Circuit Court of Cook County Service and Proof of Service Rules

CRITICAL

Applies to

Emergency motion

Movant must deliver file-stamped copies of complaint, notice, motion, and orders to the non-movant after receiving a hearing time, unless rare circumstances.

Except in extremely rare and compelling circumstances which are clearly and convincingly demonstrated by the motion, the Court will require the movant to deliver a file- stamped copy of the complaint, notice, motion, and any orders to the non-movant after receiving a hearing time.

CRITICAL

Service

Mail

Motions served by mail must be served no later than the fifth preceding court day.

or mailed no later than the fifth preceding court day

CRITICAL

In Consumer Debt Actions, the plaintiff must obtain service by the ERP Calendar Call Date (12 months from filing); if service is not obtained, the plaintiff must voluntarily dismiss the complaint without prejudice or it will be dismissed for want of prosecution.

"ERP Calendar Call Date" means the 12-month date automatically assigned by the Clerk of the Circuit Court at the time of filing of a Consumer Debt Action by which time the plaintiff must have obtained service of the Consumer Debt Action. If valid service has not been obtained by this date, the plaintiff must voluntarily dismiss the complaint without prejudice or the case will be dismissed for want of prosecution.

CRITICAL

Motions served personally, by email, or fax must be served by 4:00 PM on the second preceding court day.

Motions must be personally served, emailed, or faxed if appropriate, no later than 4:00pm on the second preceding court day

CRITICAL

The moving party must present proof of service on the opposing party for all motions, with various acceptable forms of proof.

On all motions, the moving party must present proof that they have served the motion on the opposing party. Such proof may include proof of service by Regular Mail (USPS Certificate of Mailing), Certified Mail with a printout of the USPS Tracking Receipt showing proof of delivery, special process server receipt, affidavit of service, attorneys Certificate of Service, etc., or otherwise provide proof of notice as set forth in Circuit Court Rule 2.1, or in compliance with section 5/1-109 of the Illinois Rules of Civil Procedure or the Illinois Supreme Court Rules.

CRITICALCivil cases

Service

Electronic service to opposing party

Notice of emergency motions must be given to opposing parties per circuit court rules.

Movant must give notice of the emergency motion to opposing parties according to the circuit court rules.

CRITICALCivil cases

Applies to

Motion

Timely notice of motion must be served on all parties who have filed appearances.

Timely notice of motion must be served on all parties who have filed appearances.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motions must include notice to all parties.

Emergency Motions with a proposed Order must be submitted via email (with notice to all parties) to Calendar B email account by 4:00 p.m. to be heard at 9:15 a.m. the next day.

CRITICAL

Applies to

Notice of motion

Service

Email to court

Parties should set contested motions in Calendar A for any Monday, Tuesday, or Wednesday at 9:00 AM, in person in Courtroom 2206, for status. Parties need not sign up for or spindle the date in advance, but rather send a notice of motion to all parties and email a copy to the court at the Calendar A email address above.

Parties should set contested motions in Calendar A for any Monday, Tuesday, or Wednesday at 9:00 AM, in person in Courtroom 2206, for status. Parties need not sign up for or spindle the date in advance, but rather send a notice of motion to all parties and email a copy to the court at the Calendar A email address above.

CRITICAL

Applies to

Motion

All routine motion documents must be served on all parties prior to entry of the order.

All documents for routine motions, including notices, motions, exhibits, affidavits, and orders, must be served on all parties prior to entry of the order.

CRITICALCivil cases

Applies to

Emergency motion

Service

Email to all parties

Emergency motions must be noticed to all parties via email by 4:00 p.m. the day before hearing.

Movants must provide proper notice to all parties, and at the very least do so via email by 4:00 p.m. the day before the motion is set to be heard.

CRITICALCivil cases

Routine/agreed motions must be served on all parties prior to entry of the order.

The motion must be served on all parties prior to entry of the order.

