Northern District of Illinois Adjournment & Extension Requirements

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Civil cases

The trial date will be continued only if the parties settle or demonstrate extraordinary, unanticipated circumstances constituting good cause.

However, the trial date will not be continued unless the parties have settled the case or demonstrated extraordinary and unanticipated circumstances that constitute good cause.

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Civil cases

A motion requesting a continuance must fully explain the reasons for the request.

The motion shall fully explain the reasons for the requested continuance.

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Either party may move to alter the schedule upon a showing of good cause.

Either party, for good cause shown, may move to alter this schedule should the circumstances so warrant.

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Civil cases

Draft pretrial-order submission deadlines will not be extended unless circumstances beyond counsel’s control justify an extension; a busy schedule does not qualify.

Due dates for the submission of draft pretrial orders will not be extended absent circumstances beyond counsel’s control; a busy schedule is not such a circumstance.

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Civil cases

Parties should notify Judge Bass Ehler’s Courtroom Deputy as soon as possible if they need to reschedule, no longer consider the conference necessary or helpful, or have resolved the case.

If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.

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Civil cases

Discovery cutoff dates generally will not be reset unless good cause is shown.

Discovery cutoff dates generally will not be reset except by good cause shown.

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Civil cases

If parties agree informally to conduct discovery after the cutoff without moving for an extension, disputes raised after the cutoff are presumptively waived.

If the parties informally agree to conduct discovery after the discovery cutoff but do not move for an extension, any discovery disputes raised after the cutoff will be viewed as presumptively waived.

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Civil cases

Counsel are encouraged to raise scheduling issues arising from health or family commitments.

Counsel should not hesitate to raise scheduling issues arising from health or family commitments, as the Court views those issues as important.

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Civil cases

(a) Motion Required. Requests for extension of the deadline for conducting a mediation must be e-filed to the ADR Magistrate Judge, with a paper copy to the the mediator (if selected). (b) Content of Motion. Such motion shall: (1) detail the considerations that support the request; (2) indicate whether the other parties concur in or object to the request; and (3) be accompanied by a proposed order, emailed to the proposed order e-mail, setting forth a new deadline by which the mediation must be held.

Summary: A motion to extend the mediation deadline must detail the supporting considerations, state whether the other parties concur or object, and be accompanied by a proposed order setting a new mediation deadline.

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Civil cases

A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must submit, no fewer than 15 calendar days before the date set for the mediation, an electronically filed motion and supply a copy to the mediator.

Summary: A request to be excused from in-person mediation attendance requires a showing of extraordinary hardship and must be submitted by motion no fewer than 15 calendar days before the mediation, with a copy supplied to the mediator.

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Civil cases

No conference, once scheduled, shall be rescheduled except by court order pursuant to written motion made and noticed not less than 14 days in advance of the conference. The motion shall fully explain the reasons for the requested extension and be supported by an affidavit/declaration justifying the need for the continuance.

Summary: Settlement conferences can only be rescheduled by court order with 14-day advance written motion and supporting affidavit.

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Civil cases

Any written response to, or request for a hearing on, the anticipated motion for preliminary injunction must be received by 10:30 AM on [12 days after entry of TRO.] If no written response or request for a hearing is received by the deadline, the tentative preliminary injunction hearing will be stricken (that is, cancelled), and the court will rule on the papers.

Summary: Written responses/requests for hearing due 12 days after TRO entry; hearing cancelled if none received.

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Civil casesProposed or draft document; may not be in force

Any requests for daily or other expedited transcripts must be made directly to Judge Kness’s court reporter at least 7 days before the start of trial.

Summary: Expedited transcript requests must be made 7 days before trial.

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Civil casesProposed or draft document; may not be in force

The opposing party must serve objections to designations (including a concise basis for the objection, like the Exhibit Chart) and also state the opposing party’s counter-designations (including counter-designations conditioned on an objection being overruled) 14 business days in advance of the pretrial order’s due date.

Summary: Opposing party must serve objections and counter-designations 14 business days before pretrial order due date.

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Criminal cases

Any Pretrial Motions (including any motions under Federal Rules of Criminal Procedure 12(b)(1), (3), or (4); any motion to quash/suppress, dismiss, or sever; any motion for bill of particulars; any motion to admit co-conspirator statements via a Santiago Proffer; any motion for discovery/testing/inspection; any motion for authorization of an expert/investigator, or any other motion for CJA funding in excess of the statutory caps) must be filed by the date ordered by the Court, or if no

Summary: Pretrial motions must be filed by Court-ordered date or specified deadline.

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Civil cases

Unless the Court sets a different schedule, plaintiff's counsel shall deliver copies of plaintiff's settlement letter to defendant's counsel and to Judge Ellis' classroom deputy (Room 1720) at least fourteen (14) business days before the settlement conference, and defendant's counsel shall deliver copies of defendant's settlement letter to plaintiff's counsel and to Judge Ellis' classroom deputy (Room 1720) at least seven (7) business days before the settlement conference.

