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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS 

FIFTH AMENDED GENERAL ORDER 20-0012

July 10, 2020

IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY

Given the public health emergency arising from the COVID-19 pandemic, and consistent 

with guidance and orders from federal executive authorities, the State of Illinois, and local 

governments, it is hereby ORDERED:

Amended General Order 20-0012, entered on March 17, 2020; General Order 20-0014, 

entered on March 20, 2020; Second Amended General Order 20-0012, entered on March 30, 

2020; Third Amended General Order 20-0012, entered on April 24, 2020; and Fourth Amended 

General Order 20-0012, entered on May 26, 2020, are vacated and superseded by this Fifth 

Amended General Order. To protect the public health and welfare, the United States District 

Court for the Northern District of Illinois hereby orders, effective July 13, 2020:

Court Remains Open

1. This Court remains open and accessible, subject to the limitations and procedures set 

forth below.

Civil Cases

2. This Fifth Amended General Order does not extend any deadlines in civil cases.

3. Civil case hearings, bench trials, and settlement conferences may be scheduled and 

conducted by the presiding judge by remote means. In-court hearings are limited to 

urgent matters that cannot be conducted remotely.

4. Civil jury trials will not be conducted before August 3, 2020, and trials set to begin 

before August 3, 2020, will be reset by the presiding judge. 

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Criminal Cases

5. The Court recognizes and respects the right of criminal defendants, particularly those in 

pretrial detention, to a speedy and public trial under the Sixth Amendment. That said, 

the public health emergency requires that the following procedures be implemented in 

criminal cases:

a) Grand juries shall continue to meet, with reasonable limits on grand jury 

sessions imposed by the Court in consultation with the U.S. Attorney’s

Office.

b) Under Criminal Rule 4.1, a judge may review by reliable electronic 

means, rather than in person, a complaint, application for search 

warrant or trap/trace/pen register, application for wiretap, or application 

for any other warrant or order.

c) Under Section 15002(b)(1) of the CARES Act, Pub. L. 116-136, 134 Stat. 

281, and until September 14, 2020, unless this provision is terminated 

earlier, the Chief Judge of this Court authorizes the use of 

videoconferencing, or teleconferencing if videoconferencing is not 

reasonably available, for the following proceedings, so long as the defendant 

gives written or verbal consent after consultation with counsel:

i. Detention hearings under 18 U.S.C. § 3142;

ii. Initial appearances under Criminal Rule 5;

iii. Preliminary hearings under Criminal Rule 5.1;

iv. Waivers of indictment under Criminal Rule 7(b);

v. Arraignments under Criminal Rule 10;

vi. Probation and supervised release revocation hearings under 

Criminal Rule 32.1;

vii. Pretrial release revocation hearings under 18 U.S.C. § 3148;

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viii. Appearances under Criminal Rule 40;

ix. Misdemeanor pleas and sentencings under Criminal Rule 43(b)(2); and

x. Juvenile proceedings under Title 18, Chapter 403, except for 

contested transfer hearings, juvenile delinquency adjudication, or trial

proceedings.

d) A defendant who does not object to detention shall, before the scheduled 

detention hearing, notify the presiding judge orally (through counsel) or in 

writing that the defendant has no objection to detention. The decision to 

not object is without prejudice to the defendant’s right to later challenge

detention and seek pretrial release.

e) Under Section 15002(b)(2)(A) of the CARES Act, and by General Order 20-

0022, entered on June 12, 2020, the Chief Judge found that felony pleas 

under Rule 11 of the Federal Rules of Criminal Procedure and felony 

sentencings under Rule 32 of the Federal Rules of Criminal Procedure cannot 

be conducted in person in this district without seriously jeopardizing public 

health and safety. As a result, if a judge in an individual case finds, for specific 

reasons, that a felony plea or sentencing in that case cannot be further 

delayed without serious harm to the interests of justice, the judge may, with 

the consent of the defendant after consultation with counsel, use video 

conferencing, or teleconferencing if video conferencing is not reasonably 

available, for the felony plea or sentencing in that case. Felony plea or 

sentencing hearings may be conducted by videoconferencing or 

teleconferencing subject to the assigned judge making the required findings 

under Section 15002(b)(2)(A).

f) The court finds that the period of any continuance entered from the date of 

this Fifth Amended General Order through September 14, 2020, as a result 

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of this Order shall be excluded under the Speedy Trial Act, 18 U.S.C. 

