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Table of Contents
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List of Forms by Chapter - Chapter 1 — Subject-Matter Jurisdiction of Federal District Courts
- I. [1.1] Scope of Chapter
-
II. Federal Jurisdiction Generally - III. [1.9] Federal Question Jurisdiction
- Requirements for Federal Question Jurisdiction Under 28 U.S.C. §1331
- [1.10] “Arising Under”
- [1.11] Constitution, Laws, or Treaties of the United States
- [1.12] Well-Pleaded Complaint Rule
- [1.13] Substantiality of the Federal Question
- [1.14] Amount in Controversy
- [1.15] Specific Statutory Grants of Jurisdiction
- [1.16] Banking Associations; Corporations
- [1.17] Patents, Copyrights, and Trademarks
- [1.18] Internal Revenue; Customs Duties
- [1.19] Civil Rights Actions
- [1.20] Sample Forms of Allegations of Jurisdiction in Federal Question Cases
- General Federal Question Jurisdiction
- [1.21] Constitution
- [1.22] Law of the United States
- [1.23] Treaty
- [1.24] Federal Question Jurisdiction Founded on a Particular Statute
- IV. [1.25] Diversity Jurisdiction
- [1.26] General Requirements for Diversity Jurisdiction
- [1.27] Parties
- [1.28] Citizenship of Natural Persons
- [1.29] Alienage
- [1.30] Citizenship of State and Local Governmental Bodies
- [1.31] Citizenship of Corporations
- [1.32] Determination of Corporations’ Principal Place of Business
- [1.33] Principal Place of Business of Corporations Incorporated in More than One State
- [1.34] Citizenship of Federal Corporations
- [1.35] Citizenship of Alien Corporations
- [1.36] Citizenship of Unincorporated Associations
- [1.37] Special Rules To Determine Diversity
- [1.38] Realignment of Parties
- [1.39] Shareholder Derivative Actions
- [1.40] Indispensable Parties
- [1.41] Non-Indispensable Parties
- [1.42] Interpleader Actions
- [1.43] Amount in Controversy
- [1.44] Aggregation of Claims — Single Plaintiff
- [1.45] Aggregation of Claims — Multiple Plaintiffs
- [1.46] Shareholder Derivative Actions
- [1.47] Class Actions
- [1.48] Counterclaims
- [1.49] Cross-Claims
- [1.50] Third-Party Claims
- [1.51] Limits on Diversity Jurisdiction
- [1.52] Domestic Relations
- [1.53] Probate Matters
- [1.54] Devices To Create Diversity
- [1.55] Change of State Citizenship
- [1.56] Assignment
- [1.57] Appointment of Representatives
- [1.58] Devices To Destroy Diversity
- [1.59] Sample Forms of Allegations of Jurisdiction in Diversity Cases
- [1.60] Natural Persons
- [1.61] Natural Persons — Multiple Plaintiffs or Defendants
- [1.62] Corporations
- [1.63] Partnerships
- V. [1.64] Ancillary and Pendent Jurisdiction
- VI. [1.69] Removal Jurisdiction
- Types of Cases in Which Removal Is Available
- [1.70] Federal Question
- [1.71] Diversity
- [1.72] Separate and Independent Claims or Causes of Action
- [1.73] Federal Officers
- [1.74] Civil Rights
- [1.75] Miscellaneous
- [1.76] Types of Cases in Which Removal Is Unavailable
- [1.77] Procedure for Removal
- [1.78] Who May Remove
- [1.79] Time Limitations
- [1.80] Notice of Removal
- [1.81] Sample Form of Notice of Removal Based on Federal Question Jurisdiction
- [1.82] Sample Form of Notice of Removal Based on Diversity Jurisdiction
- [1.83] Bond
- [1.84] Notice
- [1.85] When Removal Is Effected
- [1.86] Post-Removal Procedure
- [1.87] Remand
- [1.88] Sample Form of Motion To Remand on Ground of Lack of Federal Question
- [1.89] Appeal of Remand Orders
- VII. United States as a Party
- Chapter 2 — Jurisdiction of Courts Other than District Courts
- I. [2.1] Scope of Chapter
- II. Supreme Court of the United States
- [2.2] In General
- [2.3] Original Jurisdiction
- [2.4] Cases Affecting Ambassadors, Other Public Ministers, and Consuls
- [2.5] Cases in Which State Shall Be Party
- [2.6] Procedure in Original Actions
- [2.7] Appellate Jurisdiction
- [2.8] Review of Courts of Appeals
- [2.9] Review of Three-Judge District Courts
- [2.10] Other Review of District Courts
- [2.11] Jurisdiction over Military Appeals
- [2.12] Review of State Courts
- [2.13] Extraordinary Writs
- III. Courts of Appeals
- [2.14] In General
- [2.15] United States Court of Appeals for the Federal Circuit
- [2.16] Final Decisions of District Courts
- [2.17] Interlocutory Decisions of District Courts
- [2.18] Interlocutory Orders Regarding Injunctions
- [2.19] Interlocutory Orders Affecting Receivers
- [2.20] Interlocutory Decrees in Admiralty
- [2.21] Controlling Questions of Law
- [2.22] Interlocutory Appeals to the United States Court of Appeals for the Federal Circuit
- [2.23] Remandment Orders in Civil Rights Cases
- [2.24] “Collateral-Order” Exception to Finality
- [2.25] Judgments, Orders, or Decrees in Bankruptcy
- [2.26] Decisions of United States Tax Court
- [2.27] Review or Enforcement of Orders of Administrative Agencies
- [2.28] Intervention
- [2.29] Concurrent Appeals
- [2.30] On Remand
- [2.31] Extraordinary Writs
- [2.32] Certification of Questions to Supreme Court
- IV. United States Court of Federal Claims
- [2.33] In General
- [2.34] Original Jurisdiction
- [2.35] Claims Against the United States
- [2.36] Congressional Reference Cases
- [2.37] References from Comptroller General
- [2.38] Accounts of Officers, Agents, or Contractors
