Circuit Court of Cook County Document Filing Requirements

CRITICALCivil cases

Applies to

Statement of case

Parties must jointly prepare a statement of the case for the venire, including expected trial length.

Jointly prepared statement of the case to be read to the venire, including the expected length of the trial (i.e., number of days/weeks);

CRITICALCivil cases

Applies to

Witness list

Parties must jointly prepare a list of all potential witnesses for the jury.

Jointly prepared list of all potential witnesses to be read to the jury;

CRITICALCivil cases

Applies to

Motions in limine

Parties must provide copies of each party's motions in limine.

Copies of each party's motions in limine;

CRITICALCivil cases

Applies to

Proposed jury instructions

Parties must provide two copies of proposed jury instructions, one marked and one unmarked, sorted by IPI numbering.

Two copies of proposed jury instructions (one marked with IPI numbering and citations and the other unmarked for the jury), which are to be sorted in the order of their numbering under the IPI system.

CRITICALCivil cases

Applies to

Fee petition

Fee petitions must comply with Illinois Supreme Court Rule 299, General Order No. 26, 750 ILCS 5/508, and Judge Balanoff's Administrative Order 21-1.

The petition must comply the Illinois Sup. Ct. Rule 299, General Order no. 26, 750 ILCS 5/508, Judge Balanoff’s Admin. Order 21-1.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must have 'Emergency' in the heading and include an affidavit or verification stating with particularity the sudden or unforeseen circumstances and why precedence is needed.

Must contain the word "Emergency" in the heading, and per Cook County Rule 13.4 (a)(ii)b: Provide "[f]acts identifying the nature of the sudden or unforeseen circumstances which give rise to the emergency and the reason why the matter should take precedence shall be stated with particularity in an affidavit or verification in support of the emergency motion."

CRITICALCivil cases

Applies to

Settlement petition

Must include

proposed order

Attorneys must submit a written petition and proposed order of distribution to the presiding judge when seeking settlement approval in minor/disabled person, wrongful death, or survival actions.

Any attorney seeking approval of a settlement in an action involving: (1) a minor's or disabled person's personal injury case; (2) an action brought under the Wrongful Death Act; or (3) an action which survives a plaintiff's death shall, in a written form, submit a petition and proposed order of distribution to the judge presiding over the matter at the time of settlement.

CRITICALCivil cases

Applies to

Settlement order

Orders approving settlement or entering judgment in wrongful death/survival actions brought by a personal representative must provide that the distributable amount will be accounted for and administered in the Probate Division.

The order approving the settlement or entering the judgment in such actions shall provide that the amount distributable, based on dependency, shall be accounted for and administered in the Probate Division.

CRITICALCivil cases

Applies to

Probate proceeding

A probate proceeding must be instituted when the net distributable amount to a minor or disabled person is $10,000 or more.

In any action in which the net amount distributable after deducting fees, expenses, and liens from the total settlement amount to a minor or disabled person is $10,000.00 or more, a proceeding must be instituted in the Probate Division in the county where the minor or disabled person resides.

CRITICALCivil cases

Applies to

Settlement order

Orders in special administrator wrongful death actions must provide that the court hearing the action distributes the recovery; proceeds over $10,000 distributable to a minor/disabled person are administered under Probate Division supervision.

In wrongful death actions brought by a special administrator appointed pursuant to 740 ILCS 180/2, the order entering judgment or approving the settlement shall provide that the court in which the action is heard shall distribute the amount recovered in any such action. However, if proceeds in excess of $10,000.00 are distributable to a minor or disabled person, the order of distribution shall be administered and distributed under the supervision of the Probate Division.

CRITICALCivil cases

Applies to

Petition

After entry of the order, the personal representative must file a Probate Division petition requesting an order authorizing acceptance of the distributable amount and fixing/approving the bond or other security.

Upon the entry of the order, the representative shall file a petition in the Probate Division requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond, unless waived by the Probate Division, or other security required pursuant to the settlement or judgment.

CRITICALCivil cases

Applies to

Order of distribution

The order of distribution must not contain language appointing a guardian, designating a depository, or waiving a bond.

