Bureau Circuit Court, Illinois Filing Timing and Cure Windows

CRITICAL

An electronically filed 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

Documents must be filed with the Clerk before being presented to the court, except proposed orders.

All documents shall be filed with the Clerk of the Court pursuant to Supreme Court Rule 10 prior to their presentment to the court with the exception of proposed orders.

CRITICAL

During court hours, a complaint or petition requesting the specified ex parte or emergency relief must be filed with the Circuit Clerk before applying to the court for the order.

Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction, or any other emergency relief, shall be filed in the Office of the Circuit Clerk, if during court hours, before application to the court for the order.

CRITICAL

The transmission date and time govern the filing mark; pleadings received before midnight on an open day are filed that day, while filings on a closed day are filed the next business day.

The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the Circuit Clerk’s office is open shall be deemed filed that day. If filed on a day the Circuit Clerk’s office is not open for business, the document will be deemed filed the next business day.

WARNING

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.

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.

CRITICAL

A guardian must present the required account and evidence within 30 days after the guardian’s office terminates.

3) within 30 days after the termination of his office; and

CRITICAL

A petitioner or claimant must file and pay for a jury demand with the petition or claim; an opposing party must do so with an answer or other responsive pleading.

A petitioner or claimant desirous of a trial by jury pursuant to Section 8-1, 11a-11, 16-3 and 18-6 of the Probate Act of 1975, or any other section, must file a jury demand with the clerk and pay the fee as required by law at the time he files his petition or claim. A representative or other party in interest opposing the petition or claim or desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.

CRITICAL

A filed counterclaim must be heard on the date set for the contested claim hearing.

If a counterclaim has been filed, it shall be heard on the date set for hearing on the contested claim.

CRITICAL

After the first account, the executor or administrator must present an account annually.

2) annually after the date of the first account; and

CRITICAL

File media-coverage requests as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding was not scheduled that far in advance.

All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding). (Appendix A)

CRITICAL

At the claim hearing, the court may allow the claim and enter judgment if no objection has been filed within 30 days after proof is filed.

On the date set for the hearing of the claim, if no objection has been filed within thirty (30) days from the date of filing the proof, the claim may be allowed by the court and judgment entered pursuant to Section 18-7 of the Probate Act of 1975 in accordance with statutory classification.

CRITICAL

For a hearing seeking permanent relief, each party must file the Financial Affidavit at least 5 days before the final pre-trial conference.

In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.

CRITICAL

If no summons or other action occurs within 30 days after filing a pre-judgment petition, the Court must set a show-cause hearing, and failure to appear results in dismissal without prejudice.

If a pre-judgment petition is filed and no summons issued for 30 days from the date of filing and no other action is taken by the petitioning party, the Court shall issue a Rule to Show Cause as to why no summons has been issued within said time period, and a hearing date shall be set by the Court for the petitioning party to either issue summons or take other action as directed by the Court on said date. If the petitioning party fails to appear on the date scheduled by the Court, the petition shall be dismissed for want of prosecution without prejudice.

CRITICAL

Party objections should be filed within 3 days of receiving notice, unless the court prescribes otherwise.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes.

CRITICAL

For a hearing seeking temporary relief, the moving party must file the Financial Affidavit when filing the motion or petition.

In all hearings seeking temporary relief, the moving party shall file the Financial Affidavit at the time the motion or petition for temporary relief is filed

CRITICAL

The executor or administrator must present accounts at any other times the court orders.

3) at such other times as the court may order.

CRITICAL

The mediator must prepare a statistical report for each case and file it with the trial court administrator at least quarterly.

The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator.

CRITICAL

After the first account, a guardian must present an account annually.

2) annually after the date of the first account;

CRITICAL

If a pre-judgment petition is filed and service of summons issues within a 30-day period but no action is taken by the petitioning party no more than 60 days from the date of filing, the Court shall either schedule a date for the petitioning party to appear and show cause why no action has been taken or the Court shall take other action as he/she deems appropriate to expedite the proceeding in a reasonable manner. The failure of the petitioning party to appear on the date scheduled by the Court shall result in the petition being dismissed for want of prosecution without prejudice.

