Circuit Court of Cook County Document Filing Requirements

CRITICAL

Applies to

Order for voluntary dismissal

Must include

proposed order

Orders for Voluntary Dismissal must include signatures of all parties/counsel and state that all future dates are stricken.

Orders for Voluntary Dismissal MUST contain the signature of all parties and/or their counsel. The Proposed Order must also state that all future dates regarding the matter are stricken, if the order dismisses the case in its entirety.

CRITICAL

Applies to

Trial materials

Trial materials must include a statement of the case, proposed findings, witness list, exhibit list, objections, Rule 216 requests, motions in limine, Rule 237 affidavit, and Rule 213 responses.

Trial materials shall include: o A joint, brief statement of the nature of the case; o Proposed findings of fact and conclusions of law; o A list of all potential witnesses, indicating who will and who may be called by which party or parties; o A complete list of all exhibits each party intends to use at trial; ... o Any written objections to exhibits, other than foundation, if not made at the time of the pre-trial conference, are deemed forfeited ... o Copies of any Supreme Court Rule 216 requests to admit and responses thereto which any party anticipates using at trial; o Copies of all motions in limine and supporting and opposing memoranda. ... o An affidavit of compliance with all Supreme Court Rule 237 Notices and a statement of all outstanding disputes regarding such notices; o Parties expecting to offer opinion testimony shall tender responses to Supreme Court Rule 213 interrogatories (with any supplements) and/or deposition testimony that will support the opinion testimony to be offered at trial.

CRITICALCivil cases

Applies to

Routine motion

Must include

proposed order

Routine Motions should be emailed or dropped off in bin outside of 2205 on the date set in the notice with a proposed Order.

Routine Motions should be emailed or dropped off in bin outside of 2205 on the date set in the notice with a proposed Order.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must be submitted via email or dropped off in Courtroom 2205 and include the grounds for the emergency.

Emergency Motions must be submitted via email or dropped off in 2205 and include the grounds for the emergency.

CRITICALCivil cases

Applies to

Agreed substitution of attorneys motion

Agreed substitution of attorney motions must include the Cook County Number for both incoming and outgoing law firms.

In the case of an agreed substitution of attorneys, please include the Cook County Number for both the incoming and outgoing law firm, so that the clerk’s system may be properly updated.

CRITICALCivil cases

Applies to

Pre trial memorandum

Parties may submit a pre-trial memorandum by three days before the conference by drop off or via email containing (1) a summary of the allegations/defenses, evidence, claimed injuries and specials/damages, and; (2) the last demand/offer/policy limit.

Parties may submit a pre-trial memorandum by three days before the conference by drop off or via email containing (1) a summary of the allegations/defenses, evidence, claimed injuries and specials/damages, and; (2) the last demand/offer/policy limit.

CRITICALCivil cases

Applies to

Petition to approve settlement

Settlement petitions must comply with Local Rules 6.4, 6.5, and the March 2023 Final Procedures for settlement cases.

Follow the requirements set out in Local Rules 6.4 and 6.5 and in Final Procedures Concerning Settlement, Minors’ and Disabled Persons’ Personal Injury Cases and Wrongful Death Cases with Sample Petitions and Orders (March 2023).

CRITICALCivil cases

Applies to

Routine motion proposed order

Proposed orders for routine motions must not include language striking trial dates in Room 2005.

Please note that the Motion Calendar cannot strike trial dates in Room 2005, so please do not include that language in any proposed Order.

CRITICALCivil cases

Applies to

Complaint

Either a copy of the complaint with exhibits plus an affidavit establishing the judgment amount, or a verified complaint, must be submitted.

(1) A copy of the complaint with exhibits and an affidavit by the moving party establishing the judgment amount, or (2) a verified complaint

CRITICAL

Applies to

Trial materials

Jury trials require a comprehensive list of trial materials, including statements, witness lists, stipulations, motions, jury instructions, exhibit lists, and pleadings.

JURY TRIALS – Provide: 1. Concise statement of the case to be read to the jury in voir dire; 2. Estimate of the number of trial days; 3. Witness list to be read to the jury in voir dire; 4. Statement that the party will/will not stipulate to a unanimous verdict of 10 or more jurors; 5. Motions in limine; 6. Trial briefs; 7. Stipulations and uncontested facts – in numbered paragraphs, state any stipulations and uncontested facts; 8. Deposition designations; 9. Jury instructions with I.P.I. numbers (each instruction marked “Agreed” or “Objected To”) and compliance with Supreme Court Rule 239c; 10. Parties’ exhibit lists indicating each exhibit number and noting which exhibits are objected to and the grounds for objection, if any. Failure to submit and note objections may cause the objections to be waived; 11. Evidence depositions; 12. Rule 213(f)(1-3) disclosures; 13. Requests to Produce at Trial (Supreme Court Rule 237) must be prepared and delivered to the Court seven days before the final pre-trial conference; and 14. Final pleadings, including: the complaint, answer, counterclaims, affirmative defenses, answers to requests to admit and other relevant pleadings. 15. Final Jury Instructions: Parties must hand-deliver two copies of the final combined jury instructions directly to the judge.

CRITICAL

Applies to

Default motion

Default motions must comply entirely with the Checklist for Default Motions and all supporting materials listed in the checklist must be e-filed.

Default Motions must entirely comply with the Checklist for Default Motions found on https://www.cookcountycourtil.gov/judge/hagerty-jack website. All supporting materials set forth in the checklist are to be e-filed.

CRITICAL

Applies to

Settlement memorandum

Settlement Memorandum must contain last offer/demand details, reasons for failure to settle, and summary of evidence and legal issues.

A Settlement Memorandum must be submitted at least five business days prior to the Conference by each party via email in text-searchable PDF format with bookmarks and hard copies delivered to the bin outside Courtroom 1904 and must contain: a. Date and amount of last offer/demand by each party; b. Primary reason or the main points why the case has failed to settle; c. A summary of plaintiffs’ and defendants’ evidence and primary legal issues;

CRITICALCivil cases

Applies to

Affidavit of military service

When defaulting an individual, an affidavit of military service using Clerk Form CCG 004 and a Department of Defense Service Member Database status report is required.

Affidavit of military service when defaulting an individual (Clerk Form CCG 004 and status report print out from the Department of Defense Service Member Database pursuant to the Service Members Civil Relief Act)

CRITICALCivil cases

Applies to

Exhibits

An index of exhibits must be provided with any motion, response, or reply.

An index of the exhibits is also required.

CRITICALCivil cases

Applies to

Certificate

An attorney certificate confirming the court file and computer were checked for the defendant's appearance or answer (or form CCL 0517) is required, with the check performed within 10 business days before the hearing.

Attorney certificate indicating that court file and computer have been checked for defendant's appearance or answer or form CCL 0517. (File and computer must be checked within 10 business days prior to date of hearing.)

CRITICAL

Applies to

Motion

Must include

proposed order

For routine motions, parties must email a proposed order with the filed motion and request for entry.

Via email the parties must send a proposed order that accompanies the filed motion and request for entry.

CRITICALCivil cases

Applies to

Supplemental brief

Supplemental briefs or citations may not be filed without leave of court.

NO SUPPLEMENTAL BRIEFS OR CITATIONS FILED WITHOUT LEAVE OF COURT;

CRITICALCivil cases

Applies to

Proposed order

For liquidated damages, the proposed order must reflect the reason for default, judgment amounts for specific items of recovery, and a statement that a copy of the order will be sent to defendants by close of business on the date of entry.

LIQUIDATED DAMAGES: the order shall reflect the following: (1) the reason for default; (2) the judgment amounts for specific items of recovery (e.g. attorneys' fees and costs, with supporting documents as required above); and, (3) a statement that a copy of the order will be sent to defendant(s) by the close of business on the date of entry.

CRITICALCivil cases

Applies to

Summons

The face of the summons must be submitted with the default motion packet.

Face of Summons

CRITICALCivil cases

Applies to

Return of summons

The return of summons must be submitted with the default motion packet.

Return of summons

CRITICALCivil cases

Applies to

Motion

The original notice of motion and original motion must be submitted with the default motion packet.

Original notice of motion and original motion

CRITICALCivil cases

Applies to

Proposed order

For unliquidated damages, the proposed order must reflect that default is entered and the case is set for prove-up of damages in Courtroom 1904, with the Court selecting the prove-up date.

UNLIQUIDATED DAMAGES: the order shall reflect the default being entered and the case being set for prove-up of damages in Courtroom 1904. The Court will select the date for prove-up.

CRITICALCivil cases

Applies to

Proposed order

Must include

proposed order

A proposed judgment order must be submitted with the default motion packet.

Proposed judgment order:

CRITICAL

Applies to

Order

Must include

proposed order

Parties must deliver an order memorializing the Court's ruling to the Court by 1:00 p.m. on the day of the hearing.

You are required to deliver to the Court an order memorializing the Court's ruling not later than 1:00 p.m. on the day of your hearing.

CRITICAL

Applies to

Appearance

No party may appear without first filing an appearance, except for a petition to intervene.

Pursuant to Illinois Supreme Court Rule 13(c) and Circuit Court Rule 1.4(a), no party may appear without having previously filed an appearance, except for a petition to intervene.

CRITICAL

Applies to

Service notice

Service notices must include each attorney's or self-represented litigant's address, telephone number, and email address.

All service notices must include each attorney or self-represented litigant's address, telephone number, and email address.

CRITICAL

Applies to

Motion to appoint receiver

Must include

proposed order

Motions to appoint a receiver are heard only if the movant provides the complaint with exhibits, motion with color photographs, three proposed receivers with CVs and fee schedules, proof of service, proof of reasonable notice, and a proposed order.

Motions to appoint a receiver 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) Three proposed receivers; (4) Proposed receivers' curricula vitae and fee schedules; (5) Proof of service of process of the complaint meeting all statutory requirements (if the mortgagor has been served with the complaint); (6) 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 (7) A proposed order.

CRITICAL

Applies to

Affidavit

Affidavits in support of judgment of foreclosure shall not have a stand-alone signature page if formatting allows the signature to begin on the last page of the affiant's statements.

All affidavits "prepared in support of entry of a judgment of foreclosure, by default or otherwise, shall not have a stand-alone signature page if formatting allows the signature to begin on the last page of the affiant's statements." Ill. Sup. Ct. R 113(c)(4).

CRITICAL

Applies to

Motion to appoint special process server

A motion to appoint a speical process server must identify the process server's name, employer, and license number.

A motion to appoint a special process server must contain the process server's name, employer, and license number.

CRITICAL

Applies to

Affidavit

Movants must submit a separate affidavit to prove up attorneys' fees and costs, not integrated into the Rule 113 affidavit.

Movants shall submit a separate affidavit to prove up attorneys' fees and costs and this amount shall not be integrated into the Movant's Illinois Supreme Court Rule 113 affidavit;

CRITICAL

Applies to

Affidavit

Prove up and loss mitigation affidavits must have the affiant's signature and notary/verification on the same page.

Prove up affidavits brought pursuant to Illinois Supreme Court Rules 113 and 191 and loss mitigation affidavits brought pursuant to Illinois Supreme Court Rule 114 shall have the affiant's signature and notary or verification pursuant to 735 ILCS 5/1-109 on the same page.

CRITICAL

Applies to

Motion

Motions seeking an in personam deficiency must include specified documents, including a BPO/appraisal from a licensed Illinois professional within 60 days of sale.

If a party seeks an in personam deficiency, the movant MUST also provide a copy of: (1) The complaint, with all exhibits including Mortgage(s) and Note(s); (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

Discovery motion

Must include

certificate of conference

All discovery motions, including motions to compel, must include a Rule 201(k) statement certifying that counsel consulted and could not resolve discovery differences, or that opposing counsel was unavailable or unreasonable.

Every motion with respect to discovery shall incorporate a statement that counsel responsible for trial of the case after personal consultation and reasonable attempts to resolve differences have been unable to reach an accord or that opposing counsel made himself or herself unavailable for personal consultation or was unreasonable in attempts to resolve differences.

CRITICAL

Applies to

Notice of motion

Motions to approve sale with no contesting appearances must be noticed for the 9:15 AM default call.

Motions for an entry of an order approving sale in which no appearance or answer was filed or in which the only appearance or answer filed is by the United States of America, a special representative, or any other defendant(s) not contesting the entry of the order shall be noticed for the Court's 9:15 AM default call.

CRITICAL

Applies to

Motion for leave to amend or third party claim

A motion for leave to amend or file a third-party claim must identify the specific changes and attach the proposed filing.

A motion for leave to amend or to file a third-party claim must specify what is being amended and attach a proposed filing.

CRITICAL

Applies to

Motion

Plaintiffs seeking property preservation fees must provide a breakdown of fees, invoices, and proof of payment, or the motion will be stricken or continued 30-60 days.

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 place mortgagee in possession

Must include

proposed order

Motions to place the mortgagee in possession are heard only if the movant provides the complaint with exhibits, motion with color photographs, proof of service, proof of reasonable 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) Proof of service of process of the complaint meeting all statutory requirements (if the mortgagor has been served with the complaint); (4) 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 (5) A proposed order.

CRITICAL

Applies to

Motion to compel discovery

Motions to compel discovery must demonstrate the case is not subject to any hold, such as loss mitigation, bankruptcy, or internal or regulatory 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

Judgment of foreclosure

Judgment of foreclosure orders with single-sum totals or incomplete breakdowns will not be entered; the matter will be continued.

Single sum total dollar amounts or incomplete breakdowns as described herein in judgment of foreclosure orders without a clear and thorough breakdown of where and how these figures were derived are NOT acceptable. Noncompliant orders will not be entered. The Court will not take action on the scheduled matter and will continue the matter to a new date subject to the Court's availability.

CRITICAL

Applies to

Judgment of foreclosure

Judgment of foreclosure orders must itemize fees, costs, principal, interest, per diem, etc. as line items and break down the total amount due.

Judgment of foreclosure orders SHALL clearly list and break down attorneys fees, costs, principal, interest, per diem, etc. as individual line items corresponding to exhibits such as the Prove Up Affidavit and the Affidavit of Attorney Fees and Costs. The total amount due must still be listed; however, that amount must be broken down into its component parts.

CRITICAL

Applies to

Affidavit of attorney fees and costs

Affidavits of Attorney Fees and Costs should also have two separate amounts listed somewhere within them, one for the total attorneys fees (and a time and task if in excess of $3,350) and another for the total costs.

Affidavits of Attorney Fees and Costs should also have two separate amounts listed somewhere within them, one for the total attorneys fees (and a time and task if in excess of $3,350) and another for the total costs.

CRITICAL

Applies to

Notice of motion

Each notice of motion must show the scheduled notice hearing's hearing date/time for the body; blank lines, 'see above', or references to clerk's stamp are strictly prohibited.

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 comer of the page, or any deviation from the format required herein is strictly prohibited.

CRITICAL

Applies to

Proposed order

Proposed Judgment of Foreclosure and Sale orders may not include any language authorizing immediate possession.

Proposed Judgment of Foreclosure and Sale orders MAY 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 issue."

CRITICAL

Applies to

Motion to voluntarily dismiss full payoff

(c) On motions to dismiss the case in its entirety due to a full pay off, it shall be accompanied by an order dismissing the case WITH prejudice.

(c) On motions to dismiss the case in its entirety due to a full pay off, it shall be accompanied by an order dismissing the case WITH prejudice.

CRITICAL

Applies to

All filed documents

Must include

ai disclosure

Any document created in whole or in part with AI must contain an AI statement inside the document itself.

any document (motion, brief, affidavit, etc.) filed in any case before this Court that was created in any part with the assistance or use of AI (including, but not limited to: research, writing, editing of the document, or analysis of an opposition's document) shall contain within the document itself a statement that AI was used in the document's creation or analysis.

CRITICAL

Applies to

Motion

Motions to reform a property's legal description must comply with General Administrative Order No. 2016-03 and identify the original and correct legal descriptions, the reason for the difference, and evidentiary support.

Any motion seeking to reform the legal description of a property in a Deed, Mortgage, or any Assignment thereof must comply with the General Administrative Order No. 2016-03 and clearly identify: (i) The original legal description; (ii) The correct legal description, specifically identifying the change(s) made in bold or italics; (iii) The reason the legal description is different or was incorrect, as appropriate; and (iv) Evidentiary support for the change.

CRITICAL

Applies to

Judgment of foreclosure

Attorney's fees and costs should be listed in the judgment of foreclosure as two separate numbers, and each line item must match the Affidavit of Attorney Fees and Costs.

Attorney's fees and costs should be listed in the judgment of foreclosure as two separate numbers, and each line item must match the Affidavit of Attorney Fees and Costs.

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 to issue alias summons

A motion to issue an alias summons must state the issue date and identify the person being served.

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

CRITICAL

Applies to

Motion to reinstate

Motions to reinstate after a defendant's bankruptcy dismissal must attach proof of relief from the automatic stay, dismissal, discharge, or similar evidence.

A motion to reinstate a case following a dismissal due to a defendant filing for bankruptcy shall attach proof (such as a copy of an order from the bankruptcy court) that the moving party has leave from the bankruptcy automatic stay, the bankruptcy has been dismissed, the bankruptcy has been discharged, or other similar evidence of the same.