Circuit Court of Cook County Document Filing Requirements

CRITICAL

Applies to

Proposed case management order

Do not pre-check any boxes in proposed case management 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

Motion for alias summons

A motion for an alias summons must state when the summons will issue and identify the person to be served.

A motion to issue an alias summons shall state when the summons will issue and identify the person on whom it is being issued.

CRITICAL

Applies to

Motion packet

The Notice of Motion or continuance order must always be the first page of the PDF packet.

(i) The Notice of Motion or continuance order should ALWAYS be the first page of this PDF packet and should never be separately attached.

CRITICAL

Applies to

Motion

Motion packet must include the order striking the case from case management.

Order striking the case from case management;

CRITICAL

Applies to

Military affidavit

Military affidavits must be dated no earlier than 6 months prior to the presentment date for each living human defendant.

Military Affidavit(s) (as required by the Service-Member's Civil Relief Act) dated no earlier than 6 months prior to the presentment date for each living human defendant;

CRITICAL

Applies to

Motion

Citations must be to Lexis Nexis; if a source is not available there, a copy must be attached to the motion or brief.

(3) Citations shall only be to Lexis Nexis. The Court does not have access to Westlaw or many secondary sources such as treatises. If a party wishes to cite authority that is not found on Lexis, that party shall attach a copy of that authority to their motion or brief.

CRITICAL

Applies to

Proposed order

Proposed judgment of foreclosure and sale orders must not include any language authorizing immediate possession.

R. 113(c)(4).(e) **Proposed Judgment of Foreclosure and Sale orders shall not include any** language authorizing immediate possession. Immediate possession is authorized by statute only after meeting statutory requirements and upon presentment of an appropriate motion; one example of prohibited language is:“That the parties hereto who shall be in possession of said premises, or any part thereof, including leaseholders, or any person who may have come into possession under them or any of them, since the inception of the mortgage or commencement of this suit, shall upon presentment of said Judicial/Sheriff's Deed of Conveyance, surrender possession of said premises to said grantee, his representative or assigns, and in default of so doing, an Order of Possession shall

CRITICAL

Applies to

Proposed order

Proposed orders must include the Court's email address, phone number, and Zoom information.

(8) Proposed orders shall contain the Court's email address, phone number, and Zoom information.

CRITICAL

Applies to

Motion to voluntarily dismiss

Motions to voluntarily dismiss must state the basis in both the motion and proposed order, and the proposed order must specify with or without prejudice.

Motions to voluntarily dismiss a case in its entirety shall include the basis for the dismissal in both the motion and the proposed order. Additionally, the proposed dismissal order shall state whether the dismissal is with or without prejudice.

CRITICAL

Applies to

Affidavit

Affidavits supporting service by text message, e-mail, or social media must state reasons the movant believes the defendant uses the specific contact or platform.

(c) "In addition to the affidavit requirements of section 2-203.1 of the Illinois Code of Civil Procedure, a movant requesting service by text message, e-mail, or social media shall include in the supporting affidavit the reasons the movant believes the defendant/respondent has recently sent and received transmissions from a specific e-mail address or telephone number or the defendant/respondent maintains an active social media account on the specific platform utilized for service." Ill. Sup. Ct. R. 102(f)(2).

CRITICAL

Applies to

Motion to compel discovery

Motions to compel discovery must demonstrate that the case is not on hold due to loss mitigation, bankruptcy, or other holds.

All motions to compel discovery shall demonstrate that the case is not on hold, including, but not limited to, loss mitigation, bankruptcy, or other plaintiff internal or regulatory hold.

CRITICAL

Applies to

Notice of motion

Notices of motion must include the hearing date and time, and must not contain blank lines or reference the clerk's stamp; noncompliance leads to striking the motion.

(k) All notices of motion for any motion noticed up on the Court’s call shall contain the date and time of the scheduled hearing in the body of the notice of motion itself. Blank lines in the body of the notice of motion, “see above” or other language referencing the Clerk of the Circuit Court’s stamp in the upper left-hand corner of the page, or any deviation from the format required herein is strictly prohibited. Failure to comply with this requirement will result in the Court treating the motion as not properly noticed. The Court will strike the motion off the call requiring the motion to be re-noticed.

CRITICAL

Applies to

Motion

Plaintiffs seeking property preservation fees must provide a breakdown, invoices, and proof of payment; failure results in striking or continuing the motion.