- [2.39] Damages for Unjust Conviction
- [2.40] Disbursing Officers’ Claims
- [2.41] Oyster Growers’ Damages
- [2.42] Patent, Copyright, and Plant Variety Cases
- [2.43] Contractors’ Damages
- [2.44] Native American Claims
- [2.45] Extraordinary Writs
- [2.46] Calls and Discovery
- V. United States Court of International Trade
- VI. United States Tax Court
- VII. [2.53] United States Bankruptcy Courts
- VIII. Alien Terrorist Removal Court
- IX [2.56] Immigration Courts
- Chapter 3 — Personal Jurisdiction
- I. Introduction
- [3.1] Scope of Chapter
- [3.2] Personal Jurisdiction, Subject-Matter Jurisdiction, and Venue
- [3.3] Special Problems with Personal Jurisdiction in Federal Courts: Some Differences Between Federal and State Practices
- [3.4] Forms of Personal Jurisdiction: In Personam and In Rem Proceedings
- [3.5] Requisites of Personal Jurisdiction: Constitutional and Nonconstitutional Law
- II. Circumstances Permitting Personal Jurisdiction
- III. Manner of Delivering Notice
- [3.14] In General
- [3.15] Service on Competent Individual
- [3.16] Service on Corporation, Partnership, or Unincorporated Association
- [3.17] Service on Infant or Incompetent Person
- [3.18] Service on United States and Its Officers and Agencies
- [3.19] Service on State and Local Governments
- [3.20] Service in Foreign Country
- [3.21] Time Limits on Service
- [3.22] Effects of Immunity and Fraud or Force
- Chapter 4 — Parties
- I. [4.1] Scope of Chapter
- II. Selection of Parties to the Action
- Capacity To Sue or Be Sued
- [4.2] Individuals
- [4.3] Representatives
- [4.4] Minors and Incompetents
- [4.5] Corporations
- [4.6] Partnerships and Unincorporated Associations
- [4.7] Violation of Capacity Requirement
- Real Party in Interest
- [4.8] In General
- [4.9] Representative Parties
- [4.10] Assignees
- [4.11] Subrogees
- [4.12] Corporations
- [4.13] Violation of Real-Party-in-Interest Requirement
- [4.14] Multiple Parties and Claims — Overview of Fed.R.Civ.P. 18 – 21
- Indispensable and Necessary Parties (Fed.R.Civ.P. 19)
- [4.15] Joinder (Fed.R.Civ.P. 19(a))
- [4.16] Dismissal (Fed.R.Civ.P. 19(b))
- [4.17] Raising Issue of Indispensability
- [4.18] Permissive Joinder (Fed.R.Civ.P. 20)
- [4.19] Misjoinder (Fed.R.Civ.P. 21)
- Joinder of Claims (Fed.R.Civ.P. 18)
- [4.20] In General
- [4.21] Supplemental Jurisdiction
- [4.22] Same case or controversy
- [4.23] In diversity cases — for plaintiffs
- [4.24] In diversity cases — for defendants
- [4.25] In federal question cases
- [4.26] Discretionary nature
- [4.27] Statute of limitations
- [4.28] Contingent Claims
- [4.29] Comparison with State Practice
- III. Identity and Number of Defendants
- IV. Additional Procedures for Initiating Claims or Asserting Defenses in New or Existing Actions
- Interpleader
- [4.32] In General
- [4.33] Fed.R.Civ.P. 22 Interpleader
- [4.34] Statutory Interpleader
- [4.35] Differences Between Proceedings Under Fed.R.Civ.P. 22 and Statutory Interpleader
- [4.36] Comparison with State Practice
- Intervention
- [4.37] In General
- [4.38] Intervention of Right Under Fed.R.Civ.P. 24(a)(2) — Prerequisites
- Permissive Intervention
- [4.39] In General
- [4.40] Jurisdictional Implications
- V. Substitution of Parties
- Chapter 5 — Venue in Federal Civil Cases
- I. Introduction
- II. Proper Venue
- [5.5] Venue Generally
- [5.6] General Venue Statute
- [5.7] Residence
- [5.8] Determining the Residence of Individuals and Lawfully Admitted Aliens
- [5.9] Determining the Residence of Corporations
- [5.10] Minimum Contacts, Specific Jurisdiction, and General Jurisdiction
- [5.11] Long-Arm Statutes
- [5.12] Unincorporated Associations, Partnerships, and Limited Liability Companies
- [5.13] Substantial Part of the Events or Omissions Giving Rise to the Claim
- [5.14] Contract
- [5.15] Tort
- [5.16] Venue If There Is No District in Which the Action Otherwise May Be Brought
- [5.17] Pendent and Ancillary Proceedings
- III. Venue Issues in Certain Types of Cases
- [5.18] Patent Infringement Cases
- [5.19] Racketeer Influenced and Corrupt Organizations Act Claims
- [5.20] Suits Against the United States
- [5.21] Suits Against Federal Officers or Agencies
- [5.22] Tax Refund Suits
- [5.23] Suits on Insurance
- [5.24] Admiralty Cases
- [5.25] Water Pollution
- [5.26] Suits Under the Freedom of Information Act
- [5.27] Suits Brought by the Federal Government
- Contractual Venue
- [5.28] Generally
- [5.29] Forum-Selection Clauses — Presumption of Validity
- [5.30] Overcoming the Presumption
- [5.31] Fraud, Overreaching, or Undue Influence
- [5.32] Inconvenience
- [5.33] Public Policy
- [5.34] Choice of Law
- [5.35] In Rem and Local Actions
- [5.36] Special Venue Table
- IV. Venue Practice
- Raising Venue as an Issue
- [5.37] Generally
- [5.38] When Venue in a District Is Improper
- [5.39] When Venue in a District Is Proper but Inconvenient
- [5.40] Pleading Venue
- [5.41] Waiver of Venue Objections
- Transfer or Dismissal for Improper Venue
- [5.42] Generally
- [5.43] Transfer vs. Dismissal Under 28 U.S.C. §1406
- [5.44] Severance of Parties and Claims
- Transfer for Convenience
- [5.45] Generally
- [5.46] Purpose of 28 U.S.C. §1404
- [5.47] 28 U.S.C. §1404 Distinguished from the Forum Non Conveniens Doctrine
