Circuit Court of Boone County, Illinois (17th Judicial Circuit)

A protective-order petition may be filed in person, by email, or online.

In accordance with the amendment of the Code of Criminal Procedure of 1963, the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986, the 17th Judicial Circuit establishes policies and procedures to allow a person to file a petition for a protection order, stalking no contact order, civil no contact order, or order of protection (“protective order”) either in-person, by email, or online.

Page 1 | 14.10 REMOTE FILINGS AND COURT APPEARANCES — INTRODUCTION

A request for a remote emergency protective order may be filed from 8:00 a.m. to 4:30 p.m. through illinoisprotectionorder.org or another chosen electronic filing system.

A request for an remote emergency protective order may be filed during the business hours of 8:00am to 4:30pm using illinoisprotectionorder.org or another electronic filing system of choice.

Page 1 | 14.10 REMOTE FILINGS AND COURT APPEARANCES — A. FILING OF REMOTE PROTECTIVE ORDERS

Briefs and memoranda of law filed with the Winnebago County Circuit Court must be filed through Winnebago County’s Electronic Filing System.

No briefs or memoranda of law may be filed with the Clerk of the Winnebago County Circuit Court except for filings made through Winnebago County’s Electronic Filing System.

Civil cases

Page 1 | 11.06 FILING OF BRIEFS OR MEMORANDUMS OF LAW

Prove-up packets must be filed through eFileIL as separate documents in one e-filing envelope and exchanged by 4:30 p.m. three business days before the hearing, unless an e-filing waiver is granted.

Prove-up packets shall be submitted through eFileIL as separate documents in the same e-filing envelope and exchanged by 4:30 pm three business days before the hearing, unless E-Filing Waiver is granted.

Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

Courtesy copies for the judge must be submitted through eFileIL as separate documents in the same e-filing envelope unless an e-filing waiver is granted.

Courtesy copies for the judge shall be submitted/delivered through eFileIL, as separate documents in the same e-filing envelope, unless an E-Filing Waiver is granted.

Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

Orders should no longer be submitted, whether in paper form or by email, to the Judge, Trial Court Administration, or the Clerk.

Orders should no longer be submitted, whether in paper form or by email, to the Judge, Trial Court Administration, or the Clerk.

Page 1 | 9.14 Submission of Agreed or Proposed Orders - Civil and Family Cases

Agreed and proposed orders in civil and family cases must be submitted electronically through the process established by the respective Circuit Clerk.

Effective immediately, submission of agreed or proposed orders on all civil and family cases is to be accomplished electronically via the process established by the respective Circuit Clerk.

Page 1 | 9.14 Submission of Agreed or Proposed Orders - Civil and Family Cases

Exhibits and photographs must be filed conventionally in Winnebago County and electronically in Boone County.

Exhibits and photographs shall be filed in a conventional manner in Winnebago County and electronically in BooneCounty.

Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES

The Clerk of the Circuit Court shall accept and approve electronic filings submitted through a Vendor or the Clerk’s computer workstation.

The Clerk of the Circuit Court shall accept and approve filings electronically through a Vendor or through the Clerk’s computer workstation.

Page 1 | E. AUTHORIZED USERS

Electronic filing must not prevent or exclude conventional paper filing of a valid pleading.

At no time shall the ability to file electronically prevent or exclude the ability to file any valid pleading with the Clerk of the 17th Judicial Circuit Court in conventional paper format.

Page 1 | F. METHOD OF FILING

Electronic filing is authorized for civil cases except Will Filing cases.

This Court hereby authorizes all civil case types with the exception of W (Will Filing) as permissible electronic filing case types.

Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES

Electronic filing must not prevent or exclude filing a valid pleading in conventional paper format.

At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk of the 17th Judicial Circuit Court in conventional paper format.

Page 1 | E. AUTHORIZED USERS

Wills, specified documents, and documents filed directly with the judge must be filed conventionally, not electronically, subject to the stated notices and county-specific rules for exhibits and photographs.

With exception to the Notice of Personal Identity Information Within Court Filing per Supreme Court Rule 15 effective January 1, 2012, and the Notice of Confidential Information With Court Filing per Supreme Court Rule 138, effective July 1, 2013, wills (or other testamentary documents), documents required to be maintained in original form pursuant to the Manual on Recordkeeping, and notices in entirely impounded, sealed, expunged, or confidential cases, in addition to individual documents to be sealed or impounded or documents that are filed directly with the judge (e.g. proposed orders) shall be filed in the conventional manner of filing and not by e-filing.

Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES

Users must register with the Clerk and the authorized e-filing Vendor before electronically filing a document.

Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court’s authorized e-filing Vendor.

Page 1 | E. AUTHORIZED USERS

Fee petitions must include a detailed invoice and proposed fee order, and must be e-filed when e-filing is mandated or submitted over the counter when it is not.

Fee Petitions, accompanied by a detailed invoice and proposed Order for Attorneys Fees, shall be e-filed in those cases where e-filing is mandated and be submitted over-the-counter in those cases where e-filing is not mandated.

Page 1 | 2.17 FILING AND APPROVAL OF ATTORNEY FEE PETITIONS, B.1

Proposed orders must be submitted through eFileIL as separate documents in the same e-filing envelope unless e-filing is unavailable for the case type.

Proposed Orders shall be submitted or delivered through eFileIL, as separate documents in the same e-filing envelope, unless e-filing is not available for the case type.

Page 1 | 2.10 REMOTE COURT APPEARANCES, E.5(c)

A report of proceedings for uncontested grounds may not be filed unless a party requests it or the court orders it.

The report of proceedings for uncontested grounds shall not be filed unless requested by a party or ordered by the court.

Page 1 | 14.04 TRANSCRIPTS

An order may be submitted only once and must not be submitted electronically as well as tendered in open court.

An order may be submitted only once (e.g., do not submit an order electronically and also tender one in open court)

Page 1 | 9.14 Submission of Agreed or Proposed Orders - Civil and Family Cases

A filer cannot set a hearing solely by sending a message with an e-filing.

Hearings may not be set solely by the Filer by use of a message accompanying an e-filing.

Page 1 | F. METHOD OF FILING

The Court must review a pro se party’s noncompliant-format document before rejecting it.

Documents filed by pro se parties that do not comply with the formats set forth by the applicable statute or rule shall be reviewed for acceptance by the court prior to rejection.

Page 1 | I. FORMAT OF DOCUMENTS

The Clerk may reject electronically filed document types that have not been approved, including original wills.

The Clerk of the Court may reject any unapproved document type filed electronically by a subscriber, including but not limited to original wills.

