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

WARNING

The Circuit Court Clerk sets a turnover date in wage deduction cases unless waived, and the turnover date must be at least 21 days from the return date.

At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a turnover date on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor’s attorney specifically requests that no “turnover date” be set. The “turnover date” shall be at least twenty-one (21) days from the return date of the summons.

WARNING

Notice of the speedy trial demand must be given to the assigned judge within 7 days following the filing of the demand.

Notice of the demand shall be given to the assigned judge within 7 days following the filing of any speedy trial demand.

WARNING

The Court will set the petition hearing not earlier than 15 days after the date of filing.

Upon the filing of the petition, the Court, upon motion, will set the petition for hearing at a specified time not earlier than fifteen (15) days after the date of filing.

WARNING

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.

WARNING

The show-cause order must set a revocation hearing date not less than 30 days after entry of the rule.

The order entering the rule shall set a date, not less than thirty (30) days after the entry of the rule, for hearing upon the return of the rule.

WARNING

The petitioner's attorney must notify the Department of Probate and Court Services within five days after an adoption petition is filed, if consents are to be taken.

(a) The petitioner’s attorney shall have the duty of notifying the Department of Probate and Court Services within five (5) days after the petition is filed, if consents are to be taken.

WARNING

Deadline

14 calendar days

The party rejecting the arbitration award must notice the case before the Court within 14 days after the rejection to set a case management conference.

The party rejecting the award shall notice the case before the Court not more than fourteen (14) days after the rejection for the purpose of setting a case management conference.

WARNING

Party objections to admission must be filed at least 3 days before the hearing.

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.

WARNING

Applies to

Social investigation report

Social investigation reports and court-ordered evaluations are due three days before the sentencing hearing.

The following document shall be due three (3) days before the hearing: (i) Social investigation report under section 5-701 of the Juvenile Court Act; and (ii) Any court-ordered evaluations.

WARNING

Deadline

7 calendar days

Arbitration hearing exhibits must be retrieved from the Arbitration Administrator within 7 days after judgment, or they will be destroyed.

Exhibits must be retrieved by the attorneys or parties from the Arbitration Administrator within seven (7) days after the entry of judgment. All exhibits not retrieved shall be destroyed.

WARNING

A receiver must file an inventory of estate property no later than 30 days after appointment unless the Court orders otherwise.

Unless the Court orders otherwise, a receiver shall, as soon as practicable after appointment, but in any event no later than thirty (30) days thereafter, file an inventory of all property – real, personal or mixed – of the estate, designating the property of which the receiver has taken possession or control.

WARNING

A Final Approval Hearing is scheduled only after all claims, objections, and exclusion deadlines have passed.

(2) A Final Approval Hearing shall be set after all of the claims, objections, and exclusion deadlines have passed.

WARNINGCivil cases

Any party filing a Petition for an Emergency Order of Protection under the Illinois Domestic Violence Act, Stalking No Contact Act, Civil No Contact Act, Criminal Protective Order Act, and/or Firearms Restraining Oder Act shall be required to present the Petition before a judge in Court in compliance with all other applicable local rules, statutes, standing orders, and case law governing same. Merely filing a Petition does not grant any party protection without a hearing. If the Petitioner fails to appear in Court and present a Petition to be ruled upon by a judge within sixty (60) days of filing, the case may, at the discretion of the assigned judge, be dismissed for want of prosecution.

Any party filing a Petition for an Emergency Order of Protection under the Illinois Domestic Violence Act, Stalking No Contact Act, Civil No Contact Act, Criminal Protective Order Act, and/or Firearms Restraining Oder Act shall be required to present the Petition before a judge in Court in compliance with all other applicable local rules, statutes, standing orders, and case law governing same. Merely filing a Petition does not grant any party protection without a hearing. If the Petitioner fails to appear in Court and present a Petition to be ruled upon by a judge within sixty (60) days of filing, the case may, at the discretion of the assigned judge, be dismissed for want of prosecution.

WARNINGCriminal cases

Treatment providers on the Court Authorized list must file an annual statement of intent to comply with the rule on or before December 31.

All providers appearing on the Department’s Court Authorized service provider list shall file a statement of intent to comply with this rule annually on or before December 31 for the ensuing year.

WARNING

Motions not called for hearing within60 days of filing may be stricken by the court or on motion.

Any motion not called for hearing within sixty (60) days of filing may be stricken upon motion, or by the Court without any notice to any party.

WARNING

A receiver files a first report with the inventory, additional reports annually, and a final report upon termination of the receivership; the Court may order special reports.

