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C.D. Ill. Crim. LR 58.2

Forfeiture of Collateral in Lieu of Appearance

activein force · 2024-02-01 – presentact-effective-date

Except as hereinafter provided, a person who is charged with an infraction as defined in 18

U.S.C. § 19, and which is specifically listed in a schedule published by order of this Court

pursuant to this Rule, may, in lieu of appearance, post collateral in the amount specified in

such schedule for the offense, waive appearance before a United States magistrate judge,

and consent to forfeiture of the collateral as the fixed sum payment referred to in Rule 58(d)

of the Federal Rules of Criminal Procedure.

If in the discretion of the law enforcement officer the offense is of an aggravated nature,

the law enforcement officer, notwithstanding any other provision of this Rule, may, in the

violation notice, require appearance, and any punishment established by law, including

fine, imprisonment or probation, may be imposed upon conviction. Nothing contained in

this Rule will prohibit a law enforcement officer from arresting a person for the

commission of any offense, including those for which collateral may be posted and

forfeited, and taking that person immediately before a United States magistrate judge or

requiring the person charged to appear before a United States magistrate judge, as provided

in the Federal Rules of Criminal Procedure.

BANKRUPTCY RULES

RULE 4.1 REFERENCE IN TITLE 11 CASES

All cases under Title 11, United States Code, and any or all proceedings arising under Title

11 or arising in or related to a case under Title 11 are referred to the bankruptcy judges for

the district.

RULE 4.2 JURY TRIAL PROCEDURES IN BANKRUPTCY COURT

The following procedures may apply to jury trials conducted by the bankruptcy Court in

this district.

(A) Designation of Bankruptcy Judges to Conduct Jury Trials

In bankruptcy cases filed on or after October 22, 1994, if the right to a jury trial

applies in a proceeding that may be heard by a bankruptcy judge, the bankruptcy

judges of this district are specially designated to exercise such jurisdiction, upon

the express consent of all the parties, and upon compliance with all of the terms and

conditions set forth in this Rule.

(B) Trial by Jury

Issues triable of right by jury will, if timely demanded, be by jury, unless the parties

or their attorneys of record, by written stipulation filed with the Court or by an oral

stipulation made in open Court and entered in the record, consent to trial by the

Court sitting without a jury.

(C) Demand

(1) Time; Forum

Any party may demand a trial by jury of any issue triable by a jury by

serving on the other parties a demand therefor in writing not later than 14

days after service of the last pleading directed to such issue. The demand

may be endorsed on a pleading of the party. When a jury trial is demanded,

it must be designated by the Clerk in the docket as a jury matter.

(2) Specification of Issues

In the demand, a party may specify the issues to be so tried; otherwise, the

demand will be deemed a demand for trial by jury of all the issues so triable.

If the demand for trial by jury is directed to some of the issues, any other

party, within 14 days after the service of the demand, or such lesser time as

the Court may order, may serve a demand for trial by jury of other or all of

the issues.

(3) Determination by Court

On motion, or on its own initiative, the presiding judge may determine

whether there is a right to trial by jury of the issues for which a jury trial is

demanded or whether a demand for trial by jury will be granted.

(D) Waiver and Withdrawal

The failure of a party to serve a demand as required by this Rule and to file it as

required by Federal Rule of Bankruptcy Procedure 5005, constitutes a waiver of

trial by jury. A demand for trial by jury made as herein provided may not be

withdrawn without the consent of all parties and the approval of the Court.

(E) Trial by the Court

Issues not demanded for trial by jury will be tried by the Court.

(F) Applicability of Certain of the Federal Rules of Civil Procedure

Federal Rules of Civil Procedure 47 through 51 will apply when a jury trial is

conducted pursuant to this Rule.

Provenance

Source
www.ilcd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
a890bcd0d0343d0949ea47491362a783f4ce61ab8d00a9547f78777055e59f56
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