Page 1 | C. DESIGNATION OF ELECTRONIC FILING CASE TYPES

If the Clerk requests a hard copy of an electronically filed document, the filing party must provide it within five business days upon reasonable notice.

At any time, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document which shall be provided upon reasonable notice within five business days.

Page 1 | G. MAINTENANCE OF ORIGINAL DOCUMENTS

The Court authorizes and encourages electronic filing in the designated cases.

The Circuit Court hereby authorizes and encourages electronic filing in each of the designated cases as identified in Section C above.

Page 1 | F. METHOD OF FILING

File the specified motion slip with the circuit clerk by noon on the day before the contested motion hearing.

Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard. (See General Order 3.02)

Page 1 | 7.04 GENERAL DIVISION: CONTESTED MOTIONS - WINNEBAGO COUNTY

Pre-trial motions must be filed within 21 days after the initial pre-trial conference unless good cause is shown and the court grants leave to file later.

Pre-trial motions shall be filed within twenty-one (21) days after the initial pre-trial conference, but for good cause shown may be filed at a later date by leave of court.

Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — B. Pre-Trial Motions

After the first report, the receiver must file additional reports at least annually.

Additional receiver reports shall be filed at least annually thereafter.

Civil cases

Page 1 | 13.06 REPORT OF RECEIVERS

The receiver must file the first report when filing the inventory.

The first report of the receiver shall be filed at the time of filing of the inventory.

Civil cases

Page 1 | 13.06 REPORT OF RECEIVERS

Within 30 days after appointment, the receiver must file a detailed report and inventory identifying all estate property and the property in the receiver’s possession or control.

No later than thirty (30) days after appointment, the receiver shall file with the court a detailed report and inventory of all property, real and personal, of the estate and shall delineate the property then within the receiver's possession or control.

Civil cases

Page 1 | 13.04 INVENTORIES OF RECEIVERS

The receiver must file a final report when the receivership terminates.

A final report shall be filed upon the termination of the receivership.

Civil cases

Page 1 | 13.06 REPORT OF RECEIVERS

Unless the court orders otherwise, the Pre-Trial Memorandum must be presented five days before the conference or merits hearing, but is not required for temporary relief or cases without contested grounds or issues.

Unless otherwise ordered by the court, the Pre-Trial Memorandum shall be presented to the court five (5) days prior to any pre-trial conference or hearing on the merits. A pre-trial memorandum is not required for temporary relief or in those cases in which no contested grounds or issues exist.

Page 1 | 14.03 PRE-TRIAL MEMORANDUM

The parties or their attorneys must present each mediated agreement to the court within 30 days after the final Mediator’s Report is filed.

A. Presentation of Order: Each mediated agreement shall be presented by the parties or their attorneys (if any) to the court within thirty (30) following the filing of the final Mediator’s Report.

Page 1 | 14.08 MEDIATION PROGRAM FOR CHILD CUSTODY, VISITATION AND REMOVAL — RULE 9

The mediator must prepare the prescribed report and file it with the circuit clerk within 10 days after the last mediation session ends.

1.Mediator’s Report: The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session. These reports will be filed with the circuit clerk. (See Appendix BB).

Page 1 | 14.08 MEDIATION PROGRAM FOR CHILD CUSTODY, VISITATION AND REMOVAL — RULE 8

In pending cases where child support has been or will be requested, each attorney of record or pro se party must file a completed Child Support Data Sheet within 15 days after receiving a copy of the rule.

In all pending Dissolution of Marriage (D), Order of Protection (OP), and Family (F) cases in which child support has been, or will be, requested, a properly completed "CHILD SUPPORT DATA SHEET" is to be filed with the Circuit Clerk by each attorney of record or pro se party in those cases within fifteen (15) days after receiving a copy of this Local Rule.

Page 1 | 14.075 CHILD SUPPORT DATA SHEET REQUIRED

Each party must file and serve their financial affidavit on the other party before any temporary financial hearing.

Each party shall file and serve on the other party his or her Financial Affidavit prior to any temporary financial hearing pursuant to Illinois Supreme Court Rule.

Page 1 | 14.02 FINANCIAL AFFIDAVITS

An applicant denied inclusion on or removed from the approved provider list may appeal in writing to the Presiding Judge of the Family Division within 10 days.

D. Denial/Removal from the List: An applicant denied inclusion on or removed from the court approved list may appeal the decision in writing within ten (10) days to the Presiding Judge of the Family Division. The Presiding Judge of the Family Division shall decide the appeal after an opportunity for the applicant or provider to be heard.

Page 1 | 14.11 CONCILIATION CONFERENCE PROGRAM — V. QUALIFICATIONS OF CONCILIATION PROVIDERS

The parties or their attorneys must present each mediated agreement to the court within forty-five (45) days after the final Mediator’s Report is filed.

A. Presentation of Order: Each mediated agreement shall be presented by the parties or their attorneys to the court within forty-five (45) days following the filing of the final Mediator’s Report.

Page 1 | 14.09 FINANCIAL MEDIATION PROGRAM (PILOT PROGRAM) — RULE 10

In the specified uncontested or default proceedings, the reports must be transcribed and filed by the assigned court reporter within 30 days after the hearing, unless the court waives the requirement by order.

In uncontested or default proceedings which includes grounds and remaining issues or only remaining issues, the said reports shall be transcribed. Payment of said fee shall be the responsibility of the attorney representing the party seeking dissolution. Within thirty (30) days of the date of the uncontested or default hearing the transcript of the proceeding shall be prepared unless waived by order of court and filed with the clerk of the court by the assigned court reporter.

Page 1 | 14.04 TRANSCRIPTS

Boone County motions may be scheduled by calling the clerk, but the clerk will not place a motion on the hearing calendar unless the motion and notice of motion are received before 3:00 P.M. two days before the hearing.

Contested and uncontested motions may be scheduled by a telephone call (815-544-0371) to the circuit clerk's office. However, no motion will be placed on the trial judge's hearing calendar by the circuit clerk unless said motion and notice of motion has been received by the clerk before 3:00 P.M. two (2) days preceding the hearing date.

Page 1 | 14.01 SCHEDULING PROCEEDINGS

For an expedited trial, after discovery is complete, the parties must file the listed materials with the court five days before trial.

An expedited trial may be scheduled after the parties have completed discovery and have filed with the court five (5) days prior to the expedited trial date: 1. A pretrial memorandum - Appendix P; 2. Financial affidavits; and 3. Compilations of exhibits and summary of arguments Appendix T

Page 1 | 14.01 SCHEDULING PROCEEDINGS

Proposed orders, court documents, and exhibits for virtual prove-ups must be prepared and submitted at least three business days in advance as directed by the order.