The receiver shall file a first report at the time of filing the inventory, and additional reports annually thereafter. Special reports may be ordered by the Court and a final report shall be filed upon the termination of the receivership.

WARNINGCivil cases

If a federal estate tax return is required, the judge may fix a date 18 months after issuance of letters for filing the first account.

If the attorney states at the time the inventory is filed that a federal estate tax return is required, the judge approving the inventory may enter an order fixing a date eighteen (18) months after the issuance of letters for the filing of the representative's first account.

WARNING

If attorney states federal estate tax return required, judge may order first account due 18 months after issuance of letters.

If the attorney states at the time the inventory is filed that a federal estate tax return is required, the judge approving the inventory may enter an order fixing a date eighteen (18) months after the issuance of letters for the filing of the representative’s first account.

WARNINGCivil cases

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

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

WARNING

Deadline

5 business days

Correspondence to the Court must be sent to the Court and the other party no later than 5 business days before the requested court date.

The correspondence should be sent to the Court and other party no later than 5 business days prior to the requested court date.

WARNINGCriminal cases

Treatment providers must notify the Department in writing within 10 days of any change to staff, providers, subcontractors, or support personnel.

Providers shall notify the Department of Probation and Court Services in writing in the event of a change of employee’s status, provider, subcontractor or support staff, added or terminated, within ten (10) days of such change.

WARNING

Guardians of the Estate for disabled adult wards must file an annual accounting of the ward's finances; the Court may extend or excuse the accounting.

(b) In all estates wherein the ward is a disabled adult, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the Ward. Upon its own motion or at the request of the Guardian, the Court may extend or excuse the annual accounting as the Court deems appropriate.

WARNING

The Guardian ad Litem must file an appearance within 14 days of appointment.

In all cases, the Guardian shall file an appearance as Guardian ad Litem for the adoptee within 14 days of appointment.

WARNING

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

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

WARNING

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.

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

Upon filing a notice of appeal, a scheduled fee-waiver hearing automatically tolls the deadline to file the report of proceedings until resolution.

(2) 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.

WARNING

Guardians of the Person for minor wards must file a biennial report on the ward's condition, with the first report due within 12 months of the appointment order; the Court may extend the report deadline.

(a) In all guardianship cases wherein the ward is a minor, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the annual or biennial report to such time as the Court deems appropriate.

WARNING

Requests for access to juvenile proceedings must be made at least 7 days before the hearing.

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.

WARNING

Guardians of the Estate for minor wards must file an annual accounting of the ward's finances; the Court may extend or excuse the accounting.

(b) In all guardianship cases where the ward is a minor, the Guardian of the Estate shall provide the Court with an annual accounting concerning the condition of the finances of the ward. Upon its own motion or at the request of the Guardian of the Estate, the Court may extend or excuse the annual accounting as the Court deems appropriate.

WARNING

The Clerk sets a turnover date at least 21 days from the return date of a wage deduction summons unless the judgment creditor waives the setting of a turnover date.

At the time of the issuance of a Wage Deduction Summons the Circuit Court Clerk shall set a “turnover date” on the calendar of the assigned judge, unless the judgment creditor or the judgment creditor’s attorney specifically requests that no “turnover date” be set. The “turnover date” shall be at least 21 days from the return date of the summons.

WARNING

A receiver must file an inventory of estate property within 30 days of appointment unless the Court orders otherwise.

(a) Unless the Court orders otherwise, a receiver shall, as soon as practicable after appointment, but in any event no later than thirty (30) days thereafter, file an inventory of all property – real, personal or mixed – of the estate, designating the property of which the receiver has taken possession or control.

WARNING

Unless extraordinary circumstances exist, a party prejudiced by a retroactively accepted filing is entitled to an extension of responses or other deadlines.

(c) 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

A party needing a language interpreter or deaf/hearing-impaired assistance must notify the Arbitration Administrator not less than 30 days before the hearing.

Any party requiring the services of a language interpreter or other assistance for the deaf or hearing impaired during the hearing shall notify the Arbitration Administrator of said need not less than thirty (30) days prior to the hearing.

WARNING

If a defendant does not pay fines and costs within the ten-day extension, the Clerk must immediately return the case file to the sentencing judge and inform the court.

In instances where the defendant has failed to satisfy the assessment within the ten (10) day period, the Clerk shall immediately deliver to the sentencing judge the defendant’s case file and inform the Court of the defendant’s failure to satisfy the order within the aforementioned timeframe.

WARNINGCivil cases

On or before the status date, the mediator shall submit a Mediation Report, which shall include the information listed in this rule under the section entitled “Program Reporting Requirements,” to the Court, the parties, and their respective attorneys.

