Judge Bernadette Barrett
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Email • No Less Than 7 Days Before Presentment
- Email • At Time Of Assignment
- Email • Upon Delivery
- Email • Upon Filing
- Mail • Upon Filing
- Upon Filing
All Motions
- Email • Within 1 Business Day
- Upon Filing
Brief, Pleading, Complaint
- Email • By 8 45 Am Email And 3 Pm Hard Copy
Confidential Pre Trial Memorandum
- Email • Before Settlement Conference
Communication
Clerk31 contacts
- tlhudson@cookcountycourt.com
- probatecrt1807orders@cookcountycourt.com
- probatecrt1803orders@cookcountycourt.com
- probatecrt1802orders@cookcountycourt.com
- probatecrt1806orders@cookcountycourt.com
- probatecrt1810orders@cookcountycourt.com
Show 25 moreShow fewer
- probatecrt1814aorders@cookcountycourt.com
- probatecrt1812orders@cookcountycourt.com
- probatecrt1809orders@cookcountycourt.com
- probatedivorders@cookcountycourt.com
- probatecrt1804orders@cookcountycourt.com
- probatecrt1811orders@cookcountycourt.com
- probatecrt1801orders@cookcountycourt.com
- joseph.fleming@cookcountyil.gov
- beanaele@cookcountycourt.com
- snadams@cookcountycourt.com
- dwhensel@cookcountycourt.com
- probatedivservices@cookcountycourt.com
- efilehelp@cookcountycourt.com
- jlmckay@cookcountycourt.com
- probate.divatty@cookcountyil.gov
- (312) 603-5694
- (312) 603-2486
- (312) 603-5025
- (312) 603-6878
- (312) 603-2591
- (312) 603-7229
- (312) 603-3784, (312) 603-5647
- (312) 603-6558
- (312) 603-5157
- (312) 603-5647
Chambers4 contacts
- law.calwcc@cookcountyil.gov
- (312) 603-5943
- (312) 603-7546
- (312) 603-7545
Document Format Requirements6 rules
Orders for the court must be tendered in both PDF and Word formats within one hour when appearing via Zoom; in-person orders must go to the Clerk immediately after rulings, or the court may enter its own order.
Orders tendered for the court’s consideration shall be tendered in both PDF and Word formats within the hour of court appearance when appearing via Zoom. If appearing in person, all orders must be tendered to the Clerk immediately after the court’s rulings. Failure to tender the order in a timely manner may result in the court entering its own.
Motions for default judgment and supporting materials must be submitted as a clearly labeled text-searchable PDF with bookmarks.
Motions for default judgment and the supporting materials must be clearly labeled in a text-searchable PDF with bookmarks and sent via email and hard copy, placed in the bin outside Courtroom 1912.
The clean jury instruction set must be in sequential order and contain no markings or page numbers other than the instruction itself.
(2) The clean set must be in sequential order with no markings (e.g., no page numbers)—other than the instruction itself.
Electronic courtesy copies must be delivered in an organized, searchable format with exhibits properly attached and marked.
Courtesy copies of all are by signatories copies of all documents shall be delivered to the court electronically (e.g., email attachment, cloud-based storage, or USB thumb drive) in an organized and searchable format with exhibits properly attached and marked.
Electronic file names submitted to the court must include a date in YYYY-MM-DD form and an identification of the document.
Any electronic files submitted to the court shall state in the filename (1) the date the document was filed in the form YYYY-MM-DD; and (2) identification of what it is.
All electronic courtesy copies must be in text-searchable PDF format with bookmarks.
All electronic courtesy copies shall be in text-searchable PDF format with bookmarks.
Document Filing Requirements27 rules
Parties must deliver an order memorializing the Court's ruling by 1:00 p.m. on the day of the hearing.
You are required to deliver to the Court an order memorializing the Court's ruling not later than 1:00 p.m. on the day of your hearing.
Document Type
Order
All courtesy copies must include a notice of motion and certificate of service.
You must include a notice of motion and certificate of service in all courtesy copies.
Document Type
Courtesy Copy
All routine motions must include a proposed order.