- Transfer vs. Dismissal Under 28 U.S.C. §1404
- [5.48] Dismissal
- [5.49] Transfer
- [5.50] Burden of Proof
- Factors To Be Considered
- [5.51] Generally
- [5.52] Plaintiff’s Choice of Forum
- [5.53] Convenience or Availability of Counsel
- [5.54] Convenience of Parties
- [5.55] Convenience of Witnesses
- [5.56] Interests of Justice
- [5.57] Multi-Forum Actions — The “First-To-File” Doctrine
- [5.58] Preliminary Hearing and Determination
- Review of Venue Determination
- Appellate Review of 28 U.S.C. §1404 Transfers
- [5.59] Generally
- [5.60] Review by Writ of Mandamus
- [5.61] Review on Interlocutory Appeal
- Review of 28 U.S.C. §1406 Transfers
- [5.62] Generally
- [5.63] Jurisdictional Issues
- Law To Be Applied
- [5.64] Choice of Law and the Motion To Transfer or Dismiss
- [5.65] Choice of Law After Transfer
- [5.66] Illinois Judicial Districts
- V. [5.67] Appendix — Sample Motion To Transfer
- Chapter 6 — Pleading Under the Federal Rules of Civil Procedure
- I. Introduction
- II. Comparison Between State and Federal Pleading Requirements
- [6.5] Rules of Pleading in Federal Practice
- [6.6] General Inapplicability of State Rules in Federal Litigation
- [6.7] Reference Sources
- Basic Differences Between Federal and State Pleading Rules
- [6.8] “Notice” Pleading
- [6.9] Last Permitted Pleading
- [6.10] Prayer for Damages
- [6.11] Claims or Defenses Based on Written Documents
- [6.12] Abolition of Verification Rule
- [6.13] Motions To Strike
- III. Complaint Under Federal Rules of Civil Procedure
- IV. The Answer
- V. Motions Directed to Pleadings
- [6.21] General Observations
- [6.22] General Mechanics of Motion Practice in the Northern District
- [6.23] Notice of Motions and Objections (Nonemergency Matters)
- [6.24] Filing Pursuant to Local Rule
- [6.25] Time
- [6.26] Form of Documents To Be Filed
- [6.27] Briefs
- [6.28] Motion To Dismiss Complaint
- [6.29] Motion for More Definite Statement
- [6.30] Motion To Strike
- Motions for Judgment Before Trial
- [6.31] Motion for Judgment on Pleadings
- [6.32] Motion for Summary Judgment
- [6.33] Local Rules Governing Summary Judgment Motions
- [6.34] Assignment to Magistrate Judge
- [6.35] Motions for Attorneys’ Fees Under Fed.R.Civ.P. 11 and 28 U.S.C. §1927
- VI. [6.36] Counterclaims
- VII. [6.37] Cross-Claims
- VIII. [6.38] Third-Party Practice (Impleader)
- IX. Amendments to Pleadings
- X. Time Requirements
- XI. [6.45] Forms
- Chapter 7 — Motion Practice
- I. [7.1] Scope of Chapter
- II. Practice with Respect to All Motions
- [7.2] Applicable Federal Rules
- [7.3] Applicable Local Rules
- [7.4] Requirements as to Form
- [7.5] Filing Supporting Briefs
- [7.6] Briefing Schedules
- [7.7] Length of Memorandums in Support of Motions
- [7.8] Supporting Affidavits and Evidence
- [7.9] Notices of Motions
- [7.10] Serving and Filing Motions
- [7.11] Oral Arguments on Motions
- [7.12] United States Magistrate Judges
- [7.13] Review of Magistrate Judges’ Rulings on Nondispositive Matters
- [7.14] Review of Magistrate Judges’ Rulings on Dispositive Matters
- Suggested Forms
- [7.15] Form for Combined Notice and Motion
- [7.16] Form for Supporting Affidavit
- [7.17] Form for Opposition to Motion
- [7.18] Form for Statement of Non-Opposition to Motion
- [7.19] Form for Proposed Order Granting or Denying Motion
- [7.20] Electronic Filing
- [7.21] Electronic Filing in the Northern District
- [7.22] Electronic Filing in the Central District
- [7.23] Electronic Filing in the Southern District
- III. Motions Directed to the Pleadings
- IV. Motions for Judgment on the Pleadings and Summary Judgment
- V. Miscellaneous
- Chapter 8 — Discovery
- I. Procedures Prior to Beginning Formal Discovery
- II. Scope of Discovery
- [8.5] Standard of Discoverability
- [8.6] Certification That Discovery Is Proper
- Material Protected from Discovery Altogether
- [8.7] Irrelevant Material
- [8.8] Privileged Material
- [8.9] Attorney-Client Privilege
- [8.10] Accountant and Taxpayer Privilege
- [8.11] Other Privileges
- [8.12] Asserting and Challenging the Privilege
- [8.13] Exception to Privilege Between Insurer and Insured
- [8.14] Material Subject to Limited Protection
- [8.15] Sensitive or Confidential Material
- [8.16] Material Difficult or Expensive To Gather
- [8.17] Materials That May Be Discovered by a Showing of Substantial Need — Work Product
- [8.18] Work-Product Exceptions: Statements and Materials of Experts
- [8.19] Experts Who Will Testify at Trial
- [8.20] Experts Who Will Not Testify at Trial
- [8.21] Parties’ and Witnesses’ Statements
- III. Sequence of Discovery — Timing and General Strategy Considerations
- IV. [8.27] Interrogatories
- [8.28] Why and When To Use Interrogatories
- [8.29] Scope and Number of Interrogatories
- [8.30] Filing of Interrogatories, Responses, and Other Discovery
- [8.31] Responding to Interrogatories
- [8.32] Duty of Responding Party
- [8.33] Objections
- [8.34] Option To Produce Business Records
- [8.35] Use of Interrogatories at Trial
- [8.36] Sample Forms
- [8.37] Definitions for Interrogatories
- [8.38] Interrogatory — Communications
- [8.39] Interrogatory — Documents
- [8.40] Interrogatory — Witnesses
- [8.41] Interrogatory — Subparagraphs
- [8.42] Objection to Interrogatory
