Circuit Court of Cook County Pre-Motion Conference Requirements

CRITICALCivil cases

Routine motions must be noticed for 8:45 a.m. Monday through Thursday.

In order to set a routine motion, the motion must be noticed for 8:45 a.m. on any day from Monday through Thursday.

CRITICALCivil cases

An emergency motion must be scheduled in advance with the Case Coordinator, subject to the Judge’s approval.

A movant must schedule the motion with the Case Coordinator in advance, and any such scheduling will be done with the approval of the Judge.

CRITICALCivil cases

A timely objection causes the routine motion to be stricken; a movant still seeking relief must schedule it on the regular motion call.

Any routine motion to which an objection has been timely interposed will be stricken, and the movant must thereafter schedule the motion on the regular motion call (see Rule No. 2 above) should the movant still seek the relief or order requested.

CRITICAL

Emergency motions must include a proposed Order, state grounds, provide at least 24 hours notice to other parties, and be presented at 9:30 am.

Emergency Motions, with a proposed Order, must be submitted to law.calHcc@cookcountyil.gov or dropped off in 2209 and include the grounds for the emergency. Emergency motions must provide at least 24 hours to other parties who have appeared, absent an exigent circumstance where such Notice cannot be provided. Emergency Motions will be noticed and presented at 9:30 am.

CRITICAL

Piggybacking a motion onto a previously scheduled court date requires prior leave of court, which may be requested in court or by emailing chambers seven days in advance; certain motions may be piggybacked, but not on case management conference calls or Motions to Appoint Receiver.

“Piggybacking” a motion onto a previously scheduled court date in the same case is only allowed with prior leave of court. Parties may request leave to piggyback a motion while in court for a hearing or by emailing the Judge’s chamber staff seven (7) days in advance of the requested date. Generally, Motions to Substitute a Party or Motions to Substitute an Attorney, Motions to Withdraw as Counsel, and Motions for Extension of Time may be piggybacked onto existing motion dates. No piggybacking is permitted on the case management conference call or Motions to Appoint Receiver

CRITICALCivil cases

Parties must confer on evidence deposition objections before raising disputed portions to the Court.

Parties are required to confer on objections contained within the evidence depositions PRIOR to raising the disputed portions to the Court.

CRITICALCivil cases

Parties must meet and confer regarding their motions in limine.

The parties are required to meet and confer with respect to their motions in limine.

CRITICAL

Contested motions that are not piggy-backed must be spindled through Odyssey to obtain a presentment date and time.

Unless piggy-backing, parties must obtain a date and time for presentment of contested motions by spindling the motion through the Odyssey system.

CRITICAL

If a party objects to a routine motion, the movant must spindle it for presentment or may notice it to be piggy-backed to an upcoming hearing or status date.

If any party objects to a routine motion, the movant must spindle it for presentment or may notice the routine motion to be piggy-backed to an upcoming hearing/status date- as set forth in 2(b) below.

CRITICALCivil cases

Emergency motions must be filed and scheduled with the Court Coordinator for Calendar 14N.

Must be filed and scheduled with the Court Coordinator for Cal. 14N

CRITICALCivil cases

Contested motions require a briefing schedule including a Clerk's Status date; Clerk's Status is held via Zoom on Wednesdays at 9:00 AM; hearing date set at Clerk's Status; motion stricken if movant fails to appear.

Parties may provide the briefing schedule in their proposed orders. The Court’s form order may also be used for a briefing schedule on a contested motion. The briefing schedule shall include a date for Clerk’s Status. At the Clerk’s Status, held at 9:00 a.m. on Wednesdays via Zoom, a hearing date on the motion will be set. It is imperative that the parties appearing at the Clerk’s Status have the responsible counsel’s availability for the hearing date. Prior to the Clerk’s Status, the movant shall provide the Court with electronic and physical courtesy copies of all relevant pleadings, papers, and substantive case law. This includes a copy of the operative complaint or petition, with exhibits. The motion will be stricken if the movant fails to appear for the Clerk’s Status.

CRITICAL

Emergency motions require chambers pre-approval by emailing a copy of the motion by 3:00 PM the day before presenting.

Pre-approval to appear must be obtained from chambers by submitting a copy of the emergency motion via email for review no later than 3:00 PM the day prior.

CRITICAL

Piggy-backing requires leave from a law clerk and proper notice; dispositive motions cannot be piggy-backed if the hearing is less than 14 days away.

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 one of the Court’s law clerks, providing courtesy copies, and giving proper notice of the motion to all parties entitled to notice. In the interest of fairness, piggy-backing of dispositive motions to existing hearing dates will generally not be permitted if the scheduled hearing date is less than 14 days from the date one of the Court’s law clerks is contacted.

WARNING

The Court will assume parties have conferred before every virtual status hearing and motion presentment.

The Court will assume parties have conferred before every virtual status hearing and motion presentment.

