Circuit Court of Effingham County, Illinois (4th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A party may move to defer mediation within 14 days after the referral order; the hearing must be set before the scheduled mediation date, interested parties and any appointed mediator must receive notice, the motion must detail its supporting facts and circumstances, and mediation is tolled while the motion is pending.
- The mediator may adjourn the mediation conference at any time and set a reconvening time; parties present at the adjourned conference need no further notification.
- A personal representative or attorney seeking an extension to a definite date or less frequent accounting must submit a written request stating the reasons; for good cause, the Court may consider it without notice or hearing, but may direct notice of any new hearing date to interested parties.
Request must include
Page & Word Limits1 rule
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
- Letter
- Up to 2 pages
Document Format Requirements4 rules
For any exhibit or other document greater than four pages long, page numbers must be inserted electronically or legibly within the PDF (not handwritten).
- More than 4 pages
Each listed document must be submitted as a separate file.
Court's wording
Each proposed order, fully signed agreed order, agreement, stipulation or other document shall be submitted as a separate file with a file name that reflects the party offering it and the nature of the document (e.g., Plaintiff proposed order, Petitioner agreed order, Defendant stipulation, Respondent cases in support, etc.);
Rule 9-8 and Rule 9-10(b) and (c) shall be highlighted or in bold type in such notice.
All submissions shall be submitted in PDF format;
- File type
Document Filing Requirements63 rules
A hearing notice must identify the motion judge, action title and number, hearing date and time, and nature of the motion.
Court's wording
The notice of hearing shall designate the motion Judge, shall show the title and number of the action, and the date and time when the motion will be presented. Notice of motion to be made shall state the nature of the motion.
When a motion is heard without prior notice, the obtaining attorney must serve written notice with specified case and ruling details on nondefaulting parties and file proof of service within two days after the hearing.
Court's wording
(c) Notice After 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, date of the 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 thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Counsel must file a certification of discovery compliance that describes the documents provided in response, but must not file those documents with the Circuit Clerk.
Court's wording
(b) Proof of compliance with a request for discovery in all civil matters shall be made by filing with the Clerk of the Court the certification of counsel showing that compliance has been made. The certification shall include a description of the documents filed with reference to the request made. The documents supplied in response to a discovery request shall not be filed with the Circuit Clerk.
(e) When necessary to the determination of any motion, a copy of all relevant discovery materials shall be attached as an exhibit to the motion and filed with the Clerk.
Counsel must file a certification briefly describing the discovery requests and including proof of service, and identical requests to multiple parties may be covered in one certification.
- Document
- Discovery request
Must include
- •Certificate of service
Court's wording
(a) Proof of service of the request for discovery shall be made by certification of counsel briefly describing the requests made together with proof of service on the party to whom it is directed. The certification shall be filed with the Clerk of the Court. If identical requests are made of multiple parties, they may be included in one certification.
The subpoena shall require the person or entity to whom it is directed to produce the designated documents, objects, or tangible things.
A copy of the notice with the Clerk’s certificate of mailing shall be filed of record.
The Circuit Clerk shall issue subpoenas limited to the production of specified documents, objects, or tangible things when requested by the prosecutor or the defendant's attorney.
Only completed subpoenas shall be submitted to the Circuit Clerk for issuance.
A subpoena seeking specified materials must display or attach the required legend, and a copy of the subpoena and notice of service must be mailed first class to appearing parties within 48 hours of issuance; the legend states the permitted compliance methods and mail instructions.
Court's wording
A subpoena issued under this provision seeking specified documents, objects, or tangible things shall bear the following legend on the face of said subpoena, or conspicuously attached thereto, and a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action: YOU MAY COMPLY WITH THIS SUBPOENA BY APPEARING IN PERSON IN COURT ON THE RETURN DATE WITH THE SUBPOENAED MATERIALS. YOU ALSO MAY COMPLY BY MAILING LEGIBLE AND COMPLETE COPIES OF ALL SPECIFIED DOCUMENTS, OBJECTS, OR TANGIBLE THINGS REQUESTED IN THIS SUBPOENA AT LEAST FIVE DAYS BEFORE THE DUE DATE TO CIRCUIT CLERK, (Courthouse Address), ILLINOIS (Zip code).” COMPLIANCE BY MAIL REQUIRES THAT THE ATTACHED CERTIFICATE BE SIGNED AND RETURNED. DO NOT SEND THESE MATERIALS TO ANYONE OTHER THAN THE CIRCUIT CLERK, FOR DELIVERY TO THE PRESIDING JUDGE OR THE JUDGE SPECIFICALLY ASSIGNED TO THE CASE.