CRITICALCivil cases

Applies to

Motion

Motions must be served on all parties who have filed an appearance no less than 7 days prior to presentment.

Motions must be served on all parties who have filed an appearance and a courtesy copy delivered to the Judge’s chambers by emailing the courtesy copies to the assigned calendar’s dedicated email address no less than 7 days prior to presentment. If a motion attacks a pleading, the courtesy copy must include the pleading attacked.

CRITICALCivil cases

Applies to

Fcmc motion

Motions presented at FCMC require notice to opposing counsel and addition to the bench sheet by Monday 11:00am.

If you seek to present a motion at a FCMC, please provide notice to opposing counsel and add to the sheet on the bench on any Monday at 11:00 am.

CRITICALCivil cases

Deadline

12 hours

Applies to

Routine motion objection

Contested routine motions require notice to opposing counsel, submission of objection form to Courtroom 2201 at least 12 hours in advance, and spindling as a regular motion.

If you contest a routine motion, notify opposing counsel and contact the Court by bringing the routine Motion Objection form in Courtroom 2201 at least 12 hours in advance. In the event of an objection, you must spindle the routine motion as a regular motion.

CRITICALCivil cases

Emergency motions require proper notice to all parties.

Proper notice to all parties is required.

CRITICALCivil cases

All parties who have been served must receive notice of a motion for default, regardless of whether they have filed an appearance.

Motions for Default: All parties who have been served must be given notice of the motion for default, even if they have not filed an appearance.

CRITICALCivil cases

Service

Email

Notice of emergency motion hearings must be sent to all opposing parties via email with courtesy copies of relevant documents.

The movant must provide notice of the scheduled hearing on the emergency motion by emailing all opposing parties file-stamped courtesy copies of the complaint, motion, and notice of motion.

CRITICALCivil cases

Applies to

Routine motion

Service

Email to court

Motions should be emailed to Johan.Townsend@cookcountyil.gov and the draft order should be emailed to lawcal5orders@cookcountycourt.com at least two court days before the order will be entered by this Court.

Motions should be emailed to Johan.Townsend@cookcountyil.gov and the draft order should be emailed to lawcal5orders@cookcountycourt.com at least two court days before the order will be entered by this Court.

CRITICALCivil cases

Applies to

Trial materials

Trial materials must be delivered to pre-trial or to Chambers 3 days before trial; must include specified items, and separate submissions require good faith statement.

Trial materials - The parties' trial materials (listed below) must be brought to pre-trial. If no pre- trial is set, trial materials must be delivered to Chambers not less than three days before the trial date. Failure to comply with this requirement may result in dismissal, default or other appropriate order. The parties are strongly encouraged to submit joint or agreed trial materials to the extent possible. To the extent that separate trial materials are submitted, they must be accompanied by a statement detailing the good faith efforts of the parties to agree on a joint submission. - A joint statement of the matter at issue. - A list of witnesses. - Copies of exhibits to which there is no objection. - Exhibits subject to objection.

CRITICALCivil cases

Applies to

Default motion

Default motions require proof of notice, proof of service, and military affidavit.

Motions for default are no longer special routines. These motions must be put on the Regular Motion Call. If the judge continues said motion to a specific date, the proper paperwork must be sent with the date given by the judge. Proof of notice, proof of service, and military affidavit are required.

CRITICALCivil cases

All motions require service: 5 full days by mail (excluding Sundays/holidays), 3 days by hand delivery, 2 full days by fax (valid at 9 AM next business day).

Pursuant to Supreme Court Rule 12(c), (d), and (e), the service requirement for ALL motions is as follows: 5 FULL days by mail, NOT including Sundays or holidays; 3 days by hand delivery; and 2 FULL days by fax. Fax service is NOT valid until 9:00 AM the following business day.

CRITICALCivil cases

Applies to

Emergency motion

Emergency motion movants must give notice to opposing parties per circuit court rules.

The movant must have an appearance on file and must give notice of the emergency motion to opposing parties according to circuit court rules.

