Any lawyer practicing before this Court is subject to the disciplinary authority of this Court
although also engaged in practice elsewhere.
Committee Comment. In addition to the fact that Illinois lawyers practice in Illinois state courts
as well as in this Court, in modern practice lawyers frequently act outside the territorial limits of
the jurisdiction in which they are licensed to practice, either in another state or outside the United
States. In doing so, they remain subject to the governing authority of this Court as well as the
state jurisdiction in which they are licensed to practice.
Where the lawyer is licensed to practice law before two courts which impose conflicting
obligations, applicable rules of choice of law may govern the situation. This Court’s adoption of
rules differing to some extent from the Illinois Rules has been intended, to the maximum extent
possible, to minimize, or avoid entirely, such conflicting obligations.
ADMIRALTY RULES
LRSupA.1. Local Admiralty Rules, Application of Local Civil Rules
Local rules numbered as LRSupA.1, LRSupB.1, etc., are associated with the Supplemental Rules
For Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure. They may
be referred to as the “local admiralty rules.” The terms “Supplemental Rule” and “Supplemental
Rules” as used within the local admiralty rules shall refer to one or all of the Supplemental Rules
for Certain Admiralty Claims of the Federal Rules of Civil Procedure.
The local civil rules of this Court shall apply to admiralty and maritime claims to the extent they
are not inconsistent with the local admiralty rules.
LRSupB.1. Attachments & Garnishments: Special Provisions
(a) Suits Filed In Forma Pauperis. In suits in forma pauperis no process in rem shall issue
except upon proof of 24 hours’ notice to the owner of the property or his agent, of the filing of the
complaint unless allowed by the court.
(b) Service. In actions in personam where the debts, credits or effects named in any process of
maritime attachment and garnishment are not delivered up to the marshal by the garnishee or are
denied by him to be the property of the defendant it shall be a sufficient service of such process to
leave a copy thereof with such garnishee, or at his usual residence or place of business, with
notice of the property attached. On return by the marshal, the plaintiff may proceed to a hearing
and final judgment in the cause on providing proof to the satisfaction of the court that the
property belongs to defendant.
In actions in rem, process against freight or proceeds of property in possession of any person may
be served in the same manner.
(c) Judgment of Default. On the expiration of the time to answer, if no pleading under
Fed.R.Civ.P. 12 has been filed, the plaintiff may have an ex parte hearing of the cause and a
judgment without notice, except that:
(1) if an appearance has been filed, 7 days’ notice of the hearing shall be given by the
plaintiff to all persons who have appeared; and
(2) final judgment shall not enter against arrested or attached property until it is shown by
affidavit that notice of the motion has been given to the owner of the property, if known
to the plaintiff, or otherwise to the owner’s agent, if known and to any holder of any
security interest in the vessel arrested or attached, recorded in the records of the United
States Coast Guard.
The notice shall be by first class mail to the mailing address of record or to the last known
address. Failure to give notice as provided by this rule may be grounds for setting aside the
default under applicable rules, but shall not affect title to property sold under a judgment.
Amended November 19, 2009
LRSupC.1. Actions in Rem: Special Provisions
(a) Publication; Notice of Sale. The notice required by section (4) of Supplemental Rule C shall
be published at least once and shall contain the fact and date of the arrest, the name of the Court,
the title of the cause, the nature of the action, the amount demanded, the name of the marshal, the
name and address of the attorney for the plaintiff, and a statement that claimants must file their
claims pursuant to Supplemental Rule C(6) with the clerk within 14 days after the date of first
publication or within such additional time as may be allowed by the court and must file and serve
their answers within 21 days after the filing of their claims. The notice shall also state that all
interested persons should file claims and answers within the times so fixed; otherwise default will
be noted and condemnation ordered.
When property remains in custody of the marshal the cause will not be heard until after
publication of notice of arrest shall have been made in that cause or in some other pending cause
in which the property is held in custody. No final judgment shall be entered ordering the
condemnation and sale of non-perishable property, arrested under process in rem, unless
publication of notice of arrest in that cause shall have been duly made.
Unless otherwise ordered as provided by law, notice of sale of the property in suits in rem shall
be published daily for at least 7 days before sale.
All publication shall be made in a newspaper of general circulation in the City of Chicago.
(b) Time Within Which to Show Cause. A summons issued pursuant to Supplemental Rule
C(3) dealing with freight or the proceeds of property sold or other intangible property, shall set
the date by which the person having control of the funds is to show cause. The date shall be at
least 10 days after service of the summons. The court, for good cause shown, may shorten the
period.
(c) Property in Possession of Collector of Customs. In suits in rem when property is in the
possession or custody of the collector of customs the person or organization to whom the clerk
delivered the warrant of arrest shall deliver a copy of the process to the collector together with
notice of the arrest of the property therein described and require the collector to detain such
property in custody until the further order of the court. This requirement shall be in addition to
any publication of process made pursuant to section (a).
(d) Limitations on Claims Made After Sale. In proceedings in rem, claims upon the proceeds of
sale of property under a final judgment order or decree, except for seamen’s wages, will not be
admitted in behalf of lienors who file complaints or petitions after the sale, to the prejudice of
lienors who filed complaints or petitions before the sale, but shall be limited to the remnants and
surplus, unless for cause shown it shall be otherwise ordered.
Amended November 19, 2009
LRSupE.1. Actions in Rem and Quasi in Rem: General Provisions
(a) Security for Costs. Each plaintiff other than the United States shall file a security for cost
bond or stipulation in the amount of $250 conditioned that the principal shall pay all costs
awarded by this or any appellate court, except as ordered by court.
Municipal corporations within this District shall not be required to file such bond unless ordered
by court pursuant to Supplemental Rule E(2)(b).
(b) Stipulations. Whenever the owner or owners of any vessel shall execute and deliver to the
clerk a general bond or stipulation as provided by Supplemental Rule E(5)(b) conditioned to
answer the judgment of the court in all or any actions that may be brought thereafter in such court
in which the vessel is attached or arrested, notice of the process shall be given to the principal and
surety or sureties in said bond by service of a copy thereof by the marshal upon each of the
persons named in said bond. Failure to receive such notice shall in no wise affect the liability
under such bond; all other notices shall be given and the cause proceed as if such vessel had been
taken into actual custody.
All stipulations shall contain the consent of the stipulators, that if the party, for whose benefit the
stipulation is filed recover, the judgment may be entered against them for an amount not
exceeding the amount named in such stipulation.
(c) Notice & Approval. Stipulators may justify on short notice before a magistrate judge, the
clerk, or a notary public, who, if required by an adverse party, shall examine the sureties under
oath as to their sufficiency, and annex their depositions to the bond or stipulation.
In all cases where the surety on bonds or stipulations is not a corporate surety holding a certificate
of authority of the Secretary of the Treasury and the bond or stipulation is not approved by the
parties, reasonable notice of the application for approval by the court or clerk shall be given.
LRSupE.2. Appraisal
In case of seizure of property on behalf of the United States, an appraisal for the purpose of
bonding may be had by any party in interest, on giving 7 days’ notice of motion for the
appointment of appraisers. If the parties or their attorneys and the United States attorney are
present in court, such motion may be made instanter, after seizure and without notice.
Orders for the appraisal of property under arrest or attachment at the suite of a private party may
be entered as of course, at the instance of any party interested, or upon the consent of the
attorneys for the respective parties.
Unless otherwise ordered, only one appraiser shall be appointed. Where the respective parties do
not agree in writing, the judge shall name the appraiser.
The appraiser shall give one day’s notice of the time and place of making the appraisal to the
attorneys in the action. The appraisal shall be filed with the clerk.