A party seeking to have discoverable material returned by mail from the person or entity to whom it is directed shall provide an envelope of appropriate size for return mailing addressed to the Circuit Clerk with (1) the name of the case; (2) the case number; (3) the date for hearing; and (4) "Subpoena Duces Tecum" endorsed in the lower left-hand corner of said envelope.
A certification page with the specified language, date, signature, and printed-name lines must be sent with every subpoena issued under this section.
Court's wording
(f) Certification: A certification page containing the following language shall be sent with all subpoenas issued pursuant to this section: I hereby certify, under penalty of perjury and contempt of court, that I have examined the subpoena issued in this cause and that the documents, objects, and tangible things attached hereto represent full and complete compliance with said subpoena. ___________________ __________________________ Date Signature __________________________ Printed Name
When child custody or allocation of parental responsibilities is disputed, the plaintiff must inform the Court with the initial pleadings or as soon as the dispute becomes known.
Court's wording
8-2 Notice of Dispute as to Child Custody or Allocation of Parental Responsibilities: If either child custody or allocation of parental responsibilities (decision-making or parenting time) is in dispute, the plaintiff will so inform the Court upon the filing of the initial pleadings, or as soon thereafter that a dispute is known to exist.
(b) The Financial Affidavit shall be in the form designated from time to time by the Illinois Supreme Court, with the same supporting documentary evidence attached as is required by 750 ILCS 5/501 for temporary issues.
The parties must file a Financial Affidavit when a specified family-law issue is disputed, when applicable law requires one, or when the Court orders one.
Court's wording
(a) Filing of Financial Affidavit – The parties shall file with the Clerk a Financial Affidavit: (1) In all proceedings where there is a dispute involving attorney’s fees, property, maintenance, support, child custody and/or allocation of parental responsibilities (decision-making or parenting time), or modification of any previous orders relating thereto; (2) As required by applicable law; and (3) As otherwise ordered by the Court.
If issues relating to custody, visitation or allocation of parental responsibilities are in dispute, the proposed disposition shall include a party’s proposed parenting plan as may be required by 750 ILCS 5/602.10.
If the issue of property apportionment is in dispute, the parties shall submit a statement of proposed apportionment, which shall include an itemization of all property claimed as marital and non-marital together with an estimated fair cash market value of each item.
(3) Fully completed uniform order for payment of support or maintenance, if applicable;
If any issues are disputed, each party must file a proposed disposition addressing all issues by the earlier of the specified statutory deadline or at least five days before the contested-issues hearing, unless the court orders otherwise.
Court's wording
8-4 Statement of Proposed Disposition: In addition to the Financial Affidavit required in Rule 8-3, if there are any issues in dispute, each party shall file a written statement of proposed disposition, addressing all issues (both agreed and contested), within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court.
If the issue of apportionment of marital indebtedness is in dispute, the statement shall also include a proposed apportionment of marital indebtedness and shall include a listing of any non-marital indebtedness for which either party is currently liable.
(1) Proposed judgment order;
(2) Fully completed Certificate of Dissolution, Declaration of Invalidity or Legal Separation, if applicable;
(6) Certificate that the person seeking to affect the marital status of the parties has completed the parenting education program as provided in Supreme Court Rule 924 and amended Administrative Order 06-20, if applicable, unless the Court waives this requirement or grants the parties additional time to complete this requirement.
(4) Signed original of any written agreement of the parties that has been, or will be, testified to or that is to be incorporated in the Judgment, Declaration or Order;
(5) Obligor order for any fee to Circuit Clerk pursuant to 750 ILCS 5/711, if support or maintenance is ordered;
A prevailing plaintiff seeking costs other than filing or summons-service fees must file a specified affidavit before judgment identifying each cost’s purpose, amount actually expended, and payment date.