CRITICALCivil cases

Applies to

Pretrial memorandum

Service

Email

Pretrial memoranda must be emailed to chambers no later than 3 court days before settlement conference.

The submission must be in delivered by email to chambers no later than three (3) court days before the scheduled conference.

CRITICALCivil cases

Applies to

Default judgment order

Service

Mail

Movant must mail copy of default order to defaulted party upon granting.

If an order of default is granted, the movant must mail a copy of the order to the defaulted party.

CRITICALCivil cases

Applies to

Pretrial memorandum

Pretrial memoranda must be served on all parties unless court directs otherwise.

Unless the Court directs otherwise at the request of all parties, a copy of the submission must be served on all parties.

CRITICALCivil cases

Deadline

24 hours

Emergency motions must provide at least 24 hours' notice to appeared parties, unless exigent circumstances prevent it.

Emergency motions must provide at least 24 hours to other parties who have appeared, absent an exigent circumstance where such Notice cannot be provided.

CRITICALCivil cases

Applies to

Motion

Service

Email

Motions and orders must be emailed to court coordinator in PDF and Word formats by 12:00 PM noon on day of court appearance.

All Motions and Orders: Must be emailed to court coordinator Patricia Wisniewski at patricia.wisniewski@cookcountyil.gov in both PDF and Word formats a. All orders must be sent by 12:00 PM (noon) on the day of the party’s court appearance.

CRITICALCivil cases

Applies to

Proposed order

Service

Email to court

Parties must email a proposed order accompanying the filed motion and request for entry to the court.

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

CRITICALCivil cases

Applies to

Brief

Service

Email

Briefs scheduled for Clerk Status must be emailed in text-searchable PDF with bookmarks to court coordinator and law clerk.

Email copies of all briefs or provide an online link to the briefs scheduled for Clerk Status in text-searchable PDF format with bookmarks to: a. Court Coordinator: patricia.wisniewski@cookcountyil.gov b. Law Clerk: jessica.olson@cookcountyil.gov

CRITICALCivil cases

Applies to

Trial materials

Parties must exchange trial materials, exhibits, and demonstrative evidence at least 45 days before trial or by court-set date.

At least 45 days before trial, or other specific date set by the Court, the parties must confer and exchange the above materials as well as all their trial exhibits and demonstrative evidence.

CRITICAL

Service

Email to all parties

Trial materials must be served via email to chambers and opposing counsel.

The parties’ Trial Materials must be delivered via email to the chambers email of ccc.chancerycalendar3@cookcountyil.gov and the opposing counsel (or opposing Pro Se litigant) NO LESS THAN FOURTEEN (14) DAYS BEFORE THE PRE-TRIAL CONFERENCE.

CRITICAL

Remote appearance motions must be served with proper notice on opposing parties.

Requests to appear remotely shall be made either orally while appearing for court or by filing a written motion in at least two (2) days in advance of the next court date with proper notice of motion sent to the opposing parties.

CRITICALCivil cases

Deadline

24 hours

Applies to

Emergency motion

Emergency motions must provide at least 24 hours notice to all appeared parties, unless exigent circumstances prevent such notice.

Emergency motions must provide at least 24 hours to other parties who have appeared absent an exigent circumstance where such Notice cannot be provided.

CRITICALCivil cases

Applies to

Routine motion

Routine motions must be served on all parties of record 7 days before the scheduled hearing date.

send the motion to all parties of record seven days before the motion is set so that other parties may object.

CRITICAL

For emergency motions, notice must comply with Local Rule 2.2 and a copy of the motion must be presented to the Court on the day of filing.

Notice must comply with Local Rule 2.2; a copy of the motion must be presented to the Court the day of filing.

CRITICAL

Applies to

Motion

Motions must be served on all parties who have appeared.

Motions must be served on all parties who have appeared

CRITICALCivil cases

Applies to

Default judgment

Plaintiff must serve a proper written notice of motion and a motion for default judgment on the Defendant(s) and comply with the Court's standing order and checklist.

