner under 28 U.S.C. § 1915(h) and files a petition to
proceed in forma pauperis that demonstrates inability to pay the filing fee,
the petition will be granted and an initial partial filing fee will be assessed
in accordance with 28 U.S.C. § 1915(b). The agency having custody of the
plaintiff will be directed to pay the initial partial filing fee from the
plaintiff’s prison account and to forward monthly payments from that
account in accordance with 28 U.S.C. § 1915(b). If the plaintiff is not a
prisoner under 28 U.S.C. § 1915(h), this provision does not apply.
(3) All requests for file-stamped copies of documents must be accompanied by
a stamped, self-addressed envelope and an extra copy to be file-stamped and
returned.
(4) Security for Costs
(a) In any case removed to this Court under the provisions of 28 U.S.C.
§ 1441 or 1443 in which the plaintiff is a pro se prisoner who has been
barred from proceeding in forma pauperis under the provisions of 28
U.S.C. § 1915(g), and who does not meet the exception of that section, the
Court may require security from the plaintiff for payment of costs.
(b) The Court may require security for payment of costs from any
plaintiff, regardless of whether that plaintiff is barred from
proceeding in forma pauperis under 28 U.S.C. § 1915(g), where the
Court determines that such plaintiff: (1) has filed three or more
prior actions in federal court that were dismissed as frivolous,
malicious, or for failure to state a federal claim for relief; or, (2) has
unpaid costs or sanctions assessed in a prior federal case.
This section does not limit the Court’s power to require security in
other appropriate cases.
(c) The security may be in the form of cash or a surety bond with
corporate or justified sureties acceptable to the Court. Failure by the
plaintiff to provide the required security may result in the dismissal
of the action.
(C) Case Management Order
If practicable, the Court will conduct a review of the complaint before service is
ordered, and enter a Case Management Order delineating the viable claims stated,
if any. At any time, a Case Management Order is issued by the Court defining the
remaining claims in the case, the case will proceed solely on those claims identified
in the Case Management Order. Any claims not defined in the Case Management
Order will not be included in the case, except in the Court’s discretion on motion
by a party for good cause shown, or pursuant to Rule 15 of the Federal Rules of
Civil Procedure.
(D) Service of Process
In cases proceeding in forma pauperis, after the complaint is filed and a Case
Management Order enters, if any, a Scheduling Order will enter directing service of
the complaint. Generally, waivers of service will be sought from the defendants in
lieu of personal service. If a defendant fails to return a signed waiver of service,
personal service will be attempted on that defendant, with the costs of personal
service assessed against that defendant to the extent allowed under the Federal
Rules of Civil Procedure.
If the full statutory filing fee is paid, the plaintiff is responsible for arranging for
service.
(E) Answer
(1) When the State of Illinois, any of its officers, agents, departments or
employees is a defendant, a responsive pleading must be filed within 60
days of service or within 60 days of the date the waiver of service was sent,
as the case may be. All other defendants, including officers and employees
of counties and municipalities, must answer or otherwise plead within 21
days of personal service, or within 60 days after a waiver of service is sent.
A motion to dismiss is not an answer. The answer must be considered a
responsive pleading under Rule 15(a) of the Federal Rules of Civil
Procedure and should include all defenses appropriate under the Federal
Rules. It is the responsibility of the individual named as a defendant to
arrange for representation within that time limit. The Court will not extend
the time for answer unless exceptional circumstances are shown. Default
may be entered against defendants who do not answer within the time limits.
(2) In civil rights cases where the pro se plaintiff is a prisoner or civil detainee,
the answer and subsequent pleadings will be to the issues stated in the Case
Management Order accompanying the process and complaint, if such an
order is entered. A defendant need not parse the complaint and respond to
it. If no Case Management Order has entered, the responsive pleading will
be to the complaint.
(F) Scheduling Conference
A scheduling order directing service of the complaint will also set the case for a
scheduling conference. At the scheduling conference, the parties will be prepared
to argue all pending motions; determine whether all parties have been correctly
designated and properly served; discuss the course and progress of discovery and
resolve any disputes; determine whether a jury demand has been timely filed; set
firm dates for the completion of discovery and the filing of case-dispositive
motions. At the conclusion of the scheduling conference, the Court will set the
matter for further status conference or will set scheduling deadlines. Scheduling
conferences will be held by telephone or video unless otherwise ordered by the
Court.
(G) Status Conference
A status conference may be set at any time by the Court. At a status conference the
parties will be prepared to argue all pending motions; discuss the progress of
discovery and resolve any disputes; review dates for the completion of discovery
and the filing of case-dispositive motions. Status conferences will be held by
telephone or video unless otherwise ordered by the Court.
(H) Motions
The parties are responsible for filing motions within the deadlines set by the Court.
Responses to motions must be filed within 14 days, or a party must file a timely
motion for extension of time to respond, that is within the time set for response.
