Operating Procedure 1: Motions — 7th Cir.

(a) Number of Judges Necessary to Determine Motions.

(1) Ordinary Practice. At least two judges shall act on requests for bail, denials of certificates of appealability, and denials of leave to proceed on appeal in forma pauperis. Ordinarily three judges shall act to dismiss or otherwise finally determine an appeal or other proceeding, unless the dismissal is by stipulation or is for procedural reasons. Three judges shall also act to deny a motion to expedite an appeal when the denial may result in the mooting of the appeal. All other motions shall be entertained by a single judge in accordance with the practice set forth in paragraph (c). In the interest of expediting a decision or for other good cause, a fewer number of judges than provided in these procedures may decide any motion.

(2) En Banc Requests. If en banc consideration of a motion is requested, no more than the normal number of judges required for such a motion need act on it. If en banc reconsideration of the decision on a motion is requested, the motion will be considered by the same judge or judges who acted on the motion originally and, if and to the extent necessary to constitute a panel of three, one or more members of the motions panel. A judge may request that any motion be considered by the court en banc.

(b) Selection of Judges to Determine Motions. The responsibility to handle motions shall be rotated among the judges. If a single judge to whom a motion is presented orders a response, the motion and response will ordinarily be presented to the same judge for ruling.

(1) Motions That May Require Immediate Action. A staff attorney will read upon filing the following motions (whether labeled emergency or not): (i) for bond; (ii) for injunction; (iii) for stay of injunction; (iv) for stay of an agency order; (v) to dismiss appeals not by agreement; (vi) for leave to appeal from an interlocutory order pursuant to 28 U.S.C. § 1292(b); (vii) to stay or recall the mandate; (viii) to supplement the record; and (ix) all other emergency motions. If the motion requires immediate action, it will be taken to the motions judge and, if necessary, a panel. If it does not require immediate action, the staff attorney will wait up to fourteen days for a response to be filed before taking the motion to the motions judge or panel.

(2) Routine Motions. Routine motions (see subparagraph (7)) will be given to court staff who will read the motion and any affidavit in support thereof as well as any response to the motion. The designated staff member is then authorized, acting pursuant to such general directions and criteria as the court prescribes, to prepare an order in the name of the court either granting or denying the motion or requesting a response to the motion. If the designated staff member has any questions about what action should be taken, the motions judge will be consulted. Once a panel has been assigned for the oral argument or submission of an appeal, or after an appeal has actually been orally argued or submitted for decision without oral argument, the court staff should consult the presiding judge on motions that would otherwise be considered routine.

(3) Nonroutine Motions. A staff attorney shall read each nonroutine motion (see subparagraph and then present it to the motions judge and, if necessary, the motions panel. The judge or panel will then advise the staff attorney as to the decision and direct that an order be prepared accordingly. The staff attorney will then prepare the order. If the order states detailed reasons for the decision, the staff attorney will take the original of the order to the motions judge or one of the judges on the motions panel to read and approve. The same procedure will be followed whenever a judge asks to see the prepared order before it is released.

(4) Duties of Clerk of Court. When an order is in final form and ready for release, copies of the order will be reproduced and mailed to the litigants and to any other persons who are affected by the order, such as the district court clerk, the district judge, the United States Marshal, et al. The clerk will make certain that the language of the order is technically proper.

(5) Automatic Reconsideration When Response Filed After Ruling. If a response to a motion is properly filed after the court has ruled on the motion adversely to the respondent, the motion and response will be reconsidered and a new order stating this fact and ruling on the motion shall be issued.

(6) Record Keeping. The clerk shall keep a record of all orders by date of entry and also place a copy of each order in the file folder of the appeal.

(7) Classification of Motions and Actions by Court. Motions and actions of the court are classified for purposes of this paragraph as follows:

Type	Classification
To extend time or to file instanter	Routine
To consolidate appeals	Routine
To hold briefing in abeyance	Routine
To expedite or schedule briefing (But see 1(a) supra.)	Routine
To intervene as of right	Routine
To withdraw exhibits for preparation of a brief by counsel of record or party appearing pro se prior to case being scheduled for oral argument	Routine
To listen to tapes of oral argument under supervision of the clerk's office	Routine
To withdraw as counsel in criminal cases when other counsel has filed or is simultaneously filing an appearance	Routine
To withdraw as counsel in civil cases	Routine
To correct error in the caption of a case	Routine
To withdraw a previously filed motion before the court has acted upon it	Routine
To file a deferred appendix (generally denied)	Routine
To dismiss by agreement (except in cases to which panels have already been assigned)	Routine
To supplement record (if no objection)	Routine
(with an item before district court)	Routine
(with item not clearly before district court)	Routine
(to deny with leave to renew after moving to correct record in district court pursuant to Fed. R. App. P.10(e))	Routine
For leave to appeal in forma pauperis (if denied without prejudice to renewal after district court denial)	Routine
(if denied for any other reason)	Nonroutine
(if granted)	Nonroutine
For leave to file brief amicus curiae	Nonroutine
For leave to file oversized brief	Nonroutine
To stay or recall mandate	Nonroutine
For appointment of counsel	Nonroutine
To postpone oral argument	Nonroutine
For certificate of appealability (if denied)	Nonroutine
(if granted)	Nonroutine
For leave to commence second or successive collateral attack	Nonroutine
To dismiss, not by agreement	Nonroutine
For bond, injunction, or stay of injunction	Nonroutine
To reconsider any order of court (other than pursuant to subparagraph (5))	Nonroutine
For leave to appeal from interlocutory order, pursuant to 28 U.S.C. § 1292(b)	Nonroutine
All other motions	Nonroutine
The following actions by the court shall be handled similarly to the stated procedures for routine or nonroutine motions:
Issuance of orders to show cause pursuant to Circuit Rule 31(c) and (d)	Routine
Discharge of rules to show cause under Fed. R. App.P. 31 (c) and Circuit Rule 31 (c) and (d) (granting discharge)	Routine
(denying discharge)	Nonroutine
Orders pursuant to Fed. R. App. P. 34	Nonroutine

(8) The clerk is authorized to reject repetitious motions to reconsider.

(9) Recruiting or Appointing Counsel. When appointing counsel for an indigent litigant (or when requesting counsel to represent someone, if no statute authorizes an appointment) the court will ensure that the lawyer does not cause the recusal of any judge who has been assigned to the panel that will decide the case on the merits. If a panel has decided the case already, then the court will not request assistance from a lawyer whose presence would disqualify any member of the full court.