23rd Judicial Circuit Court, DeKalb County, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- No Later Than 5 Days Before Scheduled Settlement Conference
Pretrial Memorandum
- No Later Than Five Days Before the Scheduled Settlement Conference
Pretrial Memorandum, Affidavit of Income and Expenses
- 1 copy • No Later Than 5 Days Before Scheduled Settlement Conference
Adjournments
- If an initial summons or citation to discover assets has not been served, the plaintiff or counsel must appear and submit an order continuing the matter to a date certain; an alias summons or citation may then issue.
- If initial process has not been served by its return, the plaintiff or counsel must appear and submit an order continuing the matter to a date certain; an alias summons or citation may then issue, and failure to appear may result in dismissal.
- Courts may reschedule court events, especially jury trials and large docket calls, or conduct proceedings remotely when feasible and constitutionally permitted.
- +45 more
Request must include
Communication
Other Contacts3 contacts
Chambers2 contacts
Clerk2 contacts
Page & Word Limits5 rules
C. No writing in support of or in opposition to a motion will exceed ten (10) pages in length except by prior leave of court.
- Page limit
- Up to 10 pages
Exception
More pages with leave of court
No writing in support of or in opposition to a motion will exceed ten (10) pages in length except by prior leave of court.
- Page limit
- Up to 10 pages
- Supporting writing
- Opposition writing
Exception
More pages with leave of court
No writing in support of or in opposition to a motion will exceed ten (10) pages in length except by prior leave of court.
- Page limit
- Up to 10 pages
Exception
More pages with leave of court
The essay must be 1-3 pages in length.
- Essay
- Up to 3 pages
Each entry must be 1 page in length.
- Page limit
- Up to 1 page
Document Format Requirements119 rules
Nor shall any light or other display be detectable to participants to Indicate when any equipment is In operation.
No more than two news media representatives may take photos during a court proceeding.
Microphones for use of counsel and judges shall be equipped with power switches.
Microphones, wiring, and audio recording equipment shall be of adequate technical quality to prevent interference with courtroom amplification systems or electronic recording systems.
All equipment used by media personnel in the courtroom during court proceedings must operate quietly and without drawing attention, so as not to disrupt or distract from the proceedings.
No auxiliary lighting of any kind shall be used in the courtroom.
Formatting
- •No auxiliary lighting of any kind may be used in the courtroom
It is the media coordinator's responsibility to set up pooling arrangements that follow the judge's order for the proceeding.
No more than one livestream of court proceedings, with designated personnel to operate it, shall be permitted.
No more than one audio system, with designated personnel to operate it, shall be permitted.
No more than two news media representatives may perform video recording during a court proceeding.
Except as provided for in Supreme Court Rule 604, as amended, the electronic recording of any official proceeding shall be disseminated by written transcript only.
All transcript requests shall be made in writing and submitted to the court reporter supervisor or court reporting services employee.
All transcripts shall be prepared in accordance with the applicable statutory authority and current edition of the Administrative Regulations for Court Reporting Services in the Illinois Courts manual.
If the appearance is not e-filed, the SRL must sign the appearance, and the SRL’s signature must be acknowledged before a notary public or other person authorized to administer oaths under Illinois law.
Standardized forms approved by the Illinois Supreme Court Commission on Access to Justice shall be used as provided in Supreme Court Rule 10-101.
The eontents, Bnd f-ormetting, ineluding the number of earbonless eopies, if eny, of pre-printed f-orms must be Bpproved by the Presiding Judge prior to use.
All new designs, revisions, and modifications to county-specific forms shall be forwarded to the Clerk of the Circuit Court prior to approval by the Presiding Judge.
The contents, and formatting, including the number of carbonless copies, if any, of county-specific pre-printed forms must be approved by the Presiding Judge prior to use.
All nevv designs, re·visions, Bnd modifieetiol"ls to f-orms shell be f-orvverded to the Clerk of the Circuit Court prior to epproval by the Presiding Judge.
All documents sought to be admitted into the official record shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound and not a continuous form.
- Paper size
- Letter
- Document
The contents, and formatting, including the number of carbonless copies, if any, of pre-printed forms must be approved by the Presiding Judge prior to use.
Signatures and dates shall be in black or blue ink or in an electronic format approved by the Supreme Court.
Documents shall be legibly printed in permanent black or blue ink, by hand, type or computer generated.
Documents to be filed shall not contain staples.
All exhibits attached to motions, petitions or the like shall conform to the 8.5-inch by 11-inch standard.
- Paper size
- Letter
- Exhibit
Documents shall be a minimum of 12 point type. The font shall be a plain or block type.
- Font size
- At least 12 points
Formatting
- •The font must be a plain or block type
Documents must use white paper weighing at least 20 pounds, have margins of at least one inch on every side, and leave margins free of handwritten changes or continuations.
- Margins
- At least 1 inch
Court's wording
Documents shall be on white paper of not less than 20 pound weight and shall have a margin of at least one inch on the top, the bottom and each side. Margins shall not be used for any handwritten modifications or continuation to the document.
The first page of the document shall contain a blank space, measuring 2.5 inches by 2 inches, incorporated within the right side of the header area.
Documents must be submitted as PDFs and, when possible, converted directly from the program that created them; paper-only documents may be scanned.
- File type
- Electronically filed document
Court's wording
Documents must be submitted in PDF format. When possible, documents must be converted to PDF directly from the program creating the document, rather than from the scanned image of a paper document. Documents only available in paper format may be scanned and converted to PDF for electronic filing.
Any electronically filed document must be unalterable (sealed PDF), and be able to be printed with the same contents and formats as if printed from its authoring program.
- File type
- Electronically filed document
Documents must use at least 12-point body text and 10-point footnotes, letter-size pages, minimum one-inch margins, and a blank two-inch-square top-right corner on the first page of each pleading.
- Margins
- At least 1 inch
- Paper size
- Letter
- Electronically filed document
Court's wording
The size of the type in the body of the text must be no less than 12 point font, and footnotes no less than 10 point font; b. The size of the pages must be 8 ½ by 11 inches; c. The margins on each side of the page must each be a minimum of 1 inch; d. The top right 2 inch by 2 inch corner of the first page of each pleading shall be left blank for the Clerk’s stamp.
Requests shall be made in writing on forms provided by the Court.
Formatting
- •Requests must be made in writing on forms provided by the Court
Document Filing Requirements405 rules
Pursuant to the directives and orders from the Illinois Supreme Court, effective August 2, 2021 and until further order of the Court the attached forms shall be made a part of all summons issued in all residential eviction proceedings.
I am requesting (check the box for any accommodations you are requesting. If you select “something else” you must list additional information about the request):
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the aequesl
During the trial of any criminal or civil trial with an approved request for extended media coverage the judge shall instruct the jury with admonishments set forth in the Supreme Court•s Policy on Extended Media, as amended from time to time.
4. Proper notice has been given to the court media liaison, all counsel of record, and parties appearing without counsel.
