Circuit Court of Cook County Document Filing Requirements

CRITICALCivil cases

Applies to

Courtesy copy package

Whenever a motion concerns or attacks a pleading, the courtesy copy package must include a full copy of the affected pleading.

If the motion under consideration concerns or attacking any pleading in the case, a full copy of the pleading must be included in the courtesy copies; e.g. a motion to dismiss a complaint must include a copy of the complaint with the courtesy copies.

CRITICALCivil cases

Applies to

Affidavit

Affidavits must include all required exhibits and cannot contain a stand-alone signature page or notary page, or the court will not consider them.

All affidavits submitted to the court for consideration must include all required exhibits. The court will not consider affidavits containing a stand-alone signature page or notary page.

CRITICALCivil cases

Applies to

Receivers report

The rent and tenant issues section must cover occupancy, rent status, five-day notices, eviction intent, and eviction status.

Rent and Tenant Issues A. Number of units occupied and vacant B. Whether tenants are current on rent – including how many are delinquent, and how much rent is due, with a reference to the rent roll which is required as an exhibit to the report. C. Whether any five day notices have been sent D. Intent to file for eviction E. Status on evictions, if any F. Status on eviction court proceedings, if any

CRITICALCivil cases

Applies to

Receivers report

The report must include any health or safety concerns at the property.

Health or safety concerns at property, if any

CRITICALCivil cases

Applies to

Receivers report

The report summary must include a ledger, spreadsheet, or balance sheet showing the financial information.

The summary shall set forth a ledger, spread sheet, or balance sheet clearly indicating the aforesaid financial information.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Receivers should submit a proposed order to the judge with its report stating the amount of fees and reimbursements to be approved and a blank section for the next hearing date for the report.

Receivers should submit a proposed order to the judge with its report stating the amount of fees and reimbursements to be approved and a blank section for the next hearing date for the report.

CRITICALCivil cases

Applies to

Proposed order

Proposed orders must be emailed to Calendar 57 in PDF format unless Word format is requested.

All proposed orders shall be emailed to the Calendar 57’s dedicated email address in PDF format unless Word format is requested.

CRITICALCivil cases

Applies to

Receivers report

The management fees section must detail the amount charged, duties performed, monthly meetings, and any outside services.

Management Fees A. How much is being charged for the period B. What duties and responsibilities the management company is performing to justify the rate of compensation requested – including any detail (including time spent, what work was done, who performed the work) and referencing any exhibit that relates to these duties C. Monthly meetings (see above) D. What services the management company provided outside its usual duties during this period, if any

CRITICALCivil cases

Applies to

Motion to appoint receiver

For an emergency receiver motion, the receiver must be present at the hearing, and the appointment order is not effective until an authorized surety bond is submitted to chambers for the Judge’s signature and approval.

The receiver seeking appointment MUST be present when the motion is scheduled to be heard. Additionally, the order appointing receiver will NOT become effective until a bond by an authorized surety has been submitted to chambers, signed, and approved by Judge Brooks.

CRITICALCivil cases

Applies to

Receiver report

Receiver's report must include all prior court orders related to the receiver; they may be included as exhibits.

All prior court orders related to the receiver, including orders requiring a report and/or setting a hearing on a report, must be provided along with the receiver’s report. They may be included as exhibits if so desired.

CRITICALCivil cases

Applies to

Motion

In foreclosure default judgment or order approving sale motions, when service was over two years prior and the mortgagors have not appeared, the motion must include an exhibit affidavit of compliance verifying the service address is still current and the mortgagor is not deceased.

22. Compliance with Chancery GAO No. 2021-09. Pursuant to GAO No. 2021-09 any Plaintiff that is: (1) seeking a default judgment of foreclosure or an order approving sale, (2) where service was had on the mortgagor(s) over two years prior to the filing of such motion, and (3) where the mortgagor(s) has/have not filed an appearance, shall include as an exhibit to such motion an affidavit of compliance showing that (i) the address whereupon service was had is still the mortgagor(s) current address and (ii) the mortgagor(s) is not deceased.

CRITICALCivil cases

Applies to

Report

All receivers' reports must be verified under 735 ILCS 5/1-109 and follow the report Outline; failure to include required items may result in denial of fees, rejection of the report, discharge, or sanctions.