- [8.43] Answer to Interrogatory
- V. [8.44] Requests To Produce Documents, Electronically Stored Information, and Tangibles and Requests for Entry on Land
- [8.45] Duty of Requesting Party
- Duty of Responding Party
- [8.46] Written Responses
- [8.47] Actual Production
- [8.48] Inspection and Sampling of Tangibles and Land
- Sample Forms
- [8.49] Prefatory Language for Request To Produce
- [8.50] Definitions for Requests To Produce
- [8.51] Requests
- [8.52] Response
- [8.53] Objection
- VI. [8.54] Depositions
- [8.55] When and Whose Depositions Should Be Taken
- [8.56] Procedures: Notice of Deposition and Subpoena of Nonparties — Requirements, Time, Place, Witness, and Method
- [8.57] Form and Issuance of Notices and Subpoenas
- [8.58] Time
- [8.59] Place
- [8.60] Persons To Be Deposed
- [8.61] Method of Conducting Deposition
- [8.62] Stenographic Reporting by Court Reporter
- [8.63] Innovative Techniques
- [8.64] Depositions without a court reporter
- [8.65] Electronic depositions
- [8.66] Telephone depositions
- [8.67] Document Production in Connection with Depositions
- Conduct of the Deposition
- [8.68] Beginning the Deposition
- [8.69] Objections
- [8.70] Questions calling for privileged information
- [8.71] Questions calling for wholly irrelevant material
- [8.72] Motion To Terminate or Limit Examination
- [8.73] Concluding the Deposition — Transcription
- Procedure After Transcription
- [8.74] Changing and Signing the Transcript
- [8.75] Certifying and Delivering the Transcript
- [8.76] Failure To Attend or To Serve Subpoenas
- [8.77] Depositions on Written Questions
- [8.78] Uses of Depositions
- [8.79] Impeachment
- [8.80] Admissions
- [8.81] Unavailability of Deponent
- [8.82] Use of Only a Portion of Deposition
- [8.83] Substitution of Parties
- [8.84] Objection to Admissibility
- [8.85] Sample Form of Notice of Deposition
- VII. [8.86] Physical and Mental Examinations
- [8.87] Standard for Compelling Examination
- [8.88] The Examiner
- [8.89] Time, Place, and Type of Examination
- [8.90] Exchange of Examiner’s Report
- [8.91] Waiver of Privilege on Obtaining Report
- [8.92] Relation of Federal Rule of Civil Procedure 35 to Other Discovery Devices
- [8.93] Sanctions
- Sample Forms
- [8.94] Motion for Order Compelling Physical and/or Mental Examination
- [8.95] Order Compelling Physical and/or Mental Examination
- VIII. [8.96] Requests for Admission
- [8.97] Filing Requests
- [8.98] Time
- [8.99] Purposes of Requests for Admission
- [8.100] Scope of Requests
- [8.101] Form of Requests
- [8.102] Responding to Requests for Admission
- [8.103] Failure To Respond Will Constitute Admission
- [8.104] Objections
- [8.105] Answers
- [8.106] Enforcement Procedures
- [8.107] Effect of Admission
- [8.108] Withdrawing an Admission
- [8.109] Use of Admission in Another Proceeding
- [8.110] Definitions for Requests for Admission
- [8.111] Sample Form of Request for Admission of Facts and Genuineness of Documents
- [8.112] Sample Form of Answer to Request for Admission of Facts and Genuineness of Documents
- IX. [8.113] Supplementing Discovery Responses
- X. [8.114] Enforcement of Orders and Sanctions
- [8.115] Appropriate Court
- Enforcement Orders and Sanctions
- [8.116] Enforcement
- [8.117] Sanctions
- [8.118] Expenses for Failure To Admit
- [8.119] Participation in Framing a Discovery Plan
- [8.120] Appealability of Discovery Orders
- Sample Forms
- [8.121] In General
- [8.122] Certification of Compliance with Requirement To Resolve Discovery Dispute
- XI. [8.123] Electronic Discovery in Illinois Federal Courts
- XII. [8.124] Electronically Stored Information
- Chapter 9 — Pretrial Procedures and Pretrial Conferences
- I. Scope of Chapter
- II. Introduction
- III. Pretrial Procedures
- [9.9] Time for Holding the Pretrial Conference
- [9.10] Place for Holding the Pretrial Conference
- [9.11] Pretrial Conference Attendees
- [9.12] Subjects for Consideration at the Pretrial Conference
- Pretrial Order
- [9.13] Preparing the Pretrial Order
- [9.14] Contents of the Pretrial Order
- [9.15] Nature of the Action and Jurisdiction
- Stipulations and Statements
- [9.16] Uncontested facts
- [9.17] Contested issues of fact and law
- [9.18] List of exhibits
- [9.19] List of witnesses
- [9.20] Depositions
- [9.21] Damages; itemized statement of special damages
- Miscellaneous
- [9.22] Waivers of claims or defenses
- [9.23] Trial briefs
- [9.24] Jury trials
- [9.25] Nonjury trials
- [9.26] Use of the Pretrial Order
- [9.27] Amendment or Modification of the Pretrial Order
- IV. [9.28] Appendix — Library References
- Chapter 10 — Practicing Before United States Magistrate Judges
- I. Scope of the Chapter: The History and Role of United States Magistrate Judges in the Federal Judicial System
- II. Jurisdiction of Magistrate Judges
- [10.4] Jurisdiction in Consent Civil Cases
- Specific Issues
- [10.5] Trials
- [10.6] The Need for Express Consent by the Client
- [10.7] Expression of Consent on the Record and Implied Consent
- [10.8] The Requirement of Unanimity
- [10.9] The Scope of Consent to Jurisdiction: Unconditional and Limited Consents
- [10.10] The Right To Withdraw an Unconditional Consent
- [10.11] Vacating a Referral After the Parties Have Consented: Who Decides?
