Court Rules

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

267 rules from official source documents

Rules 51 to 100, page 2 of 6

Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.

Cutoffs and deemed-filed rules

WARNING

Witness objections to extended media coverage must be filed as soon as practicable and at any time prior to testifying.

Objections by Witnesses shall be filed in the Office of the Circuit Clerk of the 18th Judicial Circuit as soon as practicable at any time prior to testifying.

WARNING

Anyone prejudiced by the Court's retroactive acceptance of a filing is entitled to an extension of response or performance deadlines absent extraordinary circumstances.

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.

WARNING

After fourteen days, a supplemental petition may be filed only through a Notice of Motion for Leave served on all parties and DCFS.

After expiration of the fourteen (14) day period, Notice of Motion for Leave to file a supplemental petition, shall be given to all parties and Department of Children and Family Services.

WARNING

Neither the Court nor the Circuit Clerk is liable for malfunctions or errors in electronic transmission or receipt of e-filed or e-served documents.

(a) The Court and Clerk of the Circuit Court shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

WARNING

On or before the status date, the mediator shall submit a Mediation Report to the Court, the parties, attorneys, and the CASA Guardian ad Litem, if applicable, which shall include information listed in this rule under the section entitled “Program Reporting Requirements,”

On or before the status date, the mediator shall submit a Mediation Report to the Court, the parties, attorneys, and the CASA Guardian ad Litem, if applicable, which shall include information listed in this rule under the section entitled “Program Reporting Requirements,”

WARNING

The Clerk will 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.

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.

WARNING

Routine motions requiring no notice may be dropped off with the Court any business day; the order will be entered by 12:00 p.m. for morning deliveries and by 9:00 a.m. the next court day for afternoon deliveries.

Routine Motions not requiring notice to any other person or party can be dropped off with the Court any day during regular business hours. Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. on the succeeding court day for motions delivered after 12:00 p.m.

INFO

A petition may be filed any time after the minor is taken into limited custody.

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.

INFO

Routine motions not requiring notice may be dropped off with the Court any business day; the Court will make every effort to enter the order by 12:00 p.m. for morning deliveries and by 9:00 a.m. the next court day for motions delivered after 12:00 p.m.

Routine Motions not requiring notice to any other person or party can be dropped off with the Court any day during regular business hours. Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. on the succeeding court day for motions delivered after 12:00 p.m.

INFO

When a case is ordered to mediation, the referring judge must set a return date.

When a case is ordered to mediation, a return date shall be set by the referring judge.

INFO

The Clerk's Office is open for business from 8:00 a.m. to 4:30 p.m. on working days and is closed on weekends and court-declared 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.

INFO

Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. on the succeeding court day for motions delivered after 12:00 p.m.

Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. on the succeeding court day for motions delivered after 12:00 p.m.

INFO

The Court and Clerk are not liable for malfunctions or errors in electronic transmission or receipt of e-filed or e-served documents.

The Court and Clerk of the Circuit Court shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

INFO

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

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

INFO

Once a virus-free electronically filed document is received and checked, the e-filing vendor must immediately make it available for transmission to the Clerk.

(e) 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.

INFO

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

(b) 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.

INFO

The Court and Clerk are not liable for malfunctions or errors in electronic transmission or receipt of electronically filed or served documents.

The Court and Clerk of the Circuit Court shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.

WARNING

Clerk ŭ must not accept a non-gage garnishment only upon a judgment by default; prior judgment must absence thereafter service of process summons be refused unless the judgment is first confirmed.

The Clerk of the Circuit Court of DuPage County shall not accept the affidavits for a non-wage garnishment, nor shall he issue a summons in any such proceeding, on the basis of a filing or other legal process, of a judgment that was entered by the way of judgment obtained out of court unless such judgment is confirmed after such other party or process in the court.

WARNING

Documents that fail to comply with required formatting may be rejected.

(g) Documents not complying with the format required by the applicable federal rule, statute or standards, or otherwise required compilation may be rejected.

INFOCivil cases

Orders received in the morning will be entered by 12:00 p.m.; orders received in the afternoon by 9:00 a.m. the next day.

Every effort will be made to enter the appropriate order by 12:00 p.m. for orders received in the morning and 9:00 a.m. for orders received in the afternoon.

Filing deadlines

CRITICAL

Deadline
3 court days

Pre-plea and pre-sentence reports must be delivered at least three court days before the sentence hearing, counting both the court date and the date of delivery.