§3161(h)(7)(A). The court finds that the ends of justice served by the 

exclusion of time outweigh the interests of the parties and the public in a 

speedy trial given the need to protect the health and safety of defendants, 

defense counsel, prosecutors, court staff, and the public by reducing the 

number of in-person hearings to the greatest extent possible.

g) Criminal jury trials will not be conducted before August 3, 2020, and trials 

scheduled to begin before August 3, 2020, will be reset by the presiding 

judge. This continuance is necessary because criminal jury trials require: (i) 

the gathering of a large number of persons in the Jury Department; (ii) at 

least 12 jurors seated in the courtroom to hear evidence; (iii) 12 jurors to 

deliberate in the jury room; and (iv) five to six weeks’ notice in advance of 

trial to summon jurors. The advance-notice requirement makes any earlier 

date impractical because it is not known what large-gathering guidelines will 

be in place. Social-distancing guidelines might render juror participation 

difficult or unsafe, including during juror check-in and jury selection. For these 

same reasons, in cases impacted by this trial continuance, the Court 

excludes time under the Speedy Trial Act through September 14, 2020, 

because the ends of justice outweigh the interests of the parties and the 

public in a speedy trial.

Emergency Relief in Any Case or from this Order

6. Any party may seek emergency relief in any case or from this Fifth Amended General 

Order. Emergency motions must be filed in the case in which emergency relief is 

sought. Any emergency motion must be filed (a) electronically via CM/ECF or (b) for 

pro se non-e-filers, via email as outlined in Paragraph 12. If neither CM/ECF nor email 

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is available to a party, then the party may deposit the emergency motion in a 

courthouse drop-box, mail the motion, or deliver it to the intake desk at the Clerk’s 

Office. The emergency motion will be considered as soon as practicable by the 

presiding judge, an emergency judge, or the Chief Judge. Case No. 20-cv-01792, 

which is a docket created to receive emergency motions filed under earlier General 

Orders, is now limited to emergency motions for release from pretrial or 

presentence detention. Emergency motions for release from pretrial or presentence 

detention must be filed on two dockets: (1) the docket of the case in which relief is 

sought and (2) Case No. 20-cv-01792. Motions seeking modification of an imposed 

term of imprisonment (compassionate release or a First-Step-Act sentence reduction) 

under 18 U.S.C. § 3582(c)(1)(A) must be filed only on the docket of the criminal case. 

7. For an emergency matter, as defined by Local Rule 77.2(a)(3), that arises during 

business hours (Monday through Friday 7:00 a.m. through 6:00 p.m.), the party shall 

consult the presiding judge’s website and alert the presiding judge’s courtroom deputy 

of the filing. If an emergency matter arises outside of business hours, the party shall 

call (312) 702-8875, leave a message describing the emergency, and provide a return 

telephone number. The Clerk will return the call. Parties should consult the Court’s 

website for up-to-date procedures for emergencies.

Clerk’s Office and Filing Options

8. The Clerk’s Office in the Eastern Division is open during normal business hours. 

Filings in the Eastern Division may be: (a) electronically filed via CM/ECF; (b) deposited 

in the drop-box in the lobby of the Dirksen Courthouse; (c) mailed to the U.S. District 

Court Clerk’s Office, 219 South Dearborn Street, 20th Floor, Chicago, IL 60604; or (d) 

in person at the intake counter of the Clerk’s Office located on the 20th floor of the 

Dirksen Courthouse during business hours. If a filing is mailed by a prisoner, the 

traditional “mail box” rule shall govern its filing date. If a filing is mailed by a nonCase: 1:20-cv-04162 Document #: 21 Filed: 07/10/20 Page 5 of 8 PageID #:6508
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prisoner, the filing date shall be deemed to be the postmark date, subject to any party’s 

right to move that a different date be used. No in-person deliveries of any kind may be 

made to a judge’s chambers.