Amended November 19, 2009
LRSupE.3. Safekeeping of Vessels; Movement Within Port
Upon seizure of any vessel, the marshal shall make appropriate arrangements for the safekeeping
of the vessel. The marshal may require the party at whose instance the vessel is to be seized to
pay any costs as incurred.
Upon the request of the claimant of the vessel or of the owner, charterer, master or other person
in control of the vessel at the time it was seized, and with the consent of the party at whose
instance the vessel was seized, the marshal may appoint the master of the vessel as custodian and
may permit the vessel to be worked and shifted within the District without further order of court.
LRSupE.4. Judicial Sale
(a) Marshal’s Account of Sale. When any money shall come to the hands of the marshal under
or by virtue of any order or process of the court, he shall forthwith present to the clerk a bill of his
charges showing the time he received the money. After the filing of the bill of charges and upon
the taxation thereof he shall forthwith pay to the clerk the amount of said money less his charges
as taxed. An account of all property sold under the order or judgment of this Court shall be
returned by the marshal and filed in the clerk’s office, with the execution or other process under
which the sale was made.
(b) Conditions of Sale. When a vessel is sold under an order or judgment of this Court pursuant
to Supplemental Rules E(9)(b) or E(9)(c), the marshal shall make his account of the property sold
as provided in section (a) and shall prepare a certificate of sale showing the name and address of
the highest bidder. Such sale shall be subject to approval and confirmation by the court or
rejection by the court, upon motion and showing of good cause therefor, which motion may be
made by the plaintiff, or by any party of record, or by the highest bidder. It shall be the
responsibility of the plaintiff, or such other party of record who desires that the sale be approved
and confirmed, to prepare and present to the court from the pleadings in the case, or from other
sources, a description of the vessel for purpose of identification as an aid to the United States
Coast Guard properly to record and index the vessel on its records, or to enable the vessel to be
registered or numbered under the Illinois Boat Registration and Safety Act or such other state or
federal statute as may be applicable. The description may include the name of the vessel, its
official number, if any, its state identification number, if any, its dimensions, the name of the
former owner, the ownership interest to be transferred, and the name and address of the purchaser
who shall have been the successful bidder at the sale.
(c) Marshal’s Bill of Sale. If and when the court approves and confirms the sale, the order
approving and confirming such sale shall direct the marshal to issue a marshal’s bill of sale
containing appropriate identification and description of the vessel so that the same may be
recorded pursuant to any applicable regulations of the United States Coast Guard or other
government agency.
CRIMINAL RULES
LCR 1.1. Adoption of Rules
These rules apply to the conduct of criminal proceedings in this Court. They may be referred to as
“local criminal rules” or, where reference is to a specific rule, “LCR. [number].”
Unless otherwise indicated, reference in these rules to the United States attorney shall also
include an assistant United States attorney and an assistant United States attorney general.
Reference in these rules to defendant’s attorney is in no way intended to preclude a defendant
from proceeding pro se, in which case a reference to defendant’s attorney applies to defendant.
LCR 1.2. Applicability of Local Rules
In all criminal proceedings, the Local Rules of this Court shall be followed insofar as they are
applicable.
Amended April 24, 2025
LCR 5.1. Duty Magistrate Judge
Magistrate Judges designated as the duty magistrate judges for the Eastern and Western Divisions
pursuant to LR 77.2 shall have the power to perform all duties accorded to magistrate judges set
forth in the United States Code and the Federal Rules of Criminal Procedure.
Amended March 22, 2019 and April 24, 2025
LCR6.1. Chief Judge to Supervise Grand Jury
The chief judge shall supervise the operations of the grand jury, including empaneling and
charging each grand jury at the commencement of its term, providing whatever services it may
require, including a convenient place for its deliberations, entering all appropriate orders it
requests, and discharging it upon completion of its deliberations or at the end of its term. All
matters pertaining to grand juries shall be heard by the chief judge or his or her designee.
LCR6.2. Report of a Grand Jury’s Failure to Concur in an Indictment
1. The following documents relating to grand juries shall be public records:
(1) orders empaneling grand juries;
(2) orders returning indictments;
(3) orders extending the period of service of grand juries; and
(4) orders discharging grand juries.
The clerk is authorized to provide to an attorney who has filed an appearance in a criminal case
pending in this Court a copy of any motions, orders, or documents relating to any grand jury
subpoena issued in the grand jury proceeding from which the case arose against the person on
whose behalf the attorney is appearing.
All other records maintained by the clerk relating to grand juries are restricted documents and
shall be available only on order of the chief judge. This includes grand jury subpoenas, transcripts
of testimony, the clerk's docket of grand jury proceedings, motions and orders relating to grand
jury subpoenas, true bills, and no bills, except as provided in LCR 6.2.1.
Amended May 4, 2026
LCR6.2.1 Records of the Grand Juries in the Possession of the Clerk
If a complaint or information is pending against a defendant and 12 jurors do not concur in the
indictment, the foreperson must promptly and in writing report the lack of concurrence to the
magistrate judge. This report will be made on the approved form and submitted to the duty
magistrate judge on the record. After submission to the duty magistrate judge, the form will be
provided to the Clerk of Court. The Clerk of Court will file the form under seal, and a redacted
form protecting the identity of the foreperson will be filed unsealed in the docket of the
underlying complaint or information.
Adopted May 4, 2026
LCR 10.1. Arraignments
Following the filing of an indictment or information the clerk shall promptly enter a minute order
setting the date of arraignment in accordance with the applicable schedule below. All schedules
below are subject to modification by the assigned judge:
(A) Where the defendant is not in custody, and an arrest warrant is not issued in connection with
the filing of the indictment or information, the arraignment shall be conducted on or before seven
business days following such filing.
(B) Where the defendant is not in custody, but an arrest warrant is issued in connection with the
filing of an indictment or information, the arraignment shall be set for no later than two business
days after the United States Marshal for the Northern District of Illinois obtains custody of the
defendant.
(C) Where the defendant is in the custody of the United States Marshal for the Northern District
of Illinois at the time of the filing of the indictment or information, the arraignment shall be set
for no later than five business days following such filing.
(D) Where the defendant is in the custody of a custodian other than the United States Marshal for
the Northern District of Illinois at the time of the filing of the indictment or information, the
arraignment shall be set for two business days after the United States Marshal for the Northern
District of Illinois obtains custody of the defendant. Copies of the minute order setting the
arraignment shall be attached to the copy of the indictment or information to be served on the
defendant and/or defendant’s counsel by the United States Attorney.
Amended February 25, 2022
LCR 11.1. Pleas by Corporate Defendants
When the defendant in a criminal proceeding is other than a natural person, any plea other than a
plea of not guilty shall be entered by an authorized officer, director or managing agent of the
defendant, or by counsel, provided counsel is authorized to do so by virtue of a specific corporate
resolution to that effect from the defendant’s board of directors.
LCR 12.1. Pretrial Motions
(a) Time. All pretrial motions and supporting briefs shall be filed within the time set by the court.
If the court does not set a time, pretrial motions shall be filed within 21 days from the date of
arraignment.
(b) Additional Discovery. In the event that a party moves for additional discovery or inspection
following the discovery conference required by LCR 16.1(a), the motion shall be filed within 7
days of the conference or, if the court has set a later date for the filing of pretrial motions, the
later date. The motion shall contain:
(1) a statement that the required conference was held;
(2) the date the conference was held;
(3) the name of opposing counsel with whom the conference was held; and
(4) the statement that agreement could not be reached concerning the discovery or
inspection that is the subject of the motion.