WARNING

Only motions for alias summons, orders dismissing an entire case voluntarily, and certain agreed orders are considered routine or off call.

The Court will only consider the following matters as “routine,” or “OFF CALL,” • Motions for Alias Summons • Orders for Voluntary Dismissal of a case in its entirety • Agreed Orders (varies)

WARNING

Respondent has 21 days to file a responsive brief after presentment; movant has 14 days to file a reply.

Generally, the respondent to a contested motion that has been noticed for presentment to the court shall have twenty-one (21) days to file a responsive brief after the date of presentment, unless otherwise ordered by the court. The movant shall generally have fourteen (14) days thereafter to file any reply, unless otherwise ordered by the court.

WARNING

In commercial property cases where all parties are served, plaintiff may present a motion to advance and hold a case management conference instanter, but must first have case management stricken by the Court (4331) before filing or presenting judgment motions and may not piggy-back judgment motions onto the same hearing.

In matters involving commercial properties, if all parties are served, the plaintiff may present a motion to advance and hold a case management conference *instanter*. If the plaintiff files such a motion to advance and hold a case management conference, the plaintiff shall not also piggy-back judgment motions to the same hearing and shall first have the case management stricken by the Court (4331) prior to filing and presenting such motions.

WARNINGCivil cases

The Court will assume parties have conferred before every virtual status hearing and motion presentment.

The Court will assume parties have conferred before every virtual status hearing and motion presentment.

WARNINGCivil cases

To schedule a settlement conference, confer with opposing counsel, email 2-3 suggested dates to the court email, include case name and number, and copy all counsel.

To schedule a settlement conference, confer with opposing counsel and then email the Court at ccc.lawcr2303@cookcountyil.gov with 2 or 3 suggested dates. The case must be pending in the Law Division. Please include the case name and number. Copy all counsel of record. The judge will select the first available date.

WARNINGCivil cases

Cases set for trial or three years old or older are ineligible for routine motion procedure.

Cases set for trial and cases three years old or older are not eligible for routine motions.

WARNING

Motions in limine must be discussed between counsel in advance of the pre-trial conference.

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

WARNING

Transfer requests must be presented on call and will not be approved off call.

Transfer requests will not be approved or entered off call.

WARNING

Piggy-back a case of dispositive motions onto an existing hearing generally not allowed if the scheduled hearing is less than 14 days from contacting the law clerk.

In the interest of fairness, piggy-backing of dispositive motions to existing hearing dates will generally not be permitted if the scheduled hearing date is less than 14 days from the date the law clerk is contacted.

WARNINGCivil cases

Routine motions may be brought up to the final pretrial conference.

Routine motions may be brought at any time until the final pretrial conference in the case.

WARNINGCivil cases

A settlement conference, if held, must be scheduled at least one week before the final pretrial conference.

The settlement conference, if any, must be scheduled to occur at least one week prior to the final pretrial conference.

WARNINGCivil cases

A motion to conduct an evidentiary hearing, bench trial, or other proceeding remotely requires reasonable notice and reasonably timed presentment in advance of the hearing.

Any party to an evidentiary hearing, a bench trial, or other proceeding may bring a motion to conduct the proceedings remotely, but reasonable notice of the motion and reasonably timed presentment of the motion in advance of the hearing is required.

WARNINGCivil cases

Routine motions are heard off call, and parties must not appear at the scheduled time.

All routine motions are heard off call, and no party shall appear at the time set for the routine motion.

WARNINGCivil cases

The briefing order sets deadlines for the response and the reply in contested motion briefing.

1. The Response of_________________ is due _______________; 2. The Reply of ___________________ is due ________________;

WARNING

Court generally allows 28 days to respond and 14 days to reply to motions.

The Court will generally allow 28 days to respond to a motion and 14 days to reply, unless it is agreed that the Court should rule upon the motion upon presentment.

WARNINGCivil cases

Dispositive motions and motions with respect to the pleadings will not be entertained on the trial date.

Dispositive motions and/or motions with respect to the pleadings will not be entertained on the trial date.

WARNING

Briefing schedules are unlikely for non-dispositive motions; parties should expect to argue and receive a ruling on the presentment date.

Briefing schedules on any motions that are not potentially dispositive are unlikely to be granted, and the parties should expect to argue such a motion on the date of presentment and receive a ruling that day.

WARNING

No briefing for §2-615 and §2-622 motions; movant must describe deficiencies and provide pleadings; respondent may submit a response at Court's discretion.

There will generally be no briefing allowed for §2-615 and §2-622 motions. The movant shall succinctly describe alleged deficiencies in the complaint, or the §2-622 Affidavit/report, and shall provide a copy of the pleadings for the court's review. The respondent may be allowed to submit a written response, but only at the Court's discretion.

WARNINGCivil cases

Before filing a summary judgment motion, parties should schedule an informal conference with the Court, should always inquire with the Court, and should not make written submissions before the conference.