9. The Clerk’s Office in the Western Division is open during normal business hours. 

Filings in the Western Division may be: (a) electronically filed via CM/ECF; (b) 

deposited in the drop box located on the 2nd floor of the Roszkowski United States 

Courthouse during business hours; (c) mailed to U.S. District Court Clerk’s Office, 327 

South Church Street, Rockford, IL 61101; or (d) in person at the intake counter of the 

Clerk’s Office located on the 2nd floor of the Roszkowski Courthouse during business 

hours. If a filing is mailed by a prisoner, the traditional “mail box” rule shall govern its 

filing date. If a filing is mailed by a non-prisoner, the filing date shall be deemed to be 

the postmark date, subject to any party’s right to move that a different date be used. No 

in-person deliveries of any kind may be made to a judge’s chambers.

Suspension of Local Rules 5.2(f) and 5.3(b)

10. The Court suspends Local Rule 5.2(f), which requires in many instances that paper 

courtesy copies of filings be delivered to the judge, through September 14, 2020. No 

courtesy copies may be submitted for filings unless the parties receive case-specific 

requests for copies from the presiding judge.

11. The Court suspends Local Rule 5.3(b), which otherwise requires that all motions be 

noticed for presentment. No motions may be noticed for in-person presentment; 

the presiding judge will notify parties of the need, if any, for a hearing by electronic 

means or in-court proceeding.

Email Filing Option for Pro Se Parties

12. The Court suspends through September 14, 2020, the prohibition against pro se parties 

emailing their filings to the Clerk’s Office. From now through September 14, 2020, the 

Courtwill accept filings from pro se litigants via email that comply with these 

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requirements: (a) the filing must be in PDF format; (b) the filing must be signed s/ [filer’s 

name] or bear a handwritten signature; (c) the email must be sent to Temporary_EFiling@ilnd.uscourts.gov; (d) the email must state the party’s name, address, and 

phone number; (e) for existing cases, the email’s subject line must read: “Pro Se Filing 

[Insert Your Case Number]”, and for new cases, the email’s subject line must read: “Pro 

Se Filing in New Case”. E-mails that do not comply with these requirements will not be 

reviewed and will not be considered a proper filing.

Suspension of Public Gatherings

13. All public gatherings are suspended through September 14, 2020, at both the Everett 

McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. 

Courthouse in Rockford, unless specifically authorized by the Chief Judge. This 

includes, but is not limited to, group tours and visits, moot courts and mock trials, bar 

group meetings, and seminars.

14. In-court proceedings for Second Chance reentry court, SOAR Court, Veterans 

Treatment court, naturalization ceremonies, and Petty Offense (CVB) may be 

scheduled by presiding judges and conducted consistently with social-distancing 

guidelines. Court proceedings allowed by another provision of this Order may take 

place.

Additional Provisions

15. This Fifth Amended General Order does not affect the authority of judges to enter 

orders in any civil or criminal cases. The parties must consult individual judges’ 

websites for any modifications to the case-management requirements of thisOrder.

16. The Court will vacate, amend, or extend this Fifth Amended General Order no later 

than September 14, 2020.

17. The Clerk of Court shall distribute this Fifth Amended General Order: by electronic 

service on all registered CM/ECF users and by electronically posting the Order on the 

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__________________________________

Court’s public website. In addition, the Clerk of Court shall send a copy of this Order, 

either electronically or by mail, to the Illinois Department of Corrections (IDOC), all 

IDOC prison or detention facilities, the Illinois Department of HumanServices Division 

of Mental Health Treatment and Detention Facility, and all county jails in this District; 

the warden, sheriff, or director of each prison, jail, or detention facility is directed to use 

reasonable means to notify persons incarcerated or detained therein of this Order and 

to allow access to this Order. In addition, the Clerk of Court shall docket this Order in 

each open civil and criminal case. Printed copies will not be mailed to non-CM/ECF 

users due to the heavy burden such mailings would place on the Clerk’s Office.

ENTER:

FOR THE COURT:

_

Chief Judge

Dated at Chicago, Illinois this 10th day of July 2020

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