The order shall not contain language which appoints a guardian, designates a depository or purports to waive a bond.

CRITICALCivil cases

Applies to

Petition

A copy of the Law Division order must be attached to the Probate Division petition.

A copy of the order entered in Law Division must be attached to the petition.

CRITICALCivil cases

Applies to

Order of distribution

Orders of distribution must state the recipient, how funds will be used and protected, tax treatment, and account administrator.

In any case, the order of distribution must indicate to whom the funds will be distributed, how they will be used and protected (bank account, money market account, etc), whether said account will be taxed, and who will be administering the account.

CRITICALCivil cases

Applies to

Order of distribution

The order of distribution must contain the specified guardian-appointment and bond-approval language.

In such instances, the order of distribution must contain the following language: "The settlement amount approved herein shall be paid only to a guardian appointed by the probate division where the minor or disabled person resides and this order shall be effective only after the entry in the probate division or circuit court of an order approving the bond or other security required to administer the settlement and distribution provided for in this order."

CRITICALCivil cases

Applies to

Settlement petition

The settlement petition must include a brief recitation of the case's known facts.

In order to make a finding that the settlement is "fair and reasonable," the Petition must include a brief recitation of the case's known facts.

CRITICALCivil cases

Applies to

Settlement order

The settlement order must contain the language 'The settlement amount is fair and reasonable.'

The settlement order must contain the following language: "The settlement amount is fair and reasonable."

CRITICALCivil cases

Applies to

Petition and order of distribution

Every petition and order of distribution must include a detailed itemization of all expenses claimed, and the party seeking attorney's fees bears the burden of proving them.

Every petition and order of distribution must include a detailed itemization of all expenses claimed and the party seeking to recover attorney's fees bears the burden of presenting sufficient evidence to support the claim.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Proposed orders must be submitted as Word documents via email to chambers within 3 hours of court appearance.

Parties are responsible for tendering proposed orders, reviewed and approved by all parties, as a Word document via email to ccc.chancerycalendar6@cookcountyil.gov within 3 hours of their court appearance.

CRITICALCivil cases

Applies to

TRO

TRO motions follow emergency motion procedures; require advance notice and service of verified complaint and affidavit unless waived; TRO without notice allowed only if immediate irreparable injury shown.

Motions for a TRO shall be presented according to the emergency motion procedures. The movant shall provide advance notice of the motion and service of a verified complaint and affidavit to the defendant(s), unless they waive service. A TRO without notice may be allowed only if it clearly appears from the specific facts shown by affidavit or the verified complaint that immediate, irreparable injury, harm or loss will occur before notice can be served and a hearing had thereon.

CRITICALCivil cases

Applies to

Default motion

Must include

certificate of service

Default motion must include: copy of motion and notice of motion, face of summons, affidavit of service, certificate of no appearance, and military affidavit.

The following materials are required for a default motion: (1) Copy of Motion and Notice of Motion, as provided by Circuit Court Rule 2.1; (2) Face of summons; (3) Affidavit or certificate of service of summons, as provided by 735 ILCS 5/2-203; (4) Attorney or self-represented litigant certificate certifying that the defendant has not filed an appearance or answer; and (5) Military affidavit, per 50 U.S.C. App. § 521.

CRITICALCivil cases

Applies to

Agreed dismissal order

If an agreement resolves the entire case, the agreed dismissal order must include language striking the next scheduled court date.

If the agreement resolves the entire case, such an order must contain language striking the next scheduled court date.

CRITICALCivil cases

Applies to

Motion

At least five court days before presenting a default motion, the moving party must deliver the original notice of motion and motion, copy of summons showing service, attorney's certificate, and (for individuals) a military affidavit to Courtroom 2609.

