Circuit Court of Boone County, Illinois (17th Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

An electronic document is considered filed upon the Clerk’s review and acceptance and completion of transmission with the Clerk’s electronic filing stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk's electronic filing stamp.

CRITICAL

A pleading received before midnight on a day the courthouse is open is deemed filed that day.

Pleadings received by the clerk before midnight on a day the courthouse is open shall be deemed filed that day.

CRITICAL

A document filed on a day the courthouse is closed is deemed filed the next business day.

If filed on a day the courthouse is not open for business, the document will be deemed filed the next business day.

CRITICAL

An electronic document is not officially filed unless it bears the electronic filing stamp.

Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Deadline

3 business days

Hearing materials must be exchanged and shared with the court by 4:30 p.m. three business days before the proceeding.

Exhibits, papers or anything the judge would need to review at a hearing must be exchanged between the parties and shared with the Court no later than 4:30 p.m. three (3) business days in advance of the court proceeding.

CRITICAL

CourtCall appearances must be arranged by phone or online by 4:00 p.m. CST on the second court day before the hearing.

Telephonic appearances must be arranged by contacting CourtCall by phone at (888) 882-6878 or on-line at www.courtcall.com no later than 4:00 p.m. (CST) on the second court day preceding a hearing date.

WARNING

Note that, in the Family Division, proposed orders on prove ups should be submitted in advance of the hearing date pursuant to General Order 4.08.

Note that, in the Family Division, proposed orders on prove ups should be submitted in advance of the hearing date pursuant to General Order 4.08.

WARNING

The Vendor must issue a confirmation to the subscriber upon receiving and submitting an electronic document to the Clerk.

Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the subscriber.

WARNING

The Vendor’s confirmation must state the receipt date and time and serves as proof of submission to the Clerk.

The confirmation shall indicate the time and date of receipt, and shall serve as proof that the document has been submitted to the Clerk.

WARNING

The Vendor will notify a subscriber by email if the Clerk’s office does not accept a document.

A subscriber will receive e-mail notification from the Vendor if a document is not accepted by the Clerk's office.

WARNING

After a document is not accepted, the subscriber may be required to re-file it to satisfy filing requirements.

In that event, the subscriber may be required to re-file the document to meet necessary filing requirements.

WARNING

For listed transmission, processing, rejection, technical, or service-list errors, the Court may for good cause allow a later filing to take effect on the date filing was first attempted.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Circuit Court Clerk, (4) other technical problems experienced by the filer, or (5) the party was erroneously excluded from the service list, the Court may upon good cause shown enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

Absent extraordinary circumstances, anyone prejudiced by an order giving a later filing the effect of the first attempted filing is entitled to an order extending applicable response or performance deadlines.

In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court's order to accept a subsequent filing effective as of the date filing was first attempted shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.

WARNINGCivil cases

If the Circuit Clerk cannot identify a court date within the 40-to-61-day timeframe, the Clerk may issue an available date and delay issuing the summons.

In the event the Circuit Clerk is unable to identify an available court date within that timeframe, the Circuit Clerk may issue an available date and delay issuance of the summons.

WARNINGCivil cases

The Circuit Clerk may reject a proposed summons filing and request that it be resubmitted after a specified date.

The Circuit Clerk may “reject” the filing of a proposed Summons and request that it be re-submitted after a date certain.

INFOCivil cases

The court will try to minimize, but cannot eliminate, occasions when no return date is available within the 40-to-61-day timeframe.

From time to time, the court may not have a return date available within that timeframe. The court will work to minimize this, but cannot eliminate it.

CRITICAL

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)

CRITICAL

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.

CRITICALCivil cases

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

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

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

Additional receiver reports shall be filed at least annually thereafter.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

Deadline

3 business days

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.

CRITICAL

Deadline

1 business days

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.

CRITICALCivil cases

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.

CRITICALCivil cases

If the representative or attorney-in-fact does not deliver the distributive share within 90 days or a timely court-granted extension, the share must be deposited with the county treasurer subject to further court order.

In the event of a failure, refusal, or inability of the representative or attorney-in-fact to pay and deliver the distributive share to the foreign distributee within said ninety (90) days (or any extension thereof, granted by the court during the said ninety (90) day period) the distributive share shall be deposited with the county treasurer of the county subject to the further order of the court.

CRITICALCivil cases

A guardian must present an administration account within 30 days after the first year 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 for each guardian shall be presented within thirty (30) days after the expiration of one year after the issuance of letters, and the guardian shall not be required to file such accounts (after filing the guardian's first account) more often than once every three (3) years, unless otherwise provided by order of court.

CRITICALCivil cases

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.

CRITICALCivil 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.

CRITICAL

Deadline

48 hours

If the court approves submission of electronic video or physical evidence for a remote proceeding, the parties must submit it to the Circuit Clerk's Office 48 hours beforehand.

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

CRITICAL

Unless a statute provides otherwise, fee petitions must be filed within 90 days of appointment, every 90 days thereafter, and no later than 60 days after the final order.

Unless otherwise obligated to submit Fee Petitions by statute, Fee Petitions shall be filed with the court within 90 days of the initial appointment, at every 90-day period thereafter throughout the course of the appointment, and no later than 60 days after entry of a final order disposing of the case.

CRITICALCivil cases

In foreclosure cases, the motion must be on file before the party seeks a presentment date.

A party seeking a date for presentment of any motion in a foreclosure case must have on file the motion to be presented.