A plaintiff seeking property preservation fees shall 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 to allow time for the plaintiff to comply;

CRITICAL

Applies to

Motion

Motions by a receiver to engage counsel must be brought by the receiver (not Plaintiff's counsel) and must detail the proposed attorney's billing rate, experience, and qualifications.

(k) If the receiver seeks to engage counsel for any purpose, such a motion shall be brought before the Court by the receiver (or the proposed attorney if the attorney has filed an appearance) and not by Plaintiff's counsel as the receiver is an agent of the Court and not of the Plaintiff. Such motions shall detail the rate at which the proposed attorney bills, the proposed attorney's experience in dealing with similar matters, and any other relevant qualifications of the proposed attorney.

CRITICAL

Applies to

Order

Orders granting a receiver authority to engage counsel must expressly state the authorized hourly rate.

(1) All orders granting a receiver the ability to engage counsel, for any purpose, shall expressly enumerate the hourly rate at which the attorney is authorized to charge.

CRITICAL

Applies to

Motion

If a defendant is served by a special process server, the motion packet must include a copy of the order permitting such service.

If a defendant is served by a special process server: a copy of the order permitting service by such means whether entered by this Court in a particular matter or whether entered by the Supervising Judge for a law firm generally for a three month period pursuant to General Administrative Order No. 2007-03.

CRITICAL

Applies to

Notice of motion

Notice of motion must have Zoom Instructions attached.

Notice of Motion with Zoom Instructions attached;

CRITICAL

Applies to

Pre trial timeline order

A proposed pre-trial timeline order must be submitted with case management conference materials; failure to tender it with courtesy copies may result in striking the conference.

The form pre-trial timeline order to be entered concurrently with the entry of an order striking a case from case management (4331) for cases instituted on or after July 1, 2022, is available on the Court's webpage and shall be submitted with the proposed orders for each case management conference held along with the standard 1-2 page proposed case management order. Failure to tender a copy of a proposed pre-trial timeline order with case management conference courtesy copies shall subject the case management conference to be stricken off the call, requiring the plaintiff to re-notice the case management conference.

CRITICAL

Applies to

Receiver report

Receiver's reports and proposed orders approving them must include a charted breakdown of all fees and expenses with actual dollar amounts listed directly in the report.

(m) All receiver's reports and proposed orders approving receiver reports shall contain a breakdown in the receiver's report and in the order itself of all fees, costs, expenses, attorney fees, etc. for which the receiver seeks approval in a neatly organized chart. The actual dollar amounts shall be expressly listed in the receiver's report itself and not only in an exhibit to the receiver's report. Receiver's reports shall not contain language such as "a detailed billing statement for the Receiver's fees as set forth in the Order Appointing Receiver is attached as Exhibit F" or other similar language without also listing the exact dollar amount directly in the report itself.

CRITICAL

Applies to

Case management order

Case Management Orders must contain only the caption and plaintiff's law firm info; pre-checked proposed orders are not accepted.

(9) Case Management Orders shall be a maximum of 2 pages in length and shall only contain the caption of the case and the plaintiff's law firm information. Pre-checked proposed orders will not be accepted or signed.

CRITICAL

Applies to

Proposed order

Redemption dates must be stated as specific dates.

Dates certain, *e.g.*, "March 23, 2026" are required for redemption dates where applicable.

CRITICAL

Applies to

Motion

When seeking an in personam deficiency, the movant must provide specified documents including complaint, judgment, proof of service, memorandum of judgment if sought, and a BPO or appraisal.

If a party seeks an *in personam* deficiency, the movant SHALL **also** provide a copy of:1. (1) The complaint, with all exhibits including Mortgage(s) and Note(s); 2. (2) A copy of the entered judgment of foreclosure; 3. (3) The proof of service on the defendant(s) against whom the deficiency is sought, or if said defendant(s) filed an appearance, a copy of their appearance; 4. (4) A memorandum of judgment, if sought; and 5. (5) A filed and signed broker's price opinion ("BPO") from a licensed Illinois real estate broker or a filed and signed appraisal from a licensed Illinois appraiser of the value of the property prepared and executed by a disinterested third-party not greater than 60 days prior to the date of the judicial sale, unless otherwise ordered by the Court. The BPO shall not be a "comparative market analysis."