All receivers’ reports must be verified in the manner provided under 735 ILCS 5/1-109 and follow the Outline provided in this Standing Order, entitled Outline for the Receiver's Report. Failure to include items specified in said Outline, if such items exist or are relevant, shall be grounds for the denial of requested fees, costs, or reimbursements; rejection of the report; discharge of the receiver; or other sanctions.

CRITICALCivil cases

Applies to

Receivers report

The receiver fees section must detail hourly rate, hours, time charges, monthly meetings, expenses, and prohibits charging for software.

Receiver Fees: A. Set out hourly rate for receiver; B. Number of hours the receiver is charging for this period; C. Fee detail on time charged – what was done by the receiver, which day the work was performed, how much of the time was billed for travel. It must reference the time sheet as an exhibit to the report; D. Monthly meetings – receiver must document exactly what occurs at these meetings and why the meetings are necessary. Receiver may charge a different (lesser) rate for these meetings; E. Expenses – must be detailed. For example “Copy Fee $1” must say what was copied, i.e. “copying first receiver’s report $1.”; F. Receivers and/or managers, may not charge for the use of software programs.

CRITICALCivil cases

Applies to

Motion to stay possession

An emergency motion to stay possession must include the date of possession in the motion.

Motion to Stay Possession must include date of possession in motion

CRITICALCivil cases

Applies to

Receivers report

The accounts and disbursements section must state whether a separate account exists, the balance, and any disbursements made.

Accounts and Disbursements A. Whether a separate account has been set up for the receivership B. Amount in the account C. Whether any disbursements were made during the period, when they were made, to whom, and how much

CRITICALCivil cases

Applies to

Receivers report

The future repairs section must list anticipated repairs, estimated costs, necessity, alternatives, and attach any gathered bids as exhibits.

Future Repairs – This section will set forth each repair the receiver anticipates will be needed in the future, whether it will need to be submitted for bid or not, estimated cost, why the repair is necessary, and any alternatives available for this repair. If bids have been gathered, they must be attached to the report as an exhibit and referenced as such in this section.

CRITICALCivil cases

Applies to

Court order

Court orders drafted by counsel must state the basis for the court's ruling, including the reason a motion was withdrawn.

All court orders drafted by counsel must state the basis for the court’s ruling. For example, when a motion is withdrawn, the order must state the reason it is being withdrawn.

CRITICALCivil cases

Applies to

Receivers report

Exhibits should be attached in the following order: A. Order appointing receiver B. A copy of the bond

Exhibits should be attached in the following order: A. Order appointing receiver B. A copy of the bond

CRITICALCivil cases

Applies to

Receivers report

The repairs section must detail each repair made, including cost, invoice exhibit, who completed it, why it was necessary, and the date.

Repairs made during the period – in this section the receiver should detail each repair made, the cost of the repair (referencing each invoice which must be labeled as an exhibit to the report), who completed the repair, why the repair was necessary, and the date of repair.

CRITICALCivil cases

Applies to

Emergency motion

To schedule an emergency motion, a copy of the notice of motion (date and time left blank) and the emergency motion must be presented.

A copy of the notice of motion (with date and time left blank) and the emergency motion must be presented at that time.

CRITICALCivil cases

Applies to

Receivers report

All bills must be attached as exhibits and the report must explain why they are unpaid or contested and when payment is expected.

Bills A. All bills must be attached as an exhibit to the report. This section should explain why the bills are unpaid or contested along with when payment is expected

CRITICALCivil cases

Applies to

Receivers report

All exhibits must be labeled and referenced in the narrative, and an index or table of contents is required if there are more than five exhibits.

All exhibits must be clearly labeled with either numbers or letters and referenced whenever necessary in the narrative body of the report. An index or table of contents for the exhibits shall be included if there are more than five (5) exhibits.

CRITICALCivil cases

Applies to

Motion to stay judicial sale

An emergency motion to stay a judicial sale must include the sale date and request a stay in the prayer for relief.

Motion to Stay Judicial Sale must include the date of sale in the motion, along with a request for a stay in the prayer for relief

CRITICALCivil cases

Applies to

Receivers report

The maintenance and security section must detail maintenance personnel, services performed, and security employment.