Court's wording
A prevailing Plaintiff seeking to recover costs other than a filing fee or service of summons fee shall file an affidavit prior to entry of judgment setting forth, with specifications, each separate cost sought to be recovered showing the purpose of each cost, the specific amount of each cost actually expended, and the date such cost was paid.
If the claim is based upon a written instrument or assignment, a copy of such instrument or assignment must be attached to the original and all copies of the complaint.
The Clerk of the Court shall attach to each summons a copy of this rule and any other information deemed necessary by the Court.
An index of exhibits, if any, shall be included that states the number of pages for each exhibit;
- Document
- Exhibit submission
Must include
- •Exhibit list
Each party must file a financial affidavit prior to the Mediation Order being entered, unless the parties agree on the division of the mediation fee.
By the status date, the mediator shall submit a report to the court and the parties’ legal counsel, in the form of a Mediator Report, notifying the court and legal counsel of information listed in this Rule under the section entitled Mediator Report.
(1) Whether an agreement has been reached by the parties;
Any such motion must be supported by affidavit setting forth specific facts as to why mediation would be inappropriate.
(b) Will in Language Other Than English: When a will is in a language other than English, the petitioner shall file a typewritten copy of the will in English along with the petition to probate and a certification by a qualified translator that the translation of the will is true and correct.
(a) Holographic Will: When a will is handwritten, the petitioner shall file a typewritten copy of the will along with the petition to probate and an affidavit of the petitioner or his or her attorney that the typewritten copy is true and correct to the best of his or her knowledge.
(c) Affidavit Regarding Heirship: An affidavit of heirship shall include the following: (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;
(c) All Other Wills: In addition to all requirements of 755 ILCS 5/6-2, a petition for the admission of a will to probate shall have attached thereto a copy of the will believed by the petitioner to be the valid last will of the testator.
When a petition to admit a will or for letters of administration is filed, heirship must be proved either through qualifying witness testimony reduced to writing, certified, and filed, or by an affidavit under Section 5-3 of the Probate Act.
Court's wording
(a) Manner of Proving Heirship: When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act.
When filing an heirship affidavit under Section 5-3, the representative must submit a separate proposed order to the Circuit Clerk reflecting the affidavit's concluding language.
Court's wording
(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.
If an heirship order is incomplete or erroneous, amended proof of heirship must be made and an amended order entered as appropriate.
Court's wording
(e) Amended Order Declaring Heirship: If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered, as appropriate.
(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." (9) The affidavit shall state whether the decedent was ever a party to a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act, or any substantially similar legal relationship recognized by any other state.
A representative's bond must be in writing and signed by the representative, even when security is excused by the will or statute.
Court's wording
(b) Written Bond: Regardless of whether security is excused by the will or as provided in subsection (b) of Section 12-4 of the Illinois Probate Act, the bond of the representative in the amount from time to time required under the Illinois Probate Act shall be in writing and signed by the representative.
An individual surety must put their residence address below their signature and, if the court requests, provide a verified affidavit and written notice agreement concerning specified real estate.
- Document
- Bond
- Placement
- Signature block
Court's wording
(a) Individuals: When an individual is offered as security on a bond of a legal representative, the surety shall state his or her residence address below their signature, and when requested by the court, shall furnish a verified affidavit and shall agree in writing that they will notify the court before conveying or encumbering any real estate described in said affidavit, until the surety is discharged by order of the court.
A guardian's petition to spend a ward's estate must state the estate's present value, the ward's available annual income, the proposed expenditure's purpose, and all payments received by the ward or petitioner in the listed capacities.
Court's wording
13-5 Expenditures from Ward's Estate: A petition of a guardian to apply any part of the ward's estate for the support, comfort, or education of the ward or other person entitled to support from his or her estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure. It further shall list all payments being received by the ward or by petitioner either individually or as guardian on behalf of the ward, including Social Security payments, disability or benefit payments from the Veteran's Administration or other governmental agency or department, or other assistance from a charitable or relief organization, payment from a trust, or from one having an obligation to support the ward.
A hearing notice must state the hearing’s time, date, place, and nature, and include the prescribed statement or a substantially similar one.
