Circuit Court of Alexander County, Illinois (1st Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Adjournments
- All matters set for trial are continued for 60 days from the entry of the Illinois Supreme Court order dated March 20, 2020.
- Criminal matters set for trial are continued for 60 days from the entry of the Illinois Supreme Court order dated March 20, 2020, and the resulting delay is not attributable to the State or the defendant for purposes of section 103-5.
- A trial continuance may not be granted solely because of substitution or addition of attorneys, unless good cause is shown by motion and affidavit.
- +18 more
Request must include
Communication
Phone
Chambers
Document Format Requirements3 rules
Petitioners: Numbers with the case number. Example: Ex. 1 25-DC-1
Respondents: Letters with the case number. Example: Ex. A 25-DC-1
Exhibits shall be marked and not use duplicative numbering.
- Exhibits
Formatting
- •Exhibits shall be marked and must not use duplicative numbering
Document Filing Requirements36 rules
Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.
- Document
- Written order or judgment
Must include
- •Certificate of service
All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.
If there is no applicable Standing Order, you must ask the judge presiding over the case for permission to appear remotely, in a written motion.
Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing.
Ex parte or emergency motions and motions in accordance with stipulations for agreed orders may be presented without a setting. Every such motion shall be accompanied by a proposed order.
- Document
- Motion
Must include
- •Proposed order
Each such motion shall specifically set forth its factual and legal basis. Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.
In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.
The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.
In small claim cases, the "Notice to Defendants" required on the summons by Supreme Court Rule 101(b)(1) shall set out the text of Rule 3.1.
Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.
Before imposing sanctions on a pro se litigant in the specified civil contempt cases, the court must determine willfulness and provide contempt notice and an opportunity to complete a financial affidavit on Chief Judge-approved forms.
Court's wording
In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.
Before an order to show cause may issue for any other claim of alleged indirect civil contempt, the petition must be supported by affidavit meeting the requirements of Supreme Court Rule 191.
Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the listed information.
Court's wording
Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.
Disclosures made pursuant to Supreme Court Rules 412 and 413, and Sections 114-9 and 114-10 of the Code of Criminal procedure, shall not be filed with the clerk of the court except with prior leave of court for good cause shown. Counsel shall file a certificate of compliance with discovery orders.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference.
If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
The mediator shall immediately advise the trial judge in writing if he or she suspends or terminates mediation for some reason other than agreement or inability to reach agreement, specifying the reason for such termination.
Promptly after mediation concludes, the mediator must file the Chief Judge’s form reporting agreed issues or an unsuccessful conclusion, without stating why the parties could not agree.
Court's wording
Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
The mediator must file a signed written report stating whether mediation resulted in a full, partial, or no agreement.
Court's wording
The mediator shall report to the court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendation.
If good cause for an e-filing exemption is not shown, the court must issue an order stating specific reasons and requiring the litigant to e-file thereafter.
Court's wording
Judges retain discretion to determine whether good cause is shown. If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.
A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.
The filed document shall be endorsed with the clerk's electronic file mark setting forth, at a minimum, the identification of the court, the clerk, the date, and the time of filing.
All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.
All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.
Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.
Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum.
No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.
Verification of attendance shall be submitted to the Office of the Chief Circuit Judge at the time of attendance or upon request.
Each attorney must complete the Child Representative Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.
When specified parenting issues are disputed, all parties must complete an approved parenting-education program and provide proof of attendance to the court.
Court's wording
All parties are required to attend and complete a program of parenting education, when child custody, allocation of parental responsibilities, visitation, or parenting time issues are in dispute. The Chief Judge’s Office shall keep a listing of all programs approved by the circuit judges for this education. Proof of attendance shall be provided to the court by the parties per Supreme Court Rule 924.
In criminal proceedings, the defendant has a constitutional right to be present in court at every stage in the proceedings. The judge should make a record at the beginning of the proceeding and inquire whether he defendant is aware of his or her right to be physically present in court and whether he or she is waiving that right.
Filing & Service rules
Electronic Filing Rules
Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office unless the requirement has been waived for a self-represented litigant.
All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.
Page 2 | 15
Facsimile filing is prohibited.
Facsimile filing is not authorized.
