Circuit Court of Cook County Pre-Motion Conference Requirements

CRITICAL

Parties must confer meaningfully under Supreme Court Rule 201(k) before bringing any discovery dispute to the Court.

Before bringing any discovery dispute to the Court, the parties must confer meaningfully under Supreme Court Rule 201(k).

CRITICAL

A party must obtain authorization from Judge Walker’s law clerks before adding a motion to a previously scheduled court date.

Any additional motion that a party wishes to add onto a previously scheduled court date, or “piggy back,” must be authorized by Judge Walker’s Law Clerks.

CRITICAL

A motion to dismiss under 735 ILCS 5/2-619.1 requires prior leave of court, which may be requested orally.

The Court will not hear motions to dismiss under 735 ILCS 5/2-619.1, without prior leave of court. Such motions for leave to file can be made orally.

CRITICAL

Sur-responses, sur-replies, and supplemental authority are allowed only if the Court deems them necessary, and parties must request them by written motion.

Sur-Responses and Sur-Replies, along with supplemental authority, will only be allowed if the Court deems it necessary. Parties must make such requests by written motion.

CRITICAL

Emergency motions must be presented to Court's staff for approval before being scheduled for hearing.

Notice of emergency motions must comply, with local Rule 2.2 and a copy of the motion must first be presented to Court’s staff for approval before being scheduled for hearing.

CRITICAL

Rule 201(k) discovery motions require an actual personal consultation with opposing counsel; motions supported only by unanswered written communications will be stricken.

Unanswered letters, emails, or text messages to opposing counsel seeking to initiate a personal consultation regarding discovery disputes do not themselves constitute a personal consultation. As a result, motions pursuant to Rule 201(k) that are supported only by "no response" or "unresponded to" written communications will be stricken.

CRITICAL

Parties must discuss motions in limine in advance of the final pre-trial conference.

Note: motions in limine must be discussed between and among counsel in advance of the final pre-trial conference to ensure that the motions remaining are those that the parties in good faith cannot resolve before trial;

CRITICAL

No judgment motion may be filed or noticed, and no judgment entered, until case management is stricken by the Court (4331), applying to residential and commercial properties, and noticing judgment motions before a continued case management conference is strictly prohibited.

No judgment motion shall be filed or noticed nor shall any judgment be entered prior to case management being stricken by the Court (4331). This shall apply to residential and commercial properties. Noticing judgment motions prior to a continued case management conference is strictly prohibited.

CRITICALCivil cases

A motion to exceed brief page limits must be filed before the brief's filing deadline.

Motions to file a brief in excess of these limitations must be filed in advance of the filing deadline.

CRITICALCivil cases

Motions to consolidate must be presented on the Presiding Judge of the Chancery Division’s calendar.

Motions to consolidate such motions are heard only by the Presiding Judge of the Chancery Division and must be presented on the Presiding Judge’s calendar.

CRITICALCivil cases

Parties must confer meaningfully under Supreme Court Rule 201(k) before bringing any discovery dispute to court.

Before bringing any discovery dispute to the Court, the parties must confer meaningfully under Supreme Court Rule 201(k).

CRITICAL

Reply briefs for 2-615, 2-619, 2-622, and discovery motions require specific leave of court.

If briefing is necessary on such motions, the court will not entertain reply briefs without specific leave of court.

CRITICALCivil cases

Reply briefs for §2-615, §2-619, §2-622, and motions to compel require specific leave of court.

Briefing on §2-615, §2-619, and §2-622 Motions, and Motions to Compel. If the Court determines that briefing is necessary, it will not entertain reply briefs without specific leave of court.

CRITICALCivil cases

Emergency motions require presenting a copy to court staff for approval before scheduling, and must comply with local Rule 2.2.

Notice of emergency motions must comply, with local Rule 2.2 and a copy of the motion must first be presented to Court’s staff for approval before being scheduled for hearing.

CRITICALCivil cases

Emergency motions must meet two criteria, be scheduled with the coordinator, and include specified documents submitted to the law clerk via email.

Emergency Motions must be scheduled with the Court Coordinator Johan Townsend at Johan.Townsend@cookcountyil.gov. The movant shall present the motion, relevant pleadings, attachments, affidavit(s) and complaint stating the basis for the emergency to the law clerk via email. If the matter is a true emergency, an immediate hearing date will be set and movant shall provide notice to the opposing parties or their counsel. 1) there was no opportunity to notice a motion for the regular motion call; and, 2) without immediate court action, there will be irreparable damage to a party. Matters that have become urgent by reason of a party's failure to seek timely relief are not emergencies and will not be scheduled as an emergency.

CRITICALCivil cases

Sur-replies are only permitted with court approval via a written motion.

A sur-response or sur-reply will be allowed only if the Court deems it necessary, and a party makes such a request by written motion.