If a pre-judgment petition is filed and service of summons issues within a 30-day period but no action is taken by the petitioning party no more than 60 days from the date of filing, the Court shall either schedule a date for the petitioning party to appear and show cause why no action has been taken or the Court shall take other action as he/she deems appropriate to expedite the proceeding in a reasonable manner. The failure of the petitioning party to appear on the date scheduled by the Court shall result in the petition being dismissed for want of prosecution without prejudice.

CRITICAL

If the account is not presented within 60 days after the notice is mailed, the clerk must issue a citation directing the personal representative to account or appear to show cause.

If the account is not presented within 60 days after the date such notice was mailed, the clerk shall issue a citation directing the personal representative to account as required or to appear on a date fixed by the court to show cause why he should not do so, or be removed as personal representative.

CRITICAL

The pre-trial memorandum must be mailed at least five days before the pre-trial conference.

At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.

CRITICAL

An applicant denied inclusion or a mediator removed from the approved list may submit a written appeal to the Chief Judge or designee within 10 days.

An applicant denied inclusion on or removed from the court-approved list may appeal the decision in writing within ten (10) days to the Chief Judge or his/her designee.

CRITICAL

After a not-guilty plea at a felony arraignment, motions must be on file by the time specified by the court.

At the arraignment of defendants charged with a felony and upon a plea of not guilty, the court shall enter discovery orders on the State and defense counsel with a time designated for compliance, shall direct that all motions be on file within a time specified by the court, and shall place the cause on a judge's trial calendar.

CRITICAL

A petition for post-termination relief must be called for hearing within 120 days of filing or the Clerk will close the file without prejudice and place the case on the terminated list.

If any such petition is not called for hearing within one hundred-twenty (120) days from the date it is filed, or if there has been no action on a post-termination file for one hundred-eighty (180) days, the Clerk of the Circuit Court is directed to close the file without prejudice and put the case on the terminated list.

CRITICAL

A witness’s objection must be filed with the Clerk before the witness begins testifying.

4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.

CRITICAL

The legal representative or another person whose rights may be affected may file an answer contesting the claim within 30 days after the claimant files proof with the clerk.

The legal representative or any other persons whose right may be affected by the allowance of the claim may file an answer contesting the claim within thirty (30) days after the claimant has filed his proof with the clerk.

CRITICAL

Unless excused, petitioners must file receipts for all sums expended within 30 days after the withdrawal order is entered.

Unless excused from doing so, within 30 days after entry of the order for withdrawal, the petitioners shall file receipts for all sums expended.

CRITICAL

A guardian must present accounts at any other times the court orders.

4) at such other times as the court may order.

CRITICAL

A motion to reinstate must be filed within 30 days of dismissal to avoid the case being barred from redocketing under this provision.

Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of dismissal.

CRITICAL

In the specified permanent-relief proceedings, the parties must file the Final Pre-Trial Stipulation and property apportionment statement at least 5 days before the scheduled final pre-trial conference, unless the Court directs otherwise.

In all proceedings for permanent relief where the issue of child custody and/or property apportionment is in dispute, including issues of child support and apportionment of marital indebtedness, a Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment and Apportionment of Marital Indebtedness (similar to that found in Appendix D) shall be filed by the parties not less than five (5) days prior to the final pre-trial conference scheduled by the Court unless otherwise directed by the Court.

CRITICAL

The executor or administrator must present the required account and disbursement evidence within 60 days after the six-month period following issuance of letters expires.

1) within 60 days after the expiration of 6 months after the issuance of letters;

CRITICAL

Proof of service after a motion is heard without prior notice must be filed with the Clerk within two days of the hearing.

proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.

CRITICAL

A guardian must present an administration account within 30 days after the first year from issuance of letters and at least annually thereafter unless otherwise ordered.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of letters and, unless otherwise ordered, at least once each year thereafter.