The court will not hear a motion for additional discovery or inspection if it does not conform to
the procedural requisites of this section.
LCR 16.1. Pretrial Discovery and Inspection
(a) Discovery Conference. Within 7 days after the arraignment the United States attorney and
the defendant’s attorney shall confer and attempt to agree on a timetable and procedures for the
following:
(1) inspecting, copying, or photographing any of the information subject to disclosure
pursuant to Fed.R.Crim.P. 16;
(2) preserving the written notes of government agents;
(3) identification and notification of evidence the United States attorney intends to
introduce pursuant to Federal Rule of Evidence 404(b);
(4) the filing of a proffer made within the scope of U.S. v. Santiago, 582 F.2d 1128 (7th
Circ., 1978);
(5) the filing of materials subject to 18 U.S.C. §3500; and
(6) any other preliminary matters where such agreement would serve to expedite the
orderly trial of the case.
(b) Declination of Disclosure. If in the judgment of the United States attorney or of the
defendant’s attorney, it would not be in the interests of justice to make any one or more of the
disclosures set forth in Fed.R.Crim.P. 16 and requested by counsel, disclosure may be declined. A
declination shall be in writing, directed to opposing counsel. The declination shall specify the
types of disclosures that are declined. It shall be signed personally by the United States attorney
or the first assistant United States attorney or the defendant’s counsel, as appropriate. It shall be
served on opposing counsel and a copy filed with the court within 5 days of the discovery
conference held pursuant to section (a).
LCR 31.1. Contact With Jurors
After the conclusion of a trial, no party, agent or attorney shall communicate or attempt to
communicate with any members of the petit jury before which the case was tried without first
receiving permission of the court.
LCR 32.1. Presentence Investigations
(a) Application of Rule. This rule shall be effective in all cases in which a determination of guilt
is made on or after the date of its adoption.
(b) Definitions. The following definitions shall apply to this rule:
(1) "business day" shall include any day other than a Saturday, a Sunday, or a legal
holiday as defined by Fed.R.Crim.P. 45(a);
(2) "day" (except where used in the term "business day") shall refer to all days, including
Saturdays, Sundays, and legal holidays as defined by Fed.R.Crim.P. 45(a);
(3) "determination of guilt" shall mean the entry of a judgment of conviction whether by
plea or after trial;
(4) "guidelines" shall mean the United States Sentencing Guidelines and Policy
Statements promulgated pursuant to 28 U.S.C. §994;
(5) "probation officer" shall mean the probation officer assigned to prepare the
presentence investigation report; and
(6) "report" shall mean the presentence investigation report.
(c) Scheduling of Hearing. Upon the determination of guilt, the court shall set a date for
the sentencing hearing. The hearing shall be set not less than 84 days after the
determination of guilt. Any motion to modify the time limits in this Rule must be made at
the time the sentencing hearing date is set.
(d) Notifying Probation Office. Following the determination of guilt, the attorney for the
defendant and the defendant, unless in custody, shall report to the probation office to
begin the presentence investigation immediately or by no later than 2:00 p.m. the
following business day, unless the probation office agrees to a different schedule.
If the defendant is incarcerated, the attorney for the defendant shall report to the
probation office and provide the information needed to begin the presentence
investigation.
Within one business day following the determination of guilt, the court’s courtroom
deputy shall forward a presentence referral form to the probation office. The defendant
shall participate in an interview, if any, with the probation office, within 14 days after the
determination of guilt. Failure to schedule the interview within this period does not affect
any of the other dates set forth herein.
(e) Submission of Versions. Not more than 14 days after the determination of guilt, the
attorney for the government shall submit to the probation officer its version of the offense
conduct. Not more than 7 days after submission of the government’s version of the
offense conduct, the attorney for each defendant shall submit a version of the offense
conduct to the probation officer. The attorneys shall serve copies of their versions upon
opposing counsel and upon the attorney for any co-defendant as to whom a
determination of guilt has been made. Within 7 days after the receipt of the co-
defendants’ versions, each co-defendant’s attorney shall submit to the probation officer
and serve upon all counsel that defendant’s version of the offense conduct as it relates
to the defendants’ respective roles in the offense. Failure to submit a version of the
offense conduct within 7 days after the government’s submission of its version of the
offense conduct may constitute waiver of the right to have such material considered
within the PSR, and the probation officer will have the right to make determinations
without regard to a defendant’s version of the offense conduct submitted after that date.
(f) Presentence Investigation Report. Not later than 35 days prior to sentencing, the
probation officer shall complete and issue the presentence investigation report to the
court, the defendant and defense counsel, and counsel for the government. The
recommendation of the presentence report shall be submitted initially only to the Court,
but the Court may, in its discretion, and with notice to the Probation Office, direct
disclosure of the recommendation to the defendant and defense counsel, and counsel
for the government, as well. The recommendation section shall not include any factual
information not already contained in the other sections of the report.
(g) Position Paper. Not later than 14 days prior to sentencing, counsel for the defendant
shall file with the Court and the probation officer objections, if any, to the Presentence
Investigation Report, and a sentencing memorandum. The Government will have leave
to respond 7 days thereafter. The parties’ submissions shall specify—
(1) any factor important to the sentencing determination that is reasonably in dispute,
(2) any additional material information affecting the sentencing ranges established by the
Guidelines, and
(3) any other objections or corrections to the report.
Any objection or correction not filed at that time shall be deemed waived, unless for good
cause shown the court permits it to be raised at the sentencing hearing. The attorneys
shall serve copies of the position papers upon opposing counsel and upon the attorney
for any co-defendant as to whom a determination of guilt has been made.
(h) Responsibility of Attorneys to Review Presentence Investigation
Report. Counsel for the defendant shall meet with the defendant to read and discuss the
report at a reasonable time prior to the date set for submission of objections and
sentencing memorandum. Counsel for the government shall examine the final report at a
reasonable time prior to the date set for the government’s submission.
(i) Report and Letters. Letters to the court regarding the case or defendant shall be
disclosed promptly to the probation office and all counsel.
(j) Availability of Report. The report shall not be disclosed to any person or agency
without the written permission of the sentencing judge. Upon notice of appeal, the
probation office shall, with notification to the sentencing judge, forward under seal and
apart from the appellate public file, a copy of the report to the clerk of the appellate court
where it shall be available upon request for review by attorneys for the defendant and
the government Upon completion of all appellate matters, the report and the
recommendation shall be returned to the probation office. Unauthorized copying,
dissemination, or disclosure of the contents of the report in violation of these rules may
be treated as contempt of court and punished accordingly.
Committee Comment to 2013 amendment: The Rule is amended in response to language in
United States v. Peterson, 711 F.3d 770 (7th Cir. 2013) suggesting that parties should be
permitted to "evaluate any analysis that might form the basis of a judicial determination."
Committee Comment to 2012 amendment: The Rule is amended to render it consistent with
Federal Rule of Criminal Procedure 32(f) and to set reasonable deadlines for the parties'
submissions to the court.
Committee Comment to 2002 amendment: Prior to its most recent amendment, the rule had
required the probation officer to "mail a preliminary report, without the recommendation to the
defendant, the defendant’s attorney and the attorney for the government." The above-quoted
language did not expressly require that the recommendation be kept confidential. It merely
prevented its early disclosure. We believe that the phrase "without the recommendation" was
included in the prior rule because it reflected the long-standing practice of confidentiality. This
commonly accepted practice had existed for decades. All district courts in this Circuit treat the
recommendations as confidential. Nevertheless, elimination of the phrase has led to uncertainty
over the continuing confidentiality of the recommendations.