- [10.12] Advantages of Consenting to the Jurisdiction of a Magistrate Judge
- [10.13] Jury-Related Activities Under the “Additional Duties” Clause of 28 U.S.C. §636(b)(3)
- III. [10.14] The Limited Scope of Magistrate Judge Authority in Nonconsent Civil Cases
- [10.15] Examples of Nondispositive Pretrial Matters
- [10.16] Fee Awards Under Fed.R.Civ.P. 37(a)(4) for Noncompliance with Discovery Obligations
- [10.17] Dispositive Pretrial Matters
- [10.18] Habeas Corpus Petitions
- [10.19] Prisoner Civil Rights Actions
- Special Master Assignments
- [10.20] Assignments in Exceptional Circumstances
- [10.21] Assignments from the Court of Appeals
- [10.22] The Limited Scope of 28 U.S.C. §636(b)(3)
- Post-Liability Proceedings
- [10.23] Postjudgment Proceedings
- [10.24] Ascertaining Damages, Costs, and Distribution of Class Action Awards
- [10.25] Review of Administrative Proceedings
- [10.26] Motions To Set Aside Judgment
- Limitations on Magistrate Judge Jurisdiction
- [10.27] Contempt Powers and Proceedings
- [10.28] Contempt Authority
- [10.29] Summary Contempt Authority
- [10.30] Contempt Authority in Civil Consent and Misdemeanor Cases in Which Defendant Does Not Opt for Trial by District Judge
- [10.31] Additional Contempt Authority in Civil Consent and Misdemeanor Cases
- [10.32] Certification of Facts
- [10.33] Criminal Contempt Penalties
- [10.34] Certification of Other Contempts to the District Judge
- [10.35] Case-Dispositive Motions and Matters
- IV. [10.36] Procedural Rules Governing Magistrate Judges
- [10.37] The Referral from the District Judge
- [10.38] Appearances Before the Magistrate Judge
- [10.39] The Requirement of Prompt Determination of Referred Matters
- [10.40] The Record of Proceedings
- Written Disposition by the Magistrate Judge
- [10.41] Nondispositive Matters
- [10.42] Dispositive Matters
- [10.43] Special Master Assignments
- [10.44] Notice of Right To Consent
- [10.45] Review by the District Judge of Objections to Decisions by the Magistrate Judge
- [10.46] Review of Rulings on Nondispositive Matters Pursuant to Fed.R.Civ.P. 72(a)
- [10.47] The Clearly Erroneous or Contrary to Law Standard
- [10.48] The Time for Filing Objections to the Magistrate Judge’s Ruling
- [10.49] Waiver by Raising an Argument Before the District Judge Not Advanced Before the Magistrate Judge
- [10.50] Review of Rulings on Nonconsensual Dispositive Matters
- [10.51] The Requirement That Objections Be Specific
- [10.52] Waiver in the Court of Appeals of a Magistrate Judge’s Order or Recommended Disposition in the Absence of a Request for Review in the District Court
- [10.53] Scope of Review
- [10.54] Review of a Magistrate Judge’s Findings of Fact
- [10.55] Special Master Assignments
- [10.56] Time for Filing
- [10.57] Standard of Review
- [10.58] The Appropriate Court To Hear Appeals in Consent Cases
- V. [10.59] The Importance of Comprehensive and Incisive Briefing in Matters Brought Before the Magistrate Judge or the District Judge
- VI. [10.60] Helpful Hints
- [10.61] The Importance of Compliance with the Local Rules and the Magistrate Judge’s Standing Orders
- [10.62] Provide Hard Copies of Motions or Pleadings if Required by the Judge
- [10.63] The Meet and Confer Requirement
- [10.64] Discovery Must Be Issued and Completed Before the Scheduled Close of Discovery
- Other Common Concerns
- [10.65] Do Not Put Off Bringing a Motion To Compel
- [10.66] Length of Briefs
- [10.67] Summary Judgment Briefing in Consent Cases
- [10.68] Local Rule 56.1 of the Northern District of Illinois
- [10.69] Summary Judgment in Cases in Which Intent Plays a Dominant Role
- [10.70] Suggestions for the Preparation of a “Brief” Either to the Magistrate Judge or to the District Court Questioning a Ruling by a Magistrate Judge
- [10.71] The Brief on “Appeal” to the District Court
- [10.72] Remember the Golden Rule
- VII. [10.73] Conclusion
- Chapter 11 — Trial of Federal Cases
- I. Scope of Chapter
- II. [11.4] Northern District Trial Bar Membership
- III. Jury Procedures
- [11.5] Obtaining Jury Trial
- Juror Qualification
- [11.6] Challenge to Array
- [11.7] Eligibility and Qualification
- [11.8] Exemptions
- Jury Selection
- Examination
- [11.9] Role of Judge
- [11.10] Subjects of Inquiry
- Challenges
- [11.11] Challenges for Cause
- [11.12] Peremptory Challenges
- Jury Composition
- [11.13] Six-Member Jury
- [11.14] Majority Verdict
- [11.15] Alternate Jurors
- [11.16] Jury Waiver
- [11.17] Questioning by the Jury During Trial
- Jury Instructions
- [11.18] Request for Instructions
- [11.19] Pattern Jury Instructions
- [11.20] Objections to Instructions
- [11.21] Commenting on Evidence
- [11.22] Deadlock Jury Instruction
- Special Verdicts and Interrogatories
- [11.23] Benefits of Devices
- [11.24] Scope of Special Verdicts and Interrogatories
- [11.25] Form for Special Interrogatories
- [11.26] Choice of Laws
- [11.27] Consequences of Informing Jury as to Legal Effect
- [11.28] Effect of Inconsistent Interrogatory Answers
- [11.29] Waiver
- IV. Trial Mechanics
- [11.30] Split Trials
- [11.31] Bench Trials
- Witness Subpoenas
- [11.32] General Comments
- [11.33] Form, Service, and Fees
- [11.34] Territorial Limitations
- [11.35] Subpoena Duces Tecum
- [11.36] Contempt
- [11.37] Deposition Testimony
- [11.38] Evidence