Maintenance and Security A. Whether maintenance people are employed by the receiver or management company, their names, duties, and rates B. Detail of what services the maintenance personnel performed during this period, the date this was done, the cost, etc. C. Whether security is employed, their names and rates

CRITICALCivil cases

Applies to

Report

I. Overview A. Period the report covers B. Address of the property C. Type of property D. Whether the property is occupied E. Condition of the property, generally F. Status on insurance G. Status on property taxes H. Status on municipal violations, if any I. Inspections conducted during the period – this section should include the date the inspection was made, who performed the inspection, the rate of compensation for the inspection, the duration of the inspection, and what was done and observed at the inspection. If travel time is included, it must be stated how much time was spent traveling to the property. J. Whether the defendant is complying with the order appointing receiver -- this should include what specific items the receiver needs from the defendant, not just what is stated in the order appointing receiver. K. Whether the property is secured, generally L. Whether an attorney has been appointed for the receiver M. A discernible color photo of the property (only required for the first report or to show the court what repairs need to be made) N. A summary statement identifying all fees, costs, and expenses sought for approval

I. Overview A. Period the report covers B. Address of the property C. Type of property D. Whether the property is occupied E. Condition of the property, generally F. Status on insurance G. Status on property taxes H. Status on municipal violations, if any I. Inspections conducted during the period – this section should include the date the inspection was made, who performed the inspection, the rate of compensation for the inspection, the duration of the inspection, and what was done and observed at the inspection. If travel time is included, it must be stated how much time was spent traveling to the property. J. Whether the defendant is complying with the order appointing receiver -- this should include what specific items the receiver needs from the defendant, not just what is stated in the order appointing receiver. K. Whether the property is secured, generally L. Whether an attorney has been appointed for the receiver M. A discernible color photo of the property (only required for the first report or to show the court what repairs need to be made) N. A summary statement identifying all fees, costs, and expenses sought for approval

CRITICALCivil cases

Applies to

Initial case information sheet

Parties must complete and email an Initial Case Information Sheet before their first court appearance.

Before their first appearance in Court, the parties shall complete an Initial Case Information Sheet and furnish it to the Court (via email to CHANCERY.CALENDAR13@COOKCOUNTYIL.GOV) to assist in the management of the case.

CRITICALCivil cases

Applies to

Settlement memorandum

Each party must submit and exchange a settlement memorandum at least 7 days before the settlement conference, advising of settlement demand/offer and claims/defenses.

At least seven (7) days before the settlement conference, unless otherwise ordered by the Court, each party MUST submit to the Court, and exchange with opposing counsel, a brief memorandum advising of the most recent settlement demand and offer as well as the general nature of the claims and defenses. Pre-trial memoranda need not be filed. Failure to submit the memorandum in advance of the settlement conference may result in the striking of the settlement conference date.

CRITICAL

Applies to

Petition to approve settlement

Petitions to approve settlement must include an itemized list of costs, description of all lien claims, and appropriate probate language if required.

Petitions shall include: (1) an itemized list of costs; (2) a description of all lien claims, even if the lien does not attach to the proceeds; and (3) appropriate language where further probate proceedings are required, a sample of which is: IT IS THEREFORE ORDERED that the settlement is approved, provided that the settlement amount approved herein shall be paid only to a Guardian appointed by the Probate Division or Circuit Court where the minor or disabled person resides, and this Order shall be effective only after entry in the appropriate Probate Division of an Order approving the bond or other security required to administer the settlement and distribution provided for in this Order.

CRITICAL

Applies to

Personal deficiency judgment

Personal deficiency judgment requires additional documents including complaint, judgment, affidavit of service, BPO/appraisal, and memorandum of judgment.

If the plaintiff is seeking a personal deficiency judgment, the court requires the following additional documents: 1. Mortgage Foreclosure Complaint, with all exhibits; 2. Judgment of Foreclosure; 3. Affidavit of Service of Process on the defendant, who is claimed to be personally liable; 4. Broker's Price Opinion ("BPO") or Appraisal; 5. Memorandum of Judgment (if any); and 6. Copies of all of these documents, including the "BPO," must be filed with the Clerk of the Court and communicated to the parties.

CRITICAL

Applies to

Judgment of foreclosure

Judgment of foreclosure order must include a provision requiring the movant to mail a copy within 7 days to the mortgagor's last known address.

The judgment of foreclosure order must include a provision requiring that the movant mail a copy of the order within seven (7) days to the last known address of the mortgagor.

CRITICAL

Applies to

Letter

Counsel for movant must include the official court surplus request form with the notification.

