Circuit Court of Clay County, Illinois (4th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A written extension request must specify its reasons and seek a definite date; for good cause, the Court may consider it without notice or hearing, but may direct notice of a new hearing date to interested parties.
- The mediator may adjourn the conference at any time and set a time to reconvene; parties present at the adjourned conference need not receive further notification.
- Mediation must be completed within seven weeks of the first conference, unless the court orders an extension or the parties stipulate to one.
Request must include
Page & Word Limits1 rule
A party may submit a position letter to the mediator within 14 days of the Mediation Order; any submitted letter must be no more than two pages.
- Letter
- Up to 2 pages
Court's wording
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Document Format Requirements2 rules
All submissions shall be submitted in PDF format;
- File type
(vi) For any exhibit or other document greater than four pages long, page numbers must be inserted electronically or legibly within the PDF (not handwritten).
- More than 4 pages
Document Filing Requirements65 rules
Notice of motion to be made shall state the nature of the motion.
The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented.
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case and hearing details on parties not in default and file proof of service within two days after the hearing.
Court's wording
(c) Notice After Hearing: If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
(e) When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.
Counsel must file a certification briefly describing a discovery request and including proof of service, though identical requests to multiple parties may be covered by one certification.
- Document
- Discovery request service certification
Must include
- •Certificate of service
Court's wording
(a) Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court. If identical requests are made of multiple parties, they may be included in one certification.
Counsel must file a compliance certification describing the documents provided in response to a discovery request, but must not file the responsive documents with the Circuit Clerk.
Court's wording
(b) Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.
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,
A subpoena recipient with possession or control may comply without appearing personally by providing complete, legible copies and a certificate of complete and accurate compliance to the Circuit Clerk by the subpoena’s return date.
Court's wording
The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.
A certification page with the prescribed certification and signature fields must accompany every subpoena issued under this section.
Court's wording
(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena. ___________________ __________________________ Date Signature __________________________ Printed Name
The parties must file a Financial Affidavit in proceedings involving the specified disputes or modifications, when applicable law requires it, or when the Court orders it.
Court's wording
(a) Filing of Financial Affidavit – The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings where there is a dispute involving attorney’s fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto; (2) As required by applicable law; and (3) As otherwise ordered by the Court.
(b) The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.
If child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court with the initial pleadings or as soon as the dispute becomes known.
Court's wording
8-2 Notice of Dispute as to Child Custody or Allocation of Parental Responsibilities: If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.
If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.
If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10.
The person seeking the specified marital-status or parental-responsibility relief, or that person’s attorney, must present the listed prove-up documents to the court before testimony begins.
- Document
- Prove up package
Must include
- •Proposed order
Court's wording
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following: (1) Proposed judgment order; (2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable; (3) Fully completed uniform order for payment of support or maintenance, if applicable; (4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order; (5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered; (6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.
When issues are disputed, each party must file a proposed disposition addressing all issues by the earlier specified deadline, unless the court orders otherwise.
Court's wording
In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.
If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.
If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.
The complaint to be used in small claims actions shall provide for a statement of claim setting forth the elements provided in Supreme Court Rule 282.
A prevailing plaintiff seeking costs other than filing or summons-service fees must file a detailed cost affidavit before judgment is entered.
Court's wording
A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.
The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court. Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.
(v) An index of exhibits, if any, shall be included that states the number of pages for each exhibit; and
- Document
- Exhibit submission
Must include
- •Exhibit list
Each proposed order, fully signed agreed order, agreement, stipulation, or other document must be submitted as a separate file whose name identifies the offering party and the document’s nature.
Court's wording
(iv) Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document (e.g., Plaintiff proposed order, Petitioner agreed order, Defendant stipulation, Respondent cases in support, etc.);
By the status date, the mediator must submit a Mediator Report to the court and the parties’ legal counsel.
Court's wording
By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report.
Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.