Document Type
Routine Motion
Default judgment packages must include, in addition to the Uniform Standing Order requirements, an affidavit of proof of service on defendants, an affidavit of damages with business ledger, and an affidavit of attorney's fees of preparation with actual costs.
In addition to the requirements for the Continuing Compliance with the Uniform Uniform Standing Order for All Commercial Calendars you must tender the prove-up documents: (a) declaration with a certificate of service showing service and compliance of the defendant(s); (b) declaration of damages which includes a business ledger establishing the amount due; and (c) declaration of attorney’s fees with contemporaneous billing records showing data and charges. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken.
Document Type
Prove Up Documents
Trial packages must contain the estimated trial day count, statement of case, witness lists, stipulations, motions in limine, evidence depositions, exhibit lists/exhibits, and state-rule-213 disclosures.
The following information and documents shall be delivered: (A) Estimated number of trial days (B) Statement of the case (C) Witness list (D) Stipulations (E) Motions in Limine (F) Evidence depositions (G) Exhibit lists and/or Exhibits (H) Ill. S. Ct. R. 213 disclosures
Document Type
Trial Materials
All written communications with court staff must include the case name, docket number, and must copy all parties and attorneys of record.
All emails written communications with court staff must list the case name and docket number. All parties and attorneys of record must be copied on all written communications with court staff.
Document Type
Written Communication To Court
Every courtesy copy must include a cover letter or email with the case number, caption, and a statement that the delivery is pursuant to the order, and all parties of record must be copied.
Courtesy copies shall be accompanied by a cover letter or cover email containing the case number, caption, and a statement that the delivery is pursuant to this order. The movant shall copy all parties of record to this correspondence.
Document Type
Courtesy Copy Cover Letter
Motions to compel must state the attorney's actual consultation and reasonable attempts to resolve disputes, or the motion will be stricken.
All motions to compel must articulate the attorney’s the actual efforts at personal consultation and reasonable attempts to resolve differences with opposing counsel. See Ill. S. Ct. R. 201(k) (eff. July 30, 2014). Failure to articulate the efforts of incompetence will result in the motion being stricken.
Document Type
Motion To Compel
Affidavits must explain how damages, including interest and late charges, were calculated and cite contract provisions regarding interest, late fees, and attorney fees.
3. Calculation. An affidavit shall explain how the damages, including interest and late charges, were calculated. It shall cite the pertinent provisions of the contract regarding interest, late fees, attorney fees, etc.
Document Type
Prove Up Affidavit
Affidavits must disclose whether they are based on personal knowledge, attached documents, or both, and explain how the affiant knows the facts.
1. Basis. An affidavit shall state whether it is grounded upon or within attached documents, or both. The affidavit shall explain how the affiant knows the facts.
Document Type
Prove Up Affidavit
Affidavits must establish the foundation for attached documents and, if they are offered for their truth, must establish they are business records.
2. Foundation. An affidavit shall set forth the foundation for any document attached. If the affiant offers a document for its truth, the affiant shall establish it is a business record.
Document Type
Prove Up Affidavit
Default judgment motions must include at the top of the packet the Return of Service, foundational Prove-Up Affidavit(s), and if applicable an Attorney Fee Affidavit with contemporaneous billing records.
In addition to the requirements set forth in the Uniform Standing Order for All Commercial Calendars, motions for default judgement must include at the top of the packet: Return of Service, Prove-Up Affidavit(s) that lay a foundation for the attached business ledger or records, and, if applicable, an Attorney Fee Affidavit(s) with contemporaneous billing records attached.
Document Type
Motion For Default Judgment
In collection cases, plaintiff must submit a business ledger with an affidavit establishing the ledger is a business record.
In collection cases, the plaintiff shall submit a ledger accompanied by an affidavit establishing that it is a business record.
Document Type
Business Ledger
Attorney fee affidavits must establish reasonableness of the amount sought and include the specific reasonableness factors listed.
4. Attorney's Fees. An affidavit shall establish the reasonableness of the amount sought. It must include: (1) the skill and standing of the attorneys, (2) the nature of the case and the novelty and/or difficulty of the issues and work involved, (3) the value and importance of the matter, (4) the degree of responsibility required, (5) the usual and customary charges and a reasonable connection between the fees and the amount involved in the litigation.
Document Type
Attorney Fee Affidavit
Attorney fee affidavits must attach contemporaneous billing records with detailed entries specifying services, provider, time, and hourly rate.
Contemporaneous billing records shall be attached. Accordingly, the records must provide detailed billing entry descriptions specifying the services performed, who did it, how long it took, and the hourly fee charged based on contemporaneous time records.
Document Type
Attorney Fee Affidavit
If a motion attacks a pleading, the courtesy copy must include the pleading attacked.
Document Type
Courtesy Copy
A proposed final order granting permission to bring trial equipment into the building must be submitted for the court’s consideration.
Please provide a court order granting permission to bring the equipment into the courthouse for the court’s consideration.
Document Type
Trial Equipment Permission Order
At trial, a short trial brief should be provided when appropriate and proposed jury instructions if applicable.
(J) When appropriate, short trial brief with attention to primary contested issues of fact, unusual issues of law and authority; (K) Proposed jury instructions if applicable
Document Type
Trial Materials
The marked jury instruction set must identify the offering party, be sequentially numbered, and list the appropriate criminal IPI citation.
(1) The marked and number set must designate the party offering the instruction, must be sequentially-numbered, and must contain the appropriate IPI Citation.
Document Type
Jury Instructions Marked Set
The marked set must be numbered with the IPI designator for the court file, and the appropriate ruling lines must appear on the face of each instruction.
The marked set of instructions must be properly numbered with the IPI designator for the court file with the appropriate lines for rulings on the face of the instruction.
Document Type
Jury Instructions Marked Set
Two sets of jury instructions are required at the start of the case: a marked/numbered set and a clean set.
Two sets of jury instructions are required at the commencement of the case: (1) one set marked and numbered; and (2) a clean set.
Document Type
Jury Instructions
Every instruction must include the six standard ruling lines (Given, No objection, Given over objection, Given as modified, Refused, Withdrawn).
Each instruction must contain the following lines: a. ____ Given; b. ____ No objection; c. ____ Given, over objection; d. ____ Given, as modified; e. ____ Refused; f. ____ Withdrawn
Document Type
Jury Instructions
Affidavits of Engagement must identify the case name, case number, and trial judge.
Affidavits of Engagement must include the cause name, number, and the trial judge.
Document Type
Affidavit Of Engagement
A trial continuance motion based on an unavailable material witness must include a copy of the served subpoena.
If the party is unavailable, a copy of the executed subpoena must be included.
Document Type
Motion For Trial Continuance
If the parties settle, they must tender an agreed dismissal order to retain jurisdiction and must specify in the order any upcoming court dates to be stricken.
If the parties have settled and agree on the material terms, please tender an agreed dismissal order with the court to retain jurisdiction to enforce the settlement. Please also strike any upcoming dates (specify the court date(s) in the order).
Document Type
Agreed Dismissal Order
The cover letter accompanying courtesy copies must contain the case name, case number, and date and time of the clerk status.
with an accompanying cover letter containing the case name, the case number and the date and time of the clerk status.
Document Type
Cover Letter
Settlement conference memoranda should outline the issues, damages, negotiation status, and any additional information useful to a meaningful conference.
The memoranda should include a short statement of the issues, the damages, the status of settlement negotiations, and any additional information which will help the court hold a meaningful settlement conference.
Document Type
Settlement Conference Memorandum
Filing & Service rules
Electronic Filing Rules
Motions must be e-filed on the Clerk's Office Electronic filing system.
Motions must be e-filed on the Clerk’s Office Electronic filing system.
Page 3 | B. Regular Motion Call
Routine Motions must be e-filed.
Routine Motions must be e-filed
Page 4 | D. Routine Motions
Default judgment motions and supporting materials must be submitted by email and as a hard copy placed in the bin outside Courtroom 1912.
Motions for default judgment and the supporting materials must be clearly labeled in a text-searchable PDF with bookmarks and sent via email and hard copy, placed in the bin outside Courtroom 1912.
Page 9 | DEFAULT JUDGMENT
Electronic copies of default judgment filings may be delivered by email, USB drive, or online link.
Electronic copies may be provided via email, USB drive, or online link.
Page 9 | DEFAULT JUDGMENT
Filing Timing and Cure Windows
Trial materials must go to the court by email (text-searchable PDF with bookmarks) and hard copy, and are due 14 days before the trial conference (or 14 days before trial if no conference is set).
Courtesy copies of trial materials shall be sent to the court via email in text-searchable PDF format with bookmarks and hard copies. Parties must review the Uniform Standing Order for All Commercial Calendars regarding deadlines for submitting trial materials. Materials are due 14 days before the trial conference. If no trial conference is scheduled, materials are due 14 days before the trial.
Page 4 | Trials/Trial Materials
There is a strict deadline to tender orders: within one hour of the court appearance when appearing via Zoom, or immediately to the Clerk after rulings when appearing in person.
Orders tendered for the court’s consideration shall be tendered in both PDF and Word formats within the hour of court appearance when appearing via Zoom. If the order appearing on the paper, all orders must be tendered to the Clerk immediately after the court’s rulings. Failure to tender the order in a timely manner may result in the court entering its own.
Page 7 | Orders
Any response to a motion must be filed on or before the date set by the court.
_________________ shall file any response to the motion(s) on or before ________________, with a copy thereof to be immediately served upon all parties entitled to notice pursuant to rule;
Page 1 | BRIEFING SCHEDULE ORDER
Any reply must be filed on or before the date set by the court.
________ shall file any reply on or before _____________, with a copy thereof to be immediately served upon all parties entitled to notice pursuant to rule;
Page 1 | BRIEFING SCHEDULE ORDER
Routine Motions must be scheduled for ruling no sooner than 5 days after notice is served.
Routine Motions must be e-filed and must be scheduled for ruling no sooner than 5 days after notice is served upon parties entitled to notice.
Page 4 | D. Routine Motions
Cases commence at 10:30 AM as scheduled by the court.
Trial audiences fall in the Calendar Corpsections as scheduled, starting at 10:30 AM.
Page 4 | Trials/Trial Materials
Continuance motions based on expert witness unavailability must be filed with due diligence.
Motions based on the unavailability of expert witnesses shall be brought with due diligence.
Page 7 | Trial continuances
Service and Proof of Service Rules
Motions must be served on all parties who have filed an appearance.
Motions must be served on all parties who have filed an appearance
Page 3 | B. Regular Motion Call
Once an emergency motion is scheduled, the movant must provide immediate notice to all parties served and not in default and all persons who may be affected, and must provide email addresses of noticed parties to the Court.
Once an emergency motion is scheduled, the movant must provide immediate notice to (i) all parties served and not in default and (ii) all persons who may be affected by the relief sought and not appearing in the case. Email addresses of parties receiving notice of the motion must be provided to the Court upon service to parties entitled to notice.
Page 4 | C. Emergency Motions
Any response to a motion must be immediately served upon all parties entitled to notice.
_________________ shall file any response to the motion(s) on or before ________________, with a copy thereof to be immediately served upon all parties entitled to notice pursuant to rule;
Page 1 | BRIEFING SCHEDULE ORDER
Any reply must be immediately served upon all parties entitled to notice.
________ shall file any reply on or before _____________, with a copy thereof to be immediately served upon all parties entitled to notice pursuant to rule;
Page 1 | BRIEFING SCHEDULE ORDER
Courtesy Copy Requirements
Courtesy copies are required for all motions, including regular, routine, and emergency motions.
Your delivery of courtesy copies is imperative to the timely operation of the Court and is required of all motions: Regular Motions, Routine Motions and Emergency Motions.
Page 2 | I. MOTIONS
Courtesy copies must be delivered within 1 business day of filing, in electronic printable form without passcode or security restrictions; Zip files and Drop-Box links are prohibited unless the judge allows.
The moving party is required to deliver to the Court courtesy copies no later than 1 business day after the motion is filed. Courtesy copies must be delivered in electronic form and must be immediately printable, without passcode or security restriction. No Zip files or Drop-Box type of links are permissible, unless otherwise allowed by your judge.
Page 2 | I. MOTIONS
Courtesy copies of piggy-backed motions must be delivered at least 7 days before presentment.