Motions to file “instanter” are not viewed favorably by the Court and will not be
allowed routinely. Motions will not be specially set or noticed for hearing. The
Court may rule on any motion after the time for response has passed, whether a
response is on file or not. At his or her discretion, the presiding judge may set any
motion for hearing.
(I) Final Pretrial Conference
(1) As soon as practicable after the close of discovery and the resolution of
dispositive motions, the presiding judge will set the case for final pretrial
conference. All discovery MUST BE COMPLETED before the conference
is held. Appropriate sanctions will be imposed upon any party failing to
complete discovery as ordered. No case-dispositive motions will be
accepted after the cut-off date for the filing of such motions, except by leave
of Court and a showing of extraordinary circumstances, e.g., a recently
decided relevant court opinion or newly discovered evidence that with due
diligence could not have been found during the time allotted for discovery.
The conference must be by personal appearance, by telephone, or by video
as directed by the Court, with the plaintiff, if not represented, and with the
attorneys who will try the case.
(2) The following documents are to be prepared and exchanged between the
litigants, BUT NOT FILED WITH THE COURT, at least 30 days before
the date set for the final pretrial conference.
(a) A statement of uncontested facts.
(b) A statement of contested issues of fact and law.
(c) An itemized statement of damages (plaintiff only).
(d) A list of names and addresses of witnesses that each party intends to
call to testify at trial, including the names of expert witnesses.
(e) A list of names and addresses of witnesses for whom subpoenas are
requested, and a brief summary of the expected testimony of each
such witness.
(f) A list of names, registration numbers (if applicable), and addresses
of prisoner or detainee witnesses from whom writs of habeas corpus
ad testificandum are requested, and a brief summary of the facts to
which each such witness will testify.
(g) A list of exhibits, sequentially numbered, which each party intends
to offer into evidence.
(h) A list of all demonstrative aids to be used at the trial.
(3) An attorney for the defendants must prepare a proposed final pretrial order
based on the documents described above and must file the proposed final
pretrial order at least 14 days before the final pretrial conference. A
suggested form of the order is included as Appendix 2 to these Rules. As
far as is practicable, the litigants are encouraged to resolve any disputes
concerning the order prior to the conference. When the plaintiff is
represented by counsel, a final, agreed-to order will be presented at the
conference.
(4) At the final pretrial conference, the presiding judge and the litigants will
consider the following:
(a) The prospects of settlement. Plaintiff will make a definite demand
for settlement and defendants will have authority to make a definite
offer of settlement.
(b) Simplification of the issues for trial;
(c) The final witness lists, including the issuance of subpoenas and writs
for witnesses;
(d) Any problems of evidence;
(e) Limitation on the number of expert witnesses;
(f) The desirability and timing of trial briefs;
(g) Such other matters that may aid in the fair and expeditious trial and
disposition of the action;
(h) The estimated length of trial.
(5) In cases to be tried to a jury, the parties will submit an agreed set of jury
instructions, unless otherwise directed by the Court. Instructions upon
which the parties are unable to agree will be submitted separately by each
party, unless excused by the presiding judge. Each instruction will be
appropriately numbered and on a separate sheet of 8 1/2” x 11” paper; will
cover no more than one subject; will identify the source and authority upon
which it is based; and will have the name of the party submitting it noted at
the bottom of the page.
(6) Changes or amendments to the proposed final pretrial order will be made at
the final pretrial conference. At the close of the pretrial conference, the
parties and the presiding judge will sign the pretrial order. The Court may
direct that the parties’ signatures be electronically affixed to the final
pretrial order if the parties have not appeared in person for the final pretrial
conference. The signed pretrial order takes the place of all prior pleadings.
Any issue not contained in the final pretrial order WILL NOT BE TRIED.
The parties are cautioned to consider the contents of the order very
carefully, especially as to jury demand, types of damages sought, claims and
defenses.
(7) A sample form of pretrial order is contained in Local Rules Appendix 2. The
parties are cautioned to conform their pretrial order to the sample format.
(J) Sanctions
Failure of counsel or parties, if not represented by counsel, to appear at any
scheduled pretrial conference, including telephone conferences, or otherwise to
comply with the provisions of this Rule, may result in dismissal, default, awarding
of attorney’s fees and costs and such other sanctions as may be appropriate.
(K) Change of Address
Every pro se plaintiff must notify the Clerk of the Court in writing of any change
of address during the entire pendency of his case. Failure to notify the Clerk of a
change of address will result in the dismissal of the case.
(L) Waiver
A plaintiff may request a waiver of any of the provisions of this rule by filing a
motion with the Clerk of the Court stating in brief what requirements the plaintiff
wants waived and why. The Court will consider each motion individually;
however, motions to waive these requirements will not be routinely allowed.
Revised 06/2010