The Probation Department shall prepare an original and four (4) copies of the pre-plea or pre-sentence report which shall be delivered at least three (3) court days, which includes both the court date and the date of delivery, prior to the sentence hearing

CRITICAL

If notice is served personally by 4:00 p.m., the hearing must be at least the second court day after personal 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

Party objections to extended media coverage must be filed within 3 days of receiving notice of the request.

Objections by Parties shall be filed in the Office of the Circuit Clerk of the 18th Judicial Circuit within three (3) days of receiving notice of the request for extended media coverage.

CRITICAL

Dispositive motions must be filed at least 63 days before trial, unless leave is granted for good cause.

All case or claim dispositive motions, other than motions arising during the course of trial, shall be filed no later than sixty-three (63) days before the scheduled trial date, except by prior leave of court and for good cause shown.

CRITICAL

Objections to the petition must be filed at least 10 days before the hearing.

Any person may file written objections to the petition with the Clerk of the Court not less than ten (10) days before the date set for hearing, stating the reasons why the petition should not be allowed.

CRITICAL

The evaluation report must be provided to the Court and any other designated parties within 120 days of the entry of the order appointing the evaluator.

The evaluation report shall be provided to the Court, and any other designated parties, no later than one hundred twenty (120) days from the entry of the order appointing the evaluator.

CRITICAL

Upon filing a notice of appeal, any hearing scheduled under this subpart shall automatically operate as an order pursuant to Supreme Court Rule 323(e) to toll the time to file a report of proceedings in the reviewing court under Supreme Court Rule 326 until any hearing is resolved.

Upon filing a notice of appeal, any hearing scheduled under this subpart shall automatically operate as an order pursuant to Supreme Court Rule 323(e) to toll the time to file a report of proceedings in the reviewing court under Supreme Court Rule 326 until any hearing is resolved.

CRITICAL

Upon settlement or withdrawal of a mediation case, the parties must immediately notify the Judge in writing and submit the written settlement or other dispositive order by the scheduled mediation conference date, and must also notify the Program.

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. The parties shall also notify the Program that the mediation will not take place as scheduled.

CRITICAL

Upon settlement or withdrawal of a mediation case, parties must immediately notify the Judge in writing and submit the written settlement or dispositive order on or before the scheduled mediation conference status date.

Upon settlement or withdrawal of any mediation case pending before the Court, the parties shall immediately notify the Judge in writing and submit the written settlement or other dispositive order on or before the scheduled mediation conference status date. The parties shall also notify the Program that the mediation will not take place as scheduled.

CRITICAL

Mediator must report to the Court within 10 days of the last mediation session, but no later than the assigned status date.

The mediator shall, on a Court approved form, report to the Court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

CRITICALCivil cases

Deadline
2 business days

The GAL must deliver a completed Report of the Guardian ad Litem consenting to judgment or a pleading stating why judgment should not be entered to the Court and counsel/parties no later than two business days before the judgment date.

No later than two (2) business days before the date scheduled for entry of Judgment, the GAL shall cause to be delivered to the Court and counsel and/or all parties, either a completed Report of the Guardian ad Litem consenting to the entry of judgment or a pleading stating why judgment should not be entered.

CRITICAL

A party objecting to admission must file its objection no later than 3 days before the hearing using the form in Appendix D.

A party objecting to the admission of an interested person or agency shall file its objection no later than three (3) days before the hearing using the form found in Appendix D.

CRITICAL

The petitioner may file its answer to the objections not later than 5 days before the hearing date.

The petitioner may file its answer to the objections not later than five (5) days before the date set for hearing.

CRITICALCivil cases

Dispositive motions must be filed at least 63 days before trial unless the court grants leave for good cause.

All case or claim dispositive motions, other than motions arising during the course of trial, shall be filed no later than sixty-three (63) days before the scheduled trial date, except by prior leave of court and for good cause shown.

CRITICAL

Deadline
2 business days

The GAL must deliver the required report or pleading at least two business days before the judgment date.

No later than two (2) business days before the date scheduled for entry of Judgment, the GAL shall cause to be delivered to the Court and counsel and/or all parties, either a completed Report of the Guardian ad Litem consenting to the entry of judgment or a pleading stating why judgment should not be entered.