Counsel for the movant must include the official court surplus request form with the notification.

CRITICAL

Applies to

Emergency motion to stay possession

Emergency motions to stay possession must include the foreclosure judgment date, the possession expiration date, and whether the party previously sought a stay.

Emergency Motion to Stay Possession – This emergency motion must include the date of the entry of the judgment of foreclosure, the possession expiration date, and whether the party previously sought a stay.

CRITICAL

Applies to

Motion

Except for Petitions to Intervene, a movant must file an Appearance before presenting any motion, including emergency motions.

Except for a Petition to Intervene, no motions, including Emergency Motions, may be presented unless the movant has filed an Appearance electronically with the Clerk of the Circuit Court or in Room 802 of the Clerk of the Circuit Court of Cook County.

CRITICAL

Applies to

Motion

Must include

caption, judge name, case number

The caption must include the Plaintiff(s), Defendant(s), Case No., Calendar No., and the judge's name.

The caption must include the Plaintiff(s), Defendant(s), and Case No. and Calendar No. and the judge's name

CRITICAL

Applies to

Motion

Motions for service by special order of court must be accompanied by an affidavit detailing the investigation into the defendant's whereabouts and why service is impractical.

All motions for service by special order of court pursuant to 735 ILCS 5/2-203.1 shall be accompanied with an affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) AND (2) of subsection (a) of Section 2-203, including a SPECIFIC statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to obtain service of process has been unsuccessful.

CRITICAL

Applies to

Motion

All filed and scheduled motions must bear the Clerk's file stamp.

All motions filed and scheduled must bear the file stamp of the Clerk of the Circuit Court of Cook County.

CRITICAL

Applies to

Motion to appoint receiver

Must include

proposed order

Motions to appoint a receiver must include specified exhibits, including the complaint with mortgage and note, the proposed receiver's resume, the authorizing provision reference, proof of service, and a proposed order.

**Motions to Appoint a Receiver must include the following exhibits:** 1. The Complaint, with mortgage and note; 2. Resume of the proposed receiver, including his/her rates of compensation 3. Specific reference to the complaint or to the mortgage provision authorizing appointment of a Receiver; 4. Proof of service of either the complaint or the motion on the defendants in the manner required pursuant to Section 15-1706 (d) of the Illinois Mortgage Foreclosure Act; and 5. Proposed order.

CRITICAL

Applies to

Emergency motion to stay judicial sale

Emergency motions to stay judicial sale must fully inform the court of specified facts and circumstances and attach all relevant documents.

Emergency Motions to Stay Judicial Sale – This emergency motion should fully inform the court of all the relevant facts and circumstances, including the following: (1) the property address; (2) when the case was filed; (3) when the defendants were served; (4) when the foreclosure order was entered; (5) the originally scheduled date of the sale; (6) whether any previous stay orders were entered; and (7) whether the sale will fall outside of the publication date. All documents relevant to the request should be attached to the motion, e.g., short sale contracts, loan modifications.

CRITICAL

Applies to

Motion for order of possession

Must include

caption

Motions for order of possession must include caption, property type, last inspection date, defendant names, and multi-unit possession scope.

All Motions for Order of Possession and proposed orders must include the following: 1. Complete Caption of the case; 2. Identify the type of property involved (i.e., single-family residence, multi-unit, commercial, etc.); 3. State when the property was last inspected by the movant; 4. Identify the names of all parties personally named as defendants in the complaint; and 5. In the case of a multi-unit property where the purchaser is seeking possession of the building, specify that possession extends only to the building and not individual units.

CRITICAL

Applies to

Motion

Affidavit required (Ill. S. Ct. Rule 113/191 and Loss Mitigation Affidavit under Rule 114 if applicable), but not required for consent foreclosure or if defendant has not appeared.

Affidavit, Illinois Supreme Court Rule 113/191 Affidavit; 8. Loss Mitigation Affidavit pursuant to Ill. S. Ct. Rule 114, if applicable. An affidavit will not be required for a consent foreclosure or in a case where the defendant has not filed an appearance with the Clerk of the Circuit

CRITICAL

Applies to

Motion

For hearing, movants must deliver copies of the listed documents to the court no later than seven court days prior to presentment.