Plaintiff shall also serve a proper written notice of motion and motion for (4231) Default and judgment upon the Defendant(s) and otherwise comply with the (4215) Court’s standing order and checklist

CRITICALCivil cases

Applies to

Order

Service

Mail to opposing party

Plaintiff's counsel must mail a copy of this order to the Defendant(s) before the close of business on the date it is entered.

It is further ordered that the Plaintiff’s counsel shall mail a copy of this order To the aforesaid Defendant(s) before the close of business this date.

CRITICAL

Deadline

5 business days

Notices of motion must be served on all parties of record at least 5 business days before the scheduled hearing, or the motion may be stricken and must be re-noticed.

(k) Pursuant to local rule 2.l(c)(l), all notices of motion shall be served upon all parties of record no fewer than 5 business days prior to the scheduled hearing. Notices of motions served fewer than 5 business days prior to the scheduled hearing 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.

CRITICALCivil cases

Service

Mail to all parties

Plaintiff must send notice of the order to all defendants by U.S. Mail and any other reasonably calculated method within 3 days and retain evidence of mailing for court review.

Within three (3) days of entry of this order, Plaintiff must send notice of this order by U.S. Mail and any other method reasonably calculated to reach defendants to all defendants at: 1) the subject property address; 2) the address where any defendant was served with process; and 3) any other address where plaintiff reasonably believes defendant may receive notice. Plaintiff must maintain evidence of such mailing and other forms of notification for review by the Court upon request.

CRITICALCivil cases

Applies to

Complaint

At the prove-up hearing, plaintiff must provide proof of service of the complaint.

1. __ Proof of Service of Complaint

CRITICAL

The movant must serve notice of all matters scheduled for hearing on all parties of record.

The party requesting relief from the Court (the Movant) is required to send Notice of all matters scheduled to be heard by the Court to all parties of record.

CRITICAL

Service

Email to all parties

All parties who have appeared must be copied on courtesy-copy emails, or the motion may be stricken.

All parties who have filed an appearance must be copied on courtesy copies emails. Failure to copy parties who have filed an appearance and provided an email address may result in striking of the motion.

CRITICALCivil cases

Applies to

Notice of motion

Under Circuit Court Rule 2.1, notice of motion must be given to all parties who have appeared and have not been held in default, and to any party who has been served and whose time to appear has not expired on the date of notice.

Under Circuit Court Rule 2.1, notice of motion must be given to all parties who have appeared and have not been held in default, and to any party who has been served and whose time to appear has not expired on the date of notice.

CRITICALCivil cases

Applies to

Submission

All submissions must be served on every other party in the same manner and form as filed.

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

Notice and manner of service must comply with Supreme Court Rule 11 and Circuit Court Rule 2.

Notice and manner of service should comply with Supreme Court Rule 11 and Circuit Court Rule 2.

CRITICAL

Applies to

Witness list and exhibits

For the 2 p.m. trial/hearing call, witness lists and exhibits must be tendered to the parties, GAL, and Court one week before the trial, or the witnesses/exhibits will be excluded.

For all matters set for trial or hearing on the 2:00 p.m. call, a witness list and exhibits must be tendered to all parties, the GAL and the Court one (1) week prior to the commencement of the trial or those witnesses and exhibits will be excluded from the trial or hearing.

CRITICALCivil cases

Immediately after an emergency motion is scheduled, the movant must file proof of service on the opposing party with the Clerk.

Immediately after the Emergency Motion is scheduled, the Movant must file its proof of service upon the opposing party with the Clerk of the Circuit Court.

CRITICALCivil cases

Notice of the Non-Compliance Prove-Up motion must be provided to each defendant unless the compliance court date was set in the agreed order.

Notice of Motion for a Non-Compliance Prove-Up must be provided to each defendant unless the compliance court date was set forth in the agreed order.