Circuit Court of Alexander County, Illinois (1st Judicial Circuit) Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

Motions to continue must comply with Local Rule 2.4.

All Motions to Continue must comply with Local Rule 2.4.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)).

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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):