- [11.39] Preserving Record for Appeal
- [11.40] Adverse Witnesses
- [11.41] Consolidation
- [11.42] Offer of Judgment
- V. Trial and Posttrial Motions
- [11.43] Motion for Judgment as Matter of Law in Jury Trial (Formerly Motion for Directed Verdict)
- [11.44] Motion To Dismiss in Bench Trial
- Posttrial Motions
- [11.45] Time for Filing
- Grounds
- [11.46] Judgment After Trial (Formerly Judgment Notwithstanding the Verdict)
- [11.47] New Trial
- [11.48] Motion To Amend
- [11.49] Additur and Remittitur
- VI. Judgment
- Chapter 12 — Protecting the Record and Perfecting the Appeal
- I. [12.1] Scope of Chapter
- II. General Principles of Federal Appeals
- [12.2] Jurisdiction of the Courts of Appeals
- [12.3] The Seventh Circuit
- [12.4] The Federal Circuit
- [12.5] Review of Judgments from Magistrate Judges
- [12.6] Final Decisions
- [12.7] Orders That Are Final as to Fewer than All Parties or All Claims
- [12.8] The Finality Requirement
- [12.9] No Just Reason for Delay Requirement
- [12.10] The Direction of Judgment Requirement
- [12.11] Orders for Immediate Transfer of Property
- [12.12] Collateral-Order Doctrine
- [12.13] The Doctrine of Practical Finality
- [12.14] Orders in the “Twilight Zone of Finality”
- Interlocutory Orders
- [12.15] Interlocutory Orders Appealable by Right
- [12.16] Interlocutory Orders Appealable by Permission
- [12.17] Interlocutory Orders in Putative Class Actions
- [12.18] Class Certification Orders
- [12.19] Remand Orders in Removed Class Actions
- [12.20] Entry of a Judgment
- [12.21] Extraordinary Writs
- III. Errors in Rulings on Pleadings
- Dismissal for Failure To State a Claim for Which Relief Can Be Granted
- [12.22] Motion Granted or Denied
- [12.23] Need To Preserve Point
- Dismissal for Lack of Jurisdiction
- [12.24] Motion Granted or Denied
- [12.25] Need To Preserve Point
- [12.26] Venue
- [12.27] Joinder of Additional Parties
- [12.28] Motion Granted or Denied
- [12.29] Need To Preserve Objection
- IV. Errors on Motions
- [12.30] Motions To Dismiss
- [12.31] Voluntary and Involuntary Dismissals
- [12.32] Dismissal for Failure To Prosecute
- [12.33] Motions for Summary Judgment
- [12.34] Granting, Partially Granting, or Denying Summary Judgment Motions
- [12.35] Denials and Partial Grants of Summary Judgment That Are Injunctions
- Discovery
- [12.36] Generally Not Appealable
- [12.37] Entire Action Is One for Discovery
- [12.38] Contempt
- [12.39] Mandamus
- [12.40] Sanctions for Discovery Violations
- [12.41] Motions in Limine
- V. [12.42] Errors Occurring During Trial
- [12.43] Timeliness of Objections
- [12.44] Specificity of Objections
- [12.45] Danger Areas in Protecting the Record for Appeal
- [12.46] Challenging the Selection of the Array or Venire
- [12.47] Objections Regarding Challenges
- [12.48] Making a Record of Publicity During Trial
- Objections to the Conduct of Counsel or the Court
- [12.49] Conduct of Opposing Counsel
- [12.50] Conduct of the Court
- [12.51] Prejudicial remarks
- [12.52] Questioning of witnesses
- [12.53] Commenting on evidence
- [12.54] Conduct during jury deliberation
- [12.55] Errors During Offer and Receipt of Evidence
- Exclusion of Evidence
- [12.56] Objections to opponent’s evidence
- [12.57] Objections to improper questions
- [12.58] Offering Evidence
- [12.59] Expert Testimony
- [12.60] Challenging expert qualifications
- [12.61] Lack of foundation for expert opinion
- [12.62] Opinion outside scope of expert’s field of knowledge
- [12.63] Hypothetical questions
- [12.64] Motions During Trial
- [12.65] Motion for Judgment as a Matter of Law in Jury Cases
- [12.66] Timeliness
- [12.67] Specificity
- [12.68] Motion for Judgment on Partial Findings in Nonjury Cases
- [12.69] Jury Instructions
- [12.70] Objection to Instructions
- [12.71] Instructions Must Be Tendered
- [12.72] Charge to the Jury
- [12.73] Objections to the Verdict
- [12.74] Objections to Form and Content of Verdict Forms
- [12.75] Objections to Verdict Returned by the Jury
- [12.76] General verdicts
- [12.77] Special verdicts
- [12.78] General verdicts with written questions
- [12.79] Polling the Jury
- VI. [12.80] Posttrial Motions
- [12.81] Rigid Time Limits for Filing
- [12.82] Renewed Motion for Judgment as a Matter of Law and Alternative Motion for New Trial
- [12.83] Renewed Motion for Judgment as a Matter of Law Granted or Denied
- [12.84] Motion for New Trial Granted or Denied
- [12.85] Relationship Between Renewed Motion for Judgment as a Matter of Law and Alternative Motion for New Trial
- [12.86] Both Motions Granted
- [12.87] Both Motions Denied
- [12.88] Renewed Motion for Judgment as a Matter of Law Granted and Motion for New Trial Denied
- [12.89] Motion for Amended or Additional Findings and Alternative Motion for a New Trial
- [12.90] Remittitur
- [12.91] Additur
- [12.92] Costs and Attorneys’ Fees
- VII. [12.93] Perfecting an Appeal from District Court
- Notice of Appeal
- [12.94] Jurisdictional Necessity
- [12.95] Contents of Notice of Appeal
- Time To File
- [12.96] General Limits
- [12.97] Additional Appeals
- [12.98] Identification of Counsel
- [12.99] Forms of Notice of Appeal
- Extensions of Time
- [12.100] Motions Suspending Time for Filing Notice of Appeal
- [12.101] Motion To Extend Time To File Notice of Appeal for “Excusable Neglect or Good Cause”
- [12.102] Cross-Appeals
