18th Judicial Circuit Court, DuPage County Filing Timing and Cure Windows

CRITICAL

Electronic documents are not officially filed without the electronic filing stamp.

Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction or any other emergency relief, shall be filed in the Office of the Circuit Court Clerk, if during court hours, before application to the Court for the order.

Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction or any other emergency relief, shall be filed in the Office of the Circuit Court Clerk, if during court hours, before application to the Court for the order.

CRITICALCivil cases

E-filed pleadings received before midnight on open court days deemed filed that day; filed on closed days deemed next business day.

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.

CRITICAL

The transmission date and time govern the electronic file mark; pleadings received before midnight on an open day are deemed filed that day, and filings on closed days are deemed filed the next business day.

The transmission date and time of transfer shall govern the electronic file 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.

CRITICALCivil cases

With personal service delivered by 4:00 p.m., the motion hearing or presentment may not proceed until at least the second court day after service.

If notice of motion is by personal service delivered by 4:00 p.m., hearing on or presentment of the motion shall proceed not less than the second court day following personal service.

CRITICAL

The waiver of venue motion must be filed before any other pleadings and with the original dissolution petition.

The waiver of venue motion must be filed before any other pleadings and shall be filed along with the original petition for dissolution of marriage.

CRITICAL

When an e-filing fails due to specified transmission, vendor, clerk-rejection, technical, or service-list errors, the Court may order that a later filing be deemed effective as of the original filing attempt.

(b) If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICAL

If an e-filing fails due to transmission error, vendor processing failure, clerk rejection, technical problems, or erroneous service-list exclusion, the Court may order the document filed effective as of the first attempted filing date upon satisfactory proof.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICALCriminal cases

A felony bench warrant issued by a judge outside the Felony Division during regular hours results in presentment to the bond court judge at the next available time.

If the warrant was issued by a judge not regularly assigned to the Felony Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

CRITICALCriminal cases

For non-work hours enforcement of a Misdemeanor Division bench warrant with a preset bond, the defendant goes before the issuing judge, or the bond court judge if unavailable that same day or the next day; the bond judge then sets the case for the assigned judge's next motion/court day.

If the bench warrant was issued by a judge regularly assigned to the Misdemeanor Division, and a set bond appears in said warrant, the defendant shall be taken before the judge who issued the warrant. If said judge is unavailable, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day. The bond court judge shall set the case for status on the assigned judge's next motion day or court day to hear such matters.

CRITICAL

Parties must notify the Arbitration Administration of settlement, dismissal, or scheduling issues by 3:00 p.m. the day before the hearing or face liability for hearing costs.

(g) Failure to inform the Arbitration Administration of any settlement, dismissal, or scheduling issue, by 3:00 p.m. the day PRIOR to hearing, shall result in the parties being responsible for any arbitration hearing costs incurred.

CRITICAL

An electronically filed document is considered filed upon the Clerk's review and acceptance with the electronic filing stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.

CRITICALCriminal cases

If a bench warrant does not include a preset bond, the bond court judge must set a bond under 725 ILCS 5/110-5 and schedule the case for status on the assigned judge's next motion or court day.

If bond is not set on the warrant, the Bond Court judge will set a bond in accordance with 725 ILCS 5/110-5 Code of Criminal Procedure and set the matter for status on the assigned judge's next motion day or court day set to hear such matters.

CRITICAL

The panel shall render its decision and enter an award on the same day of the hearing. The Chair shall present the award to the Arbitration Administrator who shall then file same with the Clerk of the Circuit Court.

The panel shall render its decision and enter an award on the same day of the hearing. The Chair shall present the award to the Arbitration Administrator who shall then file same with the Clerk of the Circuit Court.

CRITICAL

Emergency motions must be filed with the clerk during court hours before applying to the Court.

Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction or any other emergency relief, shall be filed in the Office of the Circuit Court Clerk, if during court hours, before application to the Court for the order.

CRITICAL

The transmission date/time governs the file mark; pleadings received before midnight on an open day are deemed filed that day, otherwise on the next business day.

The transmission date and time of transfer shall govern the electronic file 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.

CRITICAL

Pleadings transmitted to the clerk before midnight on a court day are deemed filed that day; filings made when the courthouse is closed are deemed filed the next business day.

The transmission date and time of transfer shall govern the electronic file 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.

CRITICAL

Electronic documents are not officially filed until the electronic filing stamp is applied.

Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Failing to inform the Arbitration Administration by 3:00 p.m. the day before the hearing makes the parties responsible for arbitration hearing costs.

Failure to inform the Arbitration Administration of any settlement, dismissal, or scheduling issue, by 3:00 p.m. the day PRIOR to hearing, shall result in the parties being responsible for any arbitration hearing costs incurred.

CRITICAL

The Clerk must not accept a non-wage garnishment affidavit or issue summons based on a judgment by confession unless the judgment is confirmed after service of process.

