Circuit Court of Edwards County, Illinois (2nd Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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 .

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

WARNING

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.

WARNING

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.

WARNING

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.