8. Attach a sheet that tells about the most important thing you have learned during Phase 3.
ATTACH: Relapse Prevention Plan
ATTACH: Relapse Prevention Plan and Financial Obligations Sheet
8. Attach a sheet that tells about the most important thing you have learned during Phase I.
5. I have completed by relapse prevention plan, which is attached to this document. I have reviewed this plan with my treatment provider _____________________________, and DeKalb County Drug Court staff.
4. I am participating in a sober network which has been verified by DeKalb County Drug Court staff and includes this type of sponsor/mentor: _______________________________________________________________
2. I have completed my initial treatment at ______________________________ and have made a successful transition into the next level of care at _________ ________________________.
3. I am currently in compliance with all of the requirements of my current level of care, including ____________________________________________
7. I have established a payment plan towards my court costs and restitution (if applicable) and treatment (if applicable) and will begin payments of $ _______ per month on __________________________ (date).
Signed by defendant __________________________ Drug Court Officers __________________________ Date signed _________________________________
1. My sobriety date is ________________, I have maintained 3 months sobriety.
If applicable, the petition must describe the petitioner's employment, school enrollment, or other vocational training.
Court's wording
6. If appropriate, I am involved in employment, or enrollment in school or other vocational training described below: _______________________________________________________________ _______________________________________________________________
The attorney shall also include his or her attorney registration number issued by the Illinois Attorney Registration and Disciplinary Commission.
The first pleading and/or appearance and all subsequent papers and orders shall contain the name, address, and telephone number of the attorney, or self-represented litigant filing said paper.
Counsel shall file an appropriate proof of notice.
Every written appearance must contain the attorney’s legible name, address, telephone number and e-mail address.
An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.
Every appearance must contain the SRL’s legible name, address, telephone number, and, if required e-mail address.
An attorney for a party shall file a written appearance pursuant to Supreme Court Rule 13 (a)&(c) before the attorney addresses the Court.
If the appearance contains a waiver of notice or consent to immediate hearing, the SRL shall set forth in the appearance that the SRL has received a copy of that pleading prior to the appearance.
A civil fee-waiver application must be written on the Illinois Supreme Court form and signed by the applicant or, in specified cases, a person with knowledge of the facts.
Court's wording
An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.
Attorneys and/or self-represented litigants shall submit an order as directed by the Judge presiding by 3:00 pm on the day of the hearing, failure to do so may result in revocation of future remote appearances in that case.
ATTACH: Relapse Prevention Plan
Include
- •Attach a Relapse Prevention Plan
8. Attach a sheet that tells about the most important thing you have learned during Phase 2.
The petition asks the defendant to provide the listed sobriety, treatment, compliance, support-network, relapse-prevention, employment or education, and payment information.
Court's wording
for the following reasons: 1. My sobriety date is ________________, I have maintained 6 months sobriety. 2. I have completed all formal treatment at _____________________________ and have made a successful transition into aftercare at _________ ________________________. 3. I am currently in compliance with all of the requirements of my current level of care, including ____________________________________________ 4. I am participating in a sober network which has been verified by DeKalb County Drug Court staff and includes this type of sponsor/mentor: _______________________________________________________________ 5. I have revised my relapse prevention plan, which is attached to this document. I have reviewed this plan with my treatment provider ___________________, and DeKalb County Drug Court staff. 6. I am involved in employment, or enrollment in school or other vocational training described below: _______________________________________________________________ _______________________________________________________________ 7. I have begun and am current in my payments towards court costs and restitution (if applicable) of $ _______ per month and will have all of my financial obligations paid in full on _______________________ (date).
Signed by defendant __________________________ Drug Court Officers __________________________ Date signed _________________________________
and shall enter into the record a certificate of delivery of the same.
Settlement documents must include the Judgment, Marital Settlement Agreement, applicable Allocation Judgment and Parenting Plan, a copy of the Certificate of Dissolution, and signed affidavits from each party.
Court's wording
Settlement documents shall include: 1. the Judgment 2. Marital Settlement Agreement, which should include whether child support and/or maintenance amounts are calculated pursuant to statute, and the numbers used in such calculation, and/or specify any basis for deviation, waiver, or reservation of the same. Disproportionate distribution of marital property (assets and liabilities), if any, should also be explained. 3. Allocation Judgment and Parenting Plan (if applicable) 4. copy of the Certificate of Dissolution (half/sheet) and 5. signed affidavits from each party clearly stating that that each party:
Filing & Service rules
Electronic Filing Rules
When the courthouse is closed under this Order, court reporters must electronically file a copy of each hearing transcript in the case file.
The court reporter(s) shall transcribe each hearing/case within forty-eight (48) hours of the hearing and file a copy of the transcript, electronically, into each case file.
Criminal cases
Page 1 | Emergency Closures
Proof of insurance with the submitter’s name and ticket number may be submitted by email or fax from March 18 through August 31, 2020.
Proof of insurance, with name and ticket number, may be submitted by email to: www.dekalbcircuitclerk@dekalbcounty.org or by fax to 815-895-7140, beginning March 18, 2020 through August 31, 2020.
Page 1 | SECOND AMENDED ADMINISTRATIVE ORDER 20-01
A civil fee-waiver application must be e-filed unless the Court excuses e-filing.
An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.
Page 33 | Application for Waiver of Fees
Proof of insurance may be submitted by email or fax.
Proof of insurance, with name and ticket number, may be submitted by email to : www.dekalbcircuitclerk@dekalbcounty.org or by fax to 815-895-7140, beginning March 18, 2020 through April 17, 2020.
Page 1 | Administrative Order 20-01
Persons exempt from e-filing may file fee-waiver applications by U.S. Mail, commercial carrier, or in person, and the Clerk must provide the forms.
A. Forms of Application for \\'aiver of Court Fees by persons who are e:xempt from e•filing under Supreme Court Rule 9(c) may be f-iled by U.S. Mail, third· party commercial carrier, in person, as provided in Supreme Court Rule 298, shall be provided by the Clerk of Cour1.
Page 7 | 2.40 APPLICATION FOR WAIVER OF COURT FEES
A civil fee-waiver application must be e-filed unless the Court excuses e-filing.
An Application for Waiver of Court Fees in a civil action shall be in writing, on the form adopted by the Illinois Supreme Court, and signed by the applicant or, in the case of a minor or an incompetent adult, by another person having knowledge of the facts, and shall be e-filed in accordance with the Rules, unless e-filing is excused by the Court.
Page 2 | 1. Appearances — E. Application for Waiver of Fees
Wills and other testamentary documents, exhibits, and documents filed directly with the judge, such as proposed orders, are not accepted for electronic filing.
Wills or other testamentary documents, exhibits, or documents that are filed directly with the judge (e.g. proposed orders) shall not be accepted for filing electronically.
Page 7 | 2.65 E-FILING
Electronic filing is authorized for civil and criminal cases, except wills, sealed cases, and impounded cases.