CRITICAL

Applies to

Affidavit

A party seeking discovery before responding to a dispositive motion must file an affidavit in strict compliance with Rule 191(b) on the presentment date, or risk waiving discovery.

A party seeking discovery prior to responding to a dispositive motion brought pursuant to Illinois Code of Civil Procedure sections 2-1005, 2-619, or 2-301(b) shall provide on the presentment date of the dispositive motion a filed affidavit in strict compliance with Illinois Supreme Court Rule 191(b). Failure to comply with this requirement may waive all discovery by that party prior to being given an opportunity to file a response brief to the dispositive motion.

CRITICAL

Applies to

Motion

Must include

proposed order, certificate of service

Motions to place the mortgagee in possession require specified attachments including the complaint with exhibits, the motion with color photographs, a supporting affidavit, proof of service, proof of notice, and a proposed order.

Motions to place the mortgagee in possession will be heard only if the movant provides: (1) A copy of the complaint, with all exhibits including Mortgage(s) and Note(s); (2) A copy of the motion including color photographs of the property; (3) A copy of an affidavit or other sworn pleading in support of the motion pursuant to 735 ILCS 5/15-1706(a); (4) Proof of service of process of the complaint meeting all statutory requirements (if the mortgagor has been served with the complaint); (5) Proof of reasonable notice pursuant to 735 ILCS 5/15-1706(c), (d): (i) Certificate of Service of Notice of Motion, (ii) Affidavit of Service of Process of the Motion (if required when the mortgagor has not been served with the complaint); or (iii) Other affidavits or sworn evidence required to establish a party is in default or good cause to grant the motion exists; and (6) A proposed order.

CRITICAL

Applies to

Response brief

During a summary judgment briefing schedule, defendants must incorporate affidavit challenges into their response brief rather than filing a separate motion to strike.

If the Court enters a briefing schedule on a plaintiff's motion for summary judgment, defendants shall not file or notice up a separate motion to strike a prove up affidavit or any other affidavit brought in support of the motion for summary judgment during the briefing schedule on the motion for summary judgment. All arguments toward the weight of the affidavit, its admissibility, its compliance with the relevant Illinois Supreme Court Rules, etc. shall be incorporated into the defendant's response brief to the motion for summary judgment and shall be filed during the response period granted to the defendant in the Court's briefing schedule order. Defendants may move or request that an affidavit be stricken within their response brief. If a defendant files a separate motion to strike an affidavit instead of incorporating the arguments in a response brief to the motion for summary judgment in violation of this prohibition, the Court will facially strike the motion to strike, not reset the briefing schedule on the motion for summary judgment, and, if the defendant has not filed a response to the motion for summary judgment, will treat the motion for summary judgment as being unopposed as no response in opposition to the motion for summary judgment was filed during the time that the Court permitted such a response be filed.

CRITICAL

Applies to

Motion

Motion packet must include indorsements and allonges, if any.

Indorsements and allonges, if any;

CRITICAL

Applies to

Affidavit of attorney fees

If seeking attorney fees and costs, an affidavit must include a detailed billing of attorneys' fees in excess of $4,100.

Affidavit of Attorney Fees and Costs, if sought, including a detailed billing of attorneys' fees in excess of $4,100;

CRITICAL

Applies to

Proposed order

Proposed orders approving a sale with judicial surplus must require plaintiff's counsel to notify the mortgagor about surplus funds and must require the Selling Officer to turn over surplus funds to the Clerk.

In the case a surplus of funds results from the judicial sale of the subject property, proposed orders must include the following language: “When mailing a copy of this order approving sale, counsel for plaintiff shall notify the mortgagor, in a cover letter, of the existence of surplus funds. The cover letter shall specify that the funds may be obtained upon presentation to the Presiding Judge (Daley Center Room 2403) of a Petition for Turnover of Surplus Funds. A copy of the current petition form shall be included in the mailing.” AND “The Selling Officer shall immediately turn over the surplus funds to the Clerk of the Court.”

CRITICAL

Applies to

Court documents

Self-represented litigants must include their designated service email address on all court documents and correspondence.

Pursuant to Illinois Supreme Court Rule 11(b), a self-represented litigant who has an email address must designate a single email address to which service may be directed and include that email address on all court documents and correspondence.

CRITICAL

Applies to

Motion for immediate possession

A party seeking immediate possession must provide a vacancy/abandonment affidavit dated within 6 months of the hearing and supporting photographs.

If a party seeks immediate possession, the movant MUST also provide a copy of: 1. A vacancy affidavit or affidavit of abandonment dated no more than 6 months prior to the hearing date, even if the Court specifically found in the Judgment of Foreclosure that the property was vacant/abandoned at the time of judgment 2. Photographs of the property attached to the affidavit demonstrating that the property is in fact vacant/abandoned

CRITICAL

Applies to

Service notice

Service notices must include each attorney's or pro se litigant's address, telephone number, and email address.

Service notices must include each attorney or pro se litigant’s address, telephone number and email address.

CRITICAL

Applies to

Motion for in personam deficiency

If a party seeks an in personam deficiency, the movant MUST also provide a copy of: 1. The complaint, mortgage, note, and any attachments thereto 2. A copy of the entered judgment of foreclosure 3. The proof of service on the defendant(s) against whom the deficiency is sought, or if said defendant(s) filed an appearance, a copy of their appearance 4. A memorandum of judgment, if sought, and 5. A filed and signed broker’s price opinion (BPO) from a licensed Illinois real estate broker or a filed and signed appraisal from a licensed Illinois appraiser of the value of the property prepared and executed by a disinterested third-party not greater than 60 days prior to the date of the judicial sale, unless otherwise ordered by the Court. The “BPO” shall not be a “comparative market analysis.”

If a party seeks an in personam deficiency, the movant MUST also provide a copy of: 1. The complaint, mortgage, note, and any attachments thereto 2. A copy of the entered judgment of foreclosure 3. The proof of service on the defendant(s) against whom the deficiency is sought, or if said defendant(s) filed an appearance, a copy of their appearance 4. A memorandum of judgment, if sought, and 5. A filed and signed broker’s price opinion (BPO) from a licensed Illinois real estate broker or a filed and signed appraisal from a licensed Illinois appraiser of the value of the property prepared and executed by a disinterested third-party not greater than 60 days prior to the date of the judicial sale, unless otherwise ordered by the Court. The “BPO” shall not be a “comparative market analysis.”

CRITICAL

Applies to

Notice of initial case management

Notices of initial case management must attach all four pages of the required Zoom instructions in English and Spanish, or the case may be stricken from the call.

All notices of motion and notices of initial case management must include a copy of all four pages of the required Zoom instructions in English and Spanish. Failure to strictly comply with General Administrative Order No. 2022-03 shall result in the case being stricken from the call and require the attorney to re-notice the motion.

CRITICAL

Applies to

Pretrial timeline order

For cases initiated on or after July 1, 2022, the pretrial timeline order form from the court's webpage must be submitted with the proposed case-management orders.

The form pre-trial timeline order to be entered currently upon entry of an order striking the case from case management (4331) for cases instituted on or after July 1, 2022, is available on the Court’s webpage and shall be submitted with the proposed orders for each case management conference held along with the standard 1–2-page proposed case management order.

CRITICAL

Applies to

Notice of motion

Notices of motion must attach all four pages of the required Zoom instructions in English and Spanish, or the case can be stricken from the call.

All notices of motion and notices of initial case management must include a copy of all four pages of the required Zoom instructions in English and Spanish. Failure to strictly comply with General Administrative Order No. 2022-03 shall result in the case being stricken from the call and require the attorney to re-notice the motion.

CRITICAL

Applies to

Notice of motion

A notice of motion for an order approving a judicial sale must specifically state if the movant also seeks immediate possession or a personal deficiency judgment.

If the movant for an order approving the judicial sale is also seeking immediate possession and/or a personal deficiency judgment, the notice of motion for the hearing shall specifically indicate as such.

CRITICAL

Applies to

Redemption date order

Redemption dates in orders must be fixed dates (e.g., August 29, 2022) rather than general references.

Dates certain, e.g., “August 29, 2022,” are required for redemption dates where applicable.

CRITICAL

Applies to

Pleading

Must include

caption, case number

All pleadings submitted for review must be file-stamped and include the full case caption, calendar number, and property address.

All pleadings submitted for review must be filed stamped and contain the entire case caption, calendar number, and property address.

CRITICAL

Applies to

Motion for excess pages

Agreed orders granting excess pages will not be considered without first presenting a written motion setting out the need for additional pages, spindled on Judge Reilly’s 9:30 a.m. call.

