15th Judicial Circuit Court, Carroll County, Illinois Adjournment & Extension Requirements

CRITICAL

A trial-continuance motion must comply with the cited authorities, be filed and noticed at least seven days before trial, and be set for hearing at least four days before trial.

All motions to continue a trial shall fully comply with this Rule and 735 ILCS 5/2-1007, S. Ct. R. 231, and 725 ILCS 5/114-4, as applicable. The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

Continue a case-management conference only to a definite date for another conference, by written order or docket entry.

All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

CRITICAL

Only the Court may grant a trial continuance.

Only the Court can grant a motion to continue a trial.

CRITICAL

An agreed bench-trial continuance requires good cause and, when practicable, must be heard at least four days before trial.

An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin.

CRITICAL

A motion to continue may be granted only for good cause.

No motion to continue shall be allowed for other than good cause.

CRITICAL

A trial-continuance motion and written notice to attorneys and SRLs of record are due at least seven days before trial, and the motion must be set for hearing at least four days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

A representative seeking an extension or less frequent accountings must petition with reasons, and an granted extension must specify a definite date for the next accounting.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

A case management conference continuance must be set to a definite date for a subsequent conference and made by written order or docket entry.

All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

CRITICAL

An agreed or uncontested jury-trial continuance is allowed only when justice otherwise would be denied; an agreed or stipulated bench-trial continuance requires good cause and, whenever practicable, must be heard at least four days before trial, and only the Court may grant a continuance.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied. An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin. Only the Court can grant a motion to continue a trial.

CRITICAL

A party may move to defer mediation within 14 days after referral; the motion must be noticed for hearing before the scheduled mediation, notify interested parties, explain the supporting facts in detail, and mediation is tolled pending the Court’s decision.

(d) Motion to Defer Mediation. Within 14 days after entry of the order of referral, any party may move to defer the mediation. The movant shall notice the motion for hearing before the mediation’s scheduled date. 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 the Court decides the motion.

CRITICAL

Mediation must be completed within seven weeks of the first mediation conference unless the Court orders an extension or the parties stipulate to one.

Mediation shall be completed with seven weeks of the first mediation conference unless extended by order of the Court or by stipulation of the parties.

CRITICAL

A motion to continue may be allowed only for good cause.

No motion to continue shall be allowed for other than good cause.

CRITICAL

An agreed or uncontested jury-trial continuance may be granted only when justice otherwise would be denied.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied.

CRITICAL

A representative seeking an accounting extension or less frequent accounts must file a verified petition stating reasons; any granted extension must set a definite next filing date.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

WARNING

A party’s failure to file a financial affidavit when due may constitute good cause for the Court to continue the hearing.

The failure of a party to file a financial affidavit when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

Absent extraordinary circumstances, anyone prejudiced by a filing being treated as effective on the first attempted date is entitled to an order extending the affected response period or other deadline.

In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the requirement in these Rules 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 period within which any right, duty, or other act must be performed.

WARNING

The Court may condition a trial continuance on the moving party paying juror, witness, or attorney fees, lost wages, and other reasonable expenses associated with continuing the trial.

The Court, on its motion or on motion of the party not seeking the continuance, may condition a continuance on the moving party’s payment of juror fees, witness fees, attorneys’ fees, lost wages, and/or other reasonable expenses associated with continuing the trial.

WARNING

If justice requires a continuance because of the non-moving party’s conduct, the Court may assess sanctions against that party under the cited rules.

If justice requires that a trial be continued because of the conduct of the non-moving party, the Court may assess sanctions against the non- moving party under S. Ct. R. 137 and/or S. Ct. R. 219.

WARNING

Mediation is tolled until the Court rules on a motion to defer mediation.

Mediation shall be tolled until the Court decides the motion.

WARNINGCourt notice

Matters scheduled to be heard on a listed legal holiday are continued to the Court’s next business day.

All matters returnable on said legal holidays will be continued to the next business day of the Court.

WARNING

A party may seek interim or emergency relief at any time, and mediation continues while the motion is pending unless the Court orders otherwise or the mediator decides to adjourn it.

A party may apply to the Court for interim or emergency relief at any time. Mediation shall continue while an emergency motion is pending absent a contrary order of the Court or a decision of the mediator to adjourn pending a disposition of the motion.

WARNING

The Court may require affidavits from the parties and attorneys in connection with a motion to continue.

The Court may require affidavits of the parties and attorneys.

WARNING

A party’s failure to file the proposed property apportionment statement when due may constitute good cause for the Court to continue the hearing.

The failure of a party to file a statement when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

Counsel’s agreement does not bind the Court on a continuance, and the Court may require affidavits from parties and attorneys.

Agreements of counsel as to a motion to continue shall not be binding on the Court. The Court may require affidavits of the parties and attorneys.

WARNING

The mediator may adjourn a mediation conference at any time and set a reconvening time; parties present at the adjourned conference need no further notification.

The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the adjourned conference.

WARNING

Counsel’s agreement on a motion to continue does not bind the Court.

Agreements of counsel as to a motion to continue shall not be binding on the Court.

WARNINGCourt notice

Matters scheduled to be returnable on a listed legal holiday are continued to the next business day of the Court.

All matters returnable on said legal holidays will be continued to the next business day of the Court.