This Court hereby authorizes all civil and criminal cases with the exception of WI (Wills), sealed and impounded cases as permissible electronic filing case types.
Page 7 | 2.65 E-FILING
The Clerk of the Court must reject any unapproved document type submitted electronically by a Subscriber.
Any unapproved document type filed electronically by a Subscriber shall be rejected by the Clerk of the Court.
Page 8 | 2.65 E-FILING
Conventional filing must remain available, and the e-filing program must not prevent filing a valid pleading with the Clerk.
The Clerk shall allow the filing of a document or pleading using the conventional manner of filing. At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk.
Page 9 | 2.65 E-FILING
The Clerk must accept and approve electronic filings submitted through a vendor or the Clerk’s workstation.
The Clerk shall accept and approve filings electronically through a vendor or through the Clerk’s computer workstation.
Page 9 | 2.65 E-FILING
Users must register with both the Clerk of Court and the authorized e-filing vendor before electronically filing any document.
Prior to filing any document electronically, users are required to register with the Clerk of Court and the Court’s authorized e-filing vendor.
Page 10 | 2.65 E-FILING
Items unsuitable for electronic filing, including sealed documents and physical exhibits that cannot be adequately imaged, must be filed physically at the Clerk’s Office or courtroom as directed by court order.
Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s Office or in the Courtroom, as directed by order of the court and in conformity with Supreme Court “Electronic Filing Standards and Principles.”
Page 11 | E. Filing of exhibits
All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk’s office for filing.
All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk’s office for filing.
Page 12 | G. Privacy Issues
The motion for leave to file under seal must be filed electronically when the party has a legal basis to file under seal without a prior court order.
A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.
Page 12 | G. Privacy Issues
Bulk filings combining multiple cases or multiple documents into one PDF will not be accepted in civil or criminal cases.
Bulk filings of multiple cases or multiple documents combined into one PDF document in civil or criminal case types shall not be accepted.
Page 14 | H. Format of documents
Documents bearing different civil or criminal case numbers must be filed individually in separate transactions.
Documents with different civil or criminal case numbers must be filed individually in separate transactions.
Page 14 | H. Format of documents
Documents with signatures of multiple persons or third parties may be electronically filed with facsimile or typographical signatures, and the filing party or attorney must confirm approval from required nonparty or nonregistered signatories.
Documents containing signatures of one or more persons or third parties may be filed electronically and shall bear a facsimile or typographical signature. The filing party or attorney must confirm approval of all persons not a party to the case or non-registered persons (including paralegals or other persons authorized to act on behalf of a registered user) required to sign the document.
Page 16 | I. Signatures and authentication
Before filing, original signatures must be obtained from all non-electronic filers, and the document must identify each non-registered signatory.
Original signatures of all non-electronic filers must be obtained before filing the document. The document must indicate the identity of each non-registered signatory.
Page 16 | I. Signatures and authentication
The Circuit Clerk must capture and maintain judges’ and other necessary electronic signatures, protect them with internal security measures, and use security tokens and encrypted passwords to authenticate their use.
All judges’ and other necessary electronic signatures shall be captured and maintained by the Circuit Clerk. Each signature shall be protected by internal system security measures and use security tokens and encrypted passwords to authenticate the use of the e-signature.
Page 16 | I. Signatures and authentication
The Clerk accepts and approves electronic filings through a vendor or the Clerk's computer workstation.
The Clerk shall accept and approve filings electronically through a vendor or through the Clerk's computer workstation.
Page 20 | 2.65 E-FILING; C. Authorized users
Filing Timing and Cure Windows
Requests for extended media coverage must be filed with the circuit clerk as soon as practicable and at least 7 days before the proceeding, unless shorter notice is prescribed or the proceeding was not scheduled that far in advance.
All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance In a criminal proceeding or a temporary restraining order in a civil proceeding).
Page 7 | D. Procedural, 2. Requests
A party objection should be filed within 3 days after receiving notice, unless the court prescribes a different timeframe.
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the aequesl Objections may be made outside the 3-day window as the court prescribes.
Page 8 | D. Procedural, 4. Objections, a. Party Objections
A witness may object in writing or orally before testifying and as soon as practicable.
Witnesses may file a written objection or make an oral objection to extended media coverage prior to testifying and as soon as practicable.
Page 8 | D. Procedural, 4. Objections, b. Witness Objections
A party's objection must be filed within three days after receiving notice of the media-coverage request.
3. This objection is filed w ithin three (3) days of receiving notice of the request for extended media coverage.
Page 13 | Objection of Party to Request for Extended Media Coverage
A witness's objection must be filed with the Clerk before the witness's testimony begins.
4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.
Page 14 | Objection of Witness to Request for Extended Media Coverage of Testimony
When the courthouse is closed under this Order, court reporters must transcribe each hearing within 48 hours and electronically file the transcript in the case file.
The court reporter(s) shall transcribe each hearing/case within forty-eight (48) hours of the hearing and file a copy of the transcript, electronically, into each case file.
Criminal cases
Page 1 | Emergency Closures
Hearings and pleading-filing deadlines scheduled for a courthouse-closure day are extended to the next business day the court is in session.
Matters scheduled to be heard on days the courthouse is closed along with deadlines for the filing of pleadings falling on days the courthouse is closed shall be extended to the next business day court is in session.
Page 8 | 1.55 PLACE AND HOURS OF HOLDING COURT, C
Requests for extended media coverage must be filed at least 14 days before the proceeding.
Requests for extended media coverage shall be filed with the Clerk of the Circuit Court at least fourteen (14) days before the proceeding for which extended media coverage is sought.
Page 13 | Request for Media Coverage
A witness's objection must be filed before the proceeding begins.
All objections by witnesses shall be filed prior to the commencement of the proceeding.
Page 14 | Objections by Witnesses
A party objecting to extended media coverage must file a written objection stating its reasons at least 3 days before the proceeding begins.
At least three (3) days before the commencement of the proceeding, a party objecting to extended media coverage shall file a written objection stating the reasons for objecting to extended media coverage.
Page 14 | Objections by Parties
A party who appears without service of summons must plead within the time that would apply if summons had been served on the appearance date, under Supreme Court Rule 13(b).
A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he or she appears pursuant to Supreme Court Rule 13(b).
Page 32 | 1.90 REMOTE APPEARANCES AND PROCEDURES
The required order is due by 3:00 p.m. on the hearing day; failure to submit it may result in revocation of future remote appearances in the case.
Attorneys and/or self-represented litigants shall submit an order as directed by the Judge presiding by 3:00 pm on the day of the hearing, failure to do so may result in revocation of future remote appearances in that case.
Page 38 | F. How to request a remote proceeding
Proof of insurance may be submitted from March 18, 2020, through April 17, 2020.
Proof of insurance, with name and ticket number, may be submitted by email to : www.dekalbcircuitclerk@dekalbcounty.org or by fax to 815-895-7140, beginning March 18, 2020 through April 17, 2020.