Court's wording
(2) The notice of hearing shall contain the time, date, place and nature of the hearing and shall include the following or a substantially similar statement: “If the account is approved by the judge upon hearing, in the absence of fraud, accident or mistake, the account as approved is binding upon all persons to whom this notice is given.”
A verified petition to settle an action involving a minor or ward’s settlement proceeds must be executed by the legal representative and include the specified occurrence, parties, insurance, injury, medical, and settlement information.
Court's wording
To settle a cause of action for personal injuries sustained by a minor, or ward, or any other action in which a minor or ward will receive any or all of the settlement proceeds, a verified petition shall be filed executed by the legal representative of the minor, ward, or the decedent’s estate, and shall recite: (1) A description of the occurrence giving rise to the cause of action. (2) The name and address of the person or entity against whom the cause of action has accrued. (3) The name and address of the liability insurance carrier, if any, affording coverage to the person or entity against whom the cause of action has accrued, and the monetary limits of the liability insurance policy issued by said insurance carrier in effect at the time of the occurrence. (4) A brief description of the injuries sustained by the minor and a list of hospital and medical expenses incurred on behalf of said minor as a result of the occurrence, and a current medical report or letter executed by the attending physician stating the nature and extent of the injuries sustained and giving the prognosis. (5) The terms of any settlement offer and a statement by the attorney for the petitioner of his or her opinion as to the fairness of the proposed settlement and a recommendation as to whether the offer should be approved.
If annuity payments or income are payable before the beneficiary reaches majority, the settlement order must direct payment only to the minor’s estate, restrict use or transfer without court leave, and require the guardian to file proof of payment.
Court's wording
Where annuity payments or income are payable prior to the beneficiary reaching majority age, the order approving settlement shall provide that such payments be made only to the estate of the minor; that they not be expended, transferred or withdrawn from the estate without leave of court; and the order shall require the filing of proof of payment of such periodic or partial distributions by the guardian of the minor.
An order approving settlement must provide for distribution of settlement funds and require recipient-signed vouchers by a court-prescribed time, accounting for the total settlement sum.
Court's wording
The order entered approving settlement shall provide for the distribution of the settlement funds and the filing of vouchers signed by recipients of any portion of the settlement proceeds within a time prescribed by the court. The receipts or vouchers shall account for the total sum approved and obtained in settlement.
A court order must require settlement funds received for a minor to be deposited or invested for the minor’s benefit, and the funds may not be withdrawn or used without court-order approval.
Court's wording
Any settlement funds that are to be received by a legal representative on behalf of a minor shall be required by court order to be deposited or invested for the benefit of the minor in accordance with the provisions of Section 24-21 of the Illinois Probate Act. These funds shall not be withdrawn or used without approval by court order.
A citation petition presented for filing must be accompanied by the proposed citation with a return date coordinated with the Clerk and a proposed order granting the petition and directing issuance of the citation.
Court's wording
Any petition for a citation as contemplated by Section 16-1 of the Illinois Probate Act that is presented to the Clerk for filing shall first be accompanied by the proposed citation as requested in the petition, with a return date that has been coordinated with the Clerk, and by a proposed order granting the petition and directing the issuance of the citation.
The court must continue the case to a specific date for filing a financial-institution voucher that acknowledges receipt of funds and the settlement order and includes the required no-withdrawal language.
Court's wording
The court shall continue the case to a specific date for the purpose of having a voucher from the financial institution filed. The voucher from the depository shall acknowledge receipt of the funds and a copy of the order of the court approving settlement, and shall include the express language that: “No withdrawals shall be made from this account, unless authorized by order of court, at any time prior to {date upon which the minor will reach the age of majority}.”
Subpoenas shall be returnable to the Circuit Clerk for delivery to the presiding judge or the judge specifically assigned to the case at a time that the court is normally in session.
The person or entity to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects, or tangible things may comply with said subpoena, without personal appearance, by providing complete and legible copies to the Circuit Clerk together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.
Failure to provide said package to the Court prior to the hearing as set forth in Rule 8-5(a), or failure to establish jurisdiction of the court over all parties and the subject matter, may result in the Court not hearing the matter at the requested time for hearing.