ALL PROPOSED ORDERS, COURT DOCUMENTS AND EXHIBITS MUST BE PREPARED AND SUBMITTED AT LEAST THREE BUSINESS DAYS IN ADVANCE IN THE MANNER STATED IN THIS ORDER.

Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

If electronic video or physical evidence is approved for presentation, the parties must submit it to the Clerk’s Office 48 hours before the remote proceeding.

The parties shall submit their electronic video evidence or physical evidence to the Clerk’s Office 48 hours prior to the remote proceeding.

Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

The Circuit Clerk must phone the applicant within one business day after the judge’s decision, provide the ruling and case-specific instructions, and may leave a voice message as proper notice.

The Circuit Clerk shall contact the applicant by phone within 1 business day of the judge’s decision on an Application for Waiver of Fees and will notify the applicant of the ruling on the application and provide case specific instructions. A voice message will constitute proper notification.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

A judge must rule on and return a fee-waiver application to the Circuit Clerk within three business days of filing.

A judge shall rule upon an Application for Waiver of Fees within 3 business days of the filing date and return the application to the Circuit Clerk.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

Within 20 days after receiving notice of a fee objection, the claimant must file a petition stating the estate’s asset and liability values, requested fee, work performed and planned, basis for the charge, and—if hourly—hours spent.

Within twenty (20) days after receipt of notice of such objection, the person claiming such fee or expense shall file a petition with the court setting forth the following: The value of the assets and liabilities in the estate for probate and tax purposes respectively; The amount of fee desired; and A summary of the work done and to be done, and a statement of the basis of the charge being made, e.g. a schedule of fees, results achieved, an hourly rate, or other reasons, including those set forth in Supreme Court Rule 1.5 of the Illinois Rules of Professional Conduct. Where the fees are based on an hourly rate, the number of hours spent shall be stated.

Civil cases

Page 1 | 15.14 FEES

A decedent’s personal representative must present an administration account within 60 days after 12 months from issuance of letters; after the first account, further accounts are not required more often than every three years unless the court orders otherwise.

An account of administration by each personal representative of a decedent's estate shall be presented within sixty (60) days after the expiration of twelve (12) months after the insurance of letters. The personal representative shall not be required to file an account after filing the first account more often than once every three (3) years, unless otherwise provided by order of court, until the administration is completed.

Civil cases

Page 1 | 15.12 FORM OF ACCOUNTS

Within 90 days after entry of the distribution order, or an extension granted during that period, the representative or attorney-in-fact must present a compliance report and the distributee’s receipt or voucher to the court.

The representative or attorney-in-fact within ninety (90) days after entry of the order of distribution (or any extension thereof, allowed by the court during said ninety (90) day period) shall present to the court the report of compliance together with the receipt or voucher of the distributee.

Civil cases

Page 1 | 15.01 ATTORNEYS IN FACT AND REPRESENTATIVES OF FOREIGN COUNTRIES

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for other criminal and misdemeanor offenses issued in Winnebago County may be served in Winnebago, Boone, DeKalb, Lee, McHenry, Ogle, and Stephenson Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All other criminal and Misdemeanor offenses other than specified above CM, DV, DT, MT, TR, OV, QC, DV, CL, CC, and MX Within Illinois Counties of Winnebago, Boone, DeKalb, Lee, McHenry, Ogle, and Stephenson

Page 1 | 19.01 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - WINNEBAGO COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Winnebago County may be served within Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

Page 1 | 19.01 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - WINNEBAGO COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Winnebago County may be served nationwide.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Felony offenses CF Nationwide

Page 1 | 19.01 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - WINNEBAGO COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in civil cases issued in Winnebago County may be served in Winnebago and Boone Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: All Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Winnebago and Boone

Page 1 | 19.01 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - WINNEBAGO COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for misdemeanor domestic battery, violation of an order of protection, and DUI offenses issued in Winnebago County may be served in Illinois, Wisconsin, Indiana, and Iowa.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Winnebago County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

Page 1 | 19.01 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - WINNEBAGO COUNTY

A warrant or body attachment resulting from a civil case must be vacated if it remains unserved one year after issuance, unless the issuing judge specified a longer expiration date.

Any warrant or body attachment that resulted from a civil case and has not been served within one (1) year from the date the warrant was issued shall be vacated, unless the warrant bears a longer expiration date specified by the issuing judge.

Page 1 | 19.03 TIME LIMITATIONS ON CIVIL WARRANTS

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in family and juvenile cases issued in Boone County may be served within Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Family and Juvenile cases GR, PR, AD, D, DC, DN, F, FA, OP, J, JV, JA, and JD Within Illinois

Page 1 | 19.02 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - BOONE COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments in civil cases issued in Boone County may be served in Boone and Winnebago Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Civil cases L, LA, LM, AR, SC, CH, ED, FC, EV, TX, GC, MC, MR, and MH Within Illinois Counties of Boone and Winnebago

Page 1 | 19.02 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - BOONE COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for other criminal and misdemeanor offenses issued in Boone County may be served in Boone, Winnebago, DeKalb, Lee, McHenry, Ogle, and Stephenson Counties, Illinois.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All other criminal and Misdemeanor offenses other than specified above CM, DV, DT, MT, TR, OV, QC, DV, CL, CC, and MX Within Illinois Counties of Boone, Winnebago, DeKalb, Lee, McHenry, Ogle, and Stephenson

Page 1 | 19.02 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - BOONE COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for misdemeanor domestic battery, violation of an order of protection, and DUI offenses issued in Boone County may be served in Illinois, Wisconsin, Indiana, and Iowa.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: Misdemeanor offenses of Domestic Battery, Violation of Order of Protection and DUI CM Within Illinois, Wisconsin, Indiana and Iowa

Page 1 | 19.02 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - BOONE COUNTY

Unless the issuing judge orders otherwise, warrants, bench warrants, and body attachments for felony offenses issued in Boone County may be served nationwide.

Unless otherwise ordered by the judge issuing the warrant, the following geographical limitations will apply to all warrants, bench warrants or body attachments issued in Boone County: All Felony offenses CF Nationwide

Page 1 | 19.02 GEOGRAPHIC LIMITATIONS ON THE SERVICE OF WARRANTS - BOONE COUNTY

Contested motions must be served on all parties under Supreme Court Rules.

