Circuit Court of Cook County Document Filing Requirements

CRITICAL

Applies to

Pleading

Must include

caption, case number

All pleadings must include the full case caption, calendar number, and property address.

All pleadings must contain the entire case caption, calendar number, and property address.

CRITICAL

Applies to

Motion in limine

Motions in limine must be listed with number, title, and whether an objection exists.

The parties shall include a list outlining for each motion in limine presented: the number, title, and whether an objection exists.

CRITICAL

Applies to

Proposed order

Do not pre-check any boxes in proposed orders.

DO NOT "pre-check" any boxes in proposed orders as the Court's ruling may differ from the "pre-checked" box.

CRITICAL

Applies to

Memorandum of judgment

provided the plaintiff submits a stamped copy of the confirmation of sale.

provided the plaintiff submits a stamped copy of the confirmation of sale.

CRITICAL

Applies to

Emergency motion to stay possession

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

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

CRITICAL

Applies to

Emergency motion

Emergency Motions must include the prior order from which relief is sought, along with the Judgment of Foreclosure if applicable.

Emergency Motions must include the prior order from which relief is being sought along with the Judgment of Foreclosure, if applicable.

CRITICAL

Applies to

In personam deficiency

The Court will deny an in personam deficiency if a compliant BPO/appraisal is not provided to all parties before the hearing and included in courtesy copies.

The Court will not grant an in personam deficiency if a BPO or appraisal in compliance with this order is not provided to all parties prior to hearing and included in the courtesy copies.

CRITICAL

Applies to

Appearance

Parties must file an appearance before appearing; only a petition to intervene is excepted.

No party may appear without having previously filed an appearance (Ill. S. Ct. Rule 13(c); Cir. Ct. R. 1.4(a)); the only exception is for a petition to intervene.

CRITICAL

Applies to

Motion to appoint receiver

Motions to appoint a receiver require the complaint, mortgage, note, proposed receiver, resume and fee schedule, proof of service, and completed proposed form order.

Motions to appoint a receiver will be heard only if the movant provides: i. The complaint, mortgage, and note ii. A proposed receiver iii. Proposed receivers' current resume and fee schedule iv. Proof of service meeting all statutory requirements v. A completed proposed form order

CRITICAL

Applies to

Exhibits

Exhibits must be tabbed by the number the offering party will use at trial.

The exhibits shall be listed and tabbed by number that the party offering it intends to use at trial.

CRITICAL

Applies to

Motion seeking property preservation fees

Plaintiffs seeking property preservation fees must provide a breakdown, invoices, and proof of payment; failure results in striking or a 30-60 day continuance.

A Plaintiff seeking property preservation fees must provide a breakdown of the fees, invoices relating thereto, and proof of payment thereof. Failure to provide a breakdown of the property preservation fees will result in striking of the motion or continuing the motion for 30-60 days to allow time for the plaintiff to comply.

CRITICAL

Applies to

Motion to approve judicial sale

Third-party bidder motions to approve judicial sale must include all required documents; failure to do so is grounds for denial.

Motions seeking approval of a judicial sale filed by third-party bidders must comply with the same requirements of motions filed by Plaintiffs and include all required documents. Failure to provide any of the required documents is grounds for denial of the motion.

CRITICAL

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

Motion for default

Motions for default must include specific documents: notice and motion, summons face and return, certificate of service, certificate of no appearance/answer, and military affidavit if applicable.

A motion for default must include the following documents: • A copy of the notice and motion • The face of the summons • A copy of the return of summons • A certificate of the officer or an affidavit of the person who served the summons • A certificate from the attorney or pro se litigant, confirming that the court file and docket have been checked for any appearance or answer filed by the defendant • A military affidavit if defaulting an individual

CRITICALCivil cases

Applies to

Motion

Routine motions must include a file-stamped motion, a notice of motion designating it as routine, and a proposed order.

Parties must provide the court with: • A copy of the file-stamped motion. • A notice of motion clearly designating it as routine. • A copy of the proposed order.

CRITICALCivil cases

Applies to

TRO motion

TRO motions must include a verified complaint or affidavit complying with § 5/11-101.

TRO motions must be accompanied by a verified complaint or an affidavit that complies with § 5/11-101.

CRITICALCivil cases

Applies to

Proposed protective order

Proposed protective orders must include specified language about seeking leave to seal, redacting confidential information, and labeling sealed submissions.

All proposed protective orders must include the following language: “The parties must seek leave of court to file documents or other materials containing Confidential Information under seal. To the extent possible, the parties shall redact Confidential Information from documents or other materials filed with the court so as to minimize requests to file under seal. If leave is allowed to file documents or other materials under seal, such documents or other materials shall be submitted in an envelope or other container labeled “CONTAINS CONFIDENTIAL INFORMATION – SEALED PURSUANT TO COURT ORDER” and including the caption of this action and a description of the nature but not the substance of the contents.”

CRITICALCivil cases

Applies to

Appearance

Attorneys and self-represented litigants with email must include an email address on appearances and all pleadings/briefs for service under Rule 131(d); those without email may call the Court.