In all cases where a Party seeks to prove or challenge damages by affidavit, such affidavits shall be in compliance with the Illinois Rules of Evidence.
(1) All items required by Section 8-5(a) have been presented to The Court;
Verification of any pleading or affidavit shall be compliant with 735 ILCS 5/2-605 and Supreme Court Rule 137.
Each proposed exhibit must be submitted as a separate file named to identify the offering party and exhibit number.
Court's wording
Each proposed exhibit shall be submitted as a separate file with a file name that reflects the party offering it and the exhibit number (e.g., PlaintiffExhibit1, PetitionerExhibit2, DefendantExhibit3, RespondentExhibit4, etc.);
The subject line for a submission email shall include the case number and the last name of at least one party;
The mediator shall summarize, in writing, the agreements reached by the parties in a format that would facilitate this summary being later signed by the parties as their final agreement.
The names, addresses and email addresses of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.
Each party must present the mediator with a brief written case summary at least 10 days before the conference, listing each party’s issues and including facts about the issue being mediated; other listed topics are optional, and a party seeking confidentiality should advise the mediator in writing when filing the summary.
Court's wording
At least ten (10) days before the conference, each party shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the party filing the summary wishes its contents to remain confidential, the party should advise the mediator in writing at the same time this summary is filed. The summary shall include the facts pertaining to the issue being mediated and may include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement.
The report shall be signed by the mediator and shall designate, “full agreement,” “partial agreement” or “no agreement”.
Filing & Service rules
Filing Timing and Cure Windows
A summary judgment motion may not be heard until at least ten days after service of the notice of motion under Supreme Court Rule 11.
(e) Summary Judgment: A motion for summary judgment will not be heard before ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 11 | Rule 5. Motions
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of said notice.
Page 13 | Rule 7-3(b) Notice
Required Financial Affidavits are due by the proposed-parenting-plan deadline or at least five days before the contested-issues hearing, whichever is sooner, unless the Court orders otherwise; an affidavit filed for temporary relief need not be refilled for permanent relief absent a substantial change.
(d) Time for Filing Financial Affidavits: Financial Affidavits, when required, shall be filed within the same time period set forth in 750 ILCS 5/602.10 for submitting proposed parenting plans, or at least five (5) days prior to the hearing on contested issues, whichever is sooner, or as otherwise ordered by the court. If such Affidavit has been filed for purposes of a hearing on temporary relief, an additional Affidavit need not be filed prior to hearing for permanent relief unless there has been a substantial change of anything included therein.
Page 16 | 8-3(d) Time for Filing Financial Affidavits
Materials intended for court review at a remote hearing must be submitted at least 48 hours beforehand through the county e-filing system or a designated Dropbox account.
All proposed exhibits, proposed orders, fully signed agreed orders, agreements or stipulations, and all other documents that any party intends to present to the court for review or consideration shall be submitted at least 48 hours prior to the scheduled remote hearing through the county e-filing system or to a designated Dropbox account, as designated by the Court or the Circuit Clerk, as follows:
Page 22 | Rule 10-8(f)(4)
The parties must contact the mediator within seven days after entry of the Mediation Order to arrange mediation.
Parties must contact the mediator within seven (7) days of the entry of the Mediation Order to set up mediation.
Page 29 | 11-7 Referral Procedure
The mediation status date must be set no later than seven weeks after the Mediation Order is issued.
A mediation status date will be set for no later than seven (7) weeks from the date the Mediation Order was issued.
Page 29 | 11-7 Referral Procedure
The Mediator Report must be filed before the status date and within 14 days after the last day of the mediation conference.
A Mediator Report, in compliance with 710 ILCS 35/7(b) must be filed prior to the status date and within fourteen (14) days after the last day of the mediation conference, and shall state the following:
Page 30 | 11-8 Mediator Report
The final draft of each mediated agreement must be presented to the court within 28 days after mediation concludes.
The final draft of each mediated agreement shall be presented to the court within twenty-eight (28) days following conclusion of mediation.
Page 32 | 11-11 Entry of Judgment Order
The mediator must file a report in the Chief Judge’s prescribed form within 14 days after mediation terminates.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in a form prescribed by the Chief Judge as to whether or not an agreement was reached by the parties.