**At least five (5) court days** prior to the date selected to present the motion, the following documents must be delivered to Courtroom 2609: 1. original notice of motion and motion; 2. copy of summons showing service; 3. an attorney's certificate, signed by counsel, certifying that both the court file and clerk's computer have been checked for defendant's appearance and answer. The certificate must be dated no more than ten (10) days before the date selected to present the motion; 4. if defaulting an individual, the attorney must attach a military affidavit to the motion and draft order;

CRITICALCivil cases

Applies to

Certificate

An attorney's certificate certifying that the court file and clerk's computer were checked for the defendant's appearance and answer must be signed by counsel and dated no more than ten days before presenting the default motion.

an attorney's certificate, signed by counsel, certifying that both the court file and clerk's computer have been checked for defendant's appearance and answer. The certificate must be dated no more than ten (10) days before the date selected to present the motion;

CRITICALCivil cases

Applies to

Motion

Every motion must include a copy of the complaint at issue.

Every motion must include a copy of the complaint at issue.

CRITICALCivil cases

Applies to

Proposed order

For default judgments, the draft order must set unliquidated damages for prove-up, or for liquidated damages enter the default and award judgment supported by a verified complaint or affidavit, a costs affidavit, and an attorneys' fees affidavit if applicable.

**Unliquidated Damages**: The order shall set the matter for prove-up of damages in Courtroom 2609. The court will select the date for prove up. 2. **Liquidated Damages**: The order shall enter the default and award a judgment. The following documentation is required for an award of liquidated damages: a. copy of verified complaint with exhibits, or an affidavit by the moving party establishing the judgment amount; b. an affidavit detailing the costs of suit; c. an affidavit for attorneys' fees if

CRITICALCivil cases

Applies to

Pretrial memorandum

Plaintiff's counsel must prepare and deliver a Pretrial Memorandum to Courtroom 2609 at least 5 days before the initial case management date, detailing the injury and special damages amount.

office. Five (5) days prior to the initial case management date, plaintiff's counsel shall prepare and deliver to Courtroom 2609 a Pretrial Memorandum that specifically details the nature of the injury and the dollar amount of special

CRITICALCivil cases

Applies to

Trial materials

In a jury trial, trial materials must include the estimated number of trial days, a jointly prepared statement of the case, and a jointly prepared list of potential witnesses.

In a Jury Trial, trial materials shall include the following: 1. the estimated number of trial days; 2. a jointly prepared statement of the case to be read to the venire; 3. a jointly prepared list of all potential witnesses to be called by the parties;

CRITICALCivil cases

Applies to

Motion

When defaulting an individual, the attorney must attach a military affidavit to the motion and draft order.

if defaulting an individual, the attorney must attach a military affidavit to the motion and draft order;

CRITICALCivil cases

Applies to

Motion for substitution

Motions for substitution of judge must be written and filed with the Clerk; oral motions are not accepted.

However, oral motions for substitutions of judge will not be accepted, per Ill. R. Cir. Ct. Cook Cnty. 23.6-7. - All motions must be written and filed with the Clerk, then presented to the Court.

CRITICALCivil cases

Applies to

Motion

Each party must file motions with the Clerk; movant must provide the Court an emailed or physical copy of the entire motion, or the motion may be denied or continued.

Each party shall file their motions with the Clerk of the Circuit Court. The movant is responsible for providing the Court with either an emailed copy or a physical copy of the motion in its entirety. Movant's failure to do so will result in a denial or continuance of the motion.

CRITICALCivil cases

Applies to

Jury instructions

Parties must bring unmarked and marked copies of jury instructions for review with the Court.

An unmarked and marked copy of jury instructions ready to discuss and review with the Court.

CRITICALCivil cases

Applies to

Rule 213 disclosures

Parties must provide Rule 213 disclosures.

Rule 213 disclosures.

CRITICALCivil cases

Applies to

Motion for substitution

SOJ motions must be heard by the assigned judge and must personally name the judge subject to substitution.

Motions for SOJ must be heard by the Judge to which the parties are assigned. These motions must also personally name the Judge being subject to SOJ.

CRITICALCivil cases

Applies to

Brief

All briefs must have exhibits/attachments clearly labeled with identifying names.

All briefs shall have exhibits/attachments that are clearly labeled with identifying names.

CRITICALCivil cases

Applies to

Exhibit list

Parties must provide a list of all exhibits.