Pursuant to ISCR 11(b), an attorney must include on the appearance and on all pleadings and briefs filed in court an email address to which documents and notices will be served in conformance with Rule 131 (d). A self-represented litigant who has an email address must also include the email address on the appearance and on all pleadings and briefs filed in court to which documents and notices will be served in conformation with Rule 131 (d). If email is not available for any litigant, any party may call the Court at the phone number listed for further instructions on how to proceed.

CRITICALCivil cases

Applies to

Order for deposit

An Order for deposit involving an unknown heir must include specific language barring withdrawals without further court order.

If the deposit, or a portion of the deposit, is to be made on an Order Declaring Heirship finding an unknown heir, then the Order for deposit shall also provide that "no withdrawals from the State Treasurer shall be made for the share of the unknown heir without further order of this Court" as the power to ascertain and declare a decedent's heirship is subject to determination of the Court under 755 ILCS 5/5-3.

CRITICALCivil cases

Applies to

Motion

Before depositing unclaimed funds, the estate attorney must file a motion seeking leave, with proof of notice to all interested persons and information about the missing heir.

Before reporting to the State Treasurer, the estate attorney shall file and present a motion before the Court seeking leave to deposit the unclaimed funds with the State Treasurer with proof of notice to all interested persons. The estate attorney shall provide the Court and Treasurer with information, if known, about the missing or recalcitrant heir or legatee including date of birth, date of death, alias or other names used and their last known address.

CRITICALCivil cases

Applies to

Claim order

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.

CRITICALCivil cases

Applies to

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

CRITICALCivil cases

Applies to

Agreed order

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.

CRITICALCivil cases

Applies to

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.

CRITICALCivil cases

Applies to

Discovery motion

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.

CRITICALCivil cases

Applies to

All relevant documents

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.

CRITICALCivil cases

Applies to

Closing documents

Must include

proposed order

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.

CRITICALCivil cases

Applies to

Check in materials

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.

CRITICALCivil cases

Applies to

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.

CRITICALCivil cases

Applies to

Opening documents

Must include

proposed order

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.

CRITICAL

Applies to

Motion for order approving sale

A motion for order approving sale where the plaintiff seeks a personal deficiency against a non-appearing defendant must include proof of service on the defendant, a copy of the Complaint, a copy of the Judgment of Foreclosure Order, and a BPO or recent appraisal.

• Proof of service on the defendant of whom the deficiency is being sought • Copy of the Complaint • Copy of the Judgment of Foreclosure Order • BPO/ Recent Appraisal

CRITICAL

Applies to

Motion

Except for a petition to intervene, a motion may not be presented unless the movant has filed an Appearance with the Clerk in Room 802.

Except for a petition to intervene, no motion, including emergency motions, may be presented unless the movant has filed an Appearance with the Clerk of the Court in Room 802. See Ill. Sup. Ct. R., 13(c)(1); Ill. R. Cir. Ct. Cook. Co., R 1.4(a).

CRITICAL

Applies to

Motion to withdraw

Must include

proposed order, certificate of service

file stamped paper copies sent to the Court with a proposed order and all applicable proof of service and confirmation of service (i.e., signature green card from the USPS).

file stamped paper copies sent to the Court with a proposed order and all applicable proof of service and confirmation of service (i.e., signature green card from the USPS).

CRITICAL

Applies to

Motion

Must include

caption

Notices of motion, motions, and orders must include a full caption naming all parties.

All notices of motion, motions, and orders submitted for the Court’s review must include a full caption that includes the name of all parties.

CRITICALCivil cases

Applies to

Courtesy copy email

The email subject line for courtesy copies must include the case name, case number, and date scheduled for presentment.

The subject line in the email shall include the following: case name, case number, and date scheduled for presentment.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

Every proposed order must include a valid email address of the person who will receive and distribute the stamped order.

All proposed orders shall contain a valid email address of a person who can receive and distribute the stamped order.

CRITICALCivil cases

Applies to

Dcfs authorization background check

Each nominee and each adult living in the home must complete the DCFS Authorization for Background Check (Form 689) and return it by email to the Probate Division Court Coordinator/Staff Attorney.

Each nominee and each adult living in the home must complete DCFS Authorization for Background Check (See attached Form 689 – Rev 7/2012) and return it to the Probate Division Court Coordinator/Staff Attorney at emrhan.slaton@cookcountyil.gov.

CRITICALCivil cases

Applies to

Petition for guardianship

1. Petition for Guardianship: a. Filed Petition and Exhibit A to the Petition consistent with 755 ILCS 5/11-8(a); b. Filed Notice to those listed on Exhibit A or a signed and notarized waiver and consent; c. Notarized surety bond with the name and physical address of the agent for the surety printed on the face of the bond; d. ... must be qualified per 755 ILCS 5/11-3(a); e. In lieu of item (d) a filed notarized affidavit of the nominated guardian may be accepted; f. If the proposed guardian of the estate is not a natural or adoptive parent; i. Minor’s birth certificate; ii. Death certificates for parents listed on birth certificate, if applicable; and iii. Criminal and DCFS background checks are required for the proposed guardian and any adults living in the proposed guardian’s home.