Contested motions which have been served upon all parties in accordance with Supreme Court Rules shall be heard before the assigned judge by filing a motion slip Appendix F and Appendix G in the office of the circuit clerk, general division, by 12:00 noon of the day before the motion is to be heard. (See General Order 3.02)

Page 1 | 7.04 GENERAL DIVISION: CONTESTED MOTIONS - WINNEBAGO COUNTY

When a subpoena return date is not a previously scheduled court date, the requesting party must notify all parties of the new return date.

If the return date for the subpoena duces tecum is for other than the next regularly scheduled court date for that case, the party seeking the issuance of the subpoena duces tecum shall specify a court date for the return of the subpoena duces tecum in open court and shall inform the Circuit Clerk of that next necessary court date at the time of the issuance of the subpoena. If the date for the return of subpoena duces tecum is not on a previously set court date, the party requesting the subpoena shall send notice to all parties indicating the new court date set specifically for the return on the subpoena.

Criminal cases

Page 1 | 2.04 Responsibilities when Issuing a Subpoena Duces Tecum

A copy of the subpoena and notice of service must be mailed first class to appeared parties within 48 hours after issuance.

A subpoena issued under this provision seeking specified documents, objects or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the action:

Criminal cases

Page 1 | 2.03 Subpoena for Production of Specified Documents, Objects or Tangible Things

Mail service of a subpoena may be proved by the specified return receipt and affidavit, with delivery at least 14 days before compliance is due.

Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his authorized agent by certified or registered mail at least fourteen (14) days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage enclosed.

Criminal cases

Page 1 | 2.03 Subpoena for Production of Specified Documents, Objects or Tangible Things

Counsel for each party must submit a brief written summary of pending financial issues to the mediator and opposing counsel at least 21 days before the initial financial mediation session.

At least twenty-one (21) days prior to the initial mediation session, counsel for each party shall submit to the mediator and opposing counsel a brief written summary or statement of the pending financial issues.

Page 1 | 14.09 FINANCIAL MEDIATION PROGRAM (PILOT PROGRAM) — RULE 6

In contested property division or related modification proceedings, each party must serve a Statement of Assets and Liabilities within 90 days after the original pleading is filed, unless the court and all parties of record agree to waive the requirement.

In all contested proceedings concerning division of property and/or modification of any orders relating thereto, each party shall serve on the other, pursuant to Supreme Court Rules or these rules, a Statement of Assets and Liabilities, substantially as set forth in Appendix V, within 90 days of the filing of the original pleading. The requirements of this rule may be waived by agreement of the court and all parties of record.

Page 1 | 14.025 STATEMENTS OF ASSETS AND LIABILITIES

Each party must serve their financial affidavit on the opposing party before any temporary financial hearing.

Each party shall file and serve on the other party his or her Financial Affidavit prior to any temporary financial hearing pursuant to Illinois Supreme Court Rule.

Page 1 | 14.02 FINANCIAL AFFIDAVITS

The defaulting party must receive notice of the default hearing 7 to 30 days in advance, unless the court excuses notice for good cause.

Notice of default for entry of judgment for dissolution of marriage, legal separation, or declaration of invalidity of marriage shall be given to the defaulting party not less than seven (7) days and not more than thirty (30) days in advance of such default hearing, unless excused by the court for good cause shown.

Page 1 | 14.05 NOTICE OF PROCEEDINGS

Required reports must be delivered at least fourteen business days before the hearing for which they were prepared.

All reports required by statute or by order of court shall be delivered no later than fourteen (14) business days prior to the date of the hearing for which the report is prepared

Page 1 | 7.02 Juvenile Court Reports

Each designated attorney must obtain the reports from the applicable county drop-off location within seven business days before the hearing.

Each designated attorney shall obtain said reports within seven (7) business days prior to said court hearing at the drop off location in each county, detailed above.

Page 1 | 7.02 Juvenile Court Reports

In Boone County, deliver the report, the original, and a copy for each attorney of record in a sealed, attorney-labeled envelope to the Juvenile Department of the Circuit Clerk’s office.

In Boone County such reports, including the original and a copy for each attorney of record, shall be delivered in a sealed envelope to the Juvenile Department of the Circuit Clerk’s office. The envelope shall have inscribed the name(s) of all attorneys of record for whom a copy is enclosed.

Page 1 | 7.02 Juvenile Court Reports

The caseworker must provide enough copies of the report and ACR for all attorneys and the Court.

It is the responsibility of the caseworker to provide enough copies of the report and ACR for all attorneys and the Court.

Page 1 | 7.02 Juvenile Court Reports

Unless the stated exception applies, a $200 DNA analysis fee is payable to the clerk at sentencing, subject to a good-cause payment schedule of no more than 24 months.

Unless the conditions under D-1 have been satisfied, the offender shall be directed to pay to the clerk of the court an analysis fee of $200.00, in addition to any other disposition, penalty, costs or fines imposed. The fee shall be paid at the time of sentencing unless the court establishes, for good cause, the fee cannot be paid forthwith. In such event the court shall establish a collection fee schedule which shall not exceed 24 months from time of sentencing.

Criminal cases

Page 1 | 2.07 Genetic Marker Group (DNA) Testing

Supplemental income verification documents must not be attached to the application and will be shredded unless collected within five business days after the Circuit Clerk’s phone notification.

Supplemental income verification documentation shall not be filed as attachments to an Application for Waiver of Fees. All supplemental income documentation will be shredded if not picked up by the applicant within five (5) business days of the Circuit Clerk’s phone notification as specified in Section 7 above.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

Fee-waiver applicants must use the Illinois Supreme Court-approved forms and provide supporting income documentation in accordance with the clerk-provided Supplemental Form Cover Page.

An Application for Waiver of Fees shall be made on the forms specified and approved by the Illinois Supreme Court for such purpose. Supporting income documentation shall be provided by the applicant in accordance with a Supplemental Form Cover Page, which is to be provided by the Circuit Clerk to each applicant (see attached Appendix PP).

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

When an electronic filing includes a fee-waiver petition for indigence, payment is stayed until the Court rules on the petition.

When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.

Page 1 | M. COLLECTION OF FEES

The Vendor collects required statutory filing fees from subscribers by direct billing unless a court order or law waives the fee.

The Vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless the payment of the fee has been waived by court order or law.

Page 1 | M. COLLECTION OF FEES

Subscribers must maintain either a prepaid draw-down account with the Clerk or a valid electronic payment account with the Vendor to pay statutory filing fees.

All subscribers shall establish either a pre-paid draw down account with the Clerk of the Court or maintain a valid electronic payment account with the e-filing Vendor for the payment of statutory filing fees.

Page 1 | M. COLLECTION OF FEES

A residential mortgage foreclosure complaint subject to mediation incurs an additional $150 filing fee.