- [12.103] Effect of Notice of Appeal on District Court’s Jurisdiction
- Docketing Statement
- [12.104] Filing the Docketing Statement
- [12.105] Contents of the Docketing Statement
- [12.106] Appeal Bonds
- [12.107] Cost Bond
- [12.108] Sample Form of Cash Deposit Cost Bond
- [12.109] Sample Form of Cost Bond with Corporate Surety
- Bond or Other Security
- [12.110] Appeals from Money Judgments
- [12.111] Sample Form of Money Judgment Bond
- [12.112] Preparing and Transmitting the Record to the Court of Appeals
- VIII. Staying the Judgment Pending Appeal
- Chapter 13 — Class Actions
- I. Introduction
- II. Class Certification — Requirements
- [13.4] In General
- [13.5] District Court’s Role in the Certification Process
- [13.6] Court Must Perform a Rigorous Analysis of Fed.R.Civ.P. 23 Requirements
- Court May Look Beyond Pleadings in Ruling on Class Certification
- [13.7] Court Should Make Factual and Legal Inquiries
- [13.8] Class Discovery
- [13.9] Class Certification Hearings
- [13.10] Class Must Be Ascertainable
- [13.11] Class Representative Must Have Standing
- [13.12] Fed.R.Civ.P. 23(a) Requirements for Class Certification
- [13.13] Fed.R.Civ.P. 23(a)(1) — Numerosity
- [13.14] Fed.R.Civ.P. 23(a)(2) — Commonality
- [13.15] Fed.R.Civ.P. 23(a)(3) — Typicality
- [13.16] Fed.R.Civ.P. 23(a)(4) — Adequacy of Representation
- [13.17] Fed.R.Civ.P. 23(b) Requirements for Class Certification — The Different Types of Classes
- [13.18] Mandatory Class Actions Under Fed.R.Civ.P. 23(b)(1) or Fed.R.Civ.P. 23(b)(2)
- [13.19] Fed.R.Civ.P. 23(b)(1) Class Actions
- [13.20] Fed.R.Civ.P. 23(b)(1)(A)
- [13.21] Fed.R.Civ.P. 23(b)(1)(B)
- [13.22] Fed.R.Civ.P. 23(b)(2) Class Actions
- [13.23] Fed.R.Civ.P. 23(b)(3) Class Actions
- [13.24] Predominance
- [13.25] Variation in factual issues
- [13.26] Variation in controlling law
- [13.27] Superiority
- III. Class Certification Procedures — Fed.R.Civ.P. 23(c)
- [13.28] Timing of the Class Certification Motion — Fed.R.Civ.P. 23(c)(1)(A)
- Court Order Certifying the Class
- [13.29] What Must Be Included in the Class Certification Order — Fed.R.Civ.P. 23(c)(1)(B)
- [13.30] Class Certification Order May Be Altered or Amended Before Final Judgment — Fed.R.Civ.P. 23(c)(1)(C)
- [13.31] Class Certification Notice — Fed.R.Civ.P. 23(c)(2)
- [13.32] Notice for Fed.R.Civ.P. 23(b)(1) and 23(b)(2) Classes
- [13.33] Notice for Fed.R.Civ.P. 23(b)(3) Classes
- [13.34] Method of Giving Fed.R.Civ.P. 23(b)(3) Notice
- [13.35] Form of Fed.R.Civ.P. 23(b)(3) Class Certification Notice
- [13.36] Notice in Class Actions That Seek Both Equitable and Monetary Relief
- [13.37] Final Judgment Orders in Class Actions — Fed.R.Civ.P. 23(c)(3)
- [13.38] Classes May Be Certified for Issues — Fed.R.Civ.P. 23(c)(4)
- [13.39] Court May Certify Subclasses — Fed.R.Civ.P. 23(c)(5)
- [13.40] Tolling Effect of Class Actions
- IV. Court’s Authority To Issue Procedural Orders — Fed.R.Civ.P. 23(d)
- [13.41] Wide Discretion To Administer Class Actions
- [13.42] Orders Governing the Progress of Class Action Litigation — Fed.R.Civ.P. 23(d)(1)(A)
- [13.43] Notice To Protect Class Members — Fed.R.Civ.P. 23(d)(1)(B)
- [13.44] Restrictions on Class Representatives or Intervenors — Fed.R.Civ.P. 23(d)(1)(C)
- [13.45] Amended Pleadings To Eliminate the Class if Certification Is Denied — Fed.R.Civ.P. 23(d)(1)(D)
- [13.46] Authority To Issue Orders Regarding Procedural Matters — Fed.R.Civ.P. 23(d)(1)(E)
- V. Class Action Settlements — Fed.R.Civ.P. 23(e)
- VI. [13.53] Interlocutory Appeals — Fed.R.Civ.P. 23(f)
- VII. [13.54] Appointment of Class Counsel — Fed.R.Civ.P. 23(g)
- VIII. [13.55] Attorneys’ Fees Award — Fed.R.Civ.P. 23(h)
- IX. [13.56] Class Action Fairness Act of 2005
- Jurisdiction/Removal Provisions of the Class Action Fairness Act of 2005
- [13.57] Expansion of Federal Court Jurisdiction
- [13.58] General Rule: Minimal Diversity and $5 Million at Issue
- [13.59] Exceptions to the General Rule
- [13.60] More than two thirds of class from forum state
- [13.61] Local defendant — significant relief, significant basis, and principal injuries
- [13.62] Other exceptions
- [13.63] Mass Actions
- [13.64] Changes in Citizenship Test for Unincorporated Associations
- [13.65] Jurisdiction After Class Certification Denial
- [13.66] Removal Procedures Under the Class Action Fairness Act of 2005
- [13.67] Motion To Remand
- [13.68] Nonremovable Actions
- [13.69] Settlement Provisions of the Class Action Fairness Act of 2005
- [13.70] Coupon Settlements
- [13.71] Other Protections for Settlement Class Members
- [13.72] Notice Requirements
- [13.73] Officials To Notify
- [13.74] Notice and Final Approval
- [13.75] Contents of Notice
- [13.76] Consequences of Failure To Provide Notice
Authors
- Daniel R. Campbell
Daniel R. Campbell
Daniel R. Campbell is a Partner at McDermott Will & Emery in Chicago, where he practices as a trial lawyer. He is a 2023 recipient of Crain’s Chicago Business 40 Under 40 award, a Cochair of the Chicago Bar Association Class Action Committee, and a Board Member of Legal Aid Chicago. Mr. Campbell received his two B.A.’s summa cum laude and with honors from the University of Missouri and his J.D. magna cum laude from the University of Illinois College of Law and has leadership and multicultural studies certificates.