Amended October 21, 2013, October 30, 2015, March 29, 2018
LCR 32.1.1. Petitions & Reports Relating to Modification of Terms of
Probation or Supervised Release
The probation department will file with the court any petitions or reports dealing with alleged
violations or modification of conditions of probation or supervised release. The probation
department will also file with such petition or report a proof of service indicating that a copy of
such petition or report has been served upon the United States attorney, to the defendant, and, if
the defendant is represented, to the defendant’s attorney.
LCR 32.3. Confidentiality of Records Relating to Presentence Investigation
Reports and Probation Supervision
(1) Records maintained by the Probation Office of this Court relating to the preparation
of presentence investigation reports and the supervision of persons on probation or
supervised release are confidential. Information contained in the records that is relied on
by the Probation Office to prepare presentence investigation or supervision reports may
be released only by order of the Court. Requests for such information shall be by written
petition establishing with particularity the need for specific information contained in such
records ; and why the requested information is not readily available from other sources
or by other means.
(2) Notwithstanding the requirements of subparagraph (1) above:
(a) A court order is not necessary to obtain criminal history information, which the
Probation Office shall make available to counsel of record upon request.
(b) A court order issuing an arrest warrant for a violation of supervised release
conditions shall suffice as the Court’s authorization for the Probation Office to provide
the United States Marshals Service with the violation report and any associated records
on which the violation report is based. This information may be used by the Marshal
solely for the purpose of executing the arrest warrant and shall not be further
disseminated without a Court order.
(3) When a demand by way of a subpoena or other judicial process is made of a
probation officer either for testimony concerning information contained in such records or
for the records or copies of the records, the probation officer may petition the Court for
instructions. The probation officer shall neither disclose the information nor provide the
records or copies of the records except on order of this Court or as provided in LCR
32.1.
Amended January 30, 3009 and November 6, 2019
LCR 41. Search Warrants
(a) Submission of warrant applications. Except for matters that are reserved for the Chief Judge
(for example, in LCr 50.2 (2) and LCr 6.1) and as provided in (b), applications for search
warrants or seizure warrants must be submitted to the duty magistrate judge.
(b) A district judge may issue a standing order that search warrants or seizure warrants related to
a case assigned to that judge must be brought to that judge.
(c) Assignment of case numbers. When an application for a search warrant or seizure warrant is
approved and the warrant is signed by the duty magistrate judge, the application and warrant will
be given a Miscellaneous (M) case number and be assigned to the magistrate judge who signed
the warrant except where the United States Attorney identifies the warrant as related to an
indicted case. In an indicted case, the CR number associated with that indictment will be assigned
to the application and warrant, and the application and warrant will be filed in that case. When a
search warrant or seizure warrant is signed by a district judge as provided in (b), the application
and warrant will be given the CR number of the case before the district judge and docketed in that
case.
(d) Motions to Seal. This rule, rather than LR26.2, governs a motion to seal a search warrant or
seizure warrant. A motion to seal a warrant must be brought to the district judge or magistrate
judge who signed the warrant, and must specify a date no more than 90 days later when the
sealing order will expire absent a further court order. Any application for delayed notice of a
search must comply with 18 U.S.C. ' 3103. All filings will be unsealed upon the expiration of the
sealing order.
(e) A Motion to Extend a Sealing Order.
(1) Any motion to extend an order sealing a warrant or to extend delayed notice must be
brought to the district judge or magistrate judge who signed the warrant. If a motion is
brought at a time when that judge is unavailable, the motion shall be heard by the duty
magistrate judge.
(2) The motion must be filed no later than three days prior to the expiration of the seal or
delayed notice to allow adequate time for the review of the motion. The motion shall be
filed electronically and a draft order must be submitted to the assigned judge’s proposed
order email box.
(f) Search Warrant Returns. The return of the search warrant must be made in accordance with
the Federal Rules of Criminal Procedure. In addition to that requirement, the United States
Attorney’s Office must also electronically file a copy of the return including the inventory of
property seized into the court’s Electronic Case Filing System. If the application and warrant are
sealed at the time of the return of the search warrant, the return of the search warrant will also be
filed under seal. The return of the search warrant, along with a copy of the warrant, must be filed
within 60 days after the execution of the warrant.
Adopted April 27, 2015; Amended May 27, 2016, June 29, 2023, and December 21, 2023
LCR 44.1. Interim CJA Payments
In a case in which representation of a criminal defendant is projected to be unusually complex
and lengthy, an attorney appointed pursuant to the Criminal Justice Act ("CJA Attorney") may
seek approval for interim payments. A motion for such approval must cite this local criminal rule
and justify the request on the basis of the hardship to counsel in undertaking the representation
for a period of the projected length without compensation, pursuant to the Guidelines for the
Administration of the Criminal Justice Act, ¶2.30. The motion must certify the CJA Attorney's
acceptance of the following requirements:
1. Counsel shall submit quarterly, or on a schedule approved by the Court, to the Clerk of Court
an interim CJA form 20 “Appointment of and Authority to Pay Court Appointed Counsel.” The
first interim voucher shall reflect all compensation claimed and reimbursable expenses incurred,
from the effective date of the appointment through the date in which the first interim voucher is
submitted.
2. Each voucher shall include the time period covered and shall be consecutively numbered.
3. Interim vouchers shall be submitted quarterly, or on a schedule approved by the Court, even in
those periods for which little or no compensation or expenses are claimed.
4. All interim vouchers shall be supported by detailed and itemized statements of attorney time
and expenses. Each voucher shall include the total amount of money requested to date.
5. The Court will review the interim vouchers when submitted, particularly with regard to the
amount of time claimed, and will authorize compensation to be paid for 80 percent of the
approved number of hours. This compensation will be determined by multiplying 80 percent of
the approved number of hours by the applicable rate. Counsel should note that the interim
payments are partial tentative payments and the final payment may be adjusted if necessary by
the Court.
6. Within 45 days of the conclusion of the representation, counsel shall submit a final voucher
seeking payment of the 20% balance withheld from the earlier interim vouchers, as well as
payment for the representation provided during the final interim period. After reviewing the final
voucher, the Court will submit it to the Chief Judge of the Circuit or his or her delegate for
review and approval.
7. Counsel may be reimbursed for out-of-pocket expenses reasonably incurred incident to the
representation.
8. Although the statute and applicable regulations do not place a monetary limit on the amount of
expenses that can be incurred, counsel should incur no single expense item in excess of $500.00
without prior approval of the Court. Such approval may by sought be filing an ex parte
application with the Clerk, stating the nature of the expense, the estimated cost, and the reason the
expense is necessary to the representation. An application seeking such approval may be filed in
camera, if necessary.
9. Recurring expenses, such as telephone toll calls, photocopying and photographs, which may
aggregate more than $500 on one or more interim vouchers, are not considered a single item
expense requiring prior court approval.
10. Telephone toll calls, photocopying, and photographs may be reimbursable expenses if
reasonably incurred.
11. General office overhead, such as rent, secretarial help, and normal telephone service is not a
reimbursable expense, nor are items of a personal nature.
12. Expenses for service of subpoenas on fact witnesses are not reimbursable, but rather are
governed by Rule 17 of the Fed.R.Crim.P. and 28 U.S.C. §1825.
13. In some instances, travel may be required for purposes of consulting with the client or with
predecessor counsel, interviewing witnesses or experts, etc. In such circumstances, where travel
is required outside the County of Cook for cases assigned to the Eastern Division, or outside the
County of Winnebago for cases assigned to the Western Division, travel expenses, such as
airfare, mileage, parking fee, meals and lodging, can be claimed as itemized expenses. If
expenses relating to a single trip will exceed a total of $500.00, counsel must seek prior Court
approval. Actual expenses incurred for meals and lodging in the course of such travel must
conform to the prevailing government travel regulations imposed on federal judiciary employees
for official travel.
