Circuit Court of Gallatin County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Phone
Clerk
Document Format Requirements4 rules
Pleadings and other papers in civil and criminal cases must be neatly typed or printed with at least double spacing in the main body, subject to the listed exclusions.
- Line spacing
- Double
- Pleading
- Court paper
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.
In civil and criminal cases, the main body of filed pleadings and papers must be neatly typed or printed with spacing at least equivalent to double 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.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements50 rules
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.
Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties.
Court's wording
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.
A motion seeking relief concerning specified discovery materials must be accompanied by filed copies of the disputed portions.
Court's wording
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.
When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, remote-access details, participation instructions, and courthouse and clerk contact 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.
No party or attorney shall address the court before filing such written appearance.
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.
When filing the specified heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.
- Document
- Heirship affidavit filing
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.
In civil cases, a pleading or appearance must identify the circuit, county, parties and their designations, and case number to be accepted for filing.
- Document
- Pleading or 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.
A party or counsel must file an appearance containing their name, address, and telephone number and serve a copy on every other party who has appeared.
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.
Private-counsel summonses, notices, and court-date orders filed in the Circuit must include the specified remote-appearance 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.
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.
A pro se appearance waiving notice or consenting to an immediate hearing must state that the party received the pleading seeking relief and attach that pleading, unless a statutory or rule-prescribed appearance form applies.
Court's wording
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.
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.”
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.
No party or attorney shall address the court before filing such written appearance.
A written appearance without further pleading must meet Rule 5(a), be acknowledged as specified, and include and attach any pleading when it waives notice or consents to an immediate hearing, subject to the statutory-form exception.
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.
An out-of-state attorney must obtain pro hac vice admission before filing an appearance for another, on a motion and affidavit in substantially prescribed forms that disclose the attorney's prior Illinois cases.
Court's wording
Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice. The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
A motion hearing notice must identify the action and hearing details, state the motion's nature, and include the motion and accompanying papers or a statement that they were previously served.
Court's wording
(b) Content of Notice. 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.
Civil pleadings and entries of appearance must state the circuit and county, party names and designations, and case number to be accepted for filing.
- Document
- Pleading or entry of appearance
Must include
- •Case number
Court's wording
(a) Pleadings. 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.
Each party must prepare an exhibit list in the required form with each exhibit’s identifying mark and a brief description, and present two copies at trial, hearing, or a final pretrial conference.
Court's wording
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.
Before trial or hearing, or at a final pretrial conference if held, each party must identify and mark exhibits; absent a court order otherwise, plaintiffs use numbers and defendants use letters.
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.
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.
In all cases involving unliquidated damages, the plaintiff shall make proof of damages in open court before judgment is entered.
If the Defendant does not enter his appearance on or before the return day, a default judgment shall be entered on the complaint if the plaintiff or his counsel is present in open court and either the complaint is verified or an appropriate affidavit is attached.
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.
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.
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.
In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.
Court's wording
Affidavit of Parties. 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.
Response. 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.
Time for Filing. 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.
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.
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.
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."
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
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).
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.
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 submit a written, signed report designating the outcome and file it within 14 days after the last day of mediation.
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.
If the parties reach a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will 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 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.
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.
Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the court’s website.
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.”
Summonses, notices, and court-date orders issued by private counsel and filed in Second Judicial Circuit cases 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-date orders must include the listed remote appearance 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.
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.
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.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.
Court's wording
(k) Coordination of Hearing Date. 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.
Sheriffs must certify prisoners’ custody periods in the required form, and defendants in criminal and traffic cases must provide work schedules and other information in that form when the court requires it.
Court's wording
Sheriffs shall certify the periods prisoners have been in their custody substantially in the form required by Administrative Order of the Chief Judge and, when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.
Filing & Service rules
Electronic Filing Rules
During the mediation stay, pleadings about mediated issues require leave of court, subject to the listed exceptions.
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.
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
The Clerk must 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 6 | Rule 6. Pleadings
A complaint or petition seeking ex parte specified relief must be filed with the clerk before applying to a judge, if the clerk's office is open.
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
Filing Timing and Cure Windows
Noncompliant summonses, notices, and court-date orders are subject to e-filing rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
A party filing a pleading by leave of court or under the specified endangerment or withdrawal exceptions must immediately present it to the trial judge for a hearing setting.
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 .
A written motion requesting permission to appear remotely must be filed at least 48 hours before the relevant 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.
A summary-judgment motion may not be heard earlier than ten days after service of its notice of motion.
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.
Discovery portions reasonably anticipated to be used at trial or needed for a motion must be filed at the start of trial or 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.
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.
When the Clerk’s office is open, a complaint or petition seeking specified ex parte relief must be filed with the Clerk 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.
When seeking relief concerning discovery materials, the disputed portions must be filed with the Clerk contemporaneously with 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
Anticipated discovery materials to be used at trial or needed for a motion must be filed with the Clerk at the outset of trial or 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
Mediators must file a statistical report on the prescribed form with the Trial Court Administrator at least quarterly.