The additional fee for such case is set at $150 per filing.

Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM, A

One appearance fee is due for a single appearance entered for several parties, while separate appearances require separate fees.

If a single appearance is entered for several parties, a single appearance fee shall be paid. If separate appearances are entered for several parties, either by the same or different attorneys, separate appearance fees shall be paid.

Civil cases

Page 1 | 9.01 APPEARANCE FEES - SEVERAL PARTIES

In Winnebago and Boone County arbitration cases, plaintiffs must pay a case-filing fee and defendants must pay a fee to contest; a financially unable party may request a waiver, and a prevailing fee-paying party may seek reimbursement.

Illinois law requires plaintiffs to pay a fee to file a case, and it also requires defendants to pay a fee if they want to contest those cases. If you pay the fee and then win at trial, you may ask the Court to order that the other side reimburse you. If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.

Civil cases

Page 1 | 9.03 APPEARANCE/FEE WAIVER NOTICE — Winnebago and Boone Arbitration Cases

In Winnebago County eviction cases, plaintiffs must pay a case-filing fee and defendants must pay a fee to contest at trial; a financially unable party may request a waiver, and a prevailing fee-paying party may seek reimbursement.

Illinois law requires plaintiffs to pay a fee to bring an eviction case, and it also requires defendants to pay a fee if they want to contest those cases at trial. If you pay the fee and then win at trial, you may ask the Court to require the plaintiff to reimburse you. If you are financially unable to pay the fee, you may file a written request (with required documents in support) asking the Court to waive the fee.

Civil cases

Page 1 | 9.03 APPEARANCE/FEE WAIVER NOTICE — Winnebago County Eviction Cases

A petitioner seeking to subpoena witnesses must pay the fee charged to commence a civil action.

The petitioner shall pay the same fee as if commencing a civil action.

Civil cases

Page 1 | 3.07 Petition to Subpoena Witnesses

When the appointment and civil suit filing occur contemporaneously, the appointment documents are filed as part of the civil case without an additional fee.

Contemporaneous with filing of suit. Where no suit has yet been filed, and the party seeking appointment is prepared to file suit on the same day that the appointment is made, the petition, order of appointment, and any other related documents shall be filed as part of the contemporaneously filed civil case (with no additional fee to be paid).

Civil cases

Page 1 | 3.03 Appointment of Special Administrators or Special Representatives

An appropriate filing fee must be paid when required to file a motion seeking rescission of a sealing or impoundment order.

A person or entity seeking access to a sealed or impounded case, records or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed may, upon the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the Order sealing or impounding the case, records or document be rescinded.

Page 1 | 16.07 MOTIONS TO RESCIND AN ORDER SEALING OR IMPOUNDING A FILE

The clerk may reduce a defendant’s total fines and fees by $200 when the specified written verification of a previously submitted valid genetic specimen is filed.

The Circuit Court Clerk is authorized to reduce the total fines and fees by $200 of a defendant who has been assessed an analysis fee pursuant to 730 ILCS 5/5-4-3 if the defendant has previously submitted a valid genetic specimen, either as a juvenile or adult, when written verification of Illinois State Police provided stating that the defendant has previously submitted a valid genetic specimen, and such written verification is filed in the permanent court file.

Criminal cases

Page 1 | 2.07 Genetic Marker Group (DNA) Testing

The Circuit Clerk must forward each fee-waiver application to the presiding judge or an alternate if the presiding judge is unavailable, for a written decision on the Illinois Supreme Court-approved form.

Upon receipt of an Application for Waiver of Fees, the Circuit Clerk shall forward the application to the presiding judge, or an alternate judge based on the unavailability of the presiding judge, for review and issuance of a written decision on the form specified and approved by the Illinois Supreme Court for such purpose.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

The Circuit Clerk must place supporting income documentation in an envelope and send it with the application for judicial review.

All supporting income documentation provided by an applicant shall be placed in an envelope by the Circuit Clerk and the envelope shall accompany an Application for Waiver of Fees for purposes of judicial review.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

A recipient of a fee waiver must promptly notify the Court of financial changes that might affect eligibility.

Applicants who receive a Waiver of Fees from the Court are required to promptly notify the Court of any change in their financial circumstances which might affect their eligibility for a waiver of fees.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

When a fee-waiver application is denied, the Circuit Clerk must set a future fee-payment date and a later court date to ensure compliance.

Whenever an Application for Waiver of Fees is denied, the Circuit Clerk shall establish a future date for payment of the applicable fee, as well as a court date thereafter to ensure compliance.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

A denial based on incomplete supporting documentation is without prejudice, and the applicant may reapply with a completed application.

A judge’s denial of an Application for Waiver of Fees on the basis of incomplete supporting documentation is to be considered a denial without prejudice; the applicant may reapply with a completed application.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

Before authorizing public payment of a major case expense in a case with an approved fee waiver, the judge must reassess the applicant’s current financial eligibility.

In cases where an Application for Waiver of Fees has been approved, the judge presiding in the case shall, before authorizing public payment of a major case expense (including payment of fees for a guardian ad litem, mediation, parenting class, or preparation of the record on appeal) re-examine the applicant as to present financial status to determine if the applicant is still eligible for a fee waiver, in a manner not inconsistent with 735 ILCS 5/5-105 subparts f-5 and f-10.

Page 1 | 9.08 Processing of Applications for Waivers of Fees - Civil Cases

A party in a Winnebago or Boone County arbitration case who neither pays the fee nor requests a waiver may be defaulted and barred from participating in trial.

If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in a trial.

Civil cases

Page 1 | 9.03 APPEARANCE/FEE WAIVER NOTICE — Winnebago and Boone Arbitration Cases

A defendant in a Winnebago County eviction case who neither pays the fee nor requests a waiver may be defaulted and barred from participating in trial.

If you do neither, then you may be defaulted (i.e. lose the case) and will not be allowed to participate in the trial.

Civil cases

Page 1 | 9.03 APPEARANCE/FEE WAIVER NOTICE — Winnebago County Eviction Cases

Required virtual-hearing documents and exhibits must be exchanged and courtesy copies provided to the Court by 4:30 p.m. three business days before the hearing.

Any Court documents or exhibits required for a virtual hearing shall be exchanged between the parties, courtesy copies to the Court, no later than 4:30 pm three business days before the virtual hearing.

Page 1 | 4.08 Procedure for Hearings and Submission of Documents to the Court - Family Division

Paper courtesy copies customarily provided to the Court remain required in e-filed cases unless the Court orders otherwise.

Paper courtesy copies of documents customarily required to be provided to the court shall continue to be required in e-file cases, absent a specific court order to the contrary.