Agreed orders granting excess pages will not be considered without first presenting a written motion setting out the need for additional pages, spindled on Judge Reilly’s 9:30 a.m. call.

CRITICAL

Applies to

Motion

A TRO motion must be attached to an underlying complaint with a cause of action.

A motion for a TRO must be attached to an underlying complaint that contains a cause of action.

CRITICAL

Applies to

Discovery motion

Contested discovery motions must show compliance with Ill. Sup. Ct. R. 201(k) or risk being stricken or denied.

Any contested discovery motion must show compliance with Ill. Sup. Ct. R. 201(k). Failure to include Rule 201k efforts in any discovery motion may result in the motion being stricken or denied.

CRITICAL

Applies to

Proposed agreed order

Informal agreed-order submissions are accepted only if all counsel sign the proposed order or the presenter expressly represents that all parties agree.

Informal submissions will not be entertained unless either: (1) all counsel have signed the proposed agreed order; or (2) the presenting party specifically represents that all parties have agreed to the order.

CRITICAL

Applies to

Proposed order

Must include

proposed order

Proposed orders must be hand-delivered to the clerk or emailed in Word format to ccc.chancerycalendar7@cookcountyil.gov by noon, and every email must include the case number in the subject line.

Parties shall hand deliver a proposed order to the clerk in courtroom 2405 or email a proposed order in Word document format to ccc.chancerycalendar7@cookcountyil.gov by NOON. All emails shall include the case number in the subject line.

CRITICAL

Applies to

Prove up

Must include

proposed order

Prove-up materials supporting a default judgment must be submitted at least two court days before the court date, including a draft judgment order specifying the relief sought.

Once a default judgment is granted, the following materials are required to support the default judgment and must be submitted to the Court at least two court days prior to the court date: ... A draft judgment order, specifying the precise relief sought, must also be submitted in all cases. All materials must be submitted at least two days prior to the court date.

CRITICAL

Applies to

Motion for leave

Motions for leave of court, including motions for leave to exceed page limits, must not be submitted as agreed orders.

Any motion seeking leave of court, including leave to file briefs in excess of the page limits, may not be submitted as an agreed order.

CRITICAL

Applies to

Motion

Emergency motions must be labeled 'Emergency' and include a specific showing of why it is an emergency.

The motion must be labeled “Emergency” and contain a specific showing of why the motion is an emergency.

CRITICAL

Applies to

Motion to default

Must include

proposed order

Motions to default must include notice of motion, substantive motion, summons, return of summons, a certificate dated within 10 days of presentment, a military affidavit for individuals, and a proposed order in Word format.

The following materials are required to support a motion to default a party: 1. a copy of the notice of motion; 2. the substantive motion; 3. the face of summons; 4. a copy of return of summons; 5. an attorney or litigant certificate certifying that both the court file and the computer register have been checked for the defendant's appearance or answer no more than 10 days before presentment of the motion. The certificate must be dated no more than ten (10) days before presentment of the motion; 6. a military affidavit if defaulting an individual (as required by federal law–Form CCG 004); and 7. a proposed order in Word document format.

CRITICAL

Applies to

Agreed order

Agreed orders in eviction cases must use the standardized Illinois Supreme Court form and include specific language confirming the defendant's understanding of ERP attorney consultation.

The order must be the standardized Illinois Supreme Court Agreed Orders for eviction cases, modified to include the following language: "The parties acknowledge that the defendant has been served with the Notice of ERP and prior to entering into this settlement agreement, the defendant confirms that: 1) I understand that I can speak to a free attorney about this agreement before I sign it. 2) I called and talked with an attorney, and now I want to sign this agreement, or I decided not to talk to an attorney, and I want to sign the agreement anyway. 3) I understand that an attorney may not be able to help me after I have signed the agreement."

CRITICAL

Applies to

Motion

To enter an agreed order with an unrepresented litigant, the plaintiff must file a motion on the regular motion call with notice to the unrepresented litigant.

The plaintiff must file a motion on the regular motion call with notice to the unrepresented litigant; and

CRITICAL

Applies to

Alias summons

Alias summons must include the same ERP notice and may issue without leave of court.

In any case where an alias summons needs to be issued to effectuate service, including pending cases, plaintiff shall include the same notice of ERP with the Alias Summons. Alias summons shall issue without leave of court.