CRITICALCivil cases

Only the listed motion types are considered routine and eligible for email submission without a court appearance.

The Court will only consider the following motions as "routine": i. Motions for leave to file an appearance, answer, or a motion; ii. Motions to appoint special process server (notice not required); iii. Agreed orders to extend time to file pleadings or briefs, continue of a court date, or amend a briefing schedule; iv. Agreed dismissal orders; and v. Motions for voluntary dismissal of a citation or proceeding.

CRITICALCivil cases

Motions to modify, vacate, alter, or extend CMC orders are only heard on CMC dates, not Regular or Emergency Motion Calls.

All motions to modify, vacate, alter, or extend CMC orders must be brought ONLY on CMC dates, not on the Regular or Emergency Motion Calls.

CRITICALCivil cases

Court screens for 191 discovery in summary judgment and 2-619 motions; if needed, case is continued to status date with order stating specific discovery.

On summary judgment motions and 2-619 motions, the court will screen for 191 discovery. If such discovery is necessary, the case will be continued to a future status date to allow for the completion of that discovery and the order will state what specific discovery is needed.

CRITICALCivil cases

All motions, including motions to compel discovery, are to be presented ONLY on case management conference (CMC) dates. If a CMC date has not been set, motions can be heard on the Regular Motion Call.

All motions, including motions to compel discovery, are to be presented ONLY on case management conference (CMC) dates. If a CMC date has not been set, motions can be heard on the Regular Motion Call.

CRITICALCivil cases

Focus case management conferences are held on Wednesdays at 11:00 AM.

Focus case management conferences will be heard on Wednesdays at 11:00 AM.

CRITICALCivil cases

No briefing schedules for specified motions; continue to a day when the judge is present.

There are NO briefing schedules on: a) motions to dismiss under 2-615; b) motions to dismiss under 2-622; c) motions to compel discovery; d) motions for rulings on objections to discovery; and e) motions for rulings on certified deposition questions. Please continue these motions to a day when the judge is present.

CRITICALCivil cases

Emergency motions are signed up at 8:45 AM, heard at 9:00 AM; must be true emergencies, else heard on Regular Motion Call.

Emergency motions are to be signed up at 8:45 AM by the responsible attorney. They are heard at 9:00 AM. All responsible attorneys are to be present at that time. The motion must be a true emergency or it will not be heard; non-emergency motions will have to be spindled on the Regular Motion Call. As a general rule, an emergency is some circumstance which could lead to irreparable damage to a party if relief is not obtained prior to the time a party can be heard on the court’s Regular Motion Call. Motions to extend or compel discovery are not ordinarily emergencies.

CRITICALCivil cases

Routine motions are held in the courtroom unless noted otherwise on the courtroom door.

Routine motions are ALWAYS done in the courtroom unless otherwise noted on the courtroom door.

CRITICALCivil cases

Regular motions must be spindled for the 9:30 a.m. call or piggybacked on a pre-scheduled date; piggybacking requires filing and courtesy copies two full court dates before presentment.

Regular motions must be spindled and set for presentment on Judge Reilly’s 9:30 a.m. call through the Clerk’s Office. Alternatively, motions may be “piggybacked” onto a pre-scheduled date set by court order or onto a properly spindled motion presentment date. In order to piggyback any motion, the movant must file and provide courtesy copies to the Court at least two (2) full court dates before the presentment date. Failure to properly spindle or piggyback a motion, may result in the Court striking the motion or refusing to hear the motion and requiring the movant to spindle the motion onto the Court’s regular motion call.

CRITICALCivil cases

Settlement conferences require a party with settlement authority to be present.

The Court will not conduct a conference unless someone who has authority to settle the case is present.

CRITICALCivil cases

Emergency motions must be labeled “Emergency”, include a specific showing of emergency, and have file-stamped copies submitted by 3:00 p.m. the day before presentment.

Procedure: A party must submit a file-stamped copy of the emergency motion, any exhibits, and the complaint setting forth the underlying cause of action to the Court and request a hearing no later than 3:00 p.m. on the day preceding presentment. The motion must be labeled “Emergency” and contain a specific showing of why the motion is an emergency.

CRITICALCivil cases

Routine motions do not require a court appearance; motions and draft orders must be emailed to the Court Coordinator at least two court days before entry.

Routine motions will be accepted and do not require a court appearance. Motions should be emailed to Melissa.robbins@cookcountyil.gov and the draft order should be emailed to Melissa.robbins@cookcountyil.gov at least two court days before the order will be entered by this Court.

CRITICALCivil cases

Sur-replies are only permitted with court approval via written motion.

A sur-response or sur-reply will be allowed only if the Court deems it necessary, and a party makes such a request by written motion.