Page 36 | (j) Report of Mediator
Unless the Court excuses the requirement, the petitioner must file receipts for all sums spent within 30 days after the withdrawal order is entered.
Unless otherwise excused by the Court, within 30 days after entry of the order for withdrawal, the petitioner shall file receipts for all sums expended.
Page 40 | 13-6 Withdrawal of Ward's Money
The Clerk must reject a citation petition that is not accompanied by the proposed citation or proposed order.
If the petition is not accompanied by the proposed citation or the proposed order, the Clerk shall reject the petition.
Page 44 | 13-11 Citation Proceedings
The moving party must call a filed motion for hearing within 90 days of filing or the court may strike it or set it for hearing.
5-3 Failure to Call Motions for Hearing: The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within ninety (90) days from the date it is filed, the court may strike the motion or set the motion for hearing.
Page 11 | Rule 5-3. Failure to Call Motions for Hearing
When no appeal is pending and no record action has occurred for six months, the Court may dismiss for want of prosecution, and the case may not be redocketed without good cause and leave of Court.
In all cases where no appeal is pending and there has been no action of record for a period of six (6) months, the Court may summarily dismiss the cause of action for want of prosecution and it shall not thereafter be redocketed without good cause shown and leave of Court.
Page 13 | Rule 7-3(a) Procedure
A defendant may notify the Clerk in writing that the claim is contested at least five days before the summons appearance date.
Notify the Clerk of the Court, in writing at least five (5) days prior to the appearance date on the summons, that he or she wishes to contest the claim
Page 19 | Rule 9. Special Rules Pertaining to Small Claims Cases
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
electronic filing shall be filed during the regular business hours of the Circuit Clerk of the county in which the document is filed.
Page 21 | Rule 10
Service and Proof of Service Rules
Notice that additional relief has been sought must comply with Supreme Court Rule 11.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.
Page 10 | Rule 5. Motions — 5-1(a) Notice Required
Notice of a motion made within a court day of trial must be given as the court directs.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 10 | Rule 5. Motions — 5-1(a) Notice Required
The party requesting a hearing must give written notice of all motions to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of the hearing of all motions shall be given by the party requesting hearing 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 notice.
Page 10 | Rule 5. Motions — 5-1(a) Notice Required
The notice must be served with copies of the written motion and accompanying papers, or a statement that those materials were previously served.
A copy of any written motion and of all papers presented therewith or a statement that they previously have been served, shall be served with the notice.
Page 10 | Rule 5. Motions — 5-1(b) Content of Notice
For a motion heard without prior notice, the attorney obtaining the order must serve notice on parties not in default and file proof of service with the clerk within two days after the hearing.
(c) Notice After 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, date of the 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 thereto; and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | Rule 5-2. Ex Parte and Emergency Motions
Motion hearing notices must be served by the second court day before the hearing, with completion determined by the delivery time and method.
(d) Time of Notice: Except as otherwise provided in these rules, service of a notice of hearing of any motion shall be completed no later than the second court day preceding the hearing. If a notice of hearing is delivered before 4:00 p.m. by either personal service, or by leaving it in the office of a party’s attorney or at an unrepresented party’s residence, then service of the notice is complete as of the day of delivery; if such notice is delivered at or after 4:00 p.m., then service of the notice is complete on the first court day following delivery. Service of a notice of hearing given by any other method is complete as set forth in Supreme Court Rule 12. (Amended 1/8/16)
Page 11 | Rule 5. Motions
Notices must be served in the manner and on the persons specified in Supreme Court Rule 11.
(c) Manner of Service: Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 11 | Rule 5. Motions
In civil matters, discovery requests must be served on the directed parties, and a copy must not be filed with the Clerk.
6-1 Discovery Compliance: In all civil matters an original request for discovery shall be made by serving such request upon the party or parties upon whom it is directed. A copy of the request shall not be filed with the Clerk of the Court.
Page 12 | Rule 6. Discovery
The Clerk must mail notice of a dismissal for want of prosecution to all self-represented parties and attorneys of record within ten days after dismissal.
Upon dismissal of any cause for want of prosecution, the Clerk of the Court shall give all pro se parties and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.