A list of all exhibits.

CRITICALCivil cases

Applies to

Statement of case

Parties must provide an agreed-upon written statement of the case including parties, nature of case, attorneys, and witnesses.

An agreed-upon statement of the case, in writing, that includes: the parties, the nature of the case, the attorneys, and a list of witnesses to be called.

CRITICALCivil cases

Applies to

Stipulations

Stipulations.

Stipulations.

CRITICAL

Applies to

Petition for settlement approval

Settlement approval petitions must include an itemized list of costs, a description of all lien claims, and appropriate probate language where required.

Petitions must 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.

CRITICAL

Applies to

Pre trial memorandum

At least three days before the pre-trial conference, each party should deliver to the court an unfiled pre- trial memorandum by email containing: (1) a summary of the allegations, defenses, facts, claimed injuries and damages; and (2) the last demand, offer, and policy limits.

At least three days before the pre-trial conference, each party should deliver to the court an unfiled pre- trial memorandum by email containing: (1) a summary of the allegations, defenses, facts, claimed injuries and damages; and (2) the last demand, offer, and policy limits.

CRITICALCivil cases

Applies to

Petition

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

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

CRITICALCivil cases

Applies to

Scheduling order

Parties must send an Order to the Judge scheduling the Conference once a date is confirmed.

once a date has been confirmed, the parties must send an Order to the Judge scheduling the Conference.

CRITICALCivil cases

Applies to

Transfer order

Parties must obtain an Order from Courtroom 2005 transferring the case to Judge McKenna for pre-trial only.

the parties must obtain from Courtroom 2005 an Order transferring the case to Judge McKenna for pre-trial only.

CRITICALCriminal cases

Applies to

Motion for relief

The Motion for Relief must be in writing and comply with Illinois Supreme Court Rule 604(h).

The Motion for Relief must be in writing and comply with the requirements of Illinois Supreme Court Rule 604(h).

CRITICALCriminal cases

Applies to

Courtesy copy

Specific documents are required as courtesy copies prior to any hearing on a Motion for Relief.

The following are required as courtesy copies prior to any hearing on a Motion for Relief: 1. Petitioner's Motion for Relief 2. State's Petition to Deny Pretrial Release, if applicable ===== PAGE 2 ===== 3. Court's Order After Detention Hearing or Order for Conditions of Release from first appearance hearing 4. Transcript of proceedings at first appearance hearing 5. Any and all materials the defense intends to submit or rely upon at the Motion

CRITICALCivil cases

Applies to

Annual accounting

Courtesy copies of current and final accounts must include the account, previous year account/inventory, most current bond, and fee schedule.

Courtesy copies of current and final accounts must include: 1. Current or final account; 2. Previous year account or inventory if First Account is being presented; 3. Most current bond; and 4. Fee schedule of the guardian or trustee, if any.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must be marked 'EMERGENCY MOTION' and include a factual basis stating the nature of the emergency.

The motion marked "EMERGENCY MOTION" shall include a factual basis stating the nature of the emergency

CRITICALCivil cases

Applies to

Hearing order

Orders setting or continuing a hearing must state how the hearing will be held.

All orders setting or continuing a hearing MUST contain language indicating how the hearing will be held.

CRITICAL

Applies to

Notice of motion

Every notice of motion must set the motion for an in-person hearing and be spindled via Odyssey for an actual date/time.

EVERY NOTICE OF MOTION SHOULD SET THE MOTION FOR IN-PERSON HEARING AND SHOULD BE SPINDLED VIA THE ODYSSEY SYSTEM FOR AN ACTUAL DATE/TIME.

CRITICAL

Applies to

Agreed dismissal order

Agreed dismissal orders must strike future court dates, indicate minors/wrongful death claims if settlement, and must not include language about striking trial dates in Room 2005.

In any such Orders, 1|Page please strike any specific future Court dates in 2204. If the dismissal is via settlement, please indicate in the Order whether any minors or Wrongful Death claims are involved. Please be advised that the Motion Calendar cannot strike trial dates in Room 2005, so please do not include that language