14. CJA Attorneys are bound by the regulations of the Criminal Justice Act set forth in (1) 18
U.S.C. §3006A; (2) the Plan of the United States District Court for the Northern District of
Illinois, available through the Clerk of Court; and (3) Guidelines for the Administration of the
Criminal Justice Act, published by the Administrative Office of the U.S. Courts, also available
through the Clerk of Court. Should these references fail to provide the desired clarification or
direction, counsel should address their inquiry directly to this Court and its staff.
Adopted September 25, 2014
LCR 46.1. Bail Bonds
(a) Who May Approve Bonds. When the amount of bail has been set by the judge or magistrate
judge, a bond, whether secured by the defendant’s own recognizance or by a surety may be
approved by a magistrate judge, the clerk, or one of the officers specified in 18 U.S.C. §3041,
provided that only a judge may admit to bail or otherwise release a person charged with an
offense punishable by death.
(b) Refund of Cash Deposit. Where a defendant’s bond is secured by depositing cash with the
clerk, the cash shall be refunded when the conditions of the bond have been performed and the
defendant has been discharged from all obligations thereon. However, if the sentence includes a
fine or costs, the sentence shall constitute a lien in favor of the United States on the amount
deposited to secure the bond. In such instances the amount deposited can be refunded only by
order of court. No such lien shall attach when someone other than the defendant has deposited the
cash and refund is directed to someone other than the defendant.
At the time the cash deposit is made, the person furnishing the cash (“the depositor”) shall be
given a receipt by the clerk. The depositor shall at the time of the deposit indicate in writing the
name and address of the person to whom the cash is to be refunded. This shall be done on Form
LCR 46.1. The depositor may change the designation of the person to receive the refund by
completing a new form and filing it with a fiscal deputy in the clerk’s office at any time before
the refund is made.
A refund to a person other than the depositor shall be made only pursuant to an order of court.
LCR 46.2. Pretrial Services Agency
The Pretrial Services Agency of this Court (“Agency”) shall perform the following functions:
(1) collect, verify and report promptly to the district or magistrate judge information
pertaining to the pretrial release of each person charged with an offense, including any
drug testing information, and recommend appropriate release conditions;
(2) review and modify the reports and recommendations made in (1) above for persons
seeking release pursuant to 18 U.S.C. §3145;
(3) supervise persons released into its custody;
(4) with the cooperation of the Administrative Office of the United States Courts, and
with the approval of the Attorney General, operate or contract for the operation of
appropriate facilities for the custody or care of persons released under Chapter 207 of
Title 18 of the United States Code, including, but not limited to, residential halfway
houses, drug addiction and alcoholism treatment centers and counseling services;
(5) inform the court of all apparent violations of pretrial release conditions or arrests of
persons released to its custody or under its supervision and recommend appropriate
modifications of release conditions;
(6) serve as coordinator for other local agencies which serve or are eligible to serve as
custodians under Chapter 207 of Title 18 of the United States Code and advise the court
as to the eligibility, availability and capacity of such agencies;
(7) assist persons released on bond in securing any necessary employment, medical,
legal, or social services;
(8) prepare, in cooperation with the United States marshal and the United States attorney,
such pretrial detention reports as are required by the provisions of the Federal Rules of
Criminal Procedure relating to the supervision of detention pending trial; and
(9) perform such other functions as the court may assign from time to time.
LCR 46.3. Notifying Pretrial Services Agency of Arrest and Filing of Case
(a) Arrest or Confinement. The Pretrial Services Agency (“Agency”) shall be notified (1) by the
arresting officer, or (2) by the officer receiving the defendant if the defendant was arrested by
local officers and subsequently turned over to federal officers, as soon as practicable following
the arrest or transfer, of the facts of such arrest or transfer, the name of the defendant, the charge
upon which the defendant has been arrested or transferred, and the place wherein the defendant is
being detained.
(b) Filing of Case. Immediately following the filing of a complaint the magistrate judge shall
cause a copy of it to be forwarded to the Agency. The clerk shall cause a copy of each indictment
or information filed to be forwarded to the Agency immediately following the filing, provided
that if the indictment is suppressed, the clerk shall cause the copy to be forwarded immediately
following the release of the suppression.
LCR 46.4. Confidentiality of Pretrial Services Information and Reports
(a) General. The information obtained in the course of performing pretrial services
functions in relation to an accused shall be used only for the purposes of release
determination and shall otherwise be confidential. Each pretrial services report shall be
made available to the attorney for the accused and the attorney for the Government in
connection with a pretrial release or detention hearing, a pretrial release revocation
proceeding, or any judicial proceeding to modify the conditions of release. The pretrial
services report should not be disclosed to other parties by the attorney for the defendant
or the attorney for the Government. Any copies of the pretrial services report so
disclosed shall be returned to the pretrial services officer at the conclusion of the
hearing.
(b) Prohibition of Disclosure.
(1) Unless authorized by the regulations as established by the Director of the
Administrative Office, or ordered by the judicial officer for good cause shown, a pretrial
services officer shall not disclose pretrial services information. This prohibition on
unauthorized disclosure applies whether such disclosure is sought through the direct
testimony of the pretrial services officer or by means of a subpoena, subpeona duces
tecum, or other form of judicial process.
(2) Notwithstanding any other provision of this Rule, a court order issuing an
arrest warrant for a violation of pretrial release conditions shall suffice as the Court’s
authorization for the pretrial services officer to provide the United States Marshal with
the violation report and any associated records on which the violation report is based.
This information may be used by the Marshal solely for the purpose of executing the
arrest warrant and shall not be further disseminated without a court order.
(c) Definition. The term “pretrial services information” shall include any information,
whether recorded or not, that is obtained or developed by a pretrial services officer in the
course of performing a pretrial services investigation, preparing the pretrial services
report, performing any post-release of post-detention investigation, or supervising a
defendant released pursuant to chapter 207 of Title 18, United States Code. The term
does not include any information appearing in the public records of the court.
(d) Minimization. Any disclosure of pretrial services information permitted under the
provisions of this Rule shall be limited to the minimum information necessary to carry out
the purpose of the disclosure.
Amended November 6, 2019
LCR 47.1. Motions
(a) Notice and Presentation. Except as provided in section (c) of this rule, LR 5.3 and LR 78.1
shall apply to motions filed in criminal cases and proceedings.
(b) Briefing Motions. A contested motion shall be accompanied by a short, concise brief in
support of the motion, together with citations of authority. An original and a copy of the motion
and brief shall be filed. The clerk shall forward the copy to the judge unless otherwise ordered by
the court. The opposing party shall file an answering brief within 14 days of receiving the
supporting brief. The moving party may file a reply brief within 7 days of receipt of the
answering brief.
Failure to file a supporting or answering brief shall not be deemed a waiver of the motion or a
withdrawal of opposition thereto, but the court on its own motion or that of a party may strike or
grant the motion without further hearing. Failure to file reply brief within the requisite time shall
be deemed a waiver of the right to file.
The court may by order excuse the filing of supporting, answering, or reply briefs, and may
shorten or extend the time fixed by this rule filing briefs.
Any party may on notice call the motion or matter to the attention of the court for a decision.
When requested, oral argument may be allowed in the Court’s discretion.
(c) Exceptions. The following motions are not subject to the provisions of section (a) of this rule:
(1) Pretrial motions. Motions filed pursuant to LCR 12.1 are not subject to the
requirements of this rule.