Page 13 | Rule 7-3(b) Notice
A copy of the subpoena and notice of service must be mailed first class to every party who has appeared within 48 hours after issuance.
a copy of said subpoena and notice of service shall be mailed first class within 48 hours of issuance to all parties having appeared in the action:
Page 14 | Rule 7-4(e) Form of Subpoena
Mail service may be proved prima facie with a delivery return receipt and an affidavit documenting the required mailing details, sent at least 14 days before compliance is due, with the fee and reasonable copy charges enclosed by check or money order.
Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his or her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and reasonable copy charges enclosed.
Page 14 | Rule 7-4(c) Response
Subpoenas issued under this Rule must be served in accordance with the Supreme Court Rules.
Subpoenas issued pursuant to this Rule shall be served in accordance with the Supreme Court Rules.
Page 14 | Rule 7-4(b) Service
In small claims cases, each defendant must be served with a summons substantially in the form prescribed by Supreme Court Rule 101(b), together with a copy of the complaint.
Summons, substantially in the form set forth in Supreme Court Rule 101(b), shall be served upon each defendant, together with a copy of the complaint.
Page 18 | Rule 9 Special Rules Pertaining to Small Claims Cases
A defendant filing a written motion or answer must serve a copy on all other parties who have appeared.
File a written motion or answer, with a copy served on all other parties who have appeared, in accordance with Supreme Court Rules 11 and 12
Page 19 | Rule 9. Special Rules Pertaining to Small Claims Cases
A copy of the mediation letter must be submitted to the other party or their counsel if represented.
Each may submit a letter to the mediator identifying the issues and their position within fourteen (14) days of the Mediation Order. The letter shall not exceed two (2) pages and a copy of same must be submitted to the other party or their counsel, if represented.
Page 29 | 11-7 Referral Procedure
An attorney who submits a letter to the mediator must provide a copy to opposing counsel or the opposing party.
The attorney shall provide a copy of such letter to the opposing counsel or party.
Page 31 | 11-9 Litigation Status
When issuing a Rule to Show Cause, the Clerk must mail notice of the contempt proceeding and its return date to all persons interested in the estate, including unpaid creditors.
(4) At the time of the issuance of a Rule to Show Cause required by this rule, the Clerk shall mail notice of the pendency of the contempt proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 42 | 13-8(d)(4) Periodic Accounting Not Filed
Unless the entitled person waives notice, notice of the hearing must be given to any ward, each claimant with a filed claim that remains undetermined or unpaid, and all other interested persons.
(1) Unless waived by the person entitled thereto, the notice of hearing shall be given to the ward (if any), to each claimant whose claim is filed and remains undetermined or unpaid (if any), and to all other interested persons (as defined by Section 1-2.11 of the Illinois Probate Act, if any).
Page 42 | 13-8(e)(1) Notice of Accounting
The clerk must mail the attorneys of record, or the representative if there are no attorneys of record, notice that the account is due and notice of the hearing date and time.
(1) The clerk shall mail to the attorneys of record in the estate, or, if none, to the representative, a notice that the account is due together with a notice of the date and time for a hearing on the account.
Page 42 | 13-8(d)(1) Periodic Accounting Not Filed
The hearing notice must be given and served in accordance with Supreme Court Rules 11 and 12.
(3) The notice of hearing shall be given and served in accordance with Supreme Court Rules 11 and 12.
Page 42 | 13-8(e)(3) Notice of Accounting
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
The requesting party may be directed to provide to all other parties, within 7 days (or sooner if so ordered), true and correct copies of the return of documents and reasonable access to inspect any tangible thing.
Page 15 | 7-4(g) Procedure on Return
The mediator must give a copy of the written summary to the parties and their attorneys, if any.
A copy of this summary shall be given to the parties and their attorneys, if any.
Page 28 | 11-4(e) Written Agreements
Filing Fees and Waivers
A jury demand and payment of the jury fee precede the Court setting the case for jury trial.
Upon a demand for trial by jury and payment of the jury fee, the Court shall set the cause for jury trial following such pretrial conferences, settlement conferences and other proceedings as the court deems appropriate.
Page 19 | Rule 9. Special Rules Pertaining to Small Claims Cases
The court will take notice of filing fees and summons-service costs only when payment is evident from the court file.