CRITICALCivil cases

Non-routine motions must be scheduled with the Court Coordinator or via e-filing.

All other motions must be scheduled either with the Court Coordinator or through E-Filing.

CRITICALCivil cases

Emergency motions must be scheduled with the Court Coordinator; movant must submit all supporting documents to the law clerk via email.

Emergency Motions must be scheduled with the Court Coordinator at Melissa.robbins@cookcountyil.gov. The movant shall present the motion, relevant pleadings, attachments, affidavit(s) and complaint stating the basis for the emergency to the law clerk via email.

CRITICALCivil cases

Only the listed motion types are considered routine motions exempt from appearance requirements.

The Court will only consider the following motions as “routine”: 1. Motions for leave to file an appearance, answer, or a motion; 2. Motions to appoint special process server (notice not required); 3. Agreed orders to extend time to file pleadings or briefs, continue of a court date, or amend a briefing schedule; 4. Agreed dismissal orders; and 5. Motions for voluntary dismissal.

CRITICALCivil cases

Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

CRITICALCivil cases

Parties must exchange good faith written offers and demands before a settlement conference is scheduled.

Before a Settlement Conference will be scheduled, the parties are required to exchange good faith offers and demands in writing.

CRITICALCivil cases

Contested motion hearings require in-person appearance in Courtroom 2004.

Contested Motion Hearings: Parties must appear in person in Courtroom 2004.

CRITICAL

Prior leave of court is required before filing a motion to dismiss under 735 ILCS 5/2-619.1; leave may be requested orally.

The Court will not hear motions to dismiss under 735 ILCS 5/2-619.1, without prior leave of court. Such motions for leave to file can be made orally. Failure to seek leave to file may lead to the motion being struck from the call, and the Movant will need to re-spindle the motion to be presented on another day, or other sanction.

CRITICAL

Piggy-backing a motion onto an existing hearing requires prior leave of the law clerk, courtesy copies, and proper notice of the motion to all parties.

A party may present a motion on a date and at a time previously scheduled for the presentment of another motion or at a hearing ("piggy-backing") only after obtaining leave from the law clerk, providing courtesy copies, and giving proper notice of the motion to all parties entitled to notice.

CRITICALCivil cases

All arbitration-related motions must be presented to the Supervising Judge of the Commercial Calendar Mandatory Arbitration Program.

All motions relating to the arbitration process must be presented to the Supervising Judge of the Commercial Calendar Mandatory Arbitration Program.

CRITICALCivil cases

Dispositive motions must be presented no later than 90 days before trial unless otherwise ordered.

Unless otherwise specified by order, dispositive motions shall be presented no later than 90 days before the trial date.

CRITICAL

Default judgment may not be entered before case management is stricken, and motions for default judgment may not be noticed before continued case management.

No Default Judgments may be entered prior to case management being stricken by the court. This shall apply to residential and commercial properties. Noticing up motions for judgment prior to continued case management is strictly prohibited.

CRITICALCivil cases

Sur-replies are not permitted.

No surreplies will be permitted.

CRITICALCivil cases

Dispositive motions must be presented at least 90 days before trial unless otherwise ordered.

Unless otherwise specified by order, dispositive motions shall be presented no later than 90 days before the trial date.

CRITICAL

Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

CRITICALCivil cases

A piggy-backed motion may be heard on a previously scheduled date only if separately scheduled with the Case Coordinator at least one week beforehand.

The "piggy-backing" of motions onto a previously scheduled date is permitted so long as the movant separately schedules the "piggy-backed" motion with the Case Coordinator at least one week in advance of the date.

CRITICALCivil cases

A motion to move a contested proceeding from a remote hearing to an in-person courtroom hearing must be heard at least two weeks before the proceeding.

Any party may bring a motion to request that any contested proceeding set for remote hearing take place in person in the courtroom, and said motion must be heard at least two weeks before the scheduled proceeding.

CRITICALCivil cases

A piggy-backed motion that is not properly set and scheduled through the Case Coordinator will not be heard.

Piggy-backed motions that are not properly set and scheduled on the call through the Case Coordinator will not be heard.

CRITICALCivil cases

Motions must be filed with and scheduled through the Clerk of the Circuit Court to be heard.

All motions must be filed with and scheduled through the Clerk of the Circuit Court. Motions that are not properly set and scheduled through the Clerk of the Circuit Court will not be heard.

CRITICALCivil cases

Only a party that has filed an appearance may bring an emergency motion.

Only parties who have filed an appearance may bring an emergency motion.

CRITICALCivil cases

An emergency motion that has not been scheduled will not be heard.

No unscheduled emergency motion will be heard.

CRITICALCivil cases

Opposing party must serve a written response to a motion in limine within 10 days.

If any motion in limine is served, the opposing party must serve a written response within ten (10) days. Any such response shall become a part of the trial material.