Page 8 | Rule 1.14 No Facsimile Filing
Pleadings, motions, and other papers may be filed in person or by mail.
All pleadings, motions, and other papers shall be filed in person or via mail.
Page 8 | Rule 1.14 No Facsimile Filing
The statement of the case and witness list must be electronically filed before the final pretrial.
A statement of the case and a list of witnesses shall be efiled with the Court prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Evidence depositions and exhibits must be submitted electronically through the Court's efile system.
All evidence depositions and exhibits are to be submitted electronically through the Court's efile system.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
The proponent must provide the Court with a paper copy of any exhibit requested for the jury during deliberations.
The proponent, of any exhibit requested to go to the jury during deliberations, shall provide the Court a paper copy of the same.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Counsel and self-represented litigants must submit proposed orders through Odyssey at least 3 days before the hearing or bring paper copies to the hearing.
Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.
Page 1 | Proposed Orders
Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office, except when the requirement has been waived for a self-represented litigant.
All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.
Page 2 | SECOND AMENDED STANDING ORDER FOR REMOTE HEARINGS AND SCHEDULING IN JUDGE SANDERS' PROBATE, CHANCERY, DIVORCE AND FAMILY CASES
Electronic filing is authorized only as adopted by the counties and approved by the Chief Judge.
Electronic filing shall be authorized as adopted by the various counties and approved by the Chief Judge.
Page 8 | Rule 1.14 No Facsimile Filing
All documents in civil cases must be electronically filed using a Supreme Court-approved system unless an exemption applies.
Unless exempt as provided in paragraph (c), all documents in civil cases shall be electronically filed with the clerk of court using an electronic filing system approved by the Supreme Court of Illinois.
Page 30 | Rule 9.1 ELECTRONIC FILING OF DOCUMENTS
Filing Timing and Cure Windows
Filing deadlines for motions and pleadings that fall on a listed legal holiday extend to the next business day of the Court.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Written argument or memoranda allowed or directed by the court must be submitted promptly and no later than 30 days thereafter, unless the court orders otherwise.
In the event that written argument and/or memoranda are allowed or directed by the court, said written argument or memoranda shall be submitted promptly, no later than 30 days thereafter, unless otherwise ordered by the Court.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
A tendered draft order or judgment may be entered immediately unless an objection is made within five working days after service.
The draft tendered may be entered forthwith unless objection is made within five workings days after service of the draft.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
A party opposing a pre-trial or post-trial motion must submit an answering memorandum stating its reasons and citing relevant authorities within ten days of filing.
Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities
Page 12 | Rule 2.1(B)
The mediator must file the report in the case court file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within fourteen (14) days after the last day of mediation.
Page 27 | J. Completion of Mediation
A document submitted when the clerk’s office is closed is file stamped on the next day the office is open, unless the document is rejected.
A document submitted on a day when the clerk's office is not open for business will, unless rejected, be file stamped as filed on the next day the clerk's office is open for business.
Page 31 | D. Timely Filing
Unless another authority sets a time-of-day deadline, a document is timely if submitted before midnight in the court’s time zone on or before its due date.
Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely if submitted before midnight (in the court's time zone) on or before the date on which the document is due.
Page 31 | D. Timely Filing
The deadline to file motions and pleadings is extended to the next business day when it falls on a legal holiday.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
The proponent must file evidence depositions and exhibits at least 14 days before the final pretrial.
The proponent of any evidence deposition and/or exhibits shall file the same with the Court at least 14 days prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Motions in limine must be filed at least 7 days before the final pretrial.
The deadline to file motions in limine is 7 days prior to the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
A motion requesting remote appearance must be filed at least 3 days before the hearing.
Any motion requesting such appearance shall be filed at least 3 days prior to said hearing.
Page 1 | In-Person Appearances and Hearings; Remote Appearance Requests
Proposed orders must be submitted through Odyssey at least 3 days before the hearing, unless paper copies are brought to the hearing.
Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.
Page 1 | Proposed Orders
Filing deadlines for motions and pleadings are extended to the Court’s next business day.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Filing deadlines for motions and pleadings are extended to the next business day of the Court when they fall on a legal holiday.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
The deadline for filing motions and pleadings is extended to the next business day when it falls on a legal holiday.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | Special Order Legal Holidays
The time to file motions and pleadings is extended to the next business day of the Court.