Courtesy copies of all “piggy-backed” motions must be delivered no less than 7 days prior to presentment.
Page 3 | B. Regular Motion Call
Do not use the eFile courtesy copy email option.
The eFile service may permit “courtesy copy” emails to be sent. DO NOT USE THIS OPTION.
Page 3 | A. Courtesy Copies
Courtesy copies must be delivered to the Judge's chambers via email to the assigned calendar's dedicated email address at least 7 days before presentment.
a courtesy copy delivered to the Judge’s chambers by emailing the courtesy copies to the assigned calendar’s dedicated email address no less than 7 days prior to presentment.
Page 3 | B. Regular Motion Call
The court shall provide courtesy copies of the motion and prove-up documents by email in text-searchable PDF plus hard copies, with a failure to do so resulting in the motion being stricken.
Heard as scheduled by the court, generally Mondays at 9:00 AM. Tender courtesy copies of the motion and prove-up documents to the court via email in text-searchable PDF format and hard copies. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken.
Page 3 | Default Judgment/Prove-Ups
Motions are scheduled through the Clerk’s electronic filing system (parties may not pick the date) and heard on Thursdays at 9:00 AM, or may be noticed for the next court date, with courtesy copies consisting of email text-searchable PDFs with bookmarks and hard copies required or the motion may be stricken.
Motions. As scheduled through the Clerk’s electronic filing system (you may not pick your own date), heard on Thursdays at 9:00 AM with courtesy copies to the court via email in text-searchable PDF format with bookmarks and hard copies. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken. OR Noticed on the next court date with courtesy copies to the court via email in text-searchable PDF format with bookmarks and hard copies. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken.
Page 3 | Motions
For established matters transferred to Calendar W by 2005, parties must make the court copies of the last five orders, all pleadings, and all pending motions, delivered by email in text-searchable PDF with bookmarks at assignment (and by hard copy for pending motions), or the motion may be stricken.
For established matters that have been transferred to Calendar W by 2005, parties must tender courtesy copies of (1) the last five orders entered in the case; (2) copies of all pleadings, such as complaint, answer, counterclaim, and defenses; and (3) copies of all motions presently pending. Courtesy copies should be tendered via email in text-searchable PDF format with bookmarks at the time of assignment. Courtesy copies of any pending motions shall be tendered via email and hard copies. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken.
Page 3 | Established matters transferred to Calendar W
Both electronic and physical courtesy copies are required, and a failure to provide a complete set may result in the motion being stricken.
The court requires both electronic and physical copies delivered. Failure to provide the court with a complete set of interest copies may result in the motion being stricken.
Page 6 | Courtesy Copies
At clerk status, the movant must deliver courtesy copies of all briefs, pleadings, relevant documents, and the most recent complaint with a cover letter; submissions via email by 8:45 AM and hard copy by 3:00 PM; failure to provide a complete set may result in the motion being stricken.
Clerk Status is scheduled for _______________ at 8:45 AM. No appearance is necessary. At the clerk status, the movant is obligated to deliver copies of all the briefs, pleadings, relevant documents and the most recent complaint, with an accompanying cover letter containing the case name, the case number and the date and time of the clerk status. Submissions should be made via email by 8:45 AM and hard copy by 3:00 PM. Please review the court’s Standing Order for any change to this order. Failure to provide the court with a complete set of courtesy copies may result in the motion being stricken.
Page 1 | BRIEFING SCHEDULE ORDER
If a motion (not exceeding 15 pages) and its exhibits exceed 25 pages, a paper courtesy copy may also be required; ask the judge for preference.
If the motion (not exceeding 15 pages) and accompanying exhibits are in excess of 25 pages, you may be required to also deliver a paper copy to the Court, please ask the judge for his/her preference.
Page 2 | I. MOTIONS
When courtesy copies are delivered electronically, each document must be separately attached, and lengthy materials must be delivered in paper format.
When final courtesy copy sets are delivered electronically: a. Each document (i.e. motion, response, reply, relevant pleadings and case law) must be separately attached. b. Lengthy materials must be delivered in paper format, unless otherwise ordered by the Court.