Page 1 | Administrative Order 20-01
A self-represented litigant must file a written appearance before participating in any hearing.
An SRL shall file a written appearance, by pleading or otherwise, before participating in any hearing before the Court.
Page 1 | 1. Appearances — B. Written Appearance by Self-Represented Litigants (SRL)
An attorney must file a written appearance before addressing the Court.
An attorney for a party shall file a written appearance pursuant to Supreme Court Rule 13 (a)&(c) before the attorney addresses the Court.
Page 1 | 1. Appearances — A. Written Appearance by Attorneys
A party who appears without service of summons must plead within the time that would apply if summons had been served on the appearance date.
A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he or she appears pursuant to Supreme Court Rule l 3(b).
Page 1 | 1. Appearances — C. Time to Plead
The directed order must be submitted by 3:00 p.m. on the day of the hearing; failure to do so may result in revocation of future remote appearances in the case.
Attorneys and/or self-represented litigants shall submit an order as directed by the Judge presiding by 3:00 pm on the day of the hearing, failure to do so may result in revocation of future remote appearances in that case.
Page 5 | 6. How to request a remote proceeding
The order must be submitted within two business days of the ruling, decision, or grant of a motion.
Upon the Court making a ruling, decision or granting a motion(s), the prevailing party or his, her or it's attorney shall submit, within two (2) business days of the ruling, decision and/or the granting of a motion(s), an order in conformity with the Court's ruling, decision and/or granting of a motion(s).
Page 1 | Submittal of Orders After Rulings and/or Decisions by the Court
The e-filing vendor must make each non-virus-infected document available for transmission to the Clerk immediately after successful receipt and virus checking.
The e-filing vendor is required to make each electronically filed document that is not infected by a virus available for transmission to the Clerk immediately after successful receipt and virus checking of the document.
Page 14 | H. Format of documents
The transmission date and time govern the electronic filing mark; pleadings received before midnight on an open courthouse day are deemed filed that day, while filings on a closed day are deemed filed the next business day.
The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the courthouse is open shall be deemed filed that day. If filed on a day the courthouse is not open for business, the document will be deemed filed the next business day.
Page 17 | J. Time of filing, acceptance by the clerk and electronic filing stamp
A witness objecting to the request must file a written objection before the proceeding begins.
any witness objecting must file a written objection before the commencement of the proceeding.
Page 121 | Appendix: Forms
Service and Proof of Service Rules
The forms must be served with the summons and complaint in the manner prescribed by the Illinois Code of Civil Procedure.
Said forms shall be served along with the summons and complaint in like manner as set forth in the Illinois Code of Civil Procedure.
Civil cases
Page 1 | Administrative Order 21-07
When filing a request for extended media coverage, the media requestor must notify the court media liaison, counsel of record, and unrepresented parties.
At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 7 | D. Procedural, 3. Notice of Request
When filing a written objection, the objector must notify the requester, court media liaison, counsel of record, and unrepresented parties at the same time.
At the same time a written objection is filed, the objector shall provide notice of the objection to the requester, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 8 | D. Procedural, 5. Notice of Objections
Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or granting of extended media coverage.
Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.
Page 8 | D. Procedural, 4. Objections, b. Witness Objections
The clerk must send the Form 2 notice and request to the listed recipients by the close of business the following day, using the stated service methods unless the Chief Judge orders an alternative method for specified recipients.
Using Form 2, in the Appendix, the Clerk of the Circuit Court shall send written notice and a copy of the Request for Media Coverage to the following persons: a. Attorneys of record; b. Parties appearing without counsel; c. The Court Media Liaison; d. The Judge; e. The Presiding Judge of the County in which the case pends; and f. The Chief Judge. No later than the close of business on the day following the filing of the Request, a copy of the Notice and Request shall be sent by first class mail or facsimile transmission or delivered by personal service. The Chief Judge may order alternative means of service, such as electronic mail, for the recipients named in subparagraphs d- f above.
Page 13 | Notice of Request
The clerk must send each objection to the listed recipients and the Media Coordinator by the close of business the following day, using the service methods stated for the request notice.
The Clerk of the Circuit Court shall provide a copy of any objection filed to the persons listed in subparagraph 2 and to the Media Coordinator. The copy shall be provided using the means listed in subparagraph 2 no later than the close of business on the day following the filing of the objection.
Page 14 | Notice of Objections
Counsel proposing to introduce a witness's testimony must notify that witness of the right to object using Form #2A or a substantially similar form and file proof of notice.
All witnesses shall be notified by counsel proposing to introduce their testimony of their right to object to extended media coverage, by using Form #2A, in the Appendix, or a substantially similar form. Counsel shall file an appropriate proof of notice.
Page 14 | Objections by Witnesses
The attorney must serve copies of the written appearance in the manner required for serving pleadings.
The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.
Page 31 | 1.90 REMOTE APPEARANCES AND PROCEDURES
A self-represented litigant must serve copies of the appearance in the manner required for serving pleadings.
The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.
Page 32 | 1.90 REMOTE APPEARANCES AND PROCEDURES
A request to appear remotely for an in-person proceeding requires advance court approval and notice to the other party at least three business days before the proceeding; the other party may object in writing, and the Court decides whether to grant the request.
Parties who wish to appear remotely for a future court appearance where the proceeding is otherwise scheduled to be in-person shall be entitled to do so only upon advance approval of the court. Notice of this request shall be provided to the other party or attorney of record at least three business days prior to the court proceeding. The other party or attorney may make written objection to the request. It is within the discretion of the Court whether to grant any request where an in-person appearance is otherwise required.
Page 37 | F. How to request a remote proceeding
A self-represented litigant must serve copies of the appearance as required for service of pleadings.
The SRL shall serve copies of his or her appearance in the manner required for the service of pleadings.
Page 1 | 1. Appearances — B. Written Appearance by Self-Represented Litigants (SRL)
An attorney must serve copies of the written appearance as required for service of pleadings.
The attorney shall serve copies of the written appearance in the manner required for the service of pleadings.
Page 1 | 1. Appearances — A. Written Appearance by Attorneys
Notice of the remote-appearance request must be provided to the other party or their attorney at least three business days before the proceeding.
Notice of this request shall be provided to the other party or attorney ofrecord at least three business days prior to the court proceeding.
Page 5 | 6. How to request a remote proceeding
In electronically filed cases, documents requiring personal service to confer jurisdiction may not be served through an e-file vendor and must be served conventionally.
Electronic service is not capable of conferring jurisdiction. Therefore, regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.
Page 18 | K. Electronic service and filing proof of service
The e-filing vendor must maintain an e-service list for each e-filed case.
The e-filing vendor is required to maintain an e-service list for each e-filed case.
Page 19 | 2.65 E-FILING
The vendor must immediately update the service list after receiving notice of new contact information.
The vendor shall immediately update the service list upon being given notice of new contact information.
