Circuit Court of Edwards County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements7 rules
In civil and criminal cases, the main body of pleadings and other papers prepared for filing must be neatly typed or printed with at least double-spaced line spacing, excluding the listed portions.
- Line spacing
- Double
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment, and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing.
Citation to Illinois cases shall be to the official reports, but citation to North Eastern Reporter or Illinois Decisions may be added.
In any oral or written presentation to the court, citation of cases shall be to the page of the volume where the case begins, and to the pages upon which the pertinent material appears in at least one of the reporters cited. Use of "supra" or "infra" only is not permitted.
Formatting
- •Do not use only “supra” or “infra” as a citation
If only the National Reporter System citation is used, the court rendering the decision shall be identified.
Citation of cases from other jurisdictions shall include the date of the decision, and may be to either the official State reports or to the National Reporter system, or both.
Pleadings and other papers must be neatly typed or printed and at least double-spaced, while pro se parties may file neatly hand-printed papers with similar spacing.
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing. Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
- Line spacing
- Double
Document Filing Requirements47 rules
A written appearance with the party’s or counsel’s name, address, and telephone number must be filed before addressing the court, and served on all other parties who have appeared.
Court's wording
Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared. No party or attorney shall address the court before filing such written appearance.
A pro se written appearance without further pleading must satisfy Rule 5(a), be acknowledged with the required sworn-officer statement, and include any pleading for which notice is waived or an immediate hearing is consented to, unless a statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
A hearing notice must identify the action, hearing date and time, and motion, and must include the motion papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Pleadings and entries of appearance in civil cases must identify the circuit, county, parties and their designations, and case number.
- Document
- Pleading or entry of appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice stating the action, judge, hearing date, and whether the motion was granted or denied.
Court's wording
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead.
Parties must identify and mark trial exhibits, prepare a list in the required form with each exhibit’s mark and description, and provide the court two copies, subject to the stated flexibility and court-order exception.
Court's wording
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter. The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.
An order to show cause for indirect civil contempt requires a verified petition stating the supporting facts or the complainant’s open-court testimony, which must make a prima facie showing of contempt; advance notice is optional.
Court's wording
Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt. The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.
In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
In matrimonial proceedings, the moving party must prepare and file an affidavit substantially in the Chief Judge's required form before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
- Document
- Affidavit of heirship
Must include
- •Proposed order
An affidavit of heirship must include the specified decedent, family, heirship, and diligent-search information and follow substantially the required form; it should also address prior marriages and children from each marriage.
Court's wording
(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
All Mediation Orders wherein appointment of a mediator is made shall assign a 45 day continued case management conference date for a status report on the progress of mediation.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
If the mediator has the stated concerns about a minor, the final report must recommend appointing a child representative or guardian ad litem.
Court's wording
If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
The mediator must file a signed written report stating whether the result was “full agreement,” “partial agreement,” or “no agreement.”
Court's wording
The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
For a partial agreement, the mediator’s report must identify resolved and unresolved claims and the individuals designated to complete and submit documents for the resolved claims.
Court's wording
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendations.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
Summonses, notices, and court orders setting court dates issued by private counsel and filed in the Circuit must include the specified remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
When remote appearance is an option, Clerk-issued summonses, notices, and court orders setting court dates must include the specified courtroom, Zoom, dial-in, and courthouse information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Clerk-issued summonses, notices, and court orders setting court dates must include the specified remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
Before trial or hearing, parties must identify and mark potential exhibits, prepare a list with each mark and a brief description, and present two copies of the list to the court.
Court's wording
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
A pro se written appearance without further pleading must be sworn or acknowledged, and any waiver or consent must confirm receipt of the relevant pleading with a copy attached, unless a prescribed statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
Private-counsel summonses, notices, and court-date orders must include the specified Rule 24 language; noncompliant documents are subject to e-file rejection.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.