CRITICAL

The first inventory must be filed within 60 days after letters are issued.

The first inventory shall be filed within 60 days after issuance of letters.

CRITICAL

The written judgment order and accompanying documents must be prepared and submitted within 14 days of the final hearing.

The written judgment order and accompanying documents as provided in 8.03 and 8.04 of these rules shall be prepared and submitted within and no more than fourteen (14) days of the final hearing.

CRITICAL

All motions must be filed with the Clerk before they are presented to the court.

All motions shall be filed with the Clerk of the Court prior to their presentment to the court.

CRITICAL

After the petitioner or claimant waives a jury, the opposing party may obtain a jury trial by promptly demanding one after notice of the waiver and paying the fee.

If the petitioner or claimant files a jury demand and thereafter waives jury, the opposing party will be granted a jury trial upon demand promptly made after being advised of the waiver and upon payment of the fee.

CRITICAL

The mediator must prepare the prescribed Mediator’s Report within ten days after the last mediation session ends and file it with the circuit clerk.

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.

CRITICAL

The mediator must report the mediation’s conclusion, termination, or suspension to the Court within 10 days of the last mediation session.

When the mediation process has been concluded, terminated, or suspended, that fact shall be reported by the mediator to the Court within 10 days of the last mediation session, but the mediator shall not report the substance of any conversation with either of the parties during the mediation meetings, nor shall the mediator be called as a witness in these proceedings.

CRITICAL

A counterclaim hearing must be at least 30 days after mailing or delivery unless the counterdefendant or attorney waives the notice and waiting period in writing.

A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.

CRITICAL

A representative or attorney filing a claim against the estate must apply at least 30 days before the hearing for appointment or waiver of appointment of a special administrator.

If the representative or his attorney files a claim against the estate, he shall apply to the court at least 30 days prior to the hearing on the claim for the appointment or waiver of appointment of a special administrator to appear and defend for the estate.

CRITICAL

The summary statement must be submitted at least five days before a contested trial, subject to court waiver and the stated case exceptions.

Unless waived by the court, at least five (5) days prior to a contested trial, the parties shall submit to the court and opposing counsel a summary statement of points and authorities citing all cases and statutes which they expect to argue. The statement may be in summary form similar to that provided in Supreme Court Rule 341(e)(1). Unless otherwise directed by the court, this rule shall not apply to traffic, ordinance, and small claims cases.

CRITICAL

The foreign representative or attorney-in-fact must submit a report of compliance with the distributee’s receipt evidencing payment and delivery within 90 days after entry of the order, unless the court allows more time.

Within 90 days after entry of the order or within such further time as the court allows, the foreign representative or attorney-in-fact shall present to the court his report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

If no action is taken on a post-judgment petition within 60 days after filing, the Court must expedite the proceeding as provided for prejudgment petitions.

In the event no action is taken on a post-judgment petition no more than 60 days from the date of filing, the Court shall proceed to expedite the proceedings and act in the manner as provided in 8.06 (c) of these local rules (Prejudgment Petitions).

CRITICAL

The claimant must file proof of mailing or delivery, or a waiver, within 10 days after filing the claim.

The claimant shall file with the Clerk of the Court proof of mailing or delivery of the claim, or waiver thereof, within 10 days after filing the claim.

CRITICAL

The court or designated clerk must automatically set the claim hearing for no earlier than 35 days after proof of mailing is filed.

The court, or if the court so designates, the clerk, shall automatically set the claim for hearing not less than thirty-five (35) days after the filing of the proof of mailing.

CRITICAL

For a hearing seeking temporary relief, the responding party must file the Financial Affidavit at least 7 days before the hearing.

The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.

CRITICAL

The parties or their attorneys must present each mediated agreement to the Court within 45 days after the final Mediator’s Report is filed.

Each mediated agreement shall be presented by the parties or their attorneys (if any) to the Court within 45 days following the filing of the final Mediator's Report.

CRITICAL

An objection to extended media coverage must be filed within three days of receiving notice of the request.

3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.

CRITICAL

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

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