The Mediator Report must state whether the parties reached an agreement.
Court's wording
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following: (1) Whether an agreement has been reached by the parties;
Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.
The motion shall set forth in detail, the facts and circumstances supporting the motion.
Each party must provide the mediator a written case summary at least 10 days before the conference, including the issues, facts pertaining to the mediated issue, and participant contact information.
Court's wording
At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.
The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.
For a handwritten will, the petitioner must file a typewritten copy with the probate petition and an affidavit verifying the copy.
Court's wording
(a) Holographic Will: When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.
(c) Affidavit Regarding Heirship: An affidavit of heirship shall include the following: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage;
(c) All Other Wills: In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.
When a will-admission or letters-of-administration petition is filed, heirship must be proved by qualifying open-court testimony documented and filed with the clerk, or by an affidavit under Probate Act Section 5-3.
Court's wording
(a) Manner of Proving Heirship: When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.
(b) Will in Language Other Than English: When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.
(b) Proof of Heirship: The proof of heirship shall be made by any person with sufficient knowledge of facts from which heirship can be determined.
(9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.
If the decedent had no spouse or descendants, the affidavit must identify the specified relatives and state that there are no others in those categories.
Court's wording
(5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted.
When filing the specified heirship affidavit, the representative must submit a separate proposed order to the Circuit Clerk that reflects the affidavit’s concluding language.
- Document
- Affidavit
Must include
- •Proposed order
Court's wording
(d) Order Declaring Heirship: At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
(4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted.
(6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship.
The affidavit’s concluding section must trace each heir’s per stirpes relationship to the decedent.
Court's wording
(8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
(7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same.
(3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted.
All unexpended funds shall be redeposited in accordance with Section 24-21 of the Illinois Probate Act.
A guardian’s petition to use estate assets for support, comfort, or education must state the estate’s present value, available annual income, and expenditure purpose, and list all payments received by the ward or petitioner in the specified capacities.
Court's wording
13-5 Expenditures from Ward's Estate: A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.
An individual surety must provide a residence address below the signature and, if the court requests, furnish a verified affidavit and written notice agreement concerning specified real estate.
Court's wording
(a) Individuals: When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.
The representative’s bond must be written and signed by the representative, even if security is excused by the will or statute.
Court's wording
(b) Written Bond: Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.
An accounting hearing notice must state the hearing’s time, date, place, and nature and include the specified statement or a substantially similar one.
Court's wording
The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”
A verified settlement petition for a claim involving a minor or ward must be executed by the specified legal representative and include the listed occurrence, party, insurance, injury, medical, and settlement information.
Court's wording
To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.
Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.
The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.
A citation petition presented for filing must be accompanied by the requested proposed citation with a return date coordinated with the Clerk and a proposed order; the Clerk must reject a petition missing either.
- Document
- Petition for citation
Must include
- •Proposed order
Court's wording
Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation. If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.
Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.
The case must be continued to a specific date for filing a financial-institution voucher that acknowledges receipt of the funds and settlement order and includes the stated withdrawal restriction.
Court's wording
The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: “No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}.”
A party requesting return of discoverable material by mail must provide an appropriately sized envelope addressed to the Circuit Clerk with the case name, case number, hearing date, and specified endorsement.
Court's wording
A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.
If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.
Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.
In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.
Each proposed exhibit must be a separate file named to identify the offering party and exhibit number.
Court's wording
Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);
The subject line for a submission email shall include the case number and the last name of at least one party;
The presiding judge or assigned judge may, in their discretion, waive the requirements for submitting documents in advance.
Court's wording
(5) Notwithstanding the provisions of this rule, the presiding judge or the judge specifically assigned to a case may, in that judge’s discretion, waive the requirements for submitting any document in advance.
If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered as appropriate.
Court's wording
(e) Amended Order Declaring Heirship: If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.