(2) Ex Parte Motions. The original, signed motion shall be presented to the court at the
hearing. Copies of the stipulated motions shall be served on all parties as soon thereafter
as practicable.
Amended October 13, 2004 and November 19, 2009
LCR 50.1. Related Cases: Reassignment of Cases as Related
Two or more criminal cases may be related if all of the defendants named in each of the cases are
the same and none of the cases includes defendants not named in any of the other cases. A case
may be reassigned to the calendar of another judge as related if it is found to be related to another
case and it meets the criteria established by LR 40.4(b) for reassigning civil cases. The
procedures set out in LR 40.4(c) and (d) shall be followed where the reassignment of a criminal
case based on relatedness is sought.
LCR 50.2. Direct Assignments: Criminal
In each of the following instances, the assignment clerk shall assign the case to a judge in the
manner specified:
(1) Criminal Contempt Cases arising out of Grand Jury proceedings. Any criminal
contempt case arising out of grand jury proceedings shall be assigned to the chief judge at
the time of filing. If the chief judge determines that such case should be heard by some
other judge, it will be transferred to the Executive Committee with a recommendation
that it be assigned by lot to some other judge.
(2) Interception of Wire and Oral Communications. All requests for authorization for
interceptions of wire and oral communications or other investigatory matters arising
under Chapter 119 of Title 18 of the U.S. Code shall be brought before the chief judge.
Any civil suppressed cases arising out of such requests shall be assigned directly to the
calendar of the chief judge.
(3) Cases Arising Out of Failure to Appear. Where an information or indictment is filed
in which the principal charge is that the defendant failed to appear in a criminal
proceeding in this Court, the information or indictment shall be assigned directly to the
same calendar as that to which the earlier criminal proceeding is assigned.
(4) Superseding Indictments or Informations. The United States attorney will indicate
on the designation sheet filed with each indictment or information whether or not it
supersedes a pending indictment or information. A superseding indictment or information
will be filed in the same case as the superseded indictment or information. Where it
supersedes more than one indictment or information, it will be filed in the case which was
first assigned to a district judge.
For the purpose of this subsection, an indictment or information supersedes an earlier
filed indictment or information if at least one of the defendants in the later filed
indictment or information is charged with at least one of the charges brought against the
same defendant in an earlier filed indictment or information.
(5) Criminal cases where pre-indictment assignment made. Where a proceeding arising
out of a criminal complaint is required to be heard by a district judge and is assigned by
lot to a district judge prior to the filing of the indictment or information associated with
the complaint, the indictment or information shall be assigned directly to the calendar of
the judge to whom the proceeding was assigned. Where the indictment would have been
assigned using a category different from the one used to assign the criminal complaint,
appropriate equalization will be made.
LCR 50.3. Magistrate Judges: Assignments and Referrals
(a) Misdemeanors. Where a magistrate judge has not previously been designated pursuant to LR
72.1, informations filed or indictments returned in the Eastern Division alleging the commission
of a misdemeanor shall be assigned by lot among the magistrate judges sitting in that division.
Similar informations filed or indictments returned in the Western Division shall be assigned to a
magistrate judge sitting in the division.
(b) Federal Enclave Magistrate Judge. From time to time the executive magistrate judge shall
approve a schedule designating the periods during which each of the magistrate judges sitting in
the Eastern Division will serve as the federal enclave magistrate judge. The federal enclave
magistrate judge will conduct trials of all misdemeanors which arise in federal enclaves.
(c) Designation at Filing. Whenever a criminal case is filed in the Eastern Division and assigned
to the calendar of a district judge, the clerk shall designate a magistrate judge in the manner
provided in LR 72.1. Where an indictment or information arises out of one or more criminal
complaints, the designated magistrate shall be the magistrate to whom the earliest of those
complaints was assigned. Where multiple defendants in a single complaint assigned to a
magistrate judge are subsequently charged in more than one indictment or information arising out
of that complaint, the designated magistrate judge for each such case shall be the magistrate judge
to whom the complaint was assigned.
(d) Referrals. The procedures used to refer a matter in a criminal case to a magistrate judge shall
be the same as those used to refer a civil case pursuant to LR 72.1, provided that where a judge
notifies the clerk in writing that the judge wishes to have criminal cases routinely referred to a
magistrate judge for conducting arraignments and other pretrial matters, such notification shall
act as a referral in lieu of the procedures specified in LR 72.1. The clerk shall promptly notify the
designated magistrate of the filing of any indictment or information assigned to the calendar of a
judge who has filed a notice of routine reference.
(e) Forfeiture of Collateral Hearings. Hearings and other matters relating to violation notices
and forfeiture of collateral proceedings pursuant to LCR 58.1 shall be handled in the Eastern
Division by the magistrate judge designated as federal enclave magistrate judge on the day the
hearings are scheduled and in the Western Division by the magistrate judge sitting in that
division.
(f) Right to Proceed Before District Judge. If a proceeding assigned directly to a magistrate
judge is such that a party to the proceeding has the right to proceed before a district judge and that
party fails to waive that right, then the proceeding shall be reassigned to a district judge pursuant
to LCR 50.4(b) as if it were an appeal from a judgment of a magistrate judge. The magistrate
judge shall notify the clerk in writing of the failure to waive. The clerk will reassign the
proceeding promptly following the receipt of that notice.
Amended March 22, 2019
LCR 50.4. Magistrate Judges: Reviews and Appeals
(a) Duty Magistrate Judge. Where a review is requested of an order entered by the duty
magistrate judge in proceedings directly assigned pursuant to LCR 5.1, the review shall be heard
by the emergency judge. The request for review shall be brought to the attention of the
emergency judge by the party seeking review as soon as practicable following the entry of the
order by the magistrate judge. The party seeking review shall be responsible for notifying the
other parties involved in the proceeding that a review will be requested and for notifying them of
the time the review is noticed before the emergency judge.
(b) CVB and Misdemeanor. Appeals from final judgments entered by a magistrate judge in
violation notice and forfeiture of collateral proceedings and misdemeanor cases shall be assigned
by lot to a judge of this Court. For assignment purposes, such appeals shall be considered as cases
in the magistrate judge class established by the procedures adopted pursuant to LR 40.2. The
assignments of a judge shall be made when the appeal is filed with the clerk pursuant to
Fed.R.Crim.P. 58(g)(2).
LCR 57.1. Attorneys: Filing Appearances
Each attorney representing a defendant in a criminal proceeding shall file an appearance. The
appearance must be filed prior to or simultaneously with the filing of any motion, brief or other
document or at the initial court appearance, whichever occurs first. A copy of the appearance
shall be served on the United States attorney.
The filing of an appearance in a pre-indictment proceeding does not relieve an attorney from
filing an appearance in a subsequent proceeding should an indictment be returned or an
information filed against the defendant. A copy of the appearance in the subsequent proceedings
shall also be served on the United States attorney.
The appearance shall be on the form prescribed by LR 83.16.
LCR 57.2. Release of Information by Courthouse Personnel
All courtroom and courthouse personnel, including, but not limited to, deputy marshals, court
security officers, minute clerks, court reporters, pretrial services officers, probation officers, and
clerical personnel of the offices of the United States marshal, the clerk of court, the probation
department, and pretrial services, shall not disclose to any person, without authorization by the
court, information relating to a pending criminal case that is not part of the public record. In
particular, all such personnel shall not divulge any information concerning arguments and
hearings held in chambers or otherwise outside the presence of the public.
LCR 58.1. Petty Offenses; Central Violations Bureau
(a) Executive Committee. Orders establishing the amount of collateral to be posted by
defendants alleged to have committed petty offenses and those cases in which the collateral may
be accepted in lieu of appearances may be entered by the Executive Committee acting for the
Court.