(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.
Page 1 | Extension of Time for Filing Motions and Pleadings
For evidentiary proceedings, a written motion requesting remote participation must be filed at least two days before the hearing, and approval is within Judge Gill’s sole discretion.
For evidentiary proceedings, parties and attorneys may submit a request to participate in the hearing remotely, by written motion, filed at least 2 days prior to the hearing. Said requests shall be within the sole discretion of Judge Gill.
Page 1 | STANDING ORDER FOR REMOTE HEARINGS FOR JUDGE GILL'S CASES
A written motion requesting audio-only participation or participation without a full name must be filed at least one day before the hearing.
Persons without video capabilities, or without the ability to join with a full name, may request to participate in the remote hearing via audio only, or without a full name, by written motion to the Court, filed at least 1 day prior to the hearing.
Page 1 | STANDING ORDER FOR REMOTE HEARINGS FOR JUDGE GILL'S CASES
When a matter is taken under advisement, the docket entry must direct the clerk to pull the file for the judge’s review within 30 days unless a decision has already been made.
When the Court takes any matter in any case under advisement, that fact shall be noted in a docket entry, which shall direct the clerk to pull the file for the judge’s review within 30 days from the date the matter was taken under advisement, unless a decision has been made in the interim.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
If no decision has been made within 60 days of the matter being taken under advisement, that fact shall be noted in a docket entry, and a copy of that docket entry shall be sent to the Chief Judge’s Office.
If no decision has been made within 60 days of the matter being taken under advisement, that fact shall be noted in a docket entry, and a copy of that docket entry shall be sent to the Chief Judge’s Office.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
If no decision has been made within 30 days after a matter is taken under advisement, a docket entry must direct another file review within 30 days thereafter unless a decision is made in the interim.
If no decision has been made within 30 days of the matter being taken under advisement, that fact shall be noted in a docket entry, which shall direct the clerk to pull the file for the judge’s review within 30 days thereafter, unless a decision has been made in the interim.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
If no order or judgment has been entered within 60 days after the Court’s decision, that fact shall be noted in a docket entry, a copy of which shall be sent to the Chief Judge’s Office.
If no order or judgment has been entered within 60 days after the Court’s decision, that fact shall be noted in a docket entry, a copy of which shall be sent to the Chief Judge’s Office.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
If a proposed order or judgment has not been presented within 30 days after the court’s decision, a docket entry must direct the clerk to pull the file for review within 30 days thereafter unless the order or judgment is entered in the interim.
If the proposed order or judgment has not been presented to the Court within 30 days after the Court’s decision, that fact shall be noted in a docket entry, which shall direct the clerk to pull the file for the judge’s review within 30 days thereafter, unless the order or judgment has been entered by the Court in the interim.
Page 7 | Rule 1.12 Preparation of Judgments and Orders
Circuit clerk offices are generally open Monday through Friday, with hours varying by county population and exceptions for holidays and emergency closures.
Offices of the circuit clerk shall be open Monday through Friday of each week except on state legal holidays or days celebrated as such, or when court is closed by the presiding judge of the county because of natural causes or other hazards creating an emergency. In counties having a population of 25,000 or more, office hours shall be from 8:00 A.M. to 4:00 P.M. In counties having a population of less than 25,000, office hours shall be from 8:00 A.M. to 12:00 noon and from 1:00 P.M. to 4:00 P.M.
Page 8 | Rule 1.13 Circuit Clerk Office Hours and Holidays
A party may seek appropriate relief upon good cause if a court-approved electronic filing system technical failure makes a document untimely.
If a document is untimely due to any court-approved electronic filing system technical failure, the filing party may seek appropriate relief from the court, upon good cause shown.
Page 31 | D. Timely Filing
A party may seek appropriate relief upon good cause if a clerk’s rejection makes a document untimely.
If a document is rejected by the clerk and is therefore untimely, the filing party may seek appropriate relief from the court, upon good cause shown.
Page 31 | D. Timely Filing
If no objection is raised within five days after a proposed order is submitted, the Court may enter it.
If no objection is raised within five (5) days of the submission of the proposed order, the Court may enter the order.
Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES
The report must be submitted quarterly or as otherwise requested by the Office of the Chief Judge.
Said report shall be submitted on a quarterly basis or as otherwise requested by the Office of the Chief Judge.
Civil cases
Page 3 | REPORTING REQUIREMENTS
Service and Proof of Service Rules
Pre-trial and post-trial motions must be served on all parties of record before filing, except ex parte or emergency motions.
Every pre-trial and post-trial motion shall be in writing and (unless it be an ex parte or emergency motion) shall be served on all parties of record before filing.
Page 12 | Rule 2.1(A)
Specified interrogatories, discovery materials, and depositions must be served with proof of service on other counsel or parties, must not be filed with the clerk, and their originals must be retained by the serving party as custodian.
A. Restrictive Filing of Discovery. Interrogatories under Supreme Court Rules 213 and 220, and the answers thereto, discovery of documents and other materials under Supreme Court Rule 214, and depositions under Supreme Court Rules 206 and 207 shall be served with proof of service upon other counsel or parties, but shall not be filed with the clerk of the court. The party responsible for service of the discovery material shall retain the original and become the custodian.
Page 13 | Rule 2.5 Discovery
A signed, file-marked judgment must be served on the contemnor, and proof of service must be filed.
A signed, file-marked copy of the judgment shall be served upon the contemnor, and proof of service shall be filed.
Page 15 | Rule 4.7 Judgment of Contempt
A signed, file-marked order to show cause must be personally served on the respondent in the manner of summons, with appearance set 21 to 40 days after issuance and service at least seven days before appearance.
A signed and file-marked copy of the order to show cause shall be personally served upon the respondent in the manner of summons requiring an appearance not less than 21 days nor more than 40 days after issuance, and shall be served not less than seven days before the day for appearance.
Page 15 | Rule 4.3 Service
After a Mediation Order appoints a mediator, the Circuit Clerk must mail or fax the Order and specified case materials to the mediator.
Upon entry of a Mediation Order appointing a mediator, the Circuit Clerk shall: a. Mail or fax a copy of the Order to the mediator together with copies of the following: b. Record sheets and pleadings in dispute, and c. Financial affidavits and pre-mediation questionnaires, if any.
Page 20 | 2. Subject Matter of Mediation; Mandatory Participation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 27 | J. Completion of Mediation
Each litigant must receive mailed notice when the case is rescheduled.
Each party litigant shall receive a notice in the mail upon rescheduling.
Page 2
Each litigant must receive mailed notice when the case is rescheduled.
Each party litigant shall receive a notice in the mail upon rescheduling.
Page 1 | Postponed Case Categories
The clerk must forward the dismissal order to all attorneys and unrepresented parties of record.
The clerk of the court shall forward a copy of the order of dismissal to all attorneys and unrepresented parties of record.
Page 6 | RULE 1.10 DISMISSAL FOR WANT OF PROSECUTION
When directed by the judge to place an inactive probate case on a docket call, the clerk must notify the last known attorney of record, personal representative, or both, of its time and place.
Whenever a judge of the circuit court determines that a probate case (decedent's estate or guardianship) has remained inactive for a considerable time, he or she may direct the clerk of the court to place the case on a docket call, and the clerk shall give notice, as directed by the judge, to the last known attorney of record or personal representative, or both, of the time and place of the docket call.
Page 6 | RULE 1.6 INACTIVE STATUS OF PROBATE MATTERS
Litigants must receive mailed notice upon rescheduling and should keep their mailing addresses current.
Each party litigant shall receive a notice in the mail upon rescheduling. Litigants are directed to ensure that their mailing addresses are updated and current.
Page 1 | Postponed Case Categories
Filing Fees and Waivers
A $2.00 Dispute Resolution Fund fee is due from the party initiating a civil action when filing the first pleading, except for proceedings commenced by or on behalf of a unit of local government.
The Clerks of the Circuit Court in each county shall upon entry of this Order, begin to charge and collect a Dispute Resolution Fund fee of TWO DOLLARS ($2.00) in all civil cases except in proceedings commenced by or on behalf of a unit of local government. Such fee shall be paid by the party initiating the action at the time of filing the first pleading.