The petitioner may be required to furnish evidence that the sums to be withdrawn or proceeds of sale or redemption are necessary for the ward's support, comfort, education, or other benefit to the ward or his dependents.
If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed.
Filing & Service rules
Electronic Filing Rules
Documents intended for the court at a remote hearing must be submitted through the county e-filing system or a designated Dropbox account.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | 10-8(f)(4) Rules and Procedures
Filing Timing and Cure Windows
When required, a Financial Affidavit must be filed by the proposed-parenting-plan deadline or at least five days before the contested-issues hearing, whichever is sooner, unless the court orders otherwise.
(d) Time for Filing Financial Affidavits: Financial Affidavits, when required, shall be filed within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.
Page 16 | RULE 8-3
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Page 21 | RULE 10. ADMINISTRATIVE RULES
Documents intended for the court at a remote hearing must be submitted at least 48 hours before the hearing through the county e-filing system or a designated Dropbox account.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | 10-8(f)(4) Rules and Procedures
The Mediator Report must be filed before the status date and within 14 days after the last day of the mediation conference.
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:
Page 30 | 11-8(b) Mediator Report
The mediator must file a report with the court within 14 days after mediation terminates, stating whether the parties reached an agreement.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.
Page 36 | Rule 12. Civil Mediation
Unless the Court excuses the requirement, the petitioner must file receipts for all sums expended within 30 days after entry of the withdrawal order.
Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.
Page 40 | 13-6 Withdrawal of Ward's Money
Service and Proof of Service Rules
The notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.
A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
Page 10 | RULE 5. MOTIONS
The party requesting a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of the hearing of all motions shall be given by the party requesting hearing to all parties who have appeared and have not theretofore been found by the Court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of notice.
Page 10 | RULE 5. MOTIONS
A summary judgment motion cannot be heard until at least ten days after service of its notice of motion under Supreme Court Rule 11.
(e) Summary Judgment: A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
Except as otherwise provided, notice of a motion hearing must be served by the second court day before the hearing, with completion determined by the delivery method and time.
(d) Time of Notice: Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing. If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12.
Page 11 | RULE 5. MOTIONS
The attorney obtaining an order after a motion heard without prior notice must serve the required notice on parties not in default and file proof of service within two days after the hearing.
(c) Notice After Hearing: If a motion is heard without prior notice under this rule, written notice of the hearing of the motion showing the title and number of the action, the name of the Judge who heard the motion, date of the hearing, and the order of the Court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the Court to be in default for failure to plead thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | 5-2 Ex Parte and Emergency Motions
Notices must be served in the manner and on the persons specified in Supreme Court Rule 11.
(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | RULE 5. MOTIONS
After dismissing a cause for want of prosecution, the Clerk must mail notice to all pro se parties and attorneys of record within 10 days and file the notice with a certificate of mailing.
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal. A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.
Page 13 | RULE 7. PRE-TRIAL PROCEDURE, 7-3(b) Notice
A copy of the subpoena and notice of service must be mailed first class to all parties who have appeared within 48 hours of issuance.
a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(e) Form of Subpoena
Only completed subpoenas may be submitted to the Circuit Clerk for issuance, and subpoenas under this rule must be served in accordance with the Supreme Court Rules.
Only completed subpoenas shall be submitted to the Circuit Clerk for issuance. Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(b) Service
Each defendant must be served with a summons substantially in the form prescribed by Supreme Court Rule 101(b), together with the complaint.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
Page 18 | RULE 9. SPECIAL RULES PERTAINING TO SMALL CLAIMS CASES
(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;
(b) File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12, or;
Page 19 | 9-6 Response by the Defendant
Unless the judge has already required or allowed remote appearance, a person who needs judicial approval must seek permission through a written motion filed, scheduled, and served under Local Rule 5.1.
Unless already required or allowed by the presiding judge or the judge specifically assigned to the case, a person seeking permission to appear remotely pursuant to S. Ct. R. 45(c) or (d) under circumstances that require approval of the judge presiding over the matter under S. Ct. R. 45, must seek that permission through a written motion filed, scheduled, and served as required by Local Rule 5.1.
