15th Judicial Circuit Court, Carroll County, Illinois Filing Timing and Cure Windows

CRITICAL

During business hours, file an emergency complaint or petition with the Clerk before presenting it to the Court.

Every complaint or petition requesting an ex parte order appointing a receiver, a temporary restraining order, a preliminary injunction, a domestic violence order, or any other emergency relief shall be filed with the Clerk, if during business hours, before presentation to the Court.

CRITICAL

A pleading accompanied by an indigency petition is considered filed when electronically filed or properly presented to the Clerk.

A pleading accompanied by a petition to sue or defend as an indigent person is considered filed when it is electronically filed or properly presented to the Clerk for filing.

CRITICAL

The transmission time determines the e-filing time; pleadings received before midnight on an open day are filed that day, while filings on a closed day are filed the next business day, subject to Rule 2.13.

Except as set forth in Rule 2.13, the transmission date and time of transfer shall determine the date and time of the E-filing. Pleadings received by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the next business day.

CRITICAL

The transmission timestamp controls; pleadings received before midnight on an open day are filed that day, and filings on a closed day are filed the next business day.

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

CRITICAL

A complaint or petition requesting specified ex parte or emergency relief must be filed with the Clerk before presentation to the Court if presented during business hours.

Every complaint or petition requesting an ex parte order appointing a receiver, a temporary restraining order, a preliminary injunction, a domestic violence order, or any other emergency relief shall be filed with the Clerk, if during business hours, before presentation to the Court.

CRITICAL

A pleading accompanied by an indigency petition is considered filed when e-filed or properly presented to the Clerk.

A pleading accompanied by a petition to sue or defend as an indigent person is considered filed when it is electronically filed or properly presented to the Clerk for filing.

WARNING

The Clerk must promptly present indigency petitions to the Court for consideration.

The Clerk shall promptly present all petitions to sue or defend as an indigent person to the Court for consideration.

WARNING

For specified transmission, processing, rejection, technical, or service-list errors, the Court may, on satisfactory proof, allow later filing effective as of the first attempted filing date.

If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

For the listed transmission, processing, rejection, technical, or service-list errors, the Court may, on satisfactory proof, permit a later filing to take effect as of the first attempted filing date.

If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

The EFM must notify the filer of receipt, acceptance, or rejection of e-documents.

The EFM shall provide notification of a receipt, acceptance, or rejection of E-documents.

INFO

Upon the Clerk’s acceptance, the EFM must apply a file stamp, which gives the filing the same effect as a conventionally file-stamped document.

On acceptance by the Clerk, the EFM shall apply the file stamp to the E-document. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.

CRITICAL

When property apportionment is disputed, the proposed apportionment statement is due at least five days before the hearing, unless otherwise ordered by the Court.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Dispositive motions must be filed and brought to argument no later than 90 days before trial.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date.

CRITICAL

A guardian must file the first account within 30 days after the first year of appointment and subsequent accounts at least annually unless ordered otherwise.

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

CRITICALCourt notice

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

The time for filing all motions and pleadings is extended to the next business day of the Court.

CRITICAL

An attorney or SRL directed to submit a written order must meet the 30-day deadline or another deadline set by the Court.

When the Court enters a ruling in any case, it may require that a written order be submitted through e-filing or otherwise, and the attorney or SRL directed to submit the order shall do so within 30 days or other time established by the Court.

CRITICAL

Within 90 days after the order, or additional time allowed by the Court, submit a compliance report with the distributee’s receipt showing payment and delivery.

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

CRITICAL

A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open.

A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open.

CRITICAL

If the account remains unfiled 60 days after the Clerk’s notice, the Clerk must issue a citation with a definite accounting or appearance date.

If the account is not presented within 60 days after the Clerk’s notice, the Clerk shall issue a citation directing the representative to account as required by a date certain or appear on that date to show cause why he or she should not do so;

CRITICAL

The Clerk must set a motion to vacate a sealing or impoundment order for hearing within 14 days.

The Clerk within 14 days shall set the motion for hearing before the judge who ordered the case, record, or document to be sealed or impounded.

CRITICAL

Unless excused, file each inventory with the Clerk and file the first inventory within 60 days after letters issue.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk. The first inventory shall be filed within 60 days after the Clerk issues letters of office.

CRITICAL

The moving party must call a motion for hearing, and the Court may strike it if it is not called within 90 days after filing.

The burden of calling a motion for hearing is on the moving party. If a motion is not called for hearing within 90 days from the date it is filed, the Court may enter an order striking the motion.

CRITICAL

A party who appears without service of summons must plead within the time that would apply if summons had been served on the day of the appearance.

A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he or she appears.

CRITICAL

Requests must be filed with the circuit clerk as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding was scheduled less than 7 days ahead.

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).