(b) Collateral In Lieu Of Appearance. Collateral may be posted by a defendant in lieu of
appearance where the charge is one of the petty offenses listed in an order entered pursuant to (a)
of this rule. The collateral shall be in the amount specified in that order. Collateral may not be
posted by a defendant in lieu of appearance either–
(1) where the petty offense involved or contributed to an accident which resulted in
personal injury or damage to property in excess of $100, or
(2) for a subsequent offense not arising out of the same facts or sequence of events which
resulted in the original offense.
(c) Forfeiture of Collateral. Posting collateral pursuant to section (b) of this rule signifies that
the defendant neither contests the charge nor requests a hearing before the designated magistrate
judge. The failure of the defendant to appear shall result in the forfeiture of the amount posted.
Such forfeiture shall be tantamount to a finding of guilty. The clerk shall certify the record of any
conviction of a traffic violation to the proper state authority as required by the applicable state
statute.
(d) Central Violations Bureau (CVB). The clerk shall maintain a central violations bureau
(CVB). All agencies issuing violation notices shall prepare the notices in the form prescribed by
the Director of the Administrative Office of the United States Courts. Agencies shall promptly
submit to the CVB the original and one copy of any violation notice issued or any which the
agency wishes to be voided or dismissed.
(e) Dismissals and Voids. No violation notice may be dismissed or voided except by order of
court. Requests to dismiss or void made by agencies shall be submitted to the CVB. The CVB
shall notify the United States attorney of the request. The United States attorney shall present the
request to the designated magistrate judge at a regular call of violation notices.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Appendix A
STANDING PRETRIAL PROCEDURE ORDER AND FORMS
Replaced June 26, 1985 by what would become LR16.1 Standing Order …
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Appendix B
PROCEDURES FOR VOLUNTARY MEDIATION PROGRAM
FOR LANHAM ACT CASES
The procedures were adopted pursuant to Local Rule 16.3
Deleted as Lanham Act posted and maintained elsewhere on web site.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Appendix C
REGULATIONS PERTAINING TO TRIAL BAR ADMISSION
(The Regulations were promulgated by the District Admissions Committee as interpretive and
procedural guides to the admission rules. The District Admissions Committee was disbanded by
the abrogation of General Rules 3.20, 3.21, 3.22, and 3.23 effective December 19, 1997.
However, the following regulations remain in effect.)
Appendix C Deleted by General Order 16-0028 as information appears elsewhere in trial
bar documents.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
Appendix D
UNITED STATES DISTRICT
COURT NORTHERN DISTRICT
OF ILLINOIS
APPENDIX D
PLAN FOR THE ADMINISTRATION OF
THE DISTRICT COURT FUND
The Plan was initially adopted by the Court on March 16, 1983. It was subsequently amended on
June 20, 1985, January 12, 2001, April 16, 2004, and October 25, 2018.
A. Creation of the Fund; Purpose of Plan
A District Court Fund was created by the General Rules of this court promulgated on
April 13, 1965. Rule 6 A (iii) of those rules required newly admitted attorneys to pay to the
clerk a fee in addition to that established by the Judicial Conference of the United States
pursuant to 28U.S.C.§1914. On July 12, 1982 new practice rules were promulgated including
General Rule 3.02. General Rule 3.02 replaced the earlier General Rule 6 A (iii) and required,
in addition to a portion of the fee for new attorneys, a fee for attorneys admitted to the trial bar
of the court and a fee for attorneys admitted pro hac vice, the receipts from each fee to be
deposited in the District Court Fund. The Local Rules and Internal Operating Procedures were
amended in September 1999. LR 83.36 and LR 83.40, in addition to IOP32, govern the
administration of the District Court Fund. This plan is adopted to provide procedures for the
administration of funds deposited in the District Court Fund.
B. Executive Committee to Advise
The Executive Committee shall advise the court on matters of policy relating to the
administration of the fund.
C. Custodian of the Fund
Pursuant to Internal Operating Procedure 32 the clerk of the court is the custodian of
the District Court Fund. In the event of the death, retirement, or resignation of the clerk, the chief
deputy clerk, or such other person as the chief judge designates, shall become the custodian
until such time as the next clerk assumes office.
D. Duties and Responsibilities of the Custodian
The responsibilities of the custodian are as follows:
(1) to receive, safeguard, deposit, disburse, and account for all funds in accordance
with the law, this plan, and the policies established by the court;
(2) to establish an accounting system for the fund;
(3) to insure that financial statements and operating reports are prepared in a
timely fashion and to sign such statements and reports, thereby certifying that
they accurately present the financial condition of the fund;
(4) to sign checks drawn on the fund, which checks shall be countersigned by
the chief judge or a judge designated by the chief judge;
(5) to invest funds in accordance with the provisions of this plan; and
(6) to perform such other functions as may be required by the court.
E. Responsibilities upon Appointment of a Successor Custodian
When a successor custodian is appointed, the outgoing custodian should prepare and
sign the following statements in conjunction with an exit audit or inspection conducted by
an auditor or disinterested inspector designated by the chief judge:
(1) a statement of assets and liabilities;
(2) a statement of operations or of receipts and disbursements since the end of
the period covered by the last statement of operations and net worth; and
(3) a statement of the balance in any fund accounts as of the date of transfer to
the successor custodian.
The successor custodian will execute a receipt for all funds after being satisfied as
to the accuracy of the statements and records provided by the outgoing custodian.
Acceptance may be conditioned upon an audit and verification where circumstances
warrant.
F. Audits and Inspections
The District Court Fund is subject to audit by the appropriate staff of the
Administrative Office of the United States Courts or their contracted auditors. The chief judge
may appoint an auditor or disinterested inspector (who may be a government employee) to
conduct such audits as the court determines to be necessary. The written results of such audit
or inspection will be provided to members of the advisory committee, each district judge, and,
upon request, any member of the bar of the court.
In the event that the court orders a dissolution of the fund, a terminal audit or
inspection will be performed and a written accounting rendered to the court.
G. Protection of the Fund’s Assets
Except as otherwise provided in this plan, all receipts will be deposited in banks or
savings institutions where accounts are insured by F.D.I.C. or F.S.L.I.C. Where practical
and feasible the custodian shall place any substantial sums into interest bearing accounts,
government securities, or a money market fund invested in government obligations. Such
investment shall be at the direction of the advisory committee. Efforts should be made to
maximize the return on investments consistent with the requirements of convenience and
safety.
Funds held by the custodian must be segregated from all other monies in the custody of
the clerk of the court, including other non-appropriated funds, if any.
H. Limitations on Use of Funds
Monies deposited in the fund must not be used to pay for materials or supplies
available from statutory appropriations. Under no circumstances are such monies to be used
to supplement the salary of any court officer or employee.
I. Uses of the Funds
In general the monies deposited in the fund are to be used for the benefit of the bench
and bar in the administration of justice. Monies deposited in the fund may be used to pay for
any of the following:
(1) the expenses related to attorney admissions
(2) the expenses related to attorney disciplinary proceedings, including the
expenses of investigating counsel, and travel and witness fees in disciplinary
proceedings;
(3) the cost of periodicals and publications purchased for the William J.
Campbell library if appropriated funds are not available;
(4) the expenses associated with creating lawyer lounge facilities;
(5) the expenses incurred by the custodian in performing his/her duties under
the plan including the expense of a surety bond covering monies in the
fund;
(6) the fees for services rendered by outside auditors or inspectors in auditing
or inspecting the records of the fund;
(7) pursuant to the provisions of section J of this plan, the out-of-pocket expenses
of attorneys assigned to represent indigent parties in civil proceedings in this
court;
(8) expenses associated with Court History projects, including the Court History
Museum;
(9) expenses related to public and attorney Wifi costs in the Courthouses;
(10) expenses related to refreshments offered at events hosted by the Court and
members of the bench when members of the bench are invited; and
(11) such other expenses as may from time to time be authorized by the full court
for the use and benefit of the bench and bar in the administration of justice.
