23rd Judicial Circuit Court, DeKalb County, Illinois Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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 .

CRITICALCivil cases

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.

CRITICAL

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

CRITICALCivil cases

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.

CRITICAL

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

CRITICAL

A trial continuance requires a motion made in advance of the trial date and may be granted only for good cause.

Trials will not be continued except upon motion brought in advance of the trial date and then only for good cause shown.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

Writs and rules to show cause must be continued to a specific date within six months.

Writs and Rules to Show Cause must be continued to a date certain within six (6) months .

CRITICAL

At least one party or counsel representing a party must appear before the Court to obtain the settlement-related continuance.

One or both parties or counsel representing them must appear before the Court to obtain such continuance.

CRITICAL

A trial continuance is allowed only for statutory cause shown and pursuant to notice, a written motion, an affidavit, and an order of the trial judge.

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.

CRITICAL

A continuance may not be granted instead of issuing a rule to show cause unless the court finds it necessary to protect all parties’ rights and interests.

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.

CRITICALCivil cases

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.

CRITICAL

A citation must be dismissed after the examination unless the court finds a continuance necessary; any continuance order must state its reason and what is needed to complete the citation.

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. Orders continuing a citation must set forth specifically the reason for the continuance and what is required to complete the citation.

CRITICALCivil cases

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.

CRITICAL

A trial continuance requires a motion brought in advance of the trial date and good cause.

Trials will not be continued except upon motion brought in advance of the trial date and then only for good cause shown;

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

Orders of body attachment and rules to show cause must be continued to a date certain within six months.

Orders of Body Attachment and Rules to Show Cause must be continued to a date certain within six (6) months.

CRITICAL

At least one party or their counsel must appear before the Court to obtain this continuance.

One or both parties or counsel representing them must appear before the Court to obtain such continuance.

CRITICAL

A continuance may not be granted merely to allow a judgment debtor to 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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

When electronic service fails for one of the listed reasons, the affected party is entitled, absent extraordinary circumstances, to an order extending the applicable response date or performance period.

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.

CRITICAL

A trial continuance is permitted only for statutory cause shown and must be sought by notice, written motion, and affidavit, with an order from 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.

CRITICALCivil cases

Continuances may not be requested or granted by telephone.

There shall be no telephone continuances.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

Criminal jury trials are continued until on or after July 20, 2020.

In accordance with General Order 20-17, entered by the Chief Judge of the Twenty-Third Judicial Circuit, Judge Robert Pilmer, on May 22, 2020, criminal jury trials are continued until on or after July 20, 2020.

WARNING

Continuances may not be obtained by telephone.

There shall be no telephone continuances.

WARNING

A trial judge may further delay a criminal jury trial if distancing or facility limitations prevent it from proceeding safely, the judge finds those limitations necessitate delay, and the findings are made on the record.

Pursuant to the order of the Illinois Supreme Court, entered on May 20, 2020, and incorporated in General Order 20-17, each trial judge may delay a trial further if the court determines that proper distancing and facilities limitations prevent the trial from proceeding safely and the trial judge finds that such limitations necessitate the delay, and the trial judge makes a record of such findings in any such matter so delayed.

WARNING

A date for a settled-case continuance must be approved by the judge.

All matters so continued shall be scheduled for a date approved by the judge.

WARNING

If an accommodation request cannot be fulfilled before the court activity, the court may continue, extend, or reschedule the activity to accommodate it.

If the court receives an accommodation request that cannot be fulfilled in advance of the court activity, the court may continue, extend, or reschedule it in order to accommodate the request.

WARNING

A matter continued under the settlement procedure must be scheduled for a date approved by the judge.

All matters so continued shall be scheduled for a date approved by the judge.

WARNING

If the plaintiff or plaintiff's counsel fails to appear, the matter may be dismissed.

If the plaintiff or plaintiff's counsel fails to appear, the matter may be dismissed.

WARNING

A case settled before trial may be continued by agreement for 30 days to enter judgment or dismissal.

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.

WARNING

Matters scheduled for a day the courthouse is closed 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.

WARNING

Non-essential court matters and proceedings should be continued or, when possible, conducted remotely.

Additionally, all non-essential court matters and proceedings should be continued or, where possible, conducted remotely via telephone, video, or other electronic means.

WARNING

A continuance may not be granted merely to allow a judgment debtor to complete an installment schedule 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.

WARNING

Civil jury trials will not begin before September 30, 2020.

In accordance with General Order 20-17, entered by the Chief Judge of the Twenty-Third Judicial Circuit, Judge Robert Pilmer, on May 22, 2020, civil jury trials will begin no sooner than September 30, 2020.

WARNING

A case settled before trial may be continued by agreement for 30 days to allow entry of judgment or dismissal.

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.

WARNING

Counsel may seek new jury trial dates after February 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 after February 1, 2021.

WARNING

A continuance may not substitute for a rule to show cause unless the court finds it necessary to protect all parties' rights and interests.

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.

WARNING

Continuances may not be obtained by telephone.

There shall be no telephone continuances.

INFO

Courts may reschedule court events, especially jury trials and large docket calls, or conduct proceedings remotely when feasible and constitutionally permitted.

Courts may avoid risk by rescheduling court events to a later date, especially jury trials and large docket calls, or, alternatively, by conducting proceedings via telephone or video remote appearance where feasible and subject to constitutional limitations.