CRITICALCivil cases

The receiver must file an initial report with the inventory and additional reports annually.

The receiver shall file a first report at the time of filing the inventory, and additional reports annually thereafter.

CRITICAL

Motions that are not presented or supported when called may be denied.

Motions not presented or supported by the moving party when called, pursuant to notice, may be denied.

CRITICAL

Upon filing any motion, pleading or document in a CF, CM, DV, MT, or TR file, the case must be placed on the court's call for a date within 30 days of filing; the Circuit Clerk does so for mailed filings.

At the time of filing any motion, pleading or other document in any CF, CM, DV, MT, or TR file, the person filing the motion must place the case on the court’s call for a date within 30 days of the date of filing. In the case of motions, pleadings or other documents that are received by the Circuit Clerk by mail and which are filed, the Circuit Clerk shall place the matter on the court’s call within 30 days of the date of filing.

CRITICAL

When a case transfers to the arbitration call, parties must complete Rule 222 disclosure within 28 days of the transfer date.

If a case is transferred to the Arbitration call by order of court, all parties shall comply with disclosure not later than 28 days after the date of transfer.

CRITICAL

Interested persons or agencies must request access to a juvenile proceeding no later than 7 days before the hearing using the form in Appendix D.

Any interested person or agency shall, no later than seven (7) days before the hearing, make a request for access to the juvenile proceeding using the form found in Appendix D.

CRITICALCivil cases

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

If neither of the parties resides in DuPage County, either or both of the parties must file a written motion advising the Court that the forum selected is not one of proper venue and seeking an appropriate order from the Court allowing a waiver of the venue requirements of Section 5/104 of the IMDMA. 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

The mediator must report mediation progress to the court within 10 days after the last mediation session, and no later than the assigned status date.

The mediator shall, on a court-approved form, report to the court on the progress of mediation within ten (10) days of the termination of the last mediation session, but in no event after the assigned status date.

CRITICAL

A Mediation Report must be provided to the trial court before the mediation status date set in the Mediation Referral Order.

The Program, in consultation with the ADR Administrator, shall develop procedures to ensure that, in each case, a Mediation Report is provided to the trial court prior to the mediation status date that is set forth in the Mediation Referral Order.

CRITICAL

Parties must make initial disclosure under S. Ct. Rule 222 and file a notice of disclosure within 60 days after a responsive pleading is filed, or within 28 days after transfer to the arbitration call.

Within 60 days after the filing of a responsive pleading to the complaint, counterclaim, third party complaint, etc., the parties shall each make the initial disclosure required by S. Ct. Rule 222 and file a notice of disclosure with the Clerk of the Court. If a case is transferred to the Arbitration call by order of court, all parties shall comply with disclosure not later than 28 days after the date of transfer.

CRITICAL

For minors in shelter care, the adjudicatory hearing must be held within 30 days after the shelter care order but not before the section 3-3 time period has elapsed.

If the minor is in shelter care, the adjudicatory hearing must be held no later than 30 days after the order of shelter care but not before the applicable time-period under section 3-3 has elapsed. 705 ILCS 405/3-3.

CRITICAL

Upon settlement or withdrawal, the parties must immediately notify the Judge in writing and submit the written settlement or dispositive order by the scheduled mediation conference date, and also notify the Program.

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. The parties shall also notify the Program that the mediation will not take place as scheduled.

CRITICALCriminal cases

A defendant who may pay a traffic fine by mail must pay the statutory penalty within 15 days, either by mail or in person.

If the officer indicates on the ticket that the defendant may pay a fine by mail, the police officer shall also inform the defendant that the defendant has fifteen (15) days in which to pay the statutory penalty, either by mail or in person.

CRITICAL

Responses to substantive motions must be filed at least three days before the scheduled hearing.

Responses shall be filed at least three (3) days before the scheduled hearing.

CRITICAL

Any reply or response must be filed with the Clerk of Court within 15 days after entry of the arbitration order.

Any reply to the Petition for Setting Final Fees and Costs or other response and proof of service shall be filed with the Clerk of Court and delivered to the other party by mail or by hand delivery within fifteen (15) days after entry of the arbitration

CRITICAL

A summons with a return date beyond the diligence date is void unless issued with leave of court.

Summons shall not issue for a return date beyond the diligence date set by a court except with leave of court. Any summons issued beyond that date without leave of court shall be considered a nullity.