J. Out-of-pocket Expenses in Pro Bono Cases
In a civil case where an attorney is assigned to represent an indigent party. reasonable
out-of-pocket expenses not otherwise recoverable may be paid for out of the fund, pursuant to
LR 83.40, and in accordance with regulations adopted by the full Court or the Advisory
Committee. Application to incur the expense or for reimbursement shall be on a form
approved by the Executive Committee and available from the clerk.
Limits on the amounts to be reimbursed from the fund under this section for classes
of expenses have been established in regulations adopted by the full court. Only the expenses
incurred by court assigned counsel and experts on behalf of specific individuals are covered
by this section.
K. Dissolution of the Fund
Should the court decide to dissolve the fund, the custodian will liquidate all
outstanding obligations prior to the dissolution, including making provisions for the payment
of any fees and expenses resulting from the required terminal audit or inspection. The court
will direct the disposition of the assets of the fund in ways which fulfill the purpose of the
fund.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
APPENDIX E
THE DISTRICT COURT FUND
REGULATIONS GOVERNING THE PREPAYMENT AND
REIMBURSEMENT OF EXPENSES IN
PRO BONO CASES
These Regulations were initially promulgated by the Court pursuant to the general order of June
27, 1985. They were amended by the general orders of November 1, 1990 and April 1, 1991. The
Advisory Group added policies used in interpreting the Regulations. The policies were initially
adopted on May 7, 1986 and amended in September 1992, January 12, 2001, January 26, 2016
and January 24, 2019. A copy of the policies is appended to the Regulations.
NOTE: Only counsel assigned by the court pursuant to Local Rule 83.36 are eligible to petition
the court for the prepayment or reimbursement of expenses incurred in the preparation and
presentation of the proceeding, subject to the restrictions of these regulations.
Table of Contents
Regulations Governing the Prepayment & Reimbursement of Expenses of Court Assigned
Counsel in Pro Bono Cases from the District Court Fund ...........................................................120
D.C.F. REG.1 Eligibility for Prepayment or Reimbursement of Expenses ............................ 120
D.C.F. REG.2 Limitations on Eligibility ................................................................................ 120
A. Not Applicable if C.J.A. Funds are Available ................................................................................. 120
B. Limited to Civil Actions Before the District Court ......................................................................... 120
C.Expenses not Covered.................................................................................................................... 120
D. Reimbursement and Prepayment Where Party Awarded or Receives more than $50,000.00 ... 120
D.1.. Prepayments in Excess of the Allowable Limits........................................................................ 121
D.C.F. REG.3 Procedures for Obtaining Prepayments or Reimbursements .......................... 121
A. Request for Authority to Incur Expenses ...................................................................................... 121
B. Request for Prepayment or Reimbursement of Expenses............................................................ 121
C. Requests for Reimbursement by Attorney No Longer Representing Party .................................. 121
D. Request May be Made Ex Parte ................................................................................................... 121
E. Processing by Clerk ....................................................................................................................... 121
F. Amounts Paid From Fund to be Reimbursed From Any Fee Award ............................................. 122
D.C.F. REG.4 Expenses and Costs Covered by Regulations ................................................. 122
A. C.J.A. Limits To Apply In Absence Of Specific Limits ..................................................................... 122
B. Deposition and Transcript Costs ................................................................................................... 123
C. Travel Expenses............................................................................................................................. 123
D. Service of Papers; Witness Fees ................................................................................................... 123
E. Interpreter Services....................................................................................................................... 123
F. Costs of Photocopies, Photographs, Telephone Toll Calls, Telegrams.......................................... 123
G. Experts .......................................................................................................................................... 123
H. Other Expenses ............................................................................................................................. 124
Policies Adopted by the Advisory Committee Regarding the Regulations .................................125
Payment of Expenses Under the Provisions of Section I(12) of the Plan for the
Administration of the District Court Fund .............................................................................. 125
Authority of Custodian to Make Disbursements Under the Provisions of Section I(12) of the
Plan for the Administration of the District Court Fund .......................................................... 125
REGULATIONS GOVERNING THE PREPAYMENT & REIMBURSEMENT OF
EXPENSES OF COURT ASSIGNED COUNSEL IN PRO BONO CASES FROM THE
DISTRICT COURT FUND
D.C.F. REG.1 ELIGIBILITY FOR PREPAYMENT OR REIMBURSEMENT OF
EXPENSES
When a trial bar attorney has been assigned pursuant to LR 83.36, to represent an
indigent party in a civil proceeding before this Court, that attorney shall be allowed to petition
the Court for the prepayment or reimbursement of expense incurred in the preparation and
presentation of the proceeding as set forth in these regulations.
D.C.F. REG.2 LIMITATIONS ON ELIGIBILITY
A. Not Applicable if C.J.A. Funds are Available
In any proceeding where expenses are covered by the Criminal Justice Act (Title 18
U.S.C. §3006A), they shall be paid from such funds in accordance with C.J.A. guidelines and not
from the District Court Fund.
Where two or more parties in the same proceeding represented by counsel assigned
pursuant to Local Rule 83.36, the limits established by this section shall apply to the costs
incurred on behalf of each party.
B. Limited to Civil Actions Before the District Court
Only those expenses associated with the preparation of a civil action in the U.S. District
Court for the Northern District of Illinois shall be approved for reimbursement. No costs
associated with the preparation or presentation of an appeal to the U.S. Court of Appeals or the
U.S. Supreme Court shall be reimbursed from the District Court Fund unless otherwise approved
by the Executive Committee of the District Court upon prior application by the assigned
attorney.
C. Expenses not Covered
General office expenses, including personnel costs, rent, telephone services, secretarial
help, office photocopying equipment, are not reimbursable from the District Court Fund. Any
costs incurred in conducting computer assisted legal research is not reimbursable from the Fund.
The expense of printing briefs, regardless of the printing method utilized, is not reimbursable.
Under no circumstances shall any payments be authorized from the Fund to pay for costs
or fees taxed as part of a judgment obtained by an adverse party against a party for whom
counsel was assigned pursuant to the rules of this Court.
D. Reimbursement and Prepayment Where Party is Awarded or Receives More than
$50,000
Where the amount awarded to or accepted by the party is more than $50,000.00 and no
provision is made to cover the expenses incurred by assigned counsel that would otherwise be
covered by these regulations, prepayments and reimbursements may be authorized within limits
of these regulations, but the total amount to be paid from the Fund shall not exceed of $5,000.00.
D.1. Payments when Litigant Recovers More than $50,000
In any instance where the party for whom counsel was assigned prevails or accepts a
settlement in an amount that exceeds $50,000, recovery of expenses under these regulations,
other than for interpreter fees, is limited to $5,000. If funds have been prepaid, counsel must
promptly notify the Clerk of the Court of the award in excess of $50,000 and remit prepaid
expenses that exceed $5,000.
D.C.F. REG.3 PROCEDURES FOR OBTAINING PREPAYMENTS OR
REIMBURSEMENTS
A. Request for Authority to Incur Expenses
Where approval is required prior to incurring expenses, the request for authority to incur
the expense shall be made by motion submitted to the judge to whom the case is assigned. The
motion shall set forth briefly the reason for the request and the estimated amount of the expense.
The
