Court & Hearings

Federal courts handle certain types of cases based on either the subject of the case or who is involved. For example:

• Cases involving questions about federal law or constitutional rights.
• Civil Rights: Cases about discrimination, such as unfair treatment at work.
• Criminal: Crimes in violation of federal criminal statutes, like drug trafficking, bank fraud, terrorism, or human trafficking.
• Immigration: Issues like deportation, asylum, or citizenship.
• Bankruptcy: Cases involving debts people or businesses cannot afford and are seeking to discharge or pay over an extended period of time.
• Intellectual Property: Cases involving patents, copyrights, and trademarks.
• Habeas Corpus: Cases where prisoners challenge the legality of their imprisonment.

Federal courts also handle cases between people or companies from different states, if the amount of money at stake is more than $75,000, even if the case is about state law (like a contract or personal injury).

In some cases, you are required to file in federal court (e.g., bankruptcy), but in other cases, you don’t have to. Just because a federal court can hear your case doesn’t always mean it’s the best place to file. Some cases, like bankruptcy, must go to federal court. But in many situations, you have a choice between state and federal court. The best option depends on your case and legal strategy. A lawyer can help you decide what’s right for you.

There are three levels of federal courts. Higher court decisions are stronger and must be followed by the courts below them.

• District Courts (lowest): This is where a case starts. Typically, their decisions only apply to the people in that case, but other courts might look to them for guidance.
• Courts of Appeals (circuit courts): These courts review district court decisions when someone thinks the district court made a legal mistake. Their decisions must be followed by all district courts in the same circuit and are often influential outside the circuit.
• Supreme Court of the United States (highest): This court reviews important cases from circuit courts and state supreme courts. Its decisions apply across the entire country and are final.

Yes, some cases can only be filed in federal court. This happens when a federal law says so. Some common examples include:

• Bankruptcy cases,
• Federal tax disputes, and
• Cases involving patents or copyrights.

These cases must go to federal courts. State courts are not allowed to handle them, even if you try to file there.

Most other everyday cases can go to state court. Some common examples of these include:

• Contracts,
• Property, or
• Personal injuries.

• Northern District
  • Chicago division counties: Cook, DuPage, Grundy, Kane, Kendall, Lake, La Salle, Will
  • Rockford division counties: Boone, Carroll, DeKalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, Winnebago
• Central District
  • Peoria division counties: Fulton, Livingston, Marshall, McLean, Peoria, Putnam, Stark, Tazewell, Woodford
  • Urbana division counties: Champaign, Coles, Douglas, Edgar, Ford, Iroquois, Kankakee, Macon, Moultrie, Piatt, Vermilion
  • Springfield division counties: Adams, Brown, Cass, Christian, De Witt, Greene, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Scott, Shelby
  • Rock Island division counties: Bureau, Hancock, Henderson, Henry, Knox, McDonough, Mercer, Rock Island, Schuyler, Warren
• Southern District
  • East St. Louis division counties: Alexander, Clark, Clay, Crawford, Cumberland, Edwards, Effingham, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, Lawrence, Massac, Perry, Pope, Pulaski, Richland, Saline, Union, Wabash, Wayne, White, Williamson
  • Benton Division: Bond, Calhoun, Clinton, Fayette, Jersey, Madison, Marion, Monroe, Randolph, St. Clair, Washington

Whoever starts a case in federal court needs to file it in a district court that has jurisdiction. Jurisdiction means the court has the authority to hear and decide the case. A federal district court has jurisdiction over a case when it involves:

• Federal law,
• Constitutional rights,
• Specific areas of law like intellectual property or bankruptcy,
• A dispute between residents of different states where more than $75,000 is at stake

And:

• The defendant lives in the state the district court is located in,
• The defendant lives in another state but performed the activity that is being challenged in the state the district court is located in, or
• The property in dispute is located in the state the district court is located in.