Page 21 | 10-8(c) Scheduling
If a party submits a position letter to the mediator, a copy must also be submitted to the other party or their counsel if represented.
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Page 30 | 11-7(a) Referral Procedure
An attorney submitting a letter to the mediator must provide a copy to opposing counsel or the opposing party.
The attorney shall provide a copy of such letter to the opposing counsel or party.
Page 31 | 11-9(c) Attorney Letter to Mediator
The Clerk must mail notice that the account is due and notice of the hearing date and time to the estate’s attorneys of record or, if there are none, to the representative.
The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.
Page 42 | 13-8(d)(1) Periodic Accounting Not Filed
Notice of an accounting hearing must be given and served in accordance with Supreme Court Rules 11 and 12.
The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.
Page 42 | 13-8(e)(3) Notice of Accounting
Unless waived, notice of an accounting hearing must be given to the ward, qualifying claimants, and all other interested persons.
Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).
Page 42 | 13-8(e)(1) Notice of Accounting
When issuing a required Rule to Show Cause, the Clerk must mail notice of the contempt proceeding and its return date to all interested persons, including unpaid creditors.
At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 42 | 13-8(d)(4) Periodic Accounting Not Filed
Notice of a motion made within a court day of trial must be given as the court directs.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 10 | RULE 5. MOTIONS
The Court may hear emergency motions and motions legally permitted ex parte without calling them for hearing, and emergency motions should receive precedence where possible.
(b) Notice Not Required: Emergency motions and motions which by law may be made ex parte may, in the discretion of the Court, be heard without calling the motion for hearing. Emergency motions shall, so far as possible be given precedence.
Page 11 | 5-2 Ex Parte and Emergency Motions
Mail service of a subpoena may be prima facie proved with the specified certified- or registered-mail return receipt and affidavit, showing 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 or her authorized agent by certified or registered mail at least 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 reasonable copy charges enclosed.
Page 14 | RULE 7. PRE-TRIAL PROCEDURE, 7-4(c) Response
If an estate has had no activity for at least one year, the Court may set a status call and direct the Clerk to notify the attorney of record, the personal representative, or both at their last known address.
Whenever the Court determines that there has been no activity in an estate for a period of not less than one (1) year, the Court may set the estate for status call and direct the Clerk to give notice of the time, date and place to the attorney of record, the personal representative, or both, at their last known address.
Page 41 | 13-7 Dormant Estates
Filing Fees and Waivers
A jury demand requires payment of the jury fee before the Court sets the case for jury trial.
Upon a demand for trial by jury and payment of the jury fee, the Court shall set the cause for jury trial following such pretrial conferences, settlement conferences and other proceedings as the court deems appropriate.
Page 19 | 9-9 Demand for Trial by Jury
Filing Bundling Requirements
The required prove-up documents must be presented to the court together in a single package before testimony begins.
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following:
Page 17 | 8-5 Requirements for Judgment
Adjournment & Extension Requirements
Mediation must be completed within seven weeks of the first conference, unless the court orders an extension or the parties stipulate to one.
Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by the order of the court or by stipulation of the parties.
Page 35 | Rule 12. Civil Mediation
A written extension request must specify its reasons and seek a definite date; for good cause, the Court may consider it without notice or hearing, but may direct notice of a new hearing date to interested parties.
Requests for an extension of time to a definite date or for an order allowing the accounting in a particular estate less frequently than above provided shall be made by written request of the personal representative, or his or her attorney, specifying the reasons for the request. On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.
Page 41 | 13-8(c) Requests for Extension of Time to File
The mediator may adjourn the conference at any time and set a time to reconvene; parties present at the adjourned conference need not receive further notification.
(f) Adjournments: 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.
Page 35 | Rule 12. Civil Mediation