Page 19 | 2.65 E-FILING
The e-filing vendor must use the most current e-service list whenever its system serves a document on other parties.
Whenever a document is submitted for service upon other parties by the e- filing vendor’s system, the e-filing vendor shall use the most current e-service list to perform service.
Page 19 | 2.65 E-FILING
If a party or its designee has not subscribed to a vendor’s services, all other documents must be served under Supreme Court Rule 12.
If a party or party’s designee has not subscribed to a vendor’s services, service of all other documents shall be pursuant to Supreme Court Rule 12.
Page 19 | 2.65 E-FILING
Electronic service is completed on the first court day after transmission and is valid service on all parties with the same legal effect as personal service.
Service of an e-document shall be deemed completed on the first court day following electronic transmission to the recipient by the efile vendor, attorney, or party.. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.
Page 19 | 2.65 E-FILING
Notice of the request must be provided to the applicable listed recipients: counsel of record, parties appearing without counsel, and the Court Media Liaison.
Notice of this request needs to be provided to: Counsel of record Parties appearing without counsel: The Court Media Liaison:
Page 2 | Request for Extended Media Coverage
Notice of the objection must be provided to all counsel of record, unrepresented parties, the Media Coordinator, and the Court Media Liaison.
4. Notice of this objection needs to be provided to all counsel of record, parties appearing without counsel, the Media Coordinator and the Court Media Liaison.
Page 60 | OBJECTION OF PARTY TO EXTENDED MEDIA COVERAGE OF TESTIMONY
Filing Fees and Waivers
The appearance fee must be paid when the appearance is filed.
The appearance fee shall be paid when the appearance is filed.
Page 32 | 1.90 REMOTE APPEARANCES AND PROCEDURES
One appearance filed for several parties incurs one appearance fee; separate appearances for several parties each incur a separate fee, whether filed by the same or different attorneys.
If a single appearance is filed for several parties, a single appearance fee shall be paid. If separate appearances are entered for several parties, either by the same or different attorneys, a separate appearance fee shall be paid.
Page 32 | 1.90 REMOTE APPEARANCES AND PROCEDURES
Qualified litigants in civil actions may obtain a waiver of the listed court fees upon proper application and court order.
WHEREAS, pursuant to Illinois Supreme Court Rule ~98 and 735 ILCS 5/5-105, qualified litigants in a civil action may waive court fees upon proper application and order of the court; WHEREAS, included in said court fees are: filing, service of process, publication, mediation, guardian ad litem, or any other court ordered fees listed in 735 ILS5/5-105(a)(2)(1);
Civil cases
Page 1 | Administrative Order 21-03
After the required fee-waiver orders and remittance from the publication entity, the Circuit Clerk must pay publication charges.
IT IS HEREBY ORDERED that upon an Order for Waiver of Court Fees and an order entered by the judge assigned to the civil cause of action; the DeKalb County Circuit Clerk shall pay publication charges upon remittance from publication entity.
Civil cases
Page 1 | Administrative Order 21-03
A single appearance filed for several parties requires one appearance fee.
If a single appearance is filed for several parties, a single appearance fee shall be paid.
Page 1 | 1. Appearances — D. Appearance Fees — 1. Number of Fees
Separate appearances for several parties require a separate appearance fee for each appearance, whether entered by the same or different attorneys.
If separate appearances are entered for several parties, either by the same or different attorneys, a separate appearance fee shall be paid.
Page 1 | 1. Appearances — D. Appearance Fees — 1. Number of Fees
The appearance fee must be paid when the appearance is filed.
The appearance fee shall be paid when the appearance is filed.
Page 2 | 1. Appearances — D. Appearance Fees — 3. Time of Payment
The applicable fee must be paid to the circuit clerk before a wedding may commence or proceed.
No wedding(s) shall commence nor proceed without the payment of the then applicable fee being paid to the circuit clerk.
Page 1 | Administrative Order 21-09
For each deposit, the vendor must electronically provide the Clerk an itemization identifying the case number, transaction type, and party billed.
The vendor shall electronically provide the Clerk a detailed itemization of the fees so deposited, including case number, type of transaction and party being billed for the payment for each deposit.
Page 20 | 2.65 E-FILING
At the end of each business day, the vendor must electronically deposit with the Clerk all statutory filing fees required for that day’s electronic filings.
At the end of each business day, the vendor shall transfer by electronic deposit to the Clerk’s bank account all statutory filing fees required for that day’s electronic filings.
Page 20 | 2.65 E-FILING
All subscribers must keep a valid credit card on file with the e-filing vendor to pay statutory filing fees.
All Subscribers shall maintain a valid credit card on file with the e-filing Vendor for the payment of statutory filing fees.
Page 20 | 2.65 E-FILING
The vendor must collect required filing fees from subscribers through direct billing, unless the fee has been waived by court order or law.
The vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless payment of the fee has been waived by court order or law.
Page 20 | 2.65 E-FILING
When an electronic filing includes a fee-waiver request by petition for indigence, payment of the requisite fees is stayed until the court rules on the petition.
When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 21 | 2.65 E-FILING
The e-filing vendor may not charge government users or parties the Court deems indigent.
the e- filing vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.
Page 23 | 2.65 E-FILING
A court-fee waiver order must be entered by the judge assigned to the civil action.
23rd Circuit Judicial Administrative Order 21-03 – Order for Waiver of Court Fees and an order entered by the judge assigned to the civil cause of action;
Page 1 | Administrative Orders
The Circuit Clerk must pay publication charges upon receiving the remittance from the publication entity.
the DeKalb County Circuit Clerk shall pay publication charges upon remittance from publication entity.
Page 1 | Administrative Orders
A transcript will not be produced until its fee is paid unless the judge previously waived the fee based on a finding of indigency.
No transcript will be produced until the transcript fee is paid, unless previously waived by the judge, pursuant to a finding of indigency.
Civil cases
Page 6 | 6.30 PROVE-UPS
Court reporter fees must be paid in full at the hearing unless the judge waives them; the attorney for the party seeking dissolution is responsible for arranging payment, and prompt-payment failures may result in sanctions.
Court reporter fees shall be paid in full at the time of hearing, unless waived by the judge. An arrangement for the payment of said fees is the responsibility of the attorney representing the party seeking dissolution. Failure to make prompt payment may result in sanctions against said attorney or party.
Civil cases
Page 6 | 6.30 PROVE-UPS
A reinstatement fee is required but may be waived by the judge upon a showing of good cause.
Reinstatement of a Petition for Dissolution of Marriage may be had within one (1) year from the date of dismissal, if the petitioner files an appropriate notice and motion and pays the required reinstatement fee. The reinstatement fee may be waived by the judge upon a showing of good cause.
Civil cases
Page 10 | 6.35 REINSTATEMENT
A defendant seeking an interstate compact transfer of adult probation must pay a $125 transfer fee to the Circuit Court Clerk before the transfer can be granted.