Because there are three district courts in Illinois, whoever begins the case must also decide which one is best to file in. Normally, the person starting the case will file in the district court covering the county:

• Where the defendant lives, or
• Where the crime or event leading to the court case happened.

If you want to sue a company in federal court, you usually have to file your case in the district where the company is based or where the challenged activity occurred. For example, if the company is headquartered in Chicago and the problem also happened there, you could file in the Northern District of Illinois.

Some contracts include something called a venue clause, which says where any lawsuit must be filed. If the contract says you have to sue in a specific place, you may be required to file your case there, even if it’s not where you live or where the problem happened.

Even if your case can be filed in federal court, it might not be the best option. State courts can sometimes be more convenient, faster, or better for certain types of claims. A lawyer can help you decide the best place to file.

Filing in the wrong court can cause delays or make you have to start over. There are two main mistakes people make:

• Wrong federal district court (venue issue): This means you correctly filed in federal court, but in the wrong location. The court can often move your case to the right location without making you start over.
• Wrong type of court (jurisdiction issue): You filed in federal court when your case should be in state court, or you filed in state court when it should be in federal court (for example, in bankruptcy cases). If this happens, the court may reject your case, and you’ll have to file it again in the correct court. Courts that don’t have jurisdiction can’t transfer cases.

If you realize you have filed in the wrong court, there are steps you can take to fix it:

• Filed in the wrong federal district court: Ask the judge to transfer your case to the correct court.
• Filed in the wrong type of court (state versus federal): Ask the court to dismiss your case “without prejudice” so that you are allowed to file again in the correct court.

To avoid these problems, there are places you can get help before filing. You can:

• Talk to a lawyer or a legal aid group,
• Check the court’s website, or
• Visit a court help center. 

No, you can represent yourself, but federal court can be complicated. If possible, you should contact a legal aid organization to see if they can assist you. You can also see the other resources listed below. 

You can contact the Clerk’s Offices for the three district courts in Illinois. Aside from the Northern District, they do not have dedicated help desks, but the Clerk’s office can help with any questions you have about procedure or forms.

• Northern district of Illinois clerk’s office
  • Hours: Monday through Friday, 8:30am to 4:30pm
  • Contact Information:
    • Chicago division:
      • Address: 219 S. Dearborn St., IL 60604
      • Phone: (312) 818-6675
    • Rockford division:
      • Address: 327 S. Church St., Rockford, IL 61101
      • Phone: (312) 435-5670
    • If you are representing yourself in the Northern District of Illinois, the Hibbler Help Desk may be able to assist with procedural questions. Appointments can be reserved through the desk’s reservation tool here. You can also call (312) 435-5691.
    • For assistance representing yourself in a bankruptcy proceeding in the Northern District of Illinois, there are help desks in both Chicago and Rockford:
      • Chicago:
        • Phone: (312) 229-6344
      • Rockford:
        • Phone: (815-491-8110
• Central district of Illinois clerk’s office
  • Hours: Monday through Friday, 8:00am to 5:00pm
  • Contact information:
    • Peoria division:
      • Address: 100 N.E. Monroe St., Peoria, IL 61602
      • Phone: (309) 671-7117
    • Springfield division:
      • Address: 600 E. Monroe St., Springfield, IL 62701
      • Phone: (217) 492-4020
    • Urbana division:
      • Address: 201 S. Vine St., Urbana, IL 61802
      • Phone: (217) 373-5830
    • Rock Island division:
      • Address: 211 19th St., Rock Island, IL 61201
      • Phone: (309) 793-5778
• Southern district of Illinois clerk’s office
  • Hours: Monday through Friday, 9:00am to 4:30pm
  • Contact information:
    • East St. Louis division:
      • Address: 750 Missouri Ave., East St. Louis, IL 62201
      • Phone: (618) 482-9371
    • Benton division:
      • Address: 301 W. Main St., Benton, IL 62812
      • Phone: (618) 439-7760
    • For electronic case filing assistance, email the help desk at: [email protected]