- Robert Marc Chemers
Robert Marc Chemers
Robert Marc Chemers is a Senior Shareholder and President at Pretzel & Stouffer, Chartered, in Chicago where he focuses on appeals and insurance coverage. He is a Fellow of the American College of Coverage Counsel, a member of the Illinois State, DuPage County, and Chicago Bar Associations, and a member of the Illinois Association of Defense Trial Counsel. Mr. Chemers received his B.A. magna cum laude from the University of Southern California and his J.D. cum laude from Indiana University School of Law.
- Jeffrey Cole
Jeffrey Cole
Jeffrey Cole is a Magistrate Judge with the United States District Court, Northern District of Illinois, in Chicago. He is currently the Editor-in-Chief of The Circuit Rider, The Journal of the Seventh Circuit Bar Association. He was the Editor-in-Chief of Litigation Magazine, the journal of the ABA from 2002 until 2004. He is the recipient of the 2023 Lifetime Achievement Award from the Jewish Judges Association. Judge Cole received his B.S. from the University of Illinois and his J.D. from DePaul University College of Law.
- Steven D. Hall
Steven D. Hall
Steven D. Hallis a Partner at Mickes O’Toole, LLC, in St. Louis, Missouri, where he focuses on civil litigation. He is a member of the Bar Association of Metro St. Louis and the St. Louis Federal Court Legal Advice Clinic. He is listed on the Missouri Bar Pro Bono Wall of Fame. Mr. Hall received his B.S. from the College of the Ozarks, his M.Div. from Harvard University, and his J.D. from Suffolk University.
- Scott L. Howie
Scott L. Howie
Scott L. Howieis a Partner at Donohue Brown Mathewson & Smyth LLC in Chicago, where he focuses on appeals. He is a member of the Appellate Lawyers Association and the Illinois Association of Defense Trial Counsel. Mr. Howie received his B.S. from Northwestern University and his J.D. from Chicago-Kent College of Law.
- Steven H. Jesser
Steven H. Jesser
Steven H. Jesser is a sole practitioner in Glenview, where he focuses on school law, appellate and federal practice, health provider practice, and administrative/regulatory law. He is admitted to practice in several states, Washington, DC, over 35 United States district courts, all United states appellate courts, the United States Supreme Court, and all Armed Forces Courts of Military Appeals. Mr. Jesser received his B.A. from Northwestern University and his J.D. from Chicago-Kent College of Law, where he was the cofounder of the International Law Society.
- Sean M. Koller
Sean M. Koller
Sean M. Koller is an associate at Sperling & Slater LLC in Chicago, where he focuses on litigation. He is a member of the Illinois State and Chicago Bar Associations. He was named one of the Ones to Watch by Best Lawyers in 2024. Mr. Koller received his B.A. magna cum laude from the University of Notre Dame and his J.D. from the University of Chicago Law School.
- David N. Larson
David N. Larson
David N. Larson is an associate at Pretzel & Stouffer, Chartered, in Chicago, where he focuses on appeals and insurance coverage. Mr. Larson received his B.A. from Northwestern University and his J.D. from the California Western School of Law.
- Ian McKay
Ian McKay
Ian McKay is an associate at McDermott Will & Emery in Chicago, where he focuses on commercial and white-collar litigation. Mr. McKay received his J.D. magna cum laude from the University of Notre Dame Law School, where he was the Executive Managing Editor of the Notre Dame Law Review.
- Richard L. Miller II
Richard L. Miller II
Richard L. Miller II is a Partner at Miller PC, in Chicago, where he focuses on commercial litigation, labor law, and class actions. He is an adjunct professor at Northwestern College of Law, where he has served as an instructor for Trial Advocacy since 2005 and Advanced Trial Advocacy since 2013. Miller is an American Arbitration Association arbitrator and has served as an arbitrator for the Cook County Mandatory Arbitration Program and FINRA. He was named one of the 40 Illinois Attorneys Under Forty To Watch by the Law Bulletin Publishing Company, publishers of the Chicago Lawyer and Chicago Daily Law Bulletin. Miller is a member of the IICLE® Board of Directors. He graduated magna cum laude from the University of Illinois College of Business and graduated cum laude from the University of Illinois College of Law.
- James V. O’Brien
James V. O’Brien
James V. O’Brien is a Member at Buchanan, Williams & O’Brien, P.C., in Brentwood, Missouri, where he focuses on litigation. He is rated AV Preeminent by Martindale Hubble. He is a Certified Public Accountant in Missouri. Mr. O’Brien received his B.A. from Illinois State University, his J.D. from Southern Illinois University School of Law, and his LL.M. in taxation from Washington University School of Law.
- Jeffrey A. Parness
Jeffrey A. Parness
Jeffrey A. Parness is a Professor Emeritus of Law at Northern Illinois University College of Law, where he teaches classes in civil litigation. He is an elected member of the American Law Institute and received a Presidential Commendation from the Illinois State Bar Association in 2013. Mr. Parness received his B.A. from Colby College and his J.D. from the University of Chicago Law School.
- Michael R. Robinson
Michael R. Robinson
Michael R. Robinson is an administrative law judge with the Illinois Human Rights Commission in Springfield. He has authored several articles for the Illinois State Bar Association’s Illinois Bar Journal, of which three were cited as winners of the Lincoln Legal Writing Award in 1985, 1986, and 1989. Mr. Robinson received his B.A. from the University of Illinois and his J.D. from the University of Nebraska College of Law.
Federal Civil Practice 2024 Edition
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