2.13 NON-WAGE GARNISHMENT The Clerk of the Circuit Court of DuPage County shall not accept an affidavit for a non-wage garnishment and shall refuse to issue summons in such proceeding based upon a judgment by confession unless such judgment is confirmed after service of process.

CRITICALCriminal cases

A traffic or misdemeanor defendant arrested during regular work hours on a warrant issued by the Misdemeanor Division must appear before the bond court judge as soon as practicable, and the matter must be set for the issuing judge's call the next business day.

If the warrant was issued by a judge assigned to the Misdemeanor Division, then the accused shall be brought before the bond court judge as soon as practicable. The bond court judge shall take any appropriate action and then set the matter on the call of the issuing judge on the next business day.

CRITICALCriminal cases

If a traffic/misdemeanor bench warrant during regular hours was issued by a judge outside the Felony and Misdemeanor Divisions, the accused must be taken before the bond court judge at the next available time.

If the warrant was issued by a judge not regularly assigned to the Felony or Misdemeanor Division, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

CRITICALCriminal cases

A felony bench warrant issued during regular hours by a Felony Division judge requires presentment to the issuing judge, or to the bond court judge at the next available time if the issuing judge is absent or unable to act.

If the warrant was issued by a judge regularly assigned to the Felony Division, then the accused shall be brought before the judge who issued the warrant. If the judge who issued the warrant is absent or unable to act, then the accused shall be taken before the judge sitting in Bond Court at the next available time.

CRITICAL

An electronically filed document is deemed filed upon review, acceptance, and completion of the transmission with the Clerk's stamp.

Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.

CRITICAL

Proof of service of the order must be filed within 2 days of the hearing.

The party presenting the motion shall file with the Clerk of the Court, within two (2) days of hearing, proof of service of a copy of the order entered granting or denying relief.

CRITICAL

The waiver of venue motion must be filed before any other pleadings and along with the original petition for dissolution of marriage.

The waiver of venue motion must be filed before any other pleadings and shall be filed along with the original petition for dissolution of marriage.

CRITICALCriminal cases

For a traffic/misdemeanor bench warrant issued outside the Misdemeanor Division during non-work hours, the accused must be presented to the bond court judge the same day the defendant is taken into custody, or the next day if not practicable.

If the bench warrant was issued by a judge not regularly assigned to the Misdemeanor Division, the defendant shall be taken before the judge sitting in Bond Court on the day the defendant is taken into custody, or if not practicable, on the following day.

CRITICALCivil cases

Court may order electronic filings that failed due to transmission errors, vendor failures, clerk rejection, technical issues, or service list errors to be filed effective as of the first attempt date upon satisfactory proof.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICAL

If the Clerk does not accept an electronically filed document, the subscriber is notified by email and may be required to re-file it.

A Subscriber will receive email notification from the Vendor if a document is not accepted by the Clerk’s office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

CRITICAL

Documents become officially filed only when the Clerk accepts them and applies an electronic file stamp.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp. The stamp shall be endorsed in the name of the Circuit Clerk by the deputy clerk accepting the filing, and shall include the identification of the court, the official time and date of filing and contain the word “FILED.” This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on- line. Electronic documents are not officially filed without the electronic filing stamp.

CRITICAL

Settlement order must be submitted on or before the scheduled mediation conference date.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties or any appointed CASA shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference date.

CRITICAL

Failing to notify the Arbitration Administration of settlement, dismissal, or scheduling issues by 3:00 p.m. the day before the hearing makes the parties responsible for arbitration hearing costs.

Failure to inform the Arbitration Administration of any settlement, dismissal, or scheduling issue, by 3:00 p.m. the day PRIOR to hearing, shall result in the parties being responsible for any arbitration hearing costs incurred.

CRITICAL

Each document accepted by the Clerk receives an electronic file stamp.

Each document reviewed and accepted for filing by the Clerk of Court shall receive an electronic file stamp.

WARNING

A petition may be filed any time after the minor is taken into limited custody, with the adjudicatory hearing delayed until the applicable time-period under section 3-3 expires.

A petition may be filed any time after the minor is taken into limited custody, but the adjudicatory hearing on such a petition will be delayed pending expiration of the applicable time-period under section 3-3 of the Juvenile Court Act of 1987. 705 ILCS 405/3-3.

WARNINGCriminal cases

If a ticket is not paid within the prescribed period, the defendant is presumed to want to appear in court, and the Clerk assigns the next available court date for handwritten citations.

If the defendant fails to satisfy the ticket within the prescribed period, it shall be assumed that the defendant wishes to appear in court and for hand-written citations, the next available court date for the particular shall be assigned by the Clerk from the predetermined schedule.

WARNING

The Vendor issues a confirmation upon submission; a Subscriber receives email notification if a document is not accepted and may be required to re-file.

Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt and serve as proof that the document has been submitted to the Clerk. A Subscriber will receive email notification from the Vendor if a document is not accepted by the Clerk’s office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

WARNING

Summons may be filed electronically only after the complaint is filed and a case number and court location are assigned.

The summons may be filed electronically after the Circuit Clerk has filed the complaint, assigned a case number and court location.

WARNING

If the DUI arraignment return date falls on a court holiday, the next working court date must be used.

If any return date would fall on an official Court holiday, the police officer shall set the next working court date for the arraignment.

WARNING

Deadline

5 business days

A party must provide a hard copy of an electronically filed document to the Clerk within five business days of the Clerk's request.

At any time, the Clerk of the Court may request from the filing party a hard copy of an electronically filed document, which shall be provided within five (5) business days upon reasonable notice.

WARNING

The appointed Guardian Ad Litem/Child Representative/Attorney for the Child must promptly file an appearance on behalf of the minor child(ren).

The Guardian Ad Litem/Child Representative/Attorney for the Child appointed in this cause shall promptly file his or her appearance on behalf of the minor child(ren).

WARNING

DUI arraignment dates must be set no less than 26 days and no more than 42 days from the date of arrest, when practical, considering officer availability and court holidays.

The arraignment dates for DUI cases shall be set by the arresting law enforcement agency. The arraignment date shall not be less than twenty-six (26) days nor more than forty-two (42) days from the date of arrest, where practical.

WARNING

For serious traffic violations requiring an appearance, the Clerk assigns the arraignment date immediately upon receipt of hand-written citations and sends notices.

Serious traffic violations, those which require an appearance under Supreme Court Rule 551, shall be handled in the same manner described above (35.06(e)(1)), except the defendant shall not be given the option to pay. For hand-written citations, the arraignment date shall be assigned by the Clerk immediately upon receipt, and notices sent.

WARNINGCriminal cases

Serious traffic violations are treated like other citations except the defendant has no pay-by-mail option, and for handwritten citations the Clerk assigns an arraignment date immediately upon receipt.

Serious traffic violations, those which require an appearance under Supreme Court Rule 551, shall be handled in the same manner described above (35.06(e)(1)), except the defendant shall not be given the option to pay. For hand-written citations, the arraignment date shall be assigned by the Clerk immediately upon receipt, and notices sent.

WARNINGCivil cases

When mediation is suspended or terminated or a party fails to comply, the mediator must immediately notify the Program and the Program must immediately inform the Court in writing via a Mediation Report.

The mediator shall immediately advise the Program, and the Program shall immediately inform the Court in writing via a Mediation Report, if he or she suspends or terminates mediation or if either or both parties fail to comply with the terms of mediation.

WARNING

The vendor must send a confirmation of submission showing the date and time received, and must email the subscriber if the Clerk does not accept the document, in which case the subscriber may need to re-file.

Upon receipt by the Vendor, and submission of an electronic document to the Clerk, the Vendor shall issue a confirmation to the Subscriber. The confirmation shall indicate the time and date of receipt and serve as proof that the document has been submitted to the Clerk. A Subscriber will receive email notification from the Vendor if a document is not accepted by the Clerk’s office. In that event, the Subscriber may be required to re-file the document to meet necessary filing requirements.

WARNING

The Clerk's office is open for business from 8:00 a.m. to 4:30 p.m. on working days, and closed on weekends and legal holidays.

The Office of the Clerk shall be open for business from 8:00 a.m. to 4:30 p.m. of each working day. The Office of the Clerk shall not be open for business on any Saturday or Sunday. The Office of the Clerk shall not be open for business on any day declared by administrative order of this Court to be a legal holiday.

WARNING

If a filing fails due to transmission error, vendor processing failure, clerk rejection, technical problems, or erroneous service-list exclusion, the Court may retroactively accept the document as of the first attempted filing date upon satisfactory proof.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

If an electronic filing fails due to transmission, processing, rejection, technical, or service-list errors, the Court may order the document filed effective as of the date filing was first attempted.

If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the Vendor or (3) rejection by the Circuit Court Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

Depositions must be taken after 8:00 a.m. and before 5:00 p.m. on days the Court is in session, unless otherwise agreed by the parties or ordered by the Court.

Unless denied by law or agree otherwise, depositions shall be taken after 8:00 a.m. and before 5:00 p.m. on days that Court is in session.

WARNING

A petition may be filed any time after the minor is taken into limited custody, but the adjudicatory hearing on such a petition will be delayed pending expiration of the applicable time-period under section 3-3 of the Juvenile Court Act of 1987. 705 ILCS 405/3-3.

A petition may be filed any time after the minor is taken into limited custody, but the adjudicatory hearing on such a petition will be delayed pending expiration of the applicable time-period under section 3-3 of the Juvenile Court Act of 1987. 705 ILCS 405/3-3.