Summary: Plaintiff's letter due 14 business days before; defendant's letter due 7 business days before settlement conference.

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Criminal cases

The government has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due.

Summary: Government must provide Pretrial Order draft 21 days before due date.

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Criminal cases

Defendant’s counsel must respond in writing to the government’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to the draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony).

Summary: Defendant must respond to Pretrial Order draft 14 days before due date.

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Criminal cases

The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Summary: Parties must meet and confer 7 days before Pretrial Order due date.

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Criminal cases

Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.

Summary: Requests for expedited transcripts must be made at least 7 days before trial.

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Within fourteen (14) days after service of the Initial Non-Infringement and Invalidity Contentions under LPR 2.3, each party claiming patent infringement shall serve upon all parties its "Initial Response to Non-Infringement and Invalidity Contentions."

Summary: Initial response to non-infringement/invalidity contentions due within 14 days.

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In a case initiated by a complaint for declaratory judgment in which a party files a pleading seeking a judgment that a patent is not infringed, is invalid, or is unenforceable, LPR 2.2 and 2.3 shall not apply unless a party makes a claim for patent infringement. If no claim of infringement is made, the party seeking a declaratory judgment must comply with LPR 2.3 and 2.4 within twenty-eight (28) days after the Initial Disclosures.

Summary: Declaratory judgment cases must comply with LPR 2.3/2.4 within 28 days if no infringement claim.

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Not later than 28 days after the due date for Final Infringement Contentions under LPR 3.1:

Summary: Final non-infringement/enforceability validity contentions due within 28 days of final infringement contentions.

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within twenty-eight (28) days after the claim construction ruling or the close of discovery after the claim construction ruling, whichever is later, each party shall make its initial expert witness disclosures required by Federal Rule of Civil Procedure 26 on issues for which it bears the burden of proof;

Summary: Initial expert disclosures due 28 days after claim construction ruling or close of discovery.

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within twenty eight (28) days after the date for initial expert reports, each party shall make its rebuttal expert witness disclosures required by Federal Rule of Civil Procedure 26 on the issues for which the opposing party bears the burden of proof.

Summary: Rebuttal expert disclosures due 28 days after initial expert reports.

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Depositions of expert witnesses shall be completed within twenty-eight (28) days after exchange of expert rebuttal disclosures.

Summary: Expert depositions must be completed within 28 days after rebuttal disclosures.

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Civil cases

Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial.

Summary: Requests for expedited transcripts must be made at least 7 days before trial.

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Civil cases

Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition or other prior testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Summary: Pretrial Order drafting schedule: plaintiff draft 21 days before due, defendant response 14 days before due, meet-and-confer 7 days before due.

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Civil cases

The Court will set a date for the final pretrial conference at least three weeks before trial.

Summary: Final pretrial conference scheduled at least 3 weeks before trial.

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Civil cases

Contact the Systems Department within the Clerk’s Office at least two weeks before trial if you need assistance with understanding how to operate the courtroom display technology equipment.

Summary: Contact Systems Department at least 2 weeks before trial for technology assistance.

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Civil cases

The Court must insist on strict compliance with the settlement conference and mediation statement exchange schedule, as this schedule has been set with the needs of other litigants and the Court's limited resources in mind. Once the Parties commit to a schedule, that schedule will become part of a Court order, and relief from that order – including amending the mediation statement due dates or postponing the conference itself – must come through a request and an order from the Court. If such changes (or even withdrawal from a settlement conference) should become necessary as a result of exigent circumstances, the Parties should contact the Court promptly about rescheduling the conference.

Summary: The parties must comply with the settlement-conference and mediation-statement schedule; changes or withdrawal require a request and court order, and exigent circumstances should be raised promptly with the Court.

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Criminal cases

Each side shall provide the other with proposed voir dire questions five business days before the due date of the Joint Pretrial Statement and shall confer by two business days before the due date in order to generate this section of the Statement.

Summary: Exchange voir dire questions 5 business days before due date; confer 2 business days before.

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Criminal cases

No later than five business days before the pretrial conference, the parties must serve on each other proposed stipulations. No later than two business days before the pretrial conference, the parties must serve on each other their responses to the proposed stipulations.

Summary: Serve proposed stipulations 5 business days before pretrial conference; responses due 2 business days before.

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Criminal cases

Because of the need to work together to create the charts (because of the objection column), the parties must exchange their respective proposed exhibit charts 10 business days before the deadline for filing the charts, and the objecting side must return the chart with the objection column filled in five business days before the deadline.

Summary: Exchange exhibit charts 10 business days before deadline; return with objections 5 business days before.

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Civil cases

Absent exigent circumstances, no conference shall be rescheduled except by court order pursuant to a written motion electronically filed and emailed to the Courtroom Deputy not less than 10 days in advance of the conference.

Summary: Unless exigent circumstances exist, a settlement conference may be rescheduled only by court order on a written motion that is electronically filed and emailed to the Courtroom Deputy at least 10 days beforehand.

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Civil cases

Absent exigent circumstances, no conference shall be rescheduled except by court order pursuant to a written motion electronically filed and emailed to the Courtroom Deputy not less than 10 days in advance of the conference. The motion shall fully explain the reasons for the requested continuance.

Summary: Settlement conference rescheduling requires written motion filed 10 days in advance with full explanation.

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Civil cases

Plaintiff’s counsel has the responsibility to prepare the initial draft of the Pretrial Order and must provide a draft to defendant’s counsel no later than twenty-one (21) days before the date the Pretrial Order is due. Defendant’s counsel must respond in writing to plaintiff’s draft by no later than fourteen (14) days before the Pretrial Order is due, including any objections, changes, and additions to plaintiff’s draft, as well as defendant’s portions of the draft Pretrial Order (e.g., defendant’s witness list, exhibit list, and objections to exhibits and deposition testimony listed by plaintiff). The parties must meet and confer by no later than seven (7) days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Summary: Pretrial Order drafting timeline: 21 days (plaintiff draft), 14 days (defendant response), 7 days (meet-and-confer).

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Civil cases

If the parties must reschedule, have concluded that a settlement conference is not necessary or helpful at this time, or have otherwise resolved the case, they should inform Judge Bass Ehler’s Courtroom Deputy as soon as possible.

Summary: Parties rescheduling a settlement conference must inform the Courtroom Deputy as soon as possible.

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Unless the Court affirmatively sets a different schedule, any Daubert motions are to be filed no later than sixty (60) days prior to trial.

Summary: Daubert motions must be filed 60 days before trial unless court sets different schedule.

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Unless the Court affirmatively sets a different schedule, motions in limine shall be filed no later than twenty-one (21) days before trial and responses no later than fourteen (14) days before trial.

Summary: Motions in limine must be filed 21 days before trial; responses due 14 days before trial.

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Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial so that an appropriate court reporter can be assigned to the trial.

Summary: Requests for expedited transcripts must be made 7 days before trial.

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Civil cases

The Court will set a date for the final pretrial conference at least three weeks before trial.

Summary: Final pretrial conference must be scheduled at least 3 weeks before trial.

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Civil cases

Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven days prior to trial so that an appropriate court reporter can be assigned to the trial.

Summary: Requests for expedited transcripts or real-time reporting must be made at least 7 days before trial.

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Civil cases

The parties must meet and confer by no later than seven days before the Pretrial Order is due to discuss their respective drafts and to reach agreement to the extent possible.

Summary: Parties must meet and confer 7 days before Pretrial Order due date.

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The Court sets aside a significant block of time for each settlement conference. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship.

Summary: No continuances for settlement conferences without motion showing extreme hardship.

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Criminal cases

(xi) Do not ask for a recess before cross-examination. If the direct examination should end at about the time the court would recess anyway, e.g., lunch time, a recess will be taken. Otherwise, be prepared to commence cross-examination immediately upon conclusion of the direct.

Summary: No recess requests before cross-examination; proceed immediately unless natural recess timing.

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Civil cases

Telephonic requests to reschedule a settlement conference will not be entertained in the absence of exigent circumstances.

Summary: Telephonic rescheduling requests for settlement conferences are not allowed except in exigent circumstances.

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Civil cases

Due dates for the submission of draft pretrial orders will not be extended absent circumstances beyond counsel’s control; a busy schedule is not such a circumstance.

Summary: Pretrial order due dates will not be extended for busy schedules.

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Civil cases

If a conference must be adjourned or continued so that a party may obtain additional authority up to the plaintiff’s demand, that party may be sanctioned, including, but not limited to, being required to pay the opposing party’s attorney’s fees incurred by the need to reconvene.

Summary: Parties lacking full settlement authority may face sanctions including attorney's fees.

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Civil cases

Counsel are cautioned that failure to attend a settlement conference without authorization may result in the imposition of monetary sanctions against them.

Summary: Failure to attend settlement conference without authorization may result in monetary sanctions.

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Civil cases

Any requests for daily or other expedited transcripts and real-time reporting must be made at least seven (7) days prior to trial so that an appropriate court reporter can be assigned to the trial.

Summary: Expedited transcript requests must be made at least 7 days before trial.

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Civil cases

A party who believes it has good cause for the Court to alter these rules should raise that issue by motion.

Summary: Parties may seek exceptions to attendance rules by filing a motion.

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This Rule does not preclude a party from moving for summary judgment at an earlier stage of the case if circumstances warrant. It is up to the trial judge to determine whether to consider an "early" summary judgment motion.

Summary: Early summary judgment motions permitted at judge's discretion.