There are also legal aid organizations that offer free legal assistance for certain cases, here are a few:

• Land of Lincoln Legal Aid: Can help with federal court matters, including housing discrimination, consumer rights, and public benefits cases in central and southern Illinois.
• Prairie State Legal Services: Can help with federal litigation cases dealing with veterans’ rights, disability appeals, and consumer law issues.
• Legal Aid Chicago: Provides representation in some federal cases in northern Illinois.
• Southern Illinois University School of Law Civil Practice Clinic: This clinic provides representation in federal litigation cases involving civil rights, employment discrimination, and disability appeals in southern Illinois.
• Illinois Armed Forces Legal Aid Network: Can help with federal court appeals for VA benefits, discharge upgrades, and employment discrimination under USERRA. 

You can ask the court for a fee waiver. Fee waivers are dependent on your financial situation. Fee waivers for Illinois district courts are located here:

• Northern district of Illinois
• Central district of Illinois
• Southern district of Illinois

Sometimes a case that starts in state court can be moved to federal court. This is called “removal.” Removal can happen in two main situations:

• When the case involves federal laws or agencies, or
• When the parties in the case are located in different states and there is more than $75,000 at stake.

Only the defendant (the person being sued) can ask to remove a case to federal court. The plaintiff (the person who files the lawsuit) cannot use removal to move their own case to federal court after filing it in state court.

If you want to know whether the case you file in state court can be removed to federal court, you can look to the following for help:

• Talk to a lawyer or a legal aid group,
• Check the court’s website, or
• Visit a court help center.* 

Yes, for every claim there is a deadline (statute of limitations) by when you have to file a case. Some are as short as one year. If you miss this deadline, your case can be dismissed. Each law’s deadline is different, so you should always check the law or reach out to a legal aid organization for assistance.

Most documents must be filed electronically using the federal courts’ e-filing system. You can learn how to use it and access the correct portal on our federal e-filing portal page. However, Illinois federal district courts generally allow someone without a lawyer to file on paper. If you cannot e-file, you can ask the Clerk’s Office for permission to file on paper and where you should bring or mail your filings.

You can only file bankruptcy in federal bankruptcy courts. Each district court has a connected bankruptcy court. Here are links to the Illinois bankruptcy courts:

• Northern District of Illinois bankruptcy court
• Central District of Illinois bankruptcy court
• Southern District of Illinois bankruptcy court

For more information on filing bankruptcy, check out ILAO’s bankruptcy guide.

Court forms are how you communicate with the judge and other parties. By filing them, you can argue your case (complaint, answer, reply), ask the court to do something (motions), or notify the court about something (notices).

The official website for the federal court system has a library of court forms, but you should always check to see whether your district court has court forms of its own. This is because different districts have different rules that affect what each form needs. You can find forms for the Illinois district courts here:

• Northern District of Illinois court forms
• Central District of Illinois court forms
• Southern District of Illinois court forms

You can find appellate court forms on the Seventh circuit court of appeals website.

Lawyers use state or federal laws and decisions from cases with facts similar to their own to convince the judge or jury to decide in their favor. For information on legal research, visit our Doing your own legal research page.

If you think the district court made a mistake in your case, you may be able to appeal. This means asking the Court of Appeals to review what happened and decide if the district court got something wrong.

There are two kinds of mistakes a court can make:

• Mistake of fact: This happens when the district court gets the facts of a case wrong. For example, the court might believe a witness saw something they actually didn’t, misunderstand what the evidence shows, or miss an important detail.
• Mistake of law: This happens when the court applies the wrong law or interprets the law incorrectly. For example, the court might rule that a company did nothing wrong under a certain law, even though the law clearly says the company’s actions were illegal or there is disagreement about what the law actually says.

The Court of Appeals can correct mistakes of law, but it usually won’t change the facts of the case unless there is clear evidence the district court made a serious factual error. This is hard to prove, and the appeals court gives a lot of respect to the district court’s view of the facts–especially when witnesses testify in person.