In addition, the defendant shall pay to the court a $125.00 transfer fee before the transfer can be granted. B. Said fee payment shall be to the Circuit Court Clerk who shall then place the fee in the Kendall County or DeKalb County General Fund via the Interstate Compact fee line item, if one exists.
Criminal cases
Page 123 | 8.45 INTERSTATE COMPACT TRANSFER OF ADULT PROBATION
Courtesy Copy Requirements
The State and Defense must email courtesy copies of all petitions and motions to the presiding judge at least one hour before the pretrial release call.
Courtesy copies of all Petitions/Motions filed by the State or the Defense shall be provided to the judge presiding by email at least one hour prior to the pretrial release call.
Criminal cases
Page 1 | PRETRIAL RELEASE HEARINGS
A courtesy copy must be sent to the assigned judge no later than five days before the scheduled settlement conference.
and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.
Civil cases
Page 13
A courtesy copy of the pretrial memorandum and current Affidavit of Income and Expenses must be sent to the assigned judge no later than five days before the settlement conference.
The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing counsel, or party, and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.
Page 41 | 6.50 PRETRIAL/ SETTLEMENT CONFERENCES
A courtesy copy of the pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, must be sent to the assigned judge no later than five days before the settlement conference.
The pretrial memorandum, supplemented by a current Affidavit of Income and Expenses, as required by Section 6.25 shall be served upon opposing counsel, or party, and a courtesy copy sent to the assigned judge, no later than five (5) days prior to the scheduled settlement conference.
Page 90 | 6.50 PRETRIAU SETTLEMENT CONFERENCES
Sealing & Redaction Procedures
Pretrial Service Reports must remain impounded until further order of the Court.
All Pretrial Service Reports shall be impounded and shall remain impounded until further Order of this Court.
Criminal cases
Page 1 | Pretrial Service Reports
The filing party or counsel must ensure that electronically filed documents do not disclose impounded or sealed information or personal identity information covered by Supreme Court Rules 15 and 138.
It is the responsibility of the filing party or counsel to insure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or personal identity information defined in Supreme Court Rules 15 and 138.
Page 12 | G. Privacy Issues
A party with a legal basis to file under seal without a prior court order must electronically file a motion for leave to file under seal.
A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.
Page 12 | G. Privacy Issues
Parties and counsel must omit personal identity information covered by Supreme Court Rules 15 and 138 or redact it when inclusion is necessary.
Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the personal identity information referenced in Supreme Court Rules 15 and 138. The filing of all documents shall be in accordance with Supreme Court Rules 15 and 138.
Page 13
Grand Jury subpoena documents must remain impounded by court order, but the State's Attorney may review them on behalf of the Grand Jury without seeking leave of Court.
Pursuant to 725 ILCS 112-6 (Secrecy of Proceedings), these items shall remain impounded by Order of Court. The State's Attorney shall be allowed access to review these impounded Grand Jury subpoena documents on behalf of the Grand Jury without seeking leave of Court.
Criminal cases
Page 1 | Administrative Order 21-4
A written Guardian ad Litem report must be impounded by the Circuit Clerk and kept unavailable for public viewing.
If the Guardian ad Litem submits a written report, it shall be impounded by the Circuit Clerk and shall not be open to viewing by the public.
Civil cases
Page 29 | L.
The document sought to be filed under seal must not be attached to the motion for leave.
The document in question shall not be attached to the motion as an attachment.
Page 21 | G. Privacy Issues
The filing party or counsel must ensure that electronically filed documents do not disclose impounded or sealed information or specified personal identity information.
It is the responsibility of the filing party or counsel to insure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or personal identity information defined in Supreme Court Rules 15 and 138.
Page 21 | G. Privacy Issues
Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the personal identity information referenced in Supreme Court Rules 15 and 138.
Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the personal identity information referenced in Supreme Court Rules 15 and 138.
Page 21 | G. Privacy Issues
A party seeking to file a document under seal without a prior court order must electronically file a motion for leave to file under seal.
A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal.
Page 21 | G. Privacy Issues
A written Guardian ad Litem report must be impounded by the Circuit Clerk and kept from public viewing.
If the Guardian ad Litem submits a written report, it shall be impounded by the Circuit Clerk and shall not be open to viewing by the public.
Page 48 | 6.70.L
The filing party or counsel must ensure electronically filed documents do not disclose impounded, sealed, or specified personal identity information.
It is the responsibility of the filing party or counsel to ensure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or personal identity information defined in Supreme Court Rules 15 and 138.
Page 45 | G. Privacy Issues
Parties and counsel must omit or, when necessary, redact the specified personal identity information and comply with Supreme Court Rules 15 and 138.
Parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the personal identity information referenced in Supreme Court Rules 15 and 138. The filing of all documents shall be in accordance with Supreme Court Rules 15 and 138.
Page 46 | G. Privacy Issues
A written Guardian ad Litem report must be impounded by the Circuit Clerk and kept from public viewing.
If the Guardian ad Litem submits a written report, it shall be impounded by the Circuit Clerk and shall not be open to viewing by the public.
Page 106
Judge’s notes that are preserved must be stored in a sealed envelope marked “Judicial Notes - Impounded Documents” and bearing the requesting judge’s name.
A Judge's notes shall be placed in an envelope, which shall be sealed and marked "Judicial Notes - Impounded Documents" together with the name of the judge requesting the notes be preserved and stored.
Page 17 | 2.35 JUDGE'S NOTES
Judge’s notes must not be filed of record and, if preserved, must be sealed in an envelope marked “Judicial Notes - Impounded Documents” with the requesting judge’s name.
These notes are the property of the Judge and shall not be filed of record by the Clerk. A Judge’s notes shall be placed in an envelope, which shall be sealed and marked “Judicial Notes - Impounded Documents” together with the name of the judge requesting the notes be preserved and stored.
Page 3 | 2.35 JUDGE’S NOTES
Filing Bundling Requirements
Pleading motions may not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1, and improper combinations may be stricken without a hearing.
Pleading motions shall not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1 of the Code of Civil Procedure. Improperly combined motions may be stricken by the court without hearing.
Civil cases
Page 5 | 5.20 MOTIONS GENERALLY
The person seeking to affect marital status, or that person’s attorney, must present the Section 6.30 H documents to the prove-up judge in a single package before testimony begins.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony, the documents described in Section 6.30 H below.
Civil cases
Page 6 | 6.30 PROVE-UPS
Pleading motions must not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1, and an improper combination may be stricken without a hearing.
Pleading motions shall not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1 of the Code of Civil Procedure. Improperly combined motions may be stricken by the court without hearing.
Page 31 | 5.20 MOTIONS GENERALLY
The person seeking to affect marital status or counsel must present the required prove-up documents together in one package before testimony begins.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony, the documents described in Section 6.30 H below.
Page 39 | 6.30 PROVE-UPS
Pleading motions may not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1, and improper combinations may be stricken without a hearing.