For hearing, movants must deliver to the court copies of the following documents, no later than seven (7) court days prior to presentment: 1. Notice of Motion(s);

CRITICAL

Applies to

Emergency petition to intervene

An emergency petition to intervene will only be heard if the petitioner establishes that he or she is a necessary party as defined in the Illinois Mortgage Foreclosure Act.

Emergency Petition to Intervene – An Emergency Petition to Intervene will only be heard if the petitioner can establish that he/ she is a "necessary" party as defined in the Illinois Mortgage Foreclosure Act.

CRITICAL

Applies to

Emergency motion to appoint receiver

An emergency motion to appoint a receiver or mortgagee in possession will only be heard when the verified motion contains factual allegations of an immediate health or safety threat.

Emergency Motion to Appoint Receiver/Mortgagee in Possession – This emergency motion will only be heard when the verified motion contains factual allegations indicating an immediate health or safety threat.

CRITICAL

Applies to

Motion

An off-call motion for voluntary dismissal must state there are no pending cross claims or counter claims, strike future court dates, and be properly filed with the Clerk.

A motion to voluntarily dismiss that is presented "off" call must set forth the following: (1) make an affirmative ===== PAGE 8 ===== statement that there are no pending cross claims or counter claims; (2) strike any future scheduled court dates; and (3) be properly filed with the Clerk of the

CRITICAL

Applies to

Motion

Plaintiff's attorneys must include with foreclosure and sale motions a printout evidencing a bankruptcy inquiry with the Clerk's Office.

Plaintiff's Attorneys are required to include with Motions for Judgment of Foreclosure and Sale and Motions for Entry of Order Approving Sale and for an Order of Possession, a printout that indicates evidence that the plaintiff's attorney has conducted an inquiry with the Clerk's Office to determine whether the mortgagor has filed a petition for bankruptcy in the U.S District Bankruptcy Court of the Northern District of Illinois – Eastern Division.

CRITICAL

Applies to

Motion

To schedule a motion for presentment, movants must file specified documents with the Clerk, including notice of motion, complaint, signed motions, military service affidavit, affidavit of proof, and attorney's fees affidavit.

To obtain a date for presentment, movants must file, at the time of scheduling the motion, the following documents with the Clerk of the Circuit Court: 1. Notice of Motion(s); 2. Complaint with Mortgage and Note; 3. All motions noticed for presentment (i.e., Motion for Default, Motion for Judgment of Foreclosure, Motion to Appoint Selling Officer, etc.) must be signed by an attorney as required by Supreme Court Rule 147 (with the name readably printed, typed, or stamped to indent the signature); 4. Affidavit of Military Service, with attached U.S. Department of Defense website printout current within six (6) months; 5. A signed affidavit of proof attached to and incorporated by express reference within the motion for default and/or foreclosure; and 6. Affidavit of attorney's fees and costs (attorney's fees sought, in excess of $2,750.00, must be supported by a time and task affidavit).

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions must include proof of compliance with Illinois Supreme Court Rule 201(k).

Discovery motions must include proof of compliance with Illinois Supreme Court Rule 201(k).

CRITICALCivil cases

Applies to

All documents

All attorney-filed documents must include the attorney's name, business address, email, and telephone number, with one primary and up to two secondary email addresses; violations may result in the document being stricken.

Supreme Court Rule 131(d)(1) Attorneys. All documents filed or served in any cause by an attorney upon another party shall bear the attorney’s name, business address, e-mail address, and telephone number. The attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Plaintiff attorneys must submit proposed orders by email on the Friday before the Monday case call; failure may result in the case being stricken or dismissed for want of prosecution.

Plaintiff Attorneys: All proposed court Orders for the consumer debt and post- judgment call must be submitted on the Friday before the Monday case call via email to D5crt205Orders@cookcountycourt.com Failure to submit an order to the Clerk’s email may result in the case being stricken from the call, regardless of the appearance in court by the plaintiff attorney. Cases that do not have submitted court orders and no attorney present in court will be Dismissed for Want of Prosecution.

CRITICALCivil cases

Applies to

All documents

All documents filed or served by an attorney must include the attorney's name, business address, e-mail address, and telephone number, with one primary e-mail and up to two secondary e-mails designated; non-compliant documents may be stricken.

Attorneys. All documents filed or served in any cause by an attorney upon another party shall bear the attorney’s name, business address, e-mail address, and telephone number. The attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses. Documents filed, including complaints, motions and orders that violate Supreme Court Rule 131(d)(1) may be stricken.