On or before the status date, the mediator shall submit a Mediation Report, which shall include the information listed in this rule under the section entitled “Program Reporting Requirements,” to the Court, the parties, and their respective attorneys.

WARNING

A sentencing hearing must be held within eight weeks after a finding of guilt or admission, unless continued for good cause.

A sentencing hearing shall be held within eight (8) weeks after a finding of guilt or admission but may be continued for good cause shown.

WARNING

Time frames for filing requests and objections under the Extended Media Coverage Policy are calculated using calendar days.

(j) Calendar days shall be used for the purpose of calculating the time frames for the filing of requests and objections contained in the Policy for Extended Media Coverage in the Circuit Court of Illinois.

WARNING

The Clerk must set a summons return date between 40 and 61 days after filing of an arbitration case.

Upon the filing of a civil action subject to Article 13, the Clerk of the Circuit Court shall set a return date for the summons not less than forty (40) days nor more than sixty-one (61) days after filing, returnable before the Supervising Judge or the judge to whom the case is assigned.

WARNING

For Article 13 civil actions, the clerk must set the summons return date between 40 and 61 days after filing.

Upon the filing of a civil action subject to Article 13, the Clerk of the Circuit Court shall set a return date for the summons not less than forty (40) days nor more than sixty-one (61) days after filing, returnable before the Supervising Judge or the judge to whom the case is assigned.

WARNINGCivil cases

The Circuit Clerk must assign a hearing date for a wage deduction exemption hearing to coincide with the turnover order, or at least 21 days from the return date if no turnover order was set.

Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the “turnover” order previously set. In the event no “turnover” order has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons.

WARNING

The evaluation report must be provided to the Court and designated parties no later than 120 days from 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.

WARNING

Guardians, executors, and administrators must file an annual report or account, with the first filing due approximately one year after issuance of letters (the status date) and later accounts filed as the Court orders.

Each guardian and each executor or administrator of an estate shall present an annual report or account of his/her administration. The date for the first filing of such accounts shall be approximately one (1) year from the issuance of letters otherwise known as the “status date.” Thereafter, accounts shall be filed as ordered by the Court.

WARNING

Jury-demand cases must be transferred at 9:00 a.m. on a date no earlier than 14 days and no later than 30 days after the demand, when practicable.

Upon a jury demand being made in the Traffic Court Division, the judge shall transfer the case, using the pink Transfer and Reassignment Order, AD 194 – Code 4550 “Special Transfer from Traffic Division for Jury Trial,” at 9:00 a.m. on a date not less than fourteen (14) days, but no more than thirty (30) days later, whenever practicable for the setting of a jury trial date, per Administrative Order.

WARNING

The Circuit Clerk assigns a Wage Deduction Exemption Hearing date to coincide with the turnover order, or if none is set, not less than 21 days from the return date of the summons.

Upon the filing of a Notice of Motion for a Wage Deduction Exemption Hearing by the judgment debtor, the Circuit Clerk shall assign a hearing date to coincide with the “turnover” order previously set. In the event no “turnover” order has been set, the Circuit Clerk shall assign a hearing date not less than twenty-one (21) days from the return date of the summons.

WARNINGCriminal cases

Notice of a speedy trial demand must be given to the assigned judge within 7 days after the demand is filed.

Notice of the demand shall be given to the assigned judge within 7 days following the filing of any speedy trial demand.

WARNING

A case management conference must be held within 45 days of the arbitration award rejection filing date.

A case management conference shall be held within forty-five (45) days of the rejection filing date.

WARNING

Progress in the court's mediation must be reported to the Court on a Court approved form within 10 days of the last mediation session, but no later than the assigned status date.

The Program 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.

WARNINGCriminal cases

A provider denied approval or removed from the approval list may petition for approval after a six (6) month period of time.

A provider denied approval or removed from the approval list may petition for approval after a six (6) month period of time.

WARNING

Guardians of the Person for disabled adult wards must file a biennial report on the ward's condition, with the first report due within 12 months of the appointment order; the Court may extend the reporting period.

(a) In all estates wherein the ward is a disabled adult, the Guardian of the Person shall provide the Court with a biennial report (one report every two years) concerning the condition of the person of the ward, except that the first report after appointment of the Guardian of the Person shall be within twelve (12) months of the entry of the initial order appointing the Guardian. Upon its own motion or at the request of the Guardian, the Court may extend the reporting period to such time as the Court deems appropriate.

WARNING

If an objection to expungement is made, the court may set a date for a hearing and notify all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing.

If an objection to expungement is made, the court may set a date for a hearing and notify all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing.