Circuit Court of Cook County Document Filing Requirements

CRITICAL

Applies to

Affidavit

A party seeking discovery before responding to certain dispositive motions must file an affidavit complying with Illinois Supreme Court Rule 191(b) by the motion's presentment date; failure may waive discovery.

(m) 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) must 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.

CRITICALCivil cases

Applies to

Damages affidavit

A damages affidavit or verification must be provided with the complaint.

a. Damages Affidavit or Verification

CRITICALCivil cases

Applies to

Complaint

The complaint, with its exhibits, must be filed for the prove-up hearing.

3. __ Complaint with exhibits

CRITICALCivil cases

Applies to

Draft judgment order

Must include

proposed order

A draft judgment order must be provided at the prove-up hearing.

10. __ Draft Judgment Order

CRITICALCivil cases

Applies to

Proof of notice

Plaintiff must provide proof of notice of the prove-up date to the defaulting defendant.

2. __ Proof of Notice of Prove-up Date

CRITICALCivil cases

Applies to

Proposed agreed order

Must include

proposed order

Proposed agreed orders must be submitted electronically via email in Microsoft Word format, not filed, with all parties copied, and followed by a phone call to the case coordinator.

Proposed agreed orders may be submitted electronically. Proposed agreed orders are not to be filed. Rather, they are to be submitted to the judge to consider, to modify, if appropriate, and to enter. For example, proposed agreed orders such as stipulated protective orders require court approval before actually being given full effect. Proposed agreed orders must be attached to an e-mail sent to following e-mail address: law.calncc@cookcountyil.gov. The subject line of the e-mail must include the case number and name, and the title of the order that is proposed. All such documents must be submitted in Microsoft Word format. All other parties to the case must be copied on the email. Please advise the court’s case coordinator by phone (312-603-4804) after submitting a proposed agreed order.

CRITICALCivil cases

Applies to

Affidavit of no answer

An affidavit that no Answer/Appearance filed may be dated no earlier than 10 days before the present date.

5. __ Affidavit that no Answer/Appearance filed (dated no earlier than 10 days before the present date)

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must be e-filed, verified, and include a factual basis describing the nature of the emergency.

Your e-filed, verified motion shall include a factual basis stating the nature of the emergency.

CRITICAL

Applies to

Notice of motion

Each notice of motion must include a copy of the pleadings the movant intends to present.

The Notice of Motion must be accompanied by a copy of the pleadings the Movant seeks to present to the Court.

CRITICAL

Applies to

Emergency motion to stay judicial sale

Emergency motions to stay judicial sale must include sale date/time and prior-stay history, plus pre-approval/proof-of-funds or loss-mitigation proof depending on the basis.

Emergency motions to stay a judicial sale must include the sale date and time and must indicate whether the party previously sought a stay. A party seeking to stay judicial sale based on a purchase contract or a short sale contract must provide the court with a pre-approval letter for the buyer, or any proof of funds if the sale contract does not contain a mortgage contingency provision. A party seeking to stay judicial sale based on a completed loss mitigation application must provide the court with proof that an application was submitted to the lender and/or that the lender has acknowledged receipt of a completed loss mitigation application.

CRITICAL

Applies to

Emergency motion to appoint receiver or mortgagee in possession

Emergency motions to appoint a receiver or mortgagee in possession are allowed only when the verified petition states an immediate health or safety threat.

Emergency motions to appoint a receiver or mortgagee in possession may be brought only if the verified petition contains factual allegations indicating an immediate health or safety threat.

CRITICAL

Applies to

Courtesy copy package

Must include

proposed order

A proposed order indicating the relief sought must accompany the movant's courtesy-copy submission.

In addition to all pleadings and exhibits, Movant must submit a Proposed Order indicating the relief sought.

CRITICAL

Applies to

Emergency motion to stay possession

Emergency motions to stay possession must state the judgment date, possession expiration date, and prior-stay status.

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 involve imminent irreparable damage if the party cannot await the regular motion call, and must conform to Circuit Court Rule 2.2.

Emergency Motions must involve some circumstance which could lead to irreparable damage to a party if relief is not obtained before the party can be heard on the regular motion call. See Nagel v. Gerald Dennen & Co., 272 Ill. App. 3d 516, 519-20, 650 N.E.2d 547, 550 (1st Dist. 1995), defining emergencies. Emergency motions must be brought in conformance with Circuit Court Rule 2.2.

CRITICALCivil cases

Applies to

Witness list

Witness lists and discovery must be tendered to all parties and the court one week before trial or witnesses/exhibits are excluded.

For all matters set for trial or hearing on the 2:00pm call, a witness list (including names, addresses, phone numbers) and all discovery must be tendered to all parties and the court (jamieg.dickler@cookcountyil.gov) 1 week prior to the commencement of the trial or those witnesses and exhibits will be excluded at trial.

CRITICALCivil cases

Applies to

Petition

Must include

certificate of service

Petitioners for guardianship petitions must provide specific documents and notices for the first court date.

For all Petitions for Guardianship, Successor Guardianship or Termination of Guardianship the petitioner must provide the following for the first court date: - Minor’s birth certificate - Any and all death certificates for parents listed on birth certificate - Proof of notice to all parties on “Exhibit A” either by certified mail if address is known or publication if address is not known - Notarized consents from parties in lieu of notice - Completed background check (CANTS/LEADS) forms for petitioner and all adults in the petitioner’s home - Minors 14 y/o or older must be given actual notice and be present in Court or sign the nomination portion of the Petition

CRITICALCivil cases

Applies to

Correspondence

Must include

case number

All emailed or delivered paperwork must include the case name, case number, and next court date.

All paperwork emailed or delivered MUST include the case name (minor’s name), the case number and next court date.

CRITICALCivil cases

Applies to

Motion

Must include

proposed order

Agreed Orders: If the motion is agreed, the movant should so state in the motion. A proposed order marked as agreed should also be submitted.

Agreed Orders: If the motion is agreed, the movant should so state in the motion. A proposed order marked as agreed should also be submitted.

CRITICALCivil cases

Applies to

Trial documents

Upon trial assignment, parties must submit a statement of the case, witness list, exhibit list, Rule 213 disclosures, stipulations, motions in limine, jury instructions, and trial briefs.

TRIALS: Documents Required Upon Assignment: • Short statement of the case to be read to the jury in voir dire, including how long the trial will last. • Jointly prepared witness list to be read to the jury. • A complete list of all exhibits, including demonstrative exhibits, that each party intends to use at trial. • Copies of all Rule 213 disclosures. • Any stipulations between the parties. • Copies of each party’s motions in limine. • Four copies of proposed jury instructions (two marked, numbered and sorted in the order of the IPI system and two unmarked). • Any trial briefs, memoranda, or other information a party wishes to submit copied to all parties.

CRITICALCivil cases

Applies to

Submission

All submissions must bear the Clerk's stamp and be served on all parties in the same manner and form.

Any submission to the Court must contain the Clerk’s stamp and must be sent to every other party to the litigation in the same manner and form.

CRITICALCivil cases

Applies to

Petition to approve settlement

Petitions to approve settlement must include itemized costs, fee agreement or contingency percentage, description of lien claims, and probate language if required.

Petitions shall include: (1) an itemized and descriptive list of costs; (2) a copy of the fee agreement or counsel’s representation as to the contingency percentage; (3) a description of all lien claims, even if the lien does not attach to the proceeds; and (4) appropriate language where further probate proceedings are required.

CRITICALCivil cases

Applies to

Any document

Must include

ai disclosure

Any document submitted to the Court must include a written disclosure if AI was used, and confirm verification of cited authorities.

A party submitting any document, motion, brief, or memoranda to the Court must disclose in writing on the submitted document that AI was used in the creation of the document and that the party has verified the existence and accuracy of any authority cited.

CRITICALCivil cases

Applies to

Motion

Emergency motions must contain the word 'Emergency' in the heading and state the facts giving rise to the emergency.

Emergency motions should contain the word "Emergency" in the heading, and facts giving rise to the nature of the emergency should be stated in the motion.

CRITICALCivil cases

Applies to

All

Non-compliant documents may be stricken by the court.

Any document that does not comply with this or any other court order shall be filed subject to being stricken by the court.

CRITICAL

Applies to

Emergency motion

An emergency motion must be marked 'EMERGENCY MOTION' and include a factual basis explaining the nature of the emergency.

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

CRITICAL

Applies to

Motion

Must include

proposed order

Routine motions must be accompanied by draft orders in Word format.

Routine motions are to be scheduled with the Clerk of the Circuit Court for 10:15 a.m. on Mondays through Thursdays, but do not require an appearance in open court. Motions captioned “Routine” must be accompanied by draft orders in Word format. Courtesy copies must be submitted two (2) court days in advance of the hearing date.

CRITICAL

Applies to

Trial materials

Trial materials must include exhibit list, stipulated facts, contested issues list, motions in limine, deposition transcripts, witness list, and opinion witness discovery responses.

Trial materials must include: (1) an exhibit list, which identifies each exhibit and whether there is a stipulation as to its foundation; (2) a submission of stipulated facts or SCR 216 admitted facts; (3) a list of contested factual questions and legal issues; (4) any motions in limine (such motions will be taken up on the first day of trial unless an earlier ruling on a crucial motion might assist the parties in settling the case); (5) full transcripts of any evidence depositions, with each marked to identify portions that will be offered at trial; (6) a witness list; and (7) discovery responses of any opinion witness, which satisfy the proponent’s burden that the proposed testimony complies with SCR 213.

CRITICALCivil cases

Applies to

Default judgment motion

In joint actions, a prove-up affidavit or live testimony is required to support damages; a verified complaint is not sufficient for rent during eviction.

In the event Plaintiff has filed a joint action, a prove-up affidavit or live testimony is required to support a claim for damages. A verified complaint will not be accepted by the Court as sufficient to support a claim for rent during the pendency of the eviction action.

CRITICALCivil cases

Applies to

Motion

Emergency motions must set forth a verifiable emergency with extraordinary circumstances.

Emergency motions must set forth a verifiable EMERGENCY with extraordinary circumstances.

CRITICALCivil cases

Applies to

Appearance

Defendants in ERP cases must file an Appearance by the date in the Trial Setting Order and before presenting motions, participating in trial, or addressing the Court at any critical stage.

On the ERP return date, the Court will issue a Trial Setting Order requiring the Defendant(s) to file an Appearance by the date set forth therein. Defendant(s) will be required to file an appearance prior to presenting any motions, participating in trial or addressing the Court in any other critical stage of the proceeding.

CRITICALCivil cases

Applies to

Affidavit as to military service

An affidavit as to military service using Clerk Form CCG 0004 and Dept. of Defense status report is required.

Affidavit as to military service. Clerk Form CCG 0004 & Dept. of Defense status report. www.servicememberscivilreliefact.com

CRITICALCivil cases

Applies to

Prove up affidavit

Plaintiff must E-file a Prove-Up Affidavit (or present sworn testimony via ZOOM) at least 5 days before a non-compliance prove-up hearing; attorneys cannot rely solely on a motion or oral representation.

On all motions for an eviction order of possession and / or money judgment based on the non-compliance of a party on an Agreed Order, the plaintiff must E-file a Prove-Up Affidavit in support of the required elements of proof for judgment not less than five (5) days prior to the hearing OR present sworn testimony via ZOOM in support of the required elements of proof for judgment to be entered. Attorneys may not seek an order of possession or money judgment based solely upon an attorney's motion or an attorney's oral representation to the Court.

CRITICALCivil cases

Applies to

Proof of service affidavit

A Proof of Service Affidavit from the deputy sheriff or special process server is required for each defaulted defendant; sheriff's internet records are not acceptable; constructive service requires statutory affidavit and posting/publication affidavit.

Proof of Service Affidavit from the deputy sheriff or special process server for each defendant in default. (Sheriff’s Internet / Online / Website record is not acceptable) Constructive Service (5/9-107): Affidavit as set forth in statute and Posting or Publication affidavit from sheriff or publication service.

CRITICALCivil cases

Applies to

Order

The settlement or dismissal order must be signed by both parties and submitted to the Clerk by 9:30 a.m. on or before the scheduled date, with no exceptions.

The Order of settlement or dismissal must be signed by both parties and submitted to the Clerk at 9:30 a.m. on or before the date the matter was scheduled – no exceptions.

CRITICALCivil cases

Applies to

Motion

Discovery in residential eviction cases requires prior leave of Court; a party must file a motion identifying the discovery and its relevance/necessity.

Discovery will not be permitted in residential eviction cases without prior leave of the Court. Prior to engaging in any discovery, a party wishing to issue discovery must file a motion with the Court identifying what discovery will be issued and state why that discovery is relevant and necessary.