1. Petition for Guardianship: a. Filed Petition and Exhibit A to the Petition consistent with 755 ILCS 5/11-8(a); b. Filed Notice to those listed on Exhibit A or a signed and notarized waiver and consent; c. Notarized surety bond with the name and physical address of the agent for the surety printed on the face of the bond; d. ... must be qualified per 755 ILCS 5/11-3(a); e. In lieu of item (d) a filed notarized affidavit of the nominated guardian may be accepted; f. If the proposed guardian of the estate is not a natural or adoptive parent; i. Minor’s birth certificate; ii. Death certificates for parents listed on birth certificate, if applicable; and iii. Criminal and DCFS background checks are required for the proposed guardian and any adults living in the proposed guardian’s home.

CRITICALCivil cases

Applies to

Courtesy copy email

Every courtesy copy document must be emailed as its own separate attachment in one email; no single combined attachment is allowed.

All courtesy copies, including petitions, exhibits, notices, proposed orders, and bonds shall be emailed as separate attachments in a single email. Do not submit all documents in a single attachment.

CRITICALCivil cases

Applies to

Motion

Counsel must present an attorney's certificate/affidavit dated no more than 10 days before the motion date, certifying the court file and clerk's computer were checked for the defendant's appearance and answer.

An attorney's certificate/affidavit, signed by counsel and dated no more than Ten (10) days before the date selected to present the motion, certifying that both the court file and the clerk's computer have been checked for defendant's appearance and answer;

CRITICALCivil cases

Applies to

Motion

When defaulting an individual, counsel must present a military affidavit certifying the defendant is not in military service.

If defaulting an individual, the attorney must present a military affidavit, i.e., an affidavit that certifies defendant is not in military service.

CRITICAL

Applies to

Brief

Citations in briefs must follow Illinois Supreme Court Rule 6 and include accurate pinpoint citations where appropriate.

Citations shall adhere to the requirements of Illinois Supreme Court Rule 6, as amended May 31, 2011. Accurate pinpoint citations shall be included where appropriate.

CRITICALCivil cases

Applies to

Default judgment

For liquidated damages actions, default judgment is entered upon presentation of a verified complaint with exhibits or an affidavit establishing the judgment amount, an affidavit of costs, and, if applicable, an affidavit for attorneys' fees.

In actions seeking recovery of liquidated damages, the court will enter a default judgment upon presentation of the following documents: 3.3.1. A copy of the verified complaint with exhibits, or an affidavit by the moving party establishing the judgment amount; 3.3.2. An affidavit detailing the costs of the suit; and 3.3.3. An affidavit for attorneys'

CRITICALCivil cases

Applies to

Motion

Before or at the default motion hearing, the movant must deliver to the court a clerk-stamped notice of motion and motion, a file-stamped copy of the Complaint, and a copy of the summons with sheriff's return showing service.

At or prior to the hearing on the motion for default, the following documents must be delivered to the court: A clerk-stamped copy of the notice of motion and motion; A file stamped copy of the Complaint; A copy of summons with the sheriff's return showing service;

CRITICAL

Applies to

Emergency motion

Emergency motions must include a separate paragraph detailing the emergency nature, or they will not be scheduled before the next regular hearing.

All Emergency Motions must contain a separately designated paragraph, ideally on the first page, which details the emergency nature of the motion. ... Unless otherwise ordered by the court, any Emergency Motion that fails to set forth an emergency basis will NOT be scheduled for hearing before the next regularly scheduled court date.

CRITICAL

Applies to

Tro motion

TRO motions must be accompanied by a verified complaint.

In addition, TRO Motions must be accompanied by a Verified Complaint.

CRITICAL

Applies to

Appearance

Parties and attorneys must file an appearance before appearing before the Judge unless the Judge allows otherwise.

Each party and/or attorney must have an appearance on file prior to appearing before the Judge, unless otherwise allowed by the Judge. See Illinois Supreme Court Rule 13 (c)(1).

CRITICAL

Applies to

Agreed order

All agreed orders must bear the heading 'AGREED ORDER SUBMITTED BY ELECTRONIC MEANS'.

ALL Agreed Orders shall bear the heading: "AGREED ORDER SUBMITTED BY ELECTRONIC MEANS";

CRITICAL

Applies to

Agreed order

Must include

caption

The party submitting a proposed agreed order must include all counsel and self-represented litigants as email recipients.

The party submitting the proposed agreed order shall include all counsel of record and all self-represented litigants as recipients of the email;

CRITICAL

Applies to

Agreed order

Must include

caption

ALL Agreed Orders shall contain, when feasible, the electronic signature of all counsel of record and self-represented litigants in the cause;

ALL Agreed Orders shall contain, when feasible, the electronic signature of all counsel of record and self-represented litigants in the cause;