- Document
- Heirship affidavit
Must include
- •Proposed order
Court's wording
At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
- Document
- Response affidavit
Must include
- •Certificate of service
A motion-hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Clerk-issued summonses, notices, and court-date orders must include the specified Rule 24 remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, Zoom access details, participation instructions, dial-in information, courthouse address, and clerk’s telephone number.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
- Document
- Matrimonial affidavit
Must include
- •Certificate of service
In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Parties or counsel must file an appearance containing contact information, serve it on appearing parties, and file it before addressing the court; local counsel owes no appearance fee.
Court's wording
Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared. No party or attorney shall address the court before filing such written appearance. When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
A case copy presented to the court may come from any of the listed reporters but must be complete and show the official citation.
Court's wording
Each copy of a case presented to the court may be from either the official state reports, North Eastern Reporter or Illinois Decisions, but shall, in any case, be a complete copy of the case and shall show the official citation.
A copy of a case presented to the court shall be a complete copy, and may be from either the official State reports or the National Reporter System.
4. Each attorney must complete the Child Representative Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.
All requests seeking approval to appear remotely shall be court date specific and shall not be intended to apply to all future court dates, unless otherwise granted by the presiding judge.
Promptly after mediation concludes, the mediator must file the prescribed report identifying agreed issues or unsuccessful completion, without stating why the parties did not agree.
Court's wording
Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.
Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient time, and filing the notice certifies compliance.
Court's wording
It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Filing & Service rules
Electronic Filing Rules
The Clerk will not file documents received by facsimile unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule.
Page 6 | Rule 6 — Pleadings
Noncompliant summonses, notices, and court orders setting court dates are subject to e-file rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
Page 29 | C. Which Documents Must Include Remote Appearance Information
During family mediation, pleadings on mediated issues require leave of court, except for the listed mediation documents, agreed pleadings, qualifying sworn endangerment pleadings, withdrawal motions, and discovery requests and responses.
During this period, no pleadings related to issues to be mediated shall be filed without leave of court except: (a) Documents required for mediation; (b) Pleadings as to which stipulation is being made or agreement have been reached; (c) Sworn pleadings based upon asserted present or threatened serious endangerment to the physical or emotional health of the minor(s) or a party to the litigation based upon asserted facts or circumstances which have arisen subsequent to entry of the Mediation Order or of which the pleading party could not have known prior to entry of said order; (d) Motions for leave to withdraw as counsel for a party; and (e) Discovery requests and responses.
Page 1 | Rule 21. Family Mediation Program
The clerk may not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Page 1 | Rule 6. Pleadings
Filing Timing and Cure Windows
If the Clerk’s office is open, a complaint or petition seeking the listed ex parte orders must be filed there before application is made to a judge.
Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
Page 8 | Rule 9 — Motions
Discovery papers not already in the record that are needed for an appeal must be filed with the Clerk upon application and court order.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.
Page 9 | Rule 12 — Discovery
File anticipated discovery portions to be used at trial at the outset of trial, or portions necessary to a motion when the motion is filed.
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Page 9 | Rule 12 — Discovery
When seeking relief concerning specified discovery materials, file the disputed portions with the Clerk at the same time as the motion.
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Page 9 | Rule 12 — Discovery
Objections to an order to show cause must be filed and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16 — Orders to Show Cause
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with a petition for ex parte relief, unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
A responding party must file its affidavit at the pretrial conference or at least three days before a contested hearing.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
The moving party must file the required affidavit before any hearing, except when seeking emergency relief or when the court directs otherwise for good cause.
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
The financial affidavit and settlement conference memorandum must be filed at least seven days before the settlement conference.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 13 | Rule 19 — Pretrial Conferences in Family Cases
The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days before the initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the initial case management conference.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
Unless mediation ends earlier, the mediator must file a progress report with the Circuit Clerk before the continued case management conference.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
Page 21 | Mediation procedures
An intent to repudiate must be filed before the continued case management conference, or within 10 days after mediation if that conference is less than 10 days away.
Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | C. Conclusion of Private Mediation
The mediator must file the signed report in the case file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | Rule 23 — Civil Mediation Program; 9. COMPLETION OF MEDIATION
A written motion requesting permission to appear remotely must be filed at least 48 hours before the specified court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 34 | G. Requests to Appear Remotely When Approval is Required
Parties must file financial affidavits and pre-mediation questionnaires with the clerk at least seven days before the expedited or initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference.
Page 1 | Rule 21. Family Mediation Program
A party filing a pleading by leave or under the specified endangerment or withdrawal exceptions must immediately present it to the trial judge to set a hearing.
Any party filing a pleading by leave of court or referred to in 2.(c) or (d.) above shall immediately cause it to be presented to the trial judge for setting of hearing .
Page 1 | Rule 21. Family Mediation Program
A written motion seeking permission to appear remotely must be filed at least 48 hours before the specific court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
Proof of service of the post-hearing notice must be filed with the clerk within two days after the hearing.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
Written objections to an order to show cause must be filed and served at least 48 hours before the hearing unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 1 | Rule 16. Orders to Show Cause
A summary judgment motion hearing may not occur until at least ten days after service of the motion notice.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 1 | Rule 9. Motions
If a motion is not called for hearing within 90 days of filing, the court may set it for hearing and may overrule or deny it for delay.
If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.
Page 8 | Rule 9 — Motions
The moving party must secure a hearing; after 90 days in civil matters or 30 days in criminal cases without a hearing, the court may set the motion and deny it for delay.
The burden of securing a hearing on any motion is on the moving party. If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay.
Page 1 | Rule 9. Motions
Before the continued case management conference, the mediator must file a general progress report with the Circuit Clerk.
The mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
Page 1 | Rule 21. Family Mediation Program
Service and Proof of Service Rules
A copy of the written appearance must be served on all other parties who have appeared, using the service method prescribed for copies of pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 5 | Rule 5 — Appearances and Default
Motion notice must be given in the manner and to the persons prescribed by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | Rule 9 — Motions
The party seeking a hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 7 | Rule 9 — Motions
A summary judgment motion may not be heard until at least ten days after service of its notice under Supreme Court Rule 11.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | Rule 9 — Motions
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | Rule 9 — Motions
Personal service of a motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 8 | Rule 9 — Motions
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 11 | Rule 16 — Orders to Show Cause
The moving party must provide proof of service with the affidavit, unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
A responding party must file its affidavit with appropriate proof of service.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
An intent to repudiate must state the reasons for repudiation and be sent to the other party’s attorney, or directly to the party if unrepresented.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | C. Conclusion of Private Mediation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 26 | Rule 23 — Civil Mediation Program; 9. COMPLETION OF MEDIATION
An order to show cause must be served personally or by regular mail to the respondent’s last known address, as determined from specified records or another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 1 | Rule 16. Orders to Show Cause
Personal service of a motion-hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 1 | Rule 9. Motions
Motion notice must be served by the method and on the persons prescribed by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 1 | Rule 9. Motions
After a motion is heard without prior notice, the attorney obtaining the order must serve a written notice with specified hearing and order details and file proof of service within two days.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
The party seeking a motion hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 1 | Rule 9. Motions
The mediator must sign and file a report stating whether mediation resulted in full, partial, or no agreement within 14 days after the last mediation day, and serve all parties with a copy.
The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.
Page 1 | Rule 23. Civil Mediation Program
Motion hearing notice given by mail is governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 8 | Rule 9 — Motions
Filing Fees and Waivers
One appearance fee is due when an attorney enters a single appearance for multiple parties; separate appearances require separate fees.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 6 | Rule 5 — Appearances and Default
The appearance fee must be paid when the party first appears, by counsel or in person, and submitted with the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 6 | Rule 5 — Appearances and Default
The Clerk will not file a document or pleading until the required fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 7 | Rule 8 — Clerks of the Circuit Court
The clerk will not file a document or pleading until its required filing fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 1 | Rule 8. Clerks of the Circuit Court
The appearance fee is due with the written appearance when the party first appears.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 1 | Rule 5. Appearances and Default
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of Section 2-1402 of the Code of Civil Procedure, 735 ILCS 5/2-1402, and Supreme Court Rule 277.
Page 6 | Rule 5 — Appearances and Default
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
The judicial mediator may record portions of mediation reciting an agreement, but must seal and exclusively retain those recordings and may destroy them.
The judicial mediator may electronically record those portions of a mediation in which any agreement of the parties is recited, but shall seal, exclusively retain and may destroy them.
Page 22 | A. Confidentiality and Privilege
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 1 | Rule 21. Family Mediation Program
Pre-Motion Conference Requirements
After referral to family mediation, proceedings are stayed except for specified matters, and contested hearings require leave of court for good cause on written motion.
After referral to mediation, all proceedings except continued case management conferences, discovery, and presentation of agreed matters shall be stayed pending the post-mediation case management at the conclusion of mediation. Hearing shall not be held sooner on contested matters, including discovery enforcement proceedings, without leave of court granted for good cause pursuant to written motion
Page 1 | Rule 21. Family Mediation Program
Adjournment & Extension Requirements
Mediation must be completed within 60 days of assignment, absent good cause, and either party may petition for more time if it is not completed within that period.
3. TIME FOR MEDIATION. Mediation shall be completed within 60 days of assignment, except for good cause shown. In the event that mediation is not complete within said 60 days, either party may petition the court for additional time.
Page 25 | Rule 23 — Civil Mediation Program; 3. TIME FOR MEDIATION
If either party is not ready in a small claims case, the court must continue the case to an early date, but further continuances require good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Page 10 | Rule 15 — Small Claims
In small claims, the court continues the case to an early date if a party is not ready, and grants no additional continuances without good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Page 1 | Rule 15. Small Claims
Chambers Communication Rules
Participants may contact the Edwards County Circuit Clerk at 618-445-2016 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Edwards County Circuit Clerk Phone: 618-445-2016
Page 27 | Rule 24.B. How to Appear Remotely
Participants may contact the Crawford County Circuit Clerk at 618-544-3512 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Crawford County Circuit Clerk Phone: 618-544-3512
Page 27 | Rule 24.B. How to Appear Remotely
Participants may contact the Wabash County Circuit Clerk at 618-262-5362 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Wabash County Circuit Clerk Phone: 618-262-5362
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the White County Circuit Clerk at 618-382-2321 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. White County Circuit Clerk Phone: 618-382-2321
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Wayne County Circuit Clerk at 618-842-7684 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Wayne County Circuit Clerk Phone: 618-842-7684
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Richland County Circuit Clerk at 618-392-2151 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Richland County Circuit Clerk Phone: 618-392-2151
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Hamilton County Circuit Clerk at 618-643-3224 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Hamilton County Circuit Clerk Phone: 618-643-3224
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Jefferson County Circuit Clerk at 618-244-8008 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Jefferson County Circuit Clerk Phone: 618-244-8008
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Gallatin County Circuit Clerk at 618-269-3140 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Gallatin County Circuit Clerk Phone: 618-269-3140
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Lawrence County Circuit Clerk at 618-943-2815 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Lawrence County Circuit Clerk Phone: 618-943-2815
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Franklin County Circuit Clerk at 618-435-9800 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Franklin County Circuit Clerk Phone: 618-435-9800
Page 28 | Rule 24.B. How to Appear Remotely
Participants may contact the Hardin County Circuit Clerk at 618-287-2200 for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county. Hardin County Circuit Clerk Phone: 618-287-2200
Page 28 | Rule 24.B. How to Appear Remotely