CRITICAL

Unless the Court orders otherwise, an opposition to a dispositive motion must be filed within 28 days after the motion is filed.

Unless otherwise ordered by the Court, responsive briefs in opposition to dispositive motions shall be filed no later than 28 days after the dispositive motion is filed.

CRITICAL

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

A motion to defer mediation may be made within 14 days after entry of the referral order.

Within 14 days after entry of the order of referral, any party may move to defer the mediation.

CRITICAL

A filing deadline falling on a weekend or designated holiday extends to the Court’s next business day.

Each Clerk’s office shall be closed on Saturdays and Sundays and on holidays designated by the Chief Judge. If the deadline for filing a notice, pleading, or action is on a Saturday, Sunday, or designated holiday, the time for filing the notice, pleading, or action is extended to the next business day of the Court.

CRITICAL

The settlement memorandum must be delivered to the Court at least seven days before the conference.

When a settlement conference is to be conducted, each attorney or SRL shall prepare a written memorandum setting forth the relevant facts of the case, the party’s settlement position, and the bases for that position and deliver a copy of the memorandum to the Court at least seven days before the conference.

CRITICAL

The Filer must make signed originals available for inspection on seven days’ notice.

The Filer shall make signed originals available for inspection by the Court, the Clerk, or other attorneys in the case on seven days’ notice.

CRITICAL

In supervised administration, guardians must present the required account within the stated initial period, annually thereafter, within 30 days after their office terminates, and at other times the Court requires.

Every guardian shall present the account required by section 24-11 of the Act within 30 days after the date that is one year after the Clerk issued letters of office, annually after the date of the first account, within 30 days after the termination of the guardian’s office, and at other times as the Court requires.

CRITICAL

A filing deadline that falls on a Saturday, Sunday, or designated holiday extends to the Court’s next business day.

If the deadline for filing a notice, pleading, or action is on a Saturday, Sunday, or designated holiday, the time for filing the notice, pleading, or action is extended to the next business day of the Court.

CRITICAL

Applies to

Jury demand

If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee. Otherwise, the party waives a jury trial.

If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee. Otherwise, the party waives a jury trial.

CRITICAL

The objection must be filed with the Clerk before the witness’s testimony begins.

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

CRITICAL

In supervised administration, executors and administrators must present the required account within the stated initial period, annually thereafter, and at other times the Court requires.

Every executor and administrator shall present the account required by section 24-1 of the Act within 60 days after the date that is six months after the Clerk issued letters of office, annually after the date of the first account, and at other times as the Court requires.

CRITICAL

File and serve required pretrial documents at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Each mediated agreement must be presented to the Court within 30 days after mediation concludes.

Each mediated agreement shall be presented to the Court within 30 days following the conclusion of mediation.

CRITICAL

Unless excused, file receipts for all withdrawn funds spent within 30 days after authorization.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended.

CRITICAL

If the representative does not present the account within 60 days after the Clerk’s notice, the Clerk must issue a citation directing the representative to account by a date certain or appear to show cause.

If the account is not presented within 60 days after the Clerk’s notice, the Clerk shall issue a citation directing the representative to account as required by a date certain or appear on that date to show cause why he or she should not do so;

CRITICAL

The first inventory must be filed within 60 days after the Clerk issues letters of office.

The first inventory shall be filed within 60 days after the Clerk issues letters of office.

CRITICAL

The foreign representative, attorney-in-fact, or assignee must present a compliance report within 90 days after the order, unless the Court allows more time.

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

CRITICAL

The objection must be filed within three days after receiving notice of the request for extended media coverage.

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

CRITICAL

Deadline

48 hours

Proof of service must be filed with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

Applies to

Mediator report

The mediator must file the report within 14 days after mediation terminates.

Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

For a sufficiently complex action, the Court may order the parties to disclose and exchange the listed information within 30 days, including information obtainable through reasonable inquiry.

The Court may, on written motion of a party or its own motion, determine that, because of the nature or complexity of an action, the parties shall, within 30 days and without further notice or request, disclose and exchange the following information, whether the information is within the possession, custody, or control of the party or can be ascertained or acquired by the party by reasonable inquiry and investigation:

CRITICAL

Required pretrial documents must be filed at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

Dispositive motions must be filed and brought to argument with notice at least 90 days before trial, subject to the Court’s power to limit or extend the period in the interests of justice.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date. The Court may limit or extend this time in the interests of justice.

CRITICAL

A required financial affidavit is due at least five days before the hearing, unless the Court orders otherwise.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court.

CRITICAL

The respondent may file a written answer no later than three days before the hearing.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

CRITICAL

Applies to

Jury demand

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

A petitioner or claimant desirous of a jury trial under the Act must file a jury demand with the Clerk and pay the required fee when the petition or claim is filed. A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading.