Judge Daniel O. Tiernan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- When Fully Briefed
Motion
- In Advance Of Initial Presentment Date
Opening
Opening, Closing, Settlement
- Hand Delivery • At Least 2 Court Days Prior To Hearing
Adjournments
- Agreed orders for continuances on uncontested matters may be requested by email, regular mail, or courier at least 2 court days before the court date.
Communication
Chambers4 contacts
- daniel.tiernan2@cookcountyil.gov
- (312) 603-5943
- (312) 603-7546
- (312) 603-7545
Clerk3 contacts
- probatecrt1803orders@cookcountycourt.com
- (312) 603-5025
- (312) 603-6878
Other Contacts1 contacts
- efiling.support@tylertech.com
Page & Word Limits1 rule
Supporting and response briefs are limited to 15 pages and reply briefs to 10 pages, both double-spaced in 14-point font; motions for leave to file oversize briefs are strongly discouraged.
Please note that there is a fifteen (15) page [standard margins, double-spaced, size 14 font] limit on all supporting and response briefs. There is a ten (10) page [standard margins, double-spaced, size 14 font] limit on all reply briefs.
Brief
15 pages
Reply Brief
10 pages
Document Format Requirements1 rule
All documents presented must be independently stapled and in chronological order.
Please ensure all the documents presented are independently stapled and in chronological order.
Document Filing Requirements13 rules
The Court will not accept agreed orders that change a hearing date on motions or trials.
The Court will not accept "agreed" orders changing a hearing date on motions or trials.
Document Type
Agreed Order
Proposed agreed orders must include a copy of the Court's previous order and a copy of an e-filed status report.
All proposed agreed orders shall include a copy of the Court's previous order and a copy of an e-filed status report.
Document Type
Agreed Order
Attorneys must provide paper copies of all relevant documents to the Court on the hearing date because clerk files are no longer kept in the courtroom.
Be advised there are no longer clerk files in the courtroom. Attorneys must provide paper copies of all relevant documents to the Court on the date of hearing.
Document Type
All Relevant Documents
Counsel must check in with the court clerk upon arrival and present the last order or motion setting the date and all other relevant paperwork.
Please check in with the court clerk when you arrive in order to have your matter called. When checking in, please present the clerk with the last order or motion setting the date along with all other relevant paperwork.
Document Type
Check In Materials
Orders regarding claims must include the CLASS and AMOUNT of the claim.
For any order regarding claims, please ensure the CLASS and the AMOUNT of the claim are included on the order.
Document Type
Claim Order
Discovery motions must include a factual statement of counsel's Rule 201(k) efforts; failure to include it is grounds for striking the motion.
Such motions must also contain a factual statement as to the efforts undertaken by counsel pursuant to Supreme Court Rule 201(k). Failure of moving counsel to include the Rule 201(k) factual statement constitutes grounds for striking the motion.
Document Type
Discovery Motion
Discovery motions must be accompanied by a copy of the most recent discovery or case management order entered in the case.
Motions concerning discovery issues shall be accompanied by a copy of the most recent discovery or case management order entered in the case.
Document Type
Discovery Motion
Emergency motions must be marked "EMERGENCY MOTION" and include a factual basis stating the nature of the emergency and all supporting documents in hard copy paper form.
A hard copy of the motion marked "EMERGENCY MOTION", which shall include a factual basis stating the nature of the emergency and all supporting documents in hard copy paper form
Document Type
Motion
For estate closings, required documents include the original petition, order declaring heirship, copy of the will, proof of publication, proof of notice, receipts, vouchers, final report, and a proposed order of discharge; failing to provide them may result in the case being continued.
For closings, these documents shall include but are not limited to the original petition, order declaring heirship, copy of the will, proof of publication, proof of notice, receipts, vouchers, final report, and a proposed order of discharge. Failure to provide these documents may result in your case being continued.
Document Type
Closing Documents
Attorneys for the estate must provide all Probate Act documentation in efiled paper form; for openings this includes the original petition, affidavit of heirship, copy of the will, proof of notice, proposed orders and bond.
Attorneys for the estate shall provide all relevant documentation required by the Probate Act in efiled paper form. For openings, these documents shall include but are not limited to the original petition, affidavit of heirship, copy of the will, proof of notice, proposed orders and bond.
Document Type
Opening Documents
For estate closings, any future date must be stricken on the order of discharge.
for closings that any future date is stricken on the order of discharge
Document Type
Order Of Discharge
For estate openings, the order appointing the representative must include the date of death.
openings that the date of death is included on the order appointing
Document Type
Order Appointing
If an emergency concerns a testate opening, counsel should indicate this in the petition so the clerk has time to make the original will available in court.
If the emergency is in regards to a testate opening, please indicate so in your petition so that the clerk will have sufficient time to make the original will available in court.
Document Type
Petition
Filing & Service rules
Electronic Filing Rules
No filing should be e-mailed or faxed to chambers.
No filing should be e-mailed or faxed to chambers.