Page 3 | A. Courtesy Copies
Confidential settlement memoranda are sent directly to the court by email without copying opposing counsel, with hard copies also delivered, and the parties must notify opposing counsel that the memorandum was delivered.
Confidential memoranda shall be sent to the court via email without inclusion of opposing counsel and hard copies. Parties shall notify opposing counsel of delivery of confidential memoranda to the court.
Page 4 | Settlement Conferences
Settlement conference pretrial memoranda must be provided to the Court by email in text-searchable PDF with bookmarks no later than three days before the conference, plus hard copies to the bin outside Courtroom 1912.
Genuine Courtesy copies of the pre-trial memoranda should be sent to the Court if at least three days before the hearing via email to the accuser in text-searchable PDF format with included bookmarks and hard copies delivered to the bin directly outside the Courtroom 1912.
Page 4 | Settlement Conferences
Physical courtesy copies may be sent via USPS, FedEx, UPS, or a courier service, or dropped off in the bin outside Courtroom 1912.
Hard copies can be sent via USPS, FedEx, UPS or using a courier service or dropped off in the court by the outside Courtroom 1912.
Page 6 | Courtesy Copies
Electronic courtesy copies may be delivered via email, USB drive, or online link.
Electronic copies can be provided via email, USB drive, or online link.
Page 6 | Courtesy Copies
Filing Bundling Requirements
If multiple motions are submitted, each motion's folder includes its response and reply, and each folder and contents must be zipped into a .zip file.
If there are multiple motions, they shall be contained within a separate folder for each respective motion along with that motion’s response and reply. Each folder and its contents shall be saved within a .zip file.
Page 6 | Courtesy Copies
Pre-Motion Conference Requirements
Emergency motions must be presented to Court's staff for approval before being scheduled for hearing.
Notice of emergency motions must comply, with local Rule 2.2 and a copy of the motion must first be presented to Court’s staff for approval before being scheduled for hearing.
Page 3 | C. Emergency Motions
Adjournment & Extension Requirements
Trial continuances are disfavored; the court will enforce compliance with Rule 231, require an affidavit of Engagement, include subpoena proof for unavailability, require due diligence for expert witnesses, and may deny eleventh-hour requests.
Trial continuances are not favored. Motions not in compliance with Supreme Court Rule 231 may not be granted. Affidavits of Engagement must include the case name, number, and the trial judge. If a material witness is unavailable, a copy of the served subpoena must be included. Motions based on the unavailability of expert witnesses shall be brought with due diligence. The parties may seek hour motions may be denied.
Page 7 | Trial continuances
Court dates for discovery, motions, hearings, and trial will not be extended or continued absent exigent circumstances.
Litigants must know that the dates set for discovery, motions, hearings, trial and other such dates, absent exigent circumstances, will not be extended or continued.
Page 2 | Scheduling
If a hearing must be rescheduled, parties must contact the court to obtain a new date.
If parties need to reschedule, please contact the court to obtain a new date.
Page 7 | Rescheduling hearings
Chambers Communication Rules
Written communications with court staff must include the case name and docket number and copy all parties and attorneys of record.
All written communications with court staff must list the case name and docket number. All parties and attorneys of record must be copied on written communications with court staff.
Page 1 | Motion Times and Trial Procedures Specific to a Judge
Parties must email court personnel to schedule trial-equipment setup, supply their own equipment (none provided by the court), and submit a draft order granting permission to bring the equipment into the building.
Parties should correspond with the court’s courtroom staff via email to schedule set-up of any trial equipment (e.g., oversight, monitor(s), etc.). Parties must bring their own trial equipment; the court will not provide any. Please provide for a court order allowing the parties to bring the equipment in the courthouse for the court to consider.
Page 4 | Trials/Trial Materials
Email is the preferred method for communicating with the court.
Email communications are preferred.
Page 6 | Communications with the Court
Unauthorized substantive communications with court staff must go to law.calwcc@cookcountyil.gov, while limited use of chat is permitted only to confirm an appearance.
Communicating with the Court Staff: For substantive questions, email law.calwcc@cookcountyil.gov. For limited communication to confirm appearance when needed, “chat” may be used.
Page 8 | During the Videoconference