CRITICALCivil cases

Applies to

Appearance

An attorney shall file a written Appearance or other pleading before addressing the court unless the attorney is presenting a motion for leave to appear by intervention or otherwise.

An attorney shall file a written Appearance or other pleading before addressing the court unless the attorney is presenting a motion for leave to appear by intervention or otherwise.

CRITICALCivil cases

Applies to

Notice of termination

In eviction cases, a Notice of Termination of Tenancy served upon tenant(s) must be e-filed for default judgment motions.

Eviction Cases: Notice of Termination of Tenancy served upon tenant(s).

CRITICALCivil cases

Applies to

Prove up affidavit

A Prove-Up Affidavit must set forth facts supporting possession claim, money damages through month of possession, and statement that no payments were accepted in excess of the 5-day notice amount.

Prove-Up Affidavit setting forth facts supporting Plaintiff’s claim for possession; claim for money damages thru month of possession; and statement that since the service of the Termination of Tenancy Notice, Plaintiff has not accepted any payments from defendant(s) in excess of the amount set forth in the 5-day notice.

CRITICAL

Applies to

Proposed order

Must include

proposed order

After a case management or status call, parties must confer and agree to a proposed order reflecting the court's ruling.

After a case management or status call, the parties are to confer and agree to a proposed order reflecting this court's ruling.

CRITICAL

Applies to

Routine motion

Must include

proposed order

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

Motion to compel

Motions to compel must contain a written statement required by Supreme Court Rule 201(k).

Any and all motions to compel discovery under Supreme Court Rules 201 or 219 must contain a written statement required by Supreme Court Rule 201(k). Failure to comply strictly with Supreme Court Rule 201(k) and with the

CRITICALCivil cases

Applies to

Notice of motion

Notices of motion must include the Calendar I email address and Case Coordinator.

All notices of motion must include the email address of Calendar | (law.calicc@cookcountyil.gov) and the Case Coordinator.

CRITICALCivil cases

Applies to

Dismissal order

A dismissal order must identify and strike any future dates previously set in the case.

Any dismissal order must include a sentence identifying and striking all future dates previously set in the case, if any.

CRITICALCivil cases

Applies to

Routine motion

Must include

proposed order

Each routine motion must include a proposed order.

Routine motions emailed to the Court must include a proposed order for entry.

CRITICALCivil cases

Applies to

Agreed dismissal order

An agreed dismissal order must identify and strike any future dates set in the case.

Any agreed dismissal order must include a sentence identifying and striking all future dates set in the case, if any.

CRITICALCivil cases

Applies to

Discovery motion

Every discovery motion must include the discovery documents or deposition transcripts at issue.

Any discovery motion must include the discovery document(s) or deposition transcript(s) at issue.

CRITICALCivil cases

Applies to

Memorandum of judgment

Must include

proposed order

Memoranda of Judgment must be submitted in hard copy and include the Judgment Order.

All Memoranda of Judgment presented must be in hard copy and must include the Judgment Order.

CRITICALCivil cases

Applies to

Ex parte motion

Ex parte motions must include an order; confessions of judgment must include proof; dismissal orders must strike future dates.

The following motions, orders, and/or memoranda only may be submitted off call ex parte and without notice to the Case Coordinator: ex parte motions for voluntary dismissal if allowed under law, confessions of judgment, and memoranda of judgment. All motions must include an order. All confessions of judgment must include sufficient proof of the confessed judgment and entitlement thereto, including authorized appearance of the party confessing if so required by the confession provision. Regarding memoranda of judgment, see also Rule No. 11 above. Any dismissal order must include a sentence identifying and striking all future dates previously set in the case, if any.

CRITICALCivil cases

Applies to

Routine motion

Must include

proposed order

A routine motion emailed to the Court must include a proposed order for entry.

Routine motions emailed to the Court must include a proposed order for entry.

CRITICALCivil cases

Applies to

Brief

Authorities outside Illinois must be provided in full, and a Westlaw-only citation is insufficient unless accompanied by a full copy.

Citation to Illinois cases or legislation in accordance with a citation style approved by Illinois and Cook County court rules is sufficient. Case law or any other authority outside of the State of Illinois (including federal case law in Illinois-based federal courts) must be provided to the Court by a full copy of the same; citation alone is insufficient. No case may be cited to Westlaw alone, unless a full copy of the case is provided along with the brief.