Page 3 | SET CALL
Filing Timing and Cure Windows
Emergency motions must be delivered to the courtroom in hard copy by hand or mail (not e-mail), no later than 10:00 A.M. on the court day preceding presentment.
Emergency motions will be heard as add-ons in person on the 11:00 a.m. call. A hard copy of the motion marked "EMERGENCY MOTION", which shall include a factual basis stating the nature of the emergency and all supporting documents in hard copy paper form, must be delivered to the courtroom by hand or mail (not e-mail) no later than 10:00 A.M. on the court day preceding presentment.
Page 3 | EMERGENCY MOTIONS
Service and Proof of Service Rules
Notice to all parties must comply with the Illinois Supreme Court Rules, Circuit Court Rules, and the Probate Act.
Notice to all parties must be given in accordance with the Illinois Supreme Court Rules, Circuit Court Rules and the Probate Act.
Page 2 | OPENING & CLOSINGS
Courtesy Copy Requirements
Courtesy copies must not be delivered by email.
E-mail will not be accepted for courtesy copies.
Page 1 | COURTESY COPIES
Paper courtesy copies for openings, closings, and settlements must reach the Court at least 2 court days before the hearing (unless a court-ordered briefing schedule states otherwise), either tendered in open court with proposed orders or delivered/mailed beforehand.
copies. Paper courtesy copies for openings, closings and settlements may be tendered in open court at the hearing along with proposed orders or provided prior to the hearing if hand delivered or mailed (not e-mail) to the Courtroom at the address listed above so that the court receives the paper copies at least 2 court days prior to the hearing date unless otherwise provided by a court ordered briefing
Page 1 | COURTESY COPIES
For contested motions requiring a briefing schedule, moving counsel need only supply a courtesy copy of the motion (without supporting memorandum) before the initial presentment date.
In the event that the motion is a contested matter that will require a briefing schedule, moving counsel need only supply a courtesy copy of the motion (without supporting memorandum) in advance of the initial presentment date.
Page 2 | MOTIONS OF COURSE
A courtesy copy, and a copy of the Will if applicable, are required when heirship is extensive.
If heirship is extensive, a courtesy copy is required along with a copy of the Will if applicable.
Page 2 | OPENING & CLOSINGS
No hearing date will be set for a Set Call matter unless the Court has received paper courtesy copies of all relevant pleadings; the moving party must present a complete set.
No hearing dates will be set unless the Court has been provided with paper courtesy copies of all relevant pleadings. The moving party must present a complete set of paper courtesy copies.
Page 3 | SET CALL
Petitions to settle a cause of action require courtesy copies tendered in the same manner previously outlined in this order.
These petitions shall be heard in person at 11:00 A.M. daily. Courtesy copies shall be tendered in the same manner as previously outlined in this order.
Page 3 | PETITIONS TO SETTLE CAUSE OF ACTION
The Court encourages (but does not require) courtesy copies before the hearing for complicated heirship openings, closings with many heirs or legatees, all settlements, and all motions/petitions/claims for presentment.
The Court encourages attorneys to provide courtesy copies prior to hearing for openings involving complicated heirship, closings with many heirs or legatees, all settlements, and all motions/petitions/claims for presentment.
Page 1 | COURTESY COPIES
Adjournment & Extension Requirements
You must appear per the last order even if a request is made, unless you receive an entered order before the scheduled hearing or the Court instructs that your appearance is waived.
Even if a request is made, you are required to appear pursuant to the last order, unless you receive an entered order prior to the scheduled hearing or are otherwise instructed by the Court that your appearance is waived.
Page 1 | AGREED ORDERS AND SCHEDULING ORDERS
Agreed orders for continuances on uncontested matters may be requested by email, regular mail, or courier at least 2 court days before the court date.
For estates appearing on the call, parties may ask the Court to consider entering agreed orders for continuances on uncontested matters via e-mail, regular mail or courier. Requests shall be provided at least 2 court days prior to the court date.
Page 1 | AGREED ORDERS AND SCHEDULING ORDERS
Chambers Communication Rules
Emailed proposed agreed orders must be sent directly to the Court at daniel.tiernan2@cookcountyil.gov.
If emailed prior to the scheduled court date, the proposed order shall be sent directly to the court at daniel.tiernan2@cookcountyil.gov
Page 1 | AGREED ORDERS AND SCHEDULING ORDERS
After court, proposed orders must be sent to Probatecrt1803orders@cookcountycourt.com.
After court, proposed orders shall be sent to Probatecrt1803orders@cookcountycourt.com
Page 4 | EMAIL
Emails with proposed agreed orders or proposed continuances sent before a court hearing must be sent to daniel.tiernan2@cookcountyil.gov, and no other documents should be sent to that address.
Emails with proposed agreed orders or proposed continuances sent prior to court hearing shall be sent to daniel.tiernan2@cookcountyil.gov. No other documents should be sent to this email.
Page 4 | EMAIL
The court shall not otherwise communicate with attorneys or litigants via email.
The court shall not otherwise communicate with attorneys or litigants via email.
Page 4 | EMAIL