In many cases, it is helpful for the Court to hold an informal, off-the-record discussion (in chambers or on Zoom) with the lead attorneys of the parties to discuss whether the filing of a summary judgment motion is advisable given the state of the record. No written submissions should be made prior to the conference. Parties, however, should always inquire with the Court prior to filing a summary judgment motion.

WARNINGCivil cases

To schedule a settlement conference, confer with opposing counsel, then email the Court with 2 or 3 suggested dates; the case must be pending in the Law Division.

To schedule a settlement conference, confer with opposing counsel and then email the Court with 2 or 3 suggested dates. The case must be pending in the Law Division.

WARNING

The movant should not notice themselves to appear before the Court to present an emergency motion.

(ii) The movant should not notice themselves to appear before the Court to present the motion.

WARNING

All parties should be ready to address the motion at presentment because a briefing schedule is not guaranteed, particularly for non-dispositive motions.

All parties should be prepared to address the motion at the time of presentment; a briefing schedule is not guaranteed, especially for non-dispositive motions.

WARNING

Motions to amend the Case Management Order are generally not emergencies.

Motions to amend the Case Management Order are generally not an emergency.

WARNINGCivil cases

For contested motions, the court sets a briefing schedule; oral argument is only set upon request and court agreement.

The court will set a briefing schedule on presented contested motions. Oral argument will not be set unless requested by a party and agreed to by the court.

INFO

The Court will generally schedule oral argument for any briefed motion.

For any briefed motion, the Court will generally set the matter for oral argument.

INFOCivil cases

Briefing schedules are not provided for all motions.

Briefing schedules will not be given in all motions.

INFOCivil cases

Initial CMCs are held Wednesdays at 9:30am; FCMCs are held Wednesdays at 10:00am, 10:30am, and 11:00am.

Initial Case Management Conferences [CMC’s] are set for Wednesdays at 9:30 am. Focused Case Management Conferences [FCMC’s] are set for 10:00 am, 10:30 am and 11:00 am.

INFOCivil cases

Oral argument is available upon request, held at 11:30 AM, 1:30 PM, 2:00 PM, or 2:30 PM.

Oral argument is available if requested. Oral arguments are heard at 11:30 AM, 1:30 PM, 2:00 PM, and 2:30 PM.

INFOCivil cases

The judge is available for pre-trial conferences every afternoon at 12:00 PM — 3:00 PM depending on the court’s scheduled hearings. The clerk will know what times are available. A pre-trial conference will only be held if: 1) an offer has been made; and 2) parties with authority must be available in person or by phone. Pre-trial memorandums are optional.

The judge is available for pre-trial conferences every afternoon at 12:00 PM — 3:00 PM depending on the court’s scheduled hearings. The clerk will know what times are available. A pre-trial conference will only be held if: 1) an offer has been made; and 2) parties with authority must be available in person or by phone. Pre-trial memorandums are optional.

INFOCivil cases

The court will first determine whether an emergency exists, then hear the motion at the earliest available time.

When such motions are presented, the court will first determine whether an emergency exists and, if so, then will hear the motion at the earliest time available.

INFOCivil cases

The Court will set a hearing or ruling date after it receives the courtesy copies.

5. Upon receipt of courtesy copies, the Court will enter a date for hearing or ruling.

INFO

When no appearance or answer has been filed by a non-movant mortgagor, specified uncontested motions may be scheduled for presentment on the 9:30 a.m. Default Call.

If no court appearance or answer to the complaint has been filed by a non-movant mortgagor, the following motions may be scheduled for presentment on the court's 9:30 a.m. Default Call: - To Amend Complaint; - To strike a case management date; - To Substitute Parties or Attorneys; - To Add or Dismiss a Party; - For entry of an order of default judgment of foreclosure and sale; - To shorten the redemption period, with a sworn affidavit of vacant or abandoned property; - To prove up the lien of a junior lien holder; - To amend the judgment of foreclosure and sale; - To appoint a judicial selling officer; - For an Order Approving Sale and for Order of Possession.

INFO

When no appearance, answer, or motion has been filed by any mortgagor, specified motions may be delivered to the court off call at any time with proposed orders.

If no court appearance, answer to the complaint, or other motion has been filed by any mortgagor, the following motions may be delivered to the court at any time with proposed orders for entry: - Agreed Continuances; - Motion for Voluntary Dismissal*; - Motion to Substitute Attorney; - Petitions for Special Representative Fees; and - Motions for Substitution of Judge as a Matter-of-Right.

INFO

If the Court finds an emergency and a hearing is necessary, it will set a prompt presentment date.

Otherwise, the Court will set a prompt date for presentment.

INFO

The definition of an emergency is provided in GAO 20-9 § 3.5(A).

See GAO 20-9 § 3.5(A) for what constitutes an emergency.

INFO

The Law Division arbitration program is described in Part 25 of the Local Cook County Rules on the Court’s website.

The Law Division arbitration program is described at Part 25 of the Local Cook County Rules on the Court’s website.