Pleading motions shall not be combined with fact motions except as permitted by 735 ILCS 5/2-619.1 of the Code of Civil Procedure. Improperly combined motions may be stricken by the court without hearing.
Page 66 | 5.20 MOTIONS GENERALLY
The person seeking to affect marital status or their attorney must present the required documents to the prove-up judge in a single package before testimony begins.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony, the documents described in Section 6.30 H below.
Page 83
Pre-Motion Conference Requirements
All cases, including post-decree cases, must be set for a pretrial conference before they are set for trial.
All cases, including post-decree cases, shall be set for pretrial conference before being set for trial.
Page 89 | 6.50 PRETRIAU SETTLEMENT CONFERENCES
Adjournment & Extension Requirements
Counsel may seek new jury trial dates on or after March 1, 2021, by proper notice and motion.
Counsel for the parties may, upon proper notice and motion, seek to have new jury trial dates set on or after March 1, 2021 .
Page 1 | In re the Continuation of Temporary COVID-19 Mitigation Efforts
When electronic service fails for one of the listed reasons, the unserved party is entitled to an order extending applicable response or performance deadlines, absent extraordinary circumstances.
If electronic service on a party does not occur because of (1) inaccessibility to the vendor’s system, (2) an error in the vendor’s transmission of notice to the party being served, (3) the vendor’s failure to process the electronic filing for service, or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.
Page 19 | 2.65 E-FILING
Absent extraordinary circumstances, anyone prejudiced by an order accepting a later filing as of its first attempted filing date is entitled to an extension for a response or other required act.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the Court’s order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 22 | 2.65 E-FILING, M. System or user errors
The Chief Judge of each circuit is authorized to continue trials until further order of court.
the Illinois Supreme Court in its Orders ofjMarch 20, April 3, and April 7,2020 authorizes the Chief Judge of each circuit to continue trials until further order of court
Page 2 | GENERAL ORDER 20 - 12
Trials set during the specified period in Kendall and DeKalb Counties are continued for a status date and new trial date.
All matters currently set for trial betw'een the effective date of this order and July 10, 2020 for Kendall County cases and July 17,2020 for DeKalb County cases are continued for status and the setting of a new trial date.
Page 4 | 4
A party may move to reschedule a continued trial before the status date, for a date on or after the applicable county date, upon proper notice to the opposing side.
Any party to a case which has been continued for status and the setting ofa new trial date, may,before the status date, also move to reschedule the trial date to a date on or after the respective date as set forth above, upon proper notice to the opposing side.
Page 4 | 4
A motion may not be continued for more than 90 days unless good cause is shown.
No motion shall be continued for a period greater than ninety (90) days except for good cause shown.
Civil cases
Page 80 | 5.80 CONTINUANCES
A trial continuance requires a motion brought before the trial date and good cause shown.
Trials will not be continued except upon motion brought in advance of the trial date and then only for good cause shown.
Civil cases
Page 80 | 5.80 CONTINUANCES
A case settled before trial may be continued by agreement for 30 days for entry of judgment or dismissal, provided a party or counsel appears and the judge approves the new date.
Cases settled in advance of the time set for trial may be continued by agreement for thirty (30) days for the entry of judgment or dismissal. One or both parties or counsel representing them must appear before the Court to obtain such continuance. All matters so continued shall be scheduled for a date approved by the judge.
Civil cases
Page 80 | 5.80 CONTINUANCES
If the defendant or citation respondent has not been served by the return date, the plaintiff or counsel must appear and submit an order setting a definite continued date; an alias summons or citation may then issue.
On the return of an initial summons or citation to discover assets, if service of process has not been had on the named defendant(s) or citation respondent(s), the plaintiff or plaintiff’s counsel must appear and submit an order continuing the matter for a date certain and thereupon an alias summons or citation may issue.
Civil cases
Page 80 | 5.85 SERVICE OF SUMMONS, CITATIONS
Continuances may not be requested or granted by telephone.
There shall be no telephone continuances.
Civil cases
Page 80 | 5.80 CONTINUANCES
If a duly served citation respondent fails to appear, a rule to show cause must issue; a continuance may not replace it unless the court finds that necessary to protect all parties’ rights and interests.
If the citation respondent, having been duly served, fails to appear on the return date, a rule to show cause shall issue. No continuances in lieu of a rule will be granted, except where the court determines it necessary to do so to protect the rights and interests of all parties to the proceedings.
Civil cases
Page 81 | 5.90 CITATIONS TO DISCOVER ASSETS
A citation may not be continued merely to let a judgment debtor complete installment payments or otherwise satisfy the judgment.
Continuances merely to permit a judgment debtor to complete an installment payment schedule or otherwise satisfy the judgment will not be allowed.
Civil cases
Page 81 | 5.90 CITATIONS TO DISCOVER ASSETS
After the examination, the citation must be dismissed unless the court determines a continuance is necessary.
Upon completion of the examination, an order shall be entered dismissing the citation, unless the Court determines that it is necessary to continue the citation.
Civil cases
Page 81 | 5.90 CITATIONS TO DISCOVER ASSETS
A trial continuance is allowed only upon a showing of statutory cause and pursuant to notice, written motion, affidavit, and an order of the trial judge.
B. Cases set for trial shall not be continued except for statutory cause shown, pursuant to notice, written motion, affidavit, and order of the trial judge.
Civil cases
Page 13 | 6.55 SETTING OF TRIALS
When specified vendor or service-list failures prevent electronic service, the affected party is entitled to an extension for responses or other required acts, absent extraordinary circumstances.
If electronic service on a party does not occur because of (1) inaccessibility to the vendor's system, (2) an error in the vendor's transmission of notice to the party being served, (3) the vendor's failure to process the electronic-filing for service, or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed
Page 24 | K. Electronic service and filing proof of service
Absent extraordinary circumstances, anyone prejudiced by an order accepting a late filing as of its attempted filing date is entitled to an extension for a response or other act.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the Court's order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 25 | M. System or user errors
If initial process has not been served by its return, the plaintiff or counsel must appear and submit an order continuing the matter to a date certain; an alias summons or citation may then issue, and failure to appear may result in dismissal.
On the return of an initial summons or citation to discover assets, if service of process has not been had on the named defendant(s) or citation respondent(s), the plaintiff or plaintiff's counsel must appear and submit an order continuing the matter for a date certain and thereupon an alias summons or citation may issue. If the plaintiff or plaintiff's counsel fails to appear, the matter may be dismissed.
Page 35 | 5.85 SERVICE OF SUMMONS, CITATIONS
A motion may not be continued for more than 90 days absent good cause.
No motion shall be continued for a period greater than ninety (90) days except for good cause shown.
Page 35 | 5.80 CONTINUANCES
If an initial summons or citation to discover assets has not been served, the plaintiff or counsel must appear and submit an order continuing the matter to a date certain; an alias summons or citation may then issue.