Page 1 | L. COURTESY COPIES AND FILING PROOF OF SERVICE

Each party must provide the court two copies of each jury instruction.

Each party shall provide the court with two copies of each instruction.

Page 1 | 2.15 JURY INSTRUCTIONS (CIVIL AND CRIMINAL), B

The court may request additional courtesy copies by email or hand-delivery on a case-by-case basis.

The court may request additional courtesy copies to be submitted via email or hand-delivery on a case by case basis.

Page 1 | 2.10 REMOTE COURT APPEARANCES, E.5(c)(iii)

Courtesy copies of briefs should be provided to the judge through the trial court administration office.

Courtesy copies of briefs should be provided to the judge in the case via the trial court administration office.

Civil cases

Page 1 | 11.06 FILING OF BRIEFS OR MEMORANDUMS OF LAW

Impounded search warrant records are unavailable to the public but available to parties of record and as otherwise directed by court order.

As impounded documents, search warrant records shall not be available for public access but shall be available to parties of record and otherwise as directed by order of the court.

Page 1 | 19.04 FILING AND IMPOUNDING OF SEARCH WARRANT RECORDS — C. Impoundment of Search Warrant Records

Search warrant records must be impounded upon filing.

All search warrant records shall be impounded upon filing pursuant to Part 1, Section L, paragraph 2(b) of the Manual on Record Keeping.

Page 1 | 19.04 FILING AND IMPOUNDING OF SEARCH WARRANT RECORDS — C. Impoundment of Search Warrant Records

Search warrant records must remain impounded until further court order, regardless of whether the warrant has been executed, returned, or concluded.

Further, in order to protect the integrity of criminal investigations, promote the safety of law enforcement officers and confidential informants, safeguard the privacy interests of victims and witnesses, prevent the premature disclosure of investigative information, and further the administration of justice, all search warrant records shall remain impounded until further order of the court regardless of whether the warrant has been executed, returned, unexecuted, or otherwise concluded.

Page 1 | 19.04 FILING AND IMPOUNDING OF SEARCH WARRANT RECORDS — C. Impoundment of Search Warrant Records

Mental health records must be impounded subject to the cited statute.

Mental health records shall be impounded subject to the terms of 740 ILCS 110/1 et. seq.

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Fitness reports and psychological or psychiatric evaluations must be impounded subject to the cited statute.

Fitness reports, psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Adoption files must be impounded subject to the cited statute.

Adoption files shall be impounded subject to the terms of 750 ILCS 50/18.

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Presentence investigation reports must be impounded subject to the cited statute.

Presentence investigation reports shall be impounded subject to the terms of the 730 ILCS 5/5-3-4 (a) & (b).

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Juvenile files must be impounded subject to the cited statutes and local-rule exception.

Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8, 705 ILCS 405/5-901 and paragraph 16.02(a)(2) of this Local Rule No. 16.

Page 1 | 16.02 SPECIFIED EXCEPTIONS

The clerk may not seal or impound any file or part of a file without a written order, except when law or the Manual on Recordkeeping requires it.

The clerk of the court shall not impound or seal any file or any part thereof without a written order unless otherwise required by law or the Manual on Recordkeeping.

Page 1 | 16.01 WRITTEN ORDER REQUIRED

A judge's written order is required to seal or impound files, records, or documents unless statute or the Manual on Recordkeeping provides otherwise.

Except as otherwise provided by statute or the Manual on Recordkeeping, files, records or documents may be impounded or sealed only upon written order of a judge.

Page 1 | 16.01 WRITTEN ORDER REQUIRED

Court proceedings under the Parental Notice of Abortion Act of 1995 must be sealed.

All Court proceedings under this Section shall be sealed. (750 ILCS 70/25).

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to the cited statute.

Reports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.

Page 1 | 16.02 SPECIFIED EXCEPTIONS

Within 14 days after proper filing, the clerk must set the motion for hearing before the ordering judge, or refer it to the Chief Judge or designee if that judge is unavailable or cannot hear it within 14 days.

Upon the proper filing of a "Motion to Rescind Order Sealing File" or "Motion to Rescind Order Impounding File", within 14 days the clerk shall set the motion for hearing before the judge who ordered the case, records or documents to be sealed or impounded. If the judge ordering the case, records or documents sealed or impounded is no longer available or cannot hear the motion within the 14 days set forth by this rule, then the case shall be referred to the Chief Judge or his or her designee for review.

Page 1 | 16.07 MOTIONS TO RESCIND AN ORDER SEALING OR IMPOUNDING A FILE

The Circuit Clerk must maintain under seal in the case file copies of the specified items sent to the Illinois Department of Human Services.

5. The Office of the Circuit Clerk shall maintain under seal copies of all items sent to the Illinois department of Human Services in paragraph 1 above in the official record/file of the specific case.

Criminal cases

Page 1 | 2.19 Protocols in Relation to Unfitness to Stand Trial

Financial affidavits and supporting documents must be filed as impounded documents and are not available to the public, subject to the stated authorized access.

B. Because they are inherently of a personal nature and create an enhanced risk of identity theft, financial affidavits and any supporting documentation shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As an impounded document, the financial affidavit shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, and others directed by the court.

Page 1 | 14.02 FINANCIAL AFFIDAVITS

Pretrial services reports received by the Circuit Clerk should be sealed in the applicable file, while the court, probation, parties, and counsel retain access.

Pretrial services reports received by the Circuit Clerk should be sealed in the applicable file to protect their confidentiality as provided by 725 ILCS 185/31, with the court, probation, the parties, and their counsel retaining the right of access to the sealed reports.

Page 1 | 9.11 Pretrial Service Reports

After a jury trial, the listed juror documents must be placed in separate envelopes as specified and sealed in the court file.

At the completion of all jury trials, the judge shall provide to the clerk the judge's juror profile cards, juror list(s), juror seating chart(s), and the verdict forms. In one envelope, the clerk shall insert the juror profile cards, the juror list(s), and the juror seating chart(s). In a separate envelope, the clerk shall insert the verdict forms. All juror court documents shall then be sealed in the court file.

Page 1 | 9.07 Sealing of Juror Related Court Documents

Guardian ad litem reports concerning a minor in family, divorce, or minor guardianship cases must be filed as impounded documents, unavailable to the public but accessible to the listed persons and others as directed by the court.

Guardian ad litem reports submitted to the court in connection with a minor in family, divorce, or minor guardianship cases shall be accepted by the Office of the Circuit Clerk and be filed as impounded documents. As impounded documents, Guardian ad litem reports shall not be available for public access but shall be available to the court, the appellate court, parties and their attorneys, the GAL, and others as directed by the court.