Civil cases
Page 1 | WHEREFORE IT IS ORDERED
Sealing & Redaction Procedures
Depositions filed under Supreme Court Rule 414(d) must remain sealed until the court orders them opened.
Depositions filed in accordance with Supreme Court Rule 414(d) (incorporating Rule 207) shall remain sealed until ordered opened by the court.
Page 16 | Rule 6.1 Restrictions on Filing Papers in Criminal Cases
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 19 | 2. Subject Matter of Mediation; Mandatory Participation
The assigned judge may remove covered previously filed materials and return them to the filer or order them sealed, and must make a docket entry either way.
At the discretion of the judge assigned to a case, previously filed materials which are subject to this rule may either be removed from the file and returned to the party filing them or ordered sealed. In either such event, the judge shall make an appropriate docket entry.
Page 16 | Rule 6.1 Restrictions on Filing Papers in Criminal Cases
Pre-Motion Conference Requirements
All motions in limine will be argued at the final pretrial.
All motions in limine will be argued at the final pretrial.
Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET
Adjournment & Extension Requirements
Criminal matters set for trial are continued for 60 days from the entry of the Illinois Supreme Court order dated March 20, 2020, and the resulting delay is not attributable to the State or the defendant for purposes of section 103-5.
IT IS FURTHER ORDERED that all criminal matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020. Any delay resulting from this emergency continuance order shall not be attributable either the State or the defendant for the purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).
Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT PURSUANT TO COVID-19 PANDEMIC/IMPACT ON TRIALS
All matters set for trial are continued for 60 days from the entry of the Illinois Supreme Court order dated March 20, 2020.
IT IS THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that all matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020.
Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT PURSUANT TO COVID-19 PANDEMIC/IMPACT ON TRIALS
A trial continuance may not be granted solely because of substitution or addition of attorneys, unless good cause is shown by motion and affidavit.
A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown by motion and affidavit.
Page 12 | Rule 2.4(C)
Before filing a continuance motion, the movant must attempt to contact the adverse party, state their position in the motion, and provide written details of unsuccessful contact attempts or nonresponse.
E. Notice to Adverse Party. The attorney or party moving for continuance must attempt to contact the adverse party or his or her attorney prior to filing the motion for continuance. The motion shall state whether the adverse party or attorney agrees or objects to the motion. If the adverse party or attorney is not contacted or does not respond, the movant shall provide the court, in writing, with the details of the attempts to contact the adverse party or attorney or the failure of the adverse party or their attorney to respond.
Page 13 | Notice to Adverse Party
An emergency continuance motion must state the nature of the emergency and why the adverse party or attorney could not be contacted before filing.
F. Emergency Motion. If a motion for continuance is filed in an emergency situation, the movant must state the nature of the emergency and the reasons why the adverse party or attorney could not be contacted prior to the filing of the motion.
Page 13 | Emergency Motion
Matters returnable on a legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Matters scheduled for a listed legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | Special Order Legal Holidays
Delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or juvenile for purposes of the juvenile-trial statute.
Regarding juvenile delinquency proceedings, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the juvenile for purposes of section 5-601 of the Illinois Juvenile Court (705 ILCS 405/5-601 (West 2018)) Trial.
Page 1 | In the Matter of Court Operations in the First Judicial Circuit Pursuant to COVID-19 Pandemic/Impact on Trials
Delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or defendant for criminal speedy-trial purposes.
Regarding criminal proceedings, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) Speedy Trial, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the defendant for purposes of 725 ILCS 5/103-5 (West 2018).
Page 1 | In the Matter of Court Operations in the First Judicial Circuit Pursuant to COVID-19 Pandemic/Impact on Trials
Motions to continue must comply with Local Rule 2.4.
All Motions to Continue must comply with Local Rule 2.4.
Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES
Continuances occasioned by the order are excluded from the speedy-trial computations under the cited criminal and juvenile statutes.
The continuances occasioned by this Order serve the ends of justice and outweigh the best interests of the public and defendants in a speedy trial. Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018)) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018)).
Page 1 | Trial Continuances and Speedy Trial Computations
For a trial delay caused by distancing or facilities limitations, the assigned judge must find that the limitations necessitated the delay and make a record of the finding.
If a trial is continued due to proper distancing and facilities' limitations causing the continuance, the delay, the judge assigned to that case must find that such limitations necessitate the continuance, the delay, and shall make a record of such finding.
Page 1 | Trial Continuances Due to Distancing and Facilities Limitations
The judge assigned to a criminal or civil case decides whether to continue the trial.
The Chief Judge, First Judicial Circuit, designates the judge assigned to a criminal or civil case to make the determination, to decide, whether a trial is to be continued.
Page 1 | Trial Continuances Due to Distancing and Facilities Limitations
The cited statutory time restrictions are tolled until further order of the Court.
Statutory time restrictions in section 103-5 of the Code of Criminal Procedure of 1963 and section 5-601 of the Juvenile Court Act shall be tolled until further order of this Court.
Page 1 | Trial Continuances and Speedy Trial Computations
All matters returnable on a legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | Matters Returnable on Legal Holidays
Scheduled court dates for the enumerated case categories are postponed through May 1, 2020, and rescheduling is to begin June 1, 2020.
IT THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that the hereinabove enumerated case categories which have a scheduled court date are postponed to and including Friday, May 1, 2020. As of this date, April 27, 2020, the rescheduling of said case categories is to begin on Monday, June 1, 2020.
Page 2 | Postponed Case Categories
If mediation is not completed within 60 days of assignment, either party may petition the court for additional time.
In the event that mediation is not complete within said sixty (60) days, either party may petition the court for additional time.
Page 26 | Rule 8.1 - Mediation Procedure
Matters returnable on a legal holiday are continued to the Court’s next business day.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Matters returnable on a legal holiday are continued to the next business day of the Court.
(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.
Page 1 | SPECIAL ORDER LEGAL HOLIDAYS
Chief Judges may continue trials until further order of the Illinois Supreme Court.
The Chief Judges of each circuit may continue trials until further order of this Court.
Page 1 | In the Matter of Court Operations in the First Judicial Circuit Pursuant to COVID-19 Pandemic/Impact on Trials
A motion to continue that does not comply with Local Rule 2.4 could be denied.
Failure to comply with said Rule could subject the motion being denied.
Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES
The listed proceedings remain scheduled with appearances expected unless a travel or health exemption applies.
The following court proceedings will be held as scheduled, with appearances expected for all litigants, unless travel or health exemptions apply (see below):
Page 2 | Proceedings Held as Scheduled
Chambers Communication Rules
Individuals seeking to schedule an emergency matter must contact the county Circuit Clerk to seek Court approval.
Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.
Page 2
Individuals seeking approval to schedule an emergency matter must contact the Circuit Clerk in the county where the case will be heard.
Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.
Page 1 | Postponed Case Categories
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 2 | Travel or Health Exemptions
Call the Judicial Secretary at the listed number if you have any difficulties.
If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.
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If unable to appear at the courthouse because of the stated restrictions, contact the Circuit Clerk in the county where the case is pending.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 3 | Unable to Appear Because of the Above Restrictions
Emergency matters may be scheduled individually, and individuals must contact the county Circuit Clerk to seek court approval.
Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.
Page 1 | In the Matter of Court Operations in the First Judicial Circuit Pursuant to COVID-19 Pandemic
Attorneys and litigants who cannot appear because of the listed travel or health restrictions should contact the county Circuit Clerk where the case is pending.
If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.
Page 2 | Travel or Health Exemptions and Contacting the Circuit Clerk
Litigants may contact the Circuit Clerk in the county where their case is pending with questions.
Litigants may contact the Circuit Clerk in the county of the pending case with any questions.
Page 1 | In the Matter of Court Operations in the First Judicial Circuit Pursuant to COVID-19 Pandemic
Call the Judicial Secretary at the listed number if you have difficulties.
If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.
Page 2 | SECOND AMENDED STANDING ORDER FOR REMOTE HEARINGS AND SCHEDULING IN JUDGE SANDERS' PROBATE, CHANCERY, DIVORCE AND FAMILY CASES
Litigants may contact the county Circuit Clerk with questions about the pending case.
Litigants may contact the Circuit Clerk in the county of the pending case with any questions.
Page 1 | Postponed Case Categories