On the return of an initial summons or citation to discover assets, if service of process has not been had on the named defendant( s) or citation respondent( s), the plaintiff or plaintiff's counsel must appear and submit an order continuing the matter for a date certain and thereupon an alias summons or citation may issue.
Page 74 | 5.85 SERVICE OF SUMMONS, CITATIONS
Chambers Communication Rules
The Court Administrator must email the designated deputy clerk and Chief Bailiff when a wedding is ready to be scheduled.
The Court Administrator shall email Mary Kay Elliot or another Deputy Clerk as designated by the Circuit Clerk and the Chief Bailiff that a wedding(s) is ready to be scheduled.
Page 1 | Administrative Order 21-09
Filed original court files and documents may not be removed from the courthouse without advance permission from the Clerk of the Circuit Court.
Original court files and documents that have been filed with the Clerk of Court shall not be removed from the courthouse without the advance permission of the Clerk of the Circuit Court.
Page 7 | 2.60 REMOVAL OF COURT FILES AND DOCUMENTS
Subscribers and other participants must promptly notify other parties, the Clerk, and the e-filing vendor of specified contact changes, and no later than ten business days before the change takes effect.
All subscribers and other participants must immediately, but not later than ten (10) business days prior to when such a change takes effect, notify other parties, the Clerk and the e-filing vendor of any change of firm name, delivery address, fax number or e- mail address.
Page 20 | 2.65 E-FILING
Attorneys may not enter the secured hallways behind courtrooms 100, 210, and 220 without a judge’s express invitation.
I. /\llorncys· admittance to the secured hallways behind courtrooms 100,210 and 220 is restricted and no attorney shall enter these hallways without express invitation from a judge.
Page 1 | Attorney Access to Secured Hallways and Chambers
For judges whose chambers are accessible from a public hallway, attorneys may not knock on the chamber door to speak with the judge without prior express invitation.
For those judges whose chambers arc accessible from a public hallway, attorneys shall not scck to speak with the judge by knocking on the chamber door without prior express invitation from the judge.
Page 1 | Attorney Access to Secured Hallways and Chambers
If a case set for trial or pretrial is proved-up before its scheduled date, the petitioner or the petitioner’s attorney must promptly notify the trial judge.
F. If a case set for trial or pretrial is proved-up prior to the date set, Petitioner, or Petitioner’s attorney, shall promptly notify the trial judge.
Civil cases
Page 14 | 6.55 SETTING OF TRIALS
Subscribers and other participants must notify the other parties, Clerk, and e-filing vendor of specified contact or firm changes by the stated deadline.
All subscribers and other participants must immediately, but not later than ten (10) business days prior to when such a change takes effect, notify other parties, the Clerk and the e-filing vendor of any change of firm name, delivery address, fax number or e-mail address
Page 25 | L. Collection of fees
The party who filed a motion is responsible for calling to arrange its hearing or setting.
The burden of calling for hearing/setting any motion previously filed is on the party making the motion.
Page 32 | 5.20 MOTIONS GENERALLY
If a case set for trial or pretrial is proved up before its scheduled date, the petitioner or petitioner’s attorney must promptly notify the trial judge.
F. If a case set for trial or pretrial is proved-up prior to the date set, Petitioner, or Petitioner's attorney, shall promptly notify the trial judge.
Page 42 | 6.55 SETTING OF TRIALS
After filing a motion, petition, or other pleading and before sending its notice, counsel or an SRL must ensure the Circuit Court Clerk has confirmed acceptance of the selected hearing date and time.
Upon the filing of any motion, petition or other pleading, and before sending notice of any motion, petition or any other pleading, including any notice of hearing, counsel or SRL shall ensure that they have received confirmation that the date and time that they have selected for any notice of motion, petition or other pleading has been accepted by the Circuit Court Clerk.
Page 4 | Zoom Status Hearings/Notices of Motion, Etc.
Before the remote status hearing concludes, the parties must advise the court which counsel or SRL will draft the proposed order.
Prior to the conclusion of the remote status hearing, the parties shall advise the court, which counsel/SRL will draft the proposed order ("Drafter").
Page 5 | Zoom Status Hearings/Notices of Motion, Etc.
Email the final proposed order to the assigned judge as soon as practicable and no later than 4:30 p.m. on the status-hearing day.
The final proposed order shall be emailed to the assigned judge as soon as practicable but no later than 4:30 p.m. the day of the status hearing at the following email addresses: 1) rmatekaitis@dekalbcounty.org 2) jpedersen@dekalbcounty.org
Page 5 | Zoom Status Hearings/Notices of Motion, Etc.
Filed original court files and documents may not be removed from the courthouse without advance permission from the Clerk of the Circuit Court.
Original court files and documents that have been filed with the Clerk of Court shall not be removed from the courthouse without the advance permission of the Clerk of the Circuit Court.
Page 40 | 2.60 REMOVAL OF COURT FILES AND DOCUMENTS
The mediator must immediately notify the judge in writing if mediation is suspended or terminated or if a party fails to comply with the paragraph.
The mediator shall immediately advise the judge in writing if he/she suspends or terminates mediation or in the event that either or both parties fail to comply with the terms of this paragraph.
Page 100 | J. Termination of Mediation
When an applicant must appear personally, the Clerk must provide the appearance time and place when the application is filed.
If an applicant must personally appear to present the application and any supporting evidence to the Court, the Clerk shall inform the applicant of the time and place of the appearance when the applicant files the application.
Page 33 | Application for Waiver of Fees
Law enforcement officers should notify court security before apprehending defendants or individuals at or in the courthouse.
Loca l. State, and Federa l law e nfo rce ment o rti ce rs s ho uld notify co urt securit y before appre hending defenda nts or indi vi dua ls at or in the courthouse.
Page 2 | Law enforcement apprehensions at or in the courthouse
Telephonic status calls shall be used as much as possible for the foreseeable future. Counsel shall coordinate with the court administrator as to dates and times
Telephonic status calls shall be used as much as possible for the foreseeable future. Counsel shall coordinate with the court administrator as to dates and times
Page 10 | FURTHER PROCEDURES
Accommodation requests should be directed to the CDC, but other court personnel may receive and grant or relay them; written requests received by non-CDC personnel must be relayed to the CDC.
While the request should be directed to the CDC, any court personnel (i.e., clerks, deputies, judges, staff, etc.) can receive a request and can either grant the request or convey the request in any format to the CDC. If the request is made in writing to court personnel who are not the CDC, the court personnel receiving the request shall mail, e-mail, hand deliver, or otherwise relay the request to the CDC.
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Weddings are scheduled through the Judicial Administrator at the listed phone number.
Weddings are performed at 1:00 pm Monday through Thursday and are scheduled through the Judicial Administrator at 815-895-7160
Court notice
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Matters not listed on the call must be addressed through the respective Clerk’s office.
Any matter not listed on the call must be addressed through the respective Clerk’s office – 815-895-7131 or 815-895-7138
Court notice
Page 7 | SARAH GALLAGHER CHAMI