CRITICALCivil cases

After receiving a hearing date from the Circuit Clerk, the Notice of Motion must be issued and filed as soon as possible and no later than the Supreme Court Rule 12 deadline.

Once a hearing date is received from the Circuit Clerk, a Notice of Motion is then to be issued and filed of record as soon as possible, but not later than the deadline specified in Supreme Court Rule 12.

CRITICALCivil cases

For placement on the trial judge’s hearing calendar, the clerk must receive both the motion and notice of motion before 3:00 p.m. two days before the proposed hearing date.

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.

CRITICALCivil cases

A complaint or petition seeking an ex parte receiver appointment or temporary restraining order must be filed with the circuit clerk before applying to a judge for the order.

Every complaint or petition which seeks an ex parte order for the appointment of a receiver or for a temporary restraining order shall be filed in the office of the circuit clerk before application to a judge for the order.

CRITICALCivil cases

Except by leave of court for good cause, dispositive motions (other than those arising during trial or arbitration) and motions that would require postponement must be filed and presented at least 60 days before the scheduled trial or arbitration hearing.

(a) Except by leave of court and for good cause shown, the following shall be filed with the clerk of the court and presented before the judge to whom the case is assigned on a date not later than sixty (60) days prior to the scheduled trial or arbitration hearing date: (1) All dispositive motions except motions arising during the course of the trial or arbitration hearing; (2) All other motions which, if granted, would require a postponement of the scheduled trial or arbitration hearing date;

CRITICAL

Filing deadlines for motions and pleadings that fall on a Winnebago County legal holiday are extended to the next business day of the Court.

C. The date for filing all motions and pleadings shall be extended to the next business day of this Court.

CRITICALCivil cases

Deadline

48 hours

In Winnebago County eviction cases, the fee must be paid or a written waiver request filed within 48 hours of the first court appearance.

You must either pay the fee, or file a written request to have it waived, within 48 hours of your first court appearance.

CRITICALCivil cases

Deadline

5 business days

In Boone County eviction cases, the fee must be paid or a written waiver request filed within five business days before the hearing.

You must either pay the fee, or file a written request to have it waived, within five business days prior to the hearing.

CRITICALCivil cases

In Winnebago and Boone County arbitration cases, the fee must be paid or a written waiver request filed by the deadline established by the Court.

You must either pay the fee, or file a written request to have it waived, within any deadline established by the Court.

CRITICALCivil cases

For a summons requiring appearance on a specified day, the return date must be 40 to 61 days after issuance.

Illinois Supreme Court Rule 101(b)(1) states that a Summons requiring appearance on a specified day, the date of return specified in the summons shall not be less than 40 or more than 61 days after the issuance of the summons.

WARNING

Unless the court orders otherwise, the first mediation conference must be held within 60 days of the referral order.

Unless otherwise ordered by the court, the first mediation conference shall be held withinsixty (60) daysof the Order of Referral.

WARNING

The parties must select a mediator and schedule the conference within 14 days after the referral order.

Within14 days after the Order of Referral,the parties shall select a mediator and schedulethe mediation conference.

WARNING

Mediation must be completed within 60 days of referral unless the court orders or the parties stipulate to an extension.

Mediation shall be completed within sixty (60) days of the order referring the case to mediationunless extended by order of the court or by stipulation of the parties.

WARNING

A telephonic participant must join the call at least five minutes before the hearing and check in with the CourtCall clerk.

the person making a telephone appearance to dial into the call no later than five (5) minutes prior to any scheduled hearing(s), and to check in with the CourtCall clerk.

WARNING

Deadline

7 calendar days

The plaintiff must email the Program Administrator notice of the changed mediation status within seven calendar days of filing the amended complaint.

The plaintiff shall also provide notice of this change to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it. within 7 calendar days of filing the amended complaint.

WARNING

Deadline

7 calendar days

A counter-plaintiff must email the Program Administrator notice of a residential mortgage foreclosure counterclaim within seven calendar days of filing.

Within 7 calendar days of filing a Counterclaim seeking foreclosure of a residential mortgage, the counter plaintiff shall send notice of this filing to the Program Administrator via email to This email address is being protected from spambots. You need JavaScript enabled to view it..

WARNING

Deadline

7 business days

When appropriate and feasible, the Program Coordinator must schedule the first mediation within seven business days of the first appearance.

The Coordinator will schedule the first mediation no more than 7 business days from the first appearance whenever it is appropriate and feasible.

WARNING

Deadline

21 business days

The Coordinator may schedule sessions up to 21 business days after the first appearance; sessions later than that require mutual party agreement.

The Program Coordinator, in her discretion, may extend scheduling of the first session, and may schedule any subsequent mediation sessions, up to 21 business days from the first court appearance. Mediation sessions outside of 21 business days may be scheduled only by mutual agreement of the parties.

WARNINGCivil cases

The moving party is responsible for setting a civil motion for hearing, and if no hearing is set within 60 days after filing, the court may deem the motion withdrawn and deny the requested relief with or without prejudice.

The burden of setting a motion for hearing in a civil case is on the party making the motion. If a setting for hearing is not obtained by the moving party within sixty (60) days from the date it is filed, the court may deem the motion withdrawn and deny the relief requested with or without prejudice.

WARNINGCivil cases

The 60-day pretrial-motion rule does not apply to actions for forcible entry and detainer.

(c) The provisions of this rule shall not apply top actions for forcible entry and detainer.