| Hearings on Motion |
PLEASE SEE ORIGINAL MOTION/ADVERSARY SCHEDULE FOR DATES JUDGE NOT SITTING
Chicago Matters
Chapter 7 and 11 Cases:
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Original (New) Motions: |
Wednesdays and Thursdays at 9:30 a.m. |
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Set or Continued Matters: |
Wednesdays and Thursdays at 10:30 a.m. |
Joliet Matters
Chapter 7 Cases:
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Original (New) Motions: |
Fridays at 9:15 a.m. |
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Set or Continued Matters: |
Fridays at 9:30 a.m. |
Chapter 13 Cases:
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Original (New) Motions: |
Fridays at 10:00 a.m. |
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Status or Confirmation Hearings: |
Fridays at 11:00 a.m. |
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| Motions Granted Without a Hearing |
Routine motions (as defined in Local Rule 9013-9) will be listed as “Will Be Granted Without a Hearing” on the call sheet for the hearing date.
A. Effect of listing as “Will Be Granted Without a Hearing”:
(1) |
If no party requests that the motion be called, it will be granted without hearing in open court. |
(2) |
If a party asks the Courtroom Deputy to call the motion, it will be called. |
(3) |
If the motion is called, the court will either grant the motion over the objection or continue it to give the movant an opportunity to be heard. |
B. How to check whether a motion “Will Be Granted Without a Hearing”:
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If a motion “Will Be Granted Without a Hearing,” it will be marked as such in Court Calendar the day before the motion is to be presented. The Court Calendar for each judge is on the court’s web site. |
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| Courtesy Copies of Motions (copies to be delivered to chambers) |
ONLY:
1) All Chapter 11 Fee Applications.
2) Any other motion specifically requested by chambers. |
| Motions for Relief from Automatic Stay |
All motions for relief from the automatic stay must be accompanied by a Required Statement to Accompany All Motions for Relief From Stay as required by the Bankruptcy Court’s Standing Order dated February 17, 2004.
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| Motion to Continue Stay in Effect |
Motions to continue the automatic stay in effect pursuant to 11 U.S.C. § 362(c)(3) or to impose the automatic stay under § 362(c)(4) should comply with Judge Black’s Standing Order No. 16. |
| Service of Motions |
For all contested matters (as defined in Bankruptcy Rule 9014), the motion or request must be served in compliance with Bankruptcy Rule 7004. Corporations must be served as required under Bankruptcy Rule 7004(b)(3) on an officer, managing or general agent, or on any agent authorized by appointment or by law to receive service of process. Service on a corporation at a P.O. Box to which payments are sent is not sufficient under Bankruptcy Rule 7004(b)(3). |
| Motions for Approval of Attorneys’ Fees |
Cases filed under Chapters 7, 11 and 12:
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All attorneys or other professionals in cases filed under Chapters 7, 11 and 12 seeking approval of their fees must submit an itemization of their time in tenths of an hour and in the format required under Local Rule 5082-1. |
Cases filed under Chapter 13:
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All attorneys seeking approval of their fees in Chapter 13 cases filed on or after May 1, 2007 must file an application in accordance with General Order No. 07-02 dated April 26, 2007. Fees up to $3,500 will be awarded through completion of the case without itemization of services provided that the application reflects that debtor entered into the current Model Retention Agreement.
All attorneys seeking approval of their fees in Chapter 13 cases filed prior to May 1, 2007 must file an application with an itemization of their time in tenths of an hour, unless they have entered into the Model Retention Agreement referred to in the Bankruptcy Court’s Standing Order dated September 28, 2005.
Debtors’ attorneys are also referred to the Bankruptcy Court’s Standing Order dated October 21, 2004, and to Judge Black’s Standing Order 2, Standing Order 3, and Standing Order 4.
Reimbursement of expenses: Other than filing fees, expenses must be detailed on an attached sheet together with a photocopy of the receipt for each expense. Reimbursement of costs associated with photocopying shall be limited to 10 cents per page absent proof of actual expense in a greater amount. A detailed itemization of documents photocopied, including number of pages, must also be included. |
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| Pretrial Procedures |
At the first status on adversary proceedings, pursuant to Bankruptcy Rule 7026, Judge Black usually requires the parties to hold a Rule 26(f) conference and file a Rule 26(f) report with proposed discovery deadlines. At the second status Judge Black usually sets discovery deadlines and schedules a status hearing after the discovery cut-off. At the status hearing after discovery has closed, a date (often within one month) for delivery of a Joint Pretrial Statement and a trial date (generally within two months) will usually be set. |
| Trial Procedures |
Below are some of the ground rules Judge Black asks lawyers to observe during a trial before him. The list is not exclusive. When in doubt be guided by your good sense and spirit of professionalism. Or ask.
A. CONDUCT OF COUNSEL IN GENERAL
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A-1 |
Counsel should make every effort not to waste time. This includes arriving on time, ready to proceed. It also requires sharing information with the other side about order of witnesses, objections to exhibits, etc.
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A-2 |
Try to anticipate evidentiary disputes. They should be dealt with in advance through motions in limine. Any authority for your position should be included as part of the motion. |
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A-3 |
Lawyers should not address each other directly. All remarks should be made directly to the Judge or to the witness. |
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A-4 |
If you wish to go off the record, ask the Judge for permission to do so. Lawyers should not attempt to instruct the court reporter to stop writing or to start writing. |
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A-5 |
If you plan to use audio or video equipment, ask a day or more in advance. Make sure everything is ready before court begins. |
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A-6 |
Never waive your opening statement. At the very least, tell the Judge what the issues are to be decided, and which party has the burden of proof, no matter how clearly you think the matters are set forth in the pleadings. |
B. OBJECTIONS
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B-1 |
When you make an objection, state the basis for it briefly and in a non-argumentative way. |
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B-2 |
If you feel argument is necessary, ask for permission. |
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B-3 |
Once an objection is made, before proceeding to another question, the questioner should either wait for a ruling or ask to withdraw the pending question. |
C. EXAMINATION OF WITNESSES
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C-1 |
Be considerate of the court reporter. Take turns talking. Do not place a new question before the witness completes the answer to the pending one. Tell your witness to avoid overlapping, too. |
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C-2 |
Lawyers should not instruct a witness during the testimony. If you believe a witness needs instruction, such as speaking louder or answering in a responsive way, direct your request to the Judge. |
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C-3 |
Similarly, do not, for any purpose, instruct a witness to leave the witness stand. If you believe leaving the stand is appropriate, ask the Judge to so instruct the witness. |
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C-4 |
Lawyers should not instruct the court reporters. If you have not heard an answer given by a witness, or if for any reason you want a question or an answer repeated by the court reporter, direct your request to the Judge. Ordinarily, the Judge will not ask a court reporter to read a question to which an objection was overruled or withdrawn. |
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C-5 |
When you have completed your questioning of a witness, tell the Judge. Do not say “your witness” or anything else to opposing counsel. |
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C-6 |
When more than one attorney represents one party, only one of the attorneys may examine each witness, and only the examining attorney may object to opposing counsel’s questions of that witness. |
D. EXHIBITS
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D-1 |
Always pre-mark your exhibits and exchange them with the opposing counsel. |
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D-2 |
Each item, including pages, in a group exhibit must be marked. For example, Group Exhibit A might consist of ten pages, marked A-1 through A-10. |
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D-3 |
Each time you refer to an exhibit, or have a witness do so, identify the exhibit by exhibit number. |
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D-4 |
See Local Rule 9070-1, Custody of Exhibits. |
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