The court will only take notice of filing fees and service of summons costs, the payment of which is evident by examination of the court file.
Page 18 | Rule 9 Special Rules Pertaining to Small Claims Cases
The Mediation Order must allocate the mediation fee between the parties or provide that indigent parties are not required to pay a fee.
The court shall also designate in its Mediation Order what percentage of the mediation fee should be paid by each party, or whether the parties should not be required to pay any mediation fee because they have been found to be indigent persons, pursuant to 735 ILCS 5/5-105.
Page 30 | 11-7 Referral Procedure
Sealing & Redaction Procedures
Unless the Court orders otherwise, the Clerk must impound filed Financial Affidavits and make them available only to the specified courts, parties, attorneys of record, and other persons directed by the Court.
(c) Impounding of Financial Affidavits: Unless otherwise ordered by the Court, any Financial Affidavit presented for filing shall be impounded by the Clerk and shall be made available only to the Court, to an appellate court in which the proceedings are subject to review, to the parties and their attorneys of record, and to such other persons as the Court directs.
Page 16 | 8-3(c) Impounding of Financial Affidavits
Filing Bundling Requirements
The person seeking the specified relief, or that person’s attorney, must present the prove-up materials together in a single package before testimony begins.
It shall be the responsibility of the person seeking either to affect the marital status of the parties or to establish or modify parental responsibilities, or that person’s attorney, to present to the Court for prove-up, in a single package and prior to the commencement of any testimony, the following:
Page 17 | Rule 8-5 Requirements for Judgment
Adjournment & Extension Requirements
A personal representative or attorney seeking an extension to a definite date or less frequent accounting must submit a written request stating the reasons; for good cause, the Court may consider it without notice or hearing, but may direct notice of any new hearing date to interested parties.
Requests for an extension of time to a definite date or for an order allowing the accounting in a particular estate less frequently than above provided shall be made by written request of the personal representative, or his or her attorney, specifying the reasons for the request. On a showing of good cause, this request may, in the Court’s discretion, be considered by the Court without notice or hearing; provided, the personal representative, or his or her attorney, shall then be directed to provide notice to all interested parties of any new hearing date.
Page 41 | 13-8(c) Requests for Extension of Time to File
A party may move to defer mediation within 14 days after the referral order; the hearing must be set before the scheduled mediation date, interested parties and any appointed mediator must receive notice, the motion must detail its supporting facts and circumstances, and mediation is tolled while the motion is pending.
Within fourteen (14) days of the Order of Referral, any party may file a motion with the court to defer the mediation. The movant shall set the motion to defer the mediation proceeding prior to the scheduled date for mediation. Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed. The motion shall set forth in detail, the facts and circumstances supporting the motion. Mediation shall be tolled until disposition of the motion.
Page 33 | 12-3 Scheduling of Mediation
The mediator may adjourn the mediation conference at any time and set a reconvening time; parties present at the adjourned conference need no further notification.
(f) Adjournments: The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the adjourned conference.
Page 35 | Rule 12. Civil Mediation
Chambers Communication Rules
Attorneys must promptly notify the Judge when a case settles before trial.
In the event of settlement prior to trial, the attorneys for the parties shall notify the Judge promptly.
Page 13 | Rule 7-1(d) Settlement Prior to Trial
Attorneys must promptly notify the Judge of a pretrial settlement and must also personally notify the Clerk immediately if settlement occurs within 72 hours before trial.
In the event of settlement prior to trial, the attorneys for the parties shall notify the Judge promptly. If same occurs within seventy-two (72) hours preceding the time for commencement of trial, said attorneys shall additionally notify the Clerk of the Court, instanter, personally, in order that unnecessary juror expense can be avoided.
Page 13 | Rule 7-1(d) Settlement Prior to Trial
Judges and their reporters must promptly notify the Chief Judge’s Office of their availability for special assignment when daily or trial matters are continued, settled, or delayed.
All Judges, and the reporters assigned to them, shall promptly notify the Chief Judge’s Office of their availability for special assignment whenever their daily or trial matters are continued, settled or otherwise delayed.
Page 3 | County Judicial Assignments