Page 1 | 9.12 Impounding of Probate and Family Guardian Ad Litem Reports

A party seeking to file under seal without a prior court order must electronically file a motion for leave.

A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.

Page 1 | H. PRIVACY

Unless the Court orders otherwise, parties must omit or redact the specified personal identifiers from electronically filed documents.

In addition to the materials referenced in Supreme Court Rules 15 and 138, parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents electronically filed with the court unless otherwise ordered by the court.

Page 1 | H. PRIVACY

A party seeking leave to file a document under seal must not attach the document to the motion.

The document in question may not be attached to the motion as an attachment.

Page 1 | H. PRIVACY

An individual’s driver’s license number must not be included.

An individual’s Driver’s License Number shall not be used.

Page 1 | H. PRIVACY

The following documents are deemed to be of independent legal significance, and so they should be filed separately rather than being bundled with other documents: Returns of service of summons; Notices of Motion; Military Affidavits; Appearances; Any certificate of publication; and In foreclosure cases, the following types of documents: prove-up affidavits; attorney fee affidavits; loss mitigation affidavits; sale documents, including the report of sale, certificate of sale, receipt of sale; motion for approval of sale; notice of motion for approval.

The following documents are deemed to be of independent legal significance, and so they should be filed separately rather than being bundled with other documents: Returns of service of summons; Notices of Motion; Military Affidavits; Appearances; Any certificate of publication; and In foreclosure cases, the following types of documents: prove-up affidavits; attorney fee affidavits; loss mitigation affidavits; sale documents, including the report of sale, certificate of sale, receipt of sale; motion for approval of sale; notice of motion for approval.

Page 1 | 9.09 Bundling of Court Documents

Bulk filings combining multiple cases or documents in one PDF are not accepted, except multiple citations may be transmitted in one transaction directly by a law enforcement agency.

Bulk filings of multiple cases or multiple documents combined into one PDF document shall not be accepted; however, multiple citations being electronically filed may be transmitted to the Circuit Clerk as a single transaction directly from the law enforcement agency.

Page 1 | I. FORMAT OF DOCUMENTS

Documents bearing different case numbers must be filed in separate transactions.

Documents with different case numbers must be filed individually in separate transactions.

Page 1 | I. FORMAT OF DOCUMENTS

The listed foreclosure motion documents must be filed separately and not bundled together.

Note that all documents are to be filed separately, and not bundled together. (See General Order 9.09).

Civil cases

Page 1 | 10.04 MOTIONS IN FORECLOSURE CASES

Parties should file separate court documents rather than bundle them, except that motions may be bundled with supporting exhibits unless an exhibit is listed in part (b).

In general, separate documents should not be bundled together when filed (i.e., stapled together when physically filed, or scanned together when e-filed). Doing so inhibits the court’s ability to find separate documents via the Court’s electronic record.

Page 1 | 9.09 Bundling of Court Documents

Individual documents in one case may be filed in a single transaction, but each must be uploaded and titled separately under General Order 9.09.

Filing of individual documents within a case shall be accepted in a single electronic filing transaction; however, each individual document must be uploaded and titled individually in accordance with 17th Circuit Court General Order 9.09.

Page 1 | I. FORMAT OF DOCUMENTS

Separate, unrelated tasks may not be combined in a single invoice entry.

Separate, unrelated tasks shall not be “bundled” in one entry;

Page 1 | 2.17 FILING AND APPROVAL OF ATTORNEY FEE PETITIONS, C.1(c)

A party may bundle a motion with supporting exhibits unless an exhibit is among the document types required to be filed separately.

This rule does not prevent a party from bundling a motion with supporting exhibits, unless the exhibit is of a type specified in part (b), below.

Page 1 | 9.09 Bundling of Court Documents

A party objecting to a draft order must personally consult with its drafter within 21 days after the oral ruling and, if unresolved, file the specified motion slip, notice, and any applicable motion within 21 days to set a hearing before the issuing judge.

Any party objecting to the form of the draft order shall personally consult with the drafter within twenty-one (21) days after the oral ruling and, if the objections are not reconciled, the objector shall within twenty-one (21) days of the oral ruling, file a motion slip and notice and, if applicable, an appropriate motion, setting the matter for hearing by the judge who issued the oral ruling or judgment.

Civil cases

Page 1 | 8.00 WRITTEN ORDERS AND JUDGMENTS (CIVIL)

A written request for remote appearance must be filed at least three business days beforehand with notice to all parties and, for an attorney's request, the client.

b. By filing a written motion at least three business days in advance with notice to all parties, and if it is an attorney who wishes to appear remotely, notice must also be provided to his or her client.

Page 1 | 2.10 REMOTE COURT APPEARANCES, B.2(b)

For interpretation exceeding 15 minutes, the party or counsel must move for appointment of an interpreter and provide the resulting order to Trial Court Administration within two business days, at least three weeks before a Spanish-language appearance or four weeks before other-language appearances.

If at any time an LEP party requires interpreting services for a duration of more than fifteen minutes (for example a plea, prove-up, evidentiary hearing, trial), the LEP party, or his or her attorney, shall (i) file a motion to appoint an interpreter, directed to the judge presiding, and (ii) provide a copy of any Order generated regarding interpreting services to Trial Court Administration within 2 business days of the order being generated, but not less than three weeks prior to scheduled court date for Spanish requests or four weeks prior for all other languages.

Page 1 | 2.16 INTERPRETATION SERVICES, C

A party seeking to defer mediation must file a detailed motion within 14 days of referral, schedule it before mediation, notify interested parties and any appointed mediator, and mediation pauses until the motion is decided.

Within 14 days of the Order of Referral, any party may file a motion with the court to defer the proceeding. The movant shall set the motion to defer for hearing prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth, in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until disposition of the motion.

Page 1 | 2.08 COURT-ANNEXED MEDIATION, II.D

No judgment may be entered until mediation has occurred.

The Court shall prohibit any judgment from being entered until mediation has taken place.

Page 1 | 2.18 COURT-ANNEXED EVICTION MEDIATION, IV.G

A party may seek termination of mediation for good cause by motion after the Notice of Entry and must email the motion notice to the Program Administrator when filing.

Any party to a residential foreclosure case may object to mediation after the issuance of the Notice of Entry described in Section M. The objecting party shall file a motion with the court requesting the termination of mediation efforts for good cause shown. Notice of any such motion shall be sent by the filing party to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. at the time of filing.

Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM, P

Mediation may not occur while an order of protection exists between the parties until the court makes further inquiry.

If there is an order of protection between the parties then mediation shall not take place until further inquiry of the Court.

Page 1 | 2.09 COURT-ANNEXED SMALL CLAIMS MEDIATION, II

Participants seeking a future remote appearance must request permission through one of the listed methods.

Court participants who wish to appear remotely for a future court appearance shall make such a request to the Court by:

Page 1 | 2.10 REMOTE COURT APPEARANCES, B.2

A party may move to dispense with mediation within 14 days after referral on a listed ground.

A party may move, within 14 days after the Order of Referral, to dispense with mediation if:

Page 1 | 2.08 COURT-ANNEXED MEDIATION, II.C

Emergency motions must be presented to the assigned judge, who determines the hearing time; in that judge’s absence, the chief judge or designee may assign another judge, and emergency motions receive precedence so far as possible.

Emergency motions shall be presented to the judge to whom the case is assigned and shall be heard at such time as that judge may determine. In the absence of the judge to whom the case is assigned, the chief judge, or designee, may assign the case to another judge for hearing. Precedence, so far as possible, shall be given to emergency motions over other judicial business.

Civil cases

Page 1 | 10.06 EMERGENCY AND EX PARTE MOTIONS

Pro se small-claims litigants must be offered the opportunity to mediate at the first return date.

All pro se small claims litigants shall be given the opportunity to participate in mediation at the first return date.

Page 1 | 2.09 COURT-ANNEXED SMALL CLAIMS MEDIATION, II

A continuance motion in a civil trial set for trial must comply with Supreme Court Rule 231.

After a case has been set for trial, any motion for continuance must comply with Supreme Court Rule 231.

Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — C. Motions for Continuance — 2. Civil Trials

A continuance motion in a criminal trial set for trial must comply with the cited Code of Criminal Procedure provision.

After a case has been set for trial, any motion for continuance must comply with the Code of Criminal Procedure 725 ILCS 5/114-4.Appendix B

Page 1 | 7.05 County Division: Jury Procedural Rules - Winnebago County — C. Motions for Continuance — 1. Criminal Trials

A party seeking to advance or postpone an arbitration hearing must file and serve a motion stating the reason, and the supervising judge may grant it for good cause.

Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon the calendar of the supervising judge for arbitration and shall likewise be served upon the arbitration administrator. The motion shall contain a concise statement of the reason for the change of hearing date. The supervising judge may grant such advancement or postponement upon good cause shown.

Page 1 | 2.07 MANDATORY ARBITRATION, Rule 3(b)

If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation.

If for any reason either party cannot attend a mediation session or feels additional time is needed, they may request a continuance. The party requesting the continuance shall contact the Program Administrator to make such a request at least 10 calendar days prior to the scheduled session unless it is an emergency situation.

Page 1 | 2.14 RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION PROGRAM, S

Winnebago County uncontested motions may be scheduled by calling the clerk before 3:00 P.M. the day before the hearing and providing the listed case and attorney information.

Uncontested motions may be scheduled by a telephone call (987-2510) to the circuit clerk's office, general division before 3:00 P.M. the day preceding the hearing. (See General Order 3.02) The following information must be given to the clerk of the circuit court when scheduling such motions 1. Number of case; 2. Parties; 3. Type of motion; and 4. Attorneys, both movant and respondent.

Page 1 | 14.01 SCHEDULING PROCEEDINGS

Contested and uncontested motions may be scheduled by calling the circuit clerk, but the clerk will not place a motion on the trial judge’s calendar unless both the motion and notice of motion are received before 3:00 p.m. two days before the proposed hearing.

Contested and uncontested motions may be scheduled by a telephone call (815-544-0371) to the circuit clerk's office. However, no motion will be placed on the trial judge's hearing calendar by the circuit clerk unless said motion and notice of motion has been received by the clerk before 3:00 P.M. two (2) days preceding the proposed hearing date.

Civil cases

Page 1 | 10.04.01 SETTING MOTIONS (BOONE COUNTY)

Parties of record must immediately communicate a jury case’s pending status to the chief judge’s office.

Information concerning the pending status of a jury case shall be immediately communicated to the chief judge's office by the parties of record.

Page 1 | 7.02 GENERAL DIVISION: JURY CASES (CIVIL) — B. Winnebago County

Communicate jury-case status to the assigned trial judge, or to the circuit clerk if the judge is unavailable.

Any information concerning status of a jury case shall be communicated to the assigned trial judge. If the judge is unavailable, the circuit clerk shall be notified of the status.

Page 1 | 7.02 GENERAL DIVISION: JURY CASES (CIVIL) — A. Boone County

If a petitioner contacts the Winnebago County Clerk after 3:15 p.m. or the Boone County Clerk after 3:00 p.m., the clerk must advise that the judge will call the following business day.

4. If the petitioner contacts the Winnebago County Clerk’s Office after 3:15pm, or the Boone County Clerk’s Office after 3:00pm, the clerk shall inform the petitioner they will receive a call from the Judge the following business day.

Page 1 | 14.10 REMOTE FILINGS AND COURT APPEARANCES — A. FILING OF REMOTE PROTECTIVE ORDERS

Interpreter services must be canceled as soon as possible and no later than six business days before the next court date by notifying the Court Administrator's Office.

Cancellation of interpretation services shall be made as soon as possible, and no later than six business days prior to the next court date, by notification to the Court Administrator’s Office to avoid undue expense and inconvenience.

Page 1 | 2.16 INTERPRETATION SERVICES, D

Telephonic appearances are prohibited for argument on briefed motions, evidentiary hearings, and matters the court designates for personal appearance.

Telephonic appearances shall not be permitted for argument on briefed motions, evidentiary hearings, or other matters as designated by the Court as requiring a personal appearance.

Page 1 | 2.11 COURTCALL TELEPHONIC APPEARANCES, A.1

Car phones, cellular phones, speakerphones, public telephone booths, and phones in other public places may not be used for telephonic appearances.

To ensure the quality of the record, the use of car phones, cellular phones, speakerphones, public telephone booths, or phones in other public places is prohibited.

Page 1 | 2.11 COURTCALL TELEPHONIC APPEARANCES, C.3

Booking a CourtCall appearance does not establish court permission; parties and counsel remain responsible for compliance with the court's rules.

The fact that a telephonic appearance is scheduled with CourtCall shall not be construed as a determination that the telephonic appearance is permitted by the Court. Parties and counsel are solely responsible for compliance with the Court’s rules and procedures for telephonic appearances.

Page 1 | 2.11 COURTCALL TELEPHONIC APPEARANCES, E.1