All mediators shall file a statistical report on a prescribed form with the Trial Court Administrator at least quarterly.
Page 19 | J. Statistical Reporting
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.
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 | Rule 21. Mediation Program (both non-judicial & judicial)
The mediator must file the 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(b)
Noncompliant summonses, notices, and court-date orders 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
A written motion requesting permission to appear remotely must be filed at least 48 hours before the relevant court date, excluding weekends and holidays, and the request applies only to that court date unless the judge grants otherwise.
2. File a written Motion with the Clerk of the Court requesting permission from the presiding judge to appear remotely. 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. 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.
Page 34 | G. Requests to Appear Remotely When Approval is Required
The parties must choose a mediator within seven days; if they cannot agree, each must submit three proposed mediators to the presiding judge within the following seven days.
The parties shall choose a mediator within seven (7) days. In the event that the parties are unable to agree upon a mediator within said time period, within seven (7) days thereafter, each party shall submit a list of three (3) proposed mediators to the judge presiding who shall assign a mediator from the lists submitted.
The Clerk must prioritize written remote-appearance motions and forward them to the presiding judge for a ruling.
All written Motions shall be given priority and forwarded to the attention of the presiding judge by the Clerk of the Court for ruling on said Motion.
Discovery papers not already in the record that are needed for an appeal must be filed with the Clerk upon application to an order of the court.
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
Service and Proof of Service Rules
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.
The responding party must file a substantially similar affidavit at the pretrial conference or at least three days before a contested hearing, with 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.
Each party must file a financial affidavit and settlement-conference memorandum and provide a copy to the opposing party 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.
The moving party must file the required matrimonial affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and include proof of service 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.
Motion-hearing notice must be served in the manner 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.
After a motion is heard without prior notice, the attorney obtaining the order must serve specified written hearing information on nondefaulting parties 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.
The mediator must sign and file the mediation report within 14 days after mediation ends and serve a copy on all parties.
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.
Personal service of 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.
A copy of the written appearance must be served on all other parties who have appeared, using the manner prescribed for serving pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
A copy of the written appearance must be served as prescribed for pleading copies on all other parties who have appeared.
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
The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
(a) Notice. 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
Motion hearing notice must be served in the manner and on the persons prescribed by Supreme Court Rule 11.
(c) Service of Notice. Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | Rule 9. Motions
A summary judgment motion may not be heard until at least ten days after service of its notice of motion under Supreme Court Rule 11.
(e) Summary Judgment. 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
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case, hearing, judge, and order information on parties not found in default.
(h) 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, 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.
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.
(d) Time of Notice. 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
Post-hearing 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 by Supreme Court Rule 11.
Page 8 | Rule 9. Motions
Objections to an order to show cause must be 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
Orders to show cause must be served personally, by regular mail to the respondent’s last known address as specified, or by 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 11 | Rule 16. Orders to Show Cause
The moving party must provide proof of service for the affidavit pursuant to Supreme Court Rule 12, unless the court orders otherwise.
Time for Filing. 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
The responding party’s affidavit must include appropriate proof of service.
Response. 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
A copy of each party’s financial affidavit and settlement conference memorandum must be provided to the opposing party 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
An intent to repudiate must be sent to the other party’s attorney, or 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 | Rule 21. Mediation Program (both non-judicial & judicial)
The mediator must transmit the prepared agreement to the parties and every attorney of record.
In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record.
Page 21 | Rule 21. Mediation Program (both non-judicial & judicial)
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 25 | Rule 23. Civil Mediation Program, 9(b)
The timing for 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).
The requirements for motion hearing notice given by mail are governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 8 | Rule 9. Motions
Parties may submit specified settlement-conference materials to the court and opposing party at least seven days before the conference.
Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.
Parties may submit pertinent materials to the court and provide a copy to the opposing party at least seven days before the settlement conference.
Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.
Page 13 | Rule 19: Pretrial Conferences in Family Cases
Filing Fees and Waivers
The Clerk must refuse to 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.
The appearance fee is due when the party first appears, and must accompany 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.
One appearance for multiple parties requires one appearance fee, while 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 is due when the party first appears and must accompany 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 filing fee is paid or waived under Supreme Court Rule 298.
(b) Filing Fee. 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
Separate appearances for multiple parties require separate appearance fees, whether entered by the same or different counsel.
If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
An attorney entering one appearance for multiple parties pays one appearance fee.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee.
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
A person cited in the specified supplementary proceedings does not owe 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, Illinois Revised Statutes chapter 110, section 2-1402 and Illinois Supreme Court Rule 277. , Illinois Revised Statutes chapter 110A, section 277.
Unless a support order provides otherwise, support payments must be made as provided by law.
Unless otherwise provided in an order for support, all support payments shall be made as provided by law.
Local counsel who files the required written appearance does not owe an appearance fee.
When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
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.
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
Pre-Motion Conference Requirements
After referral to mediation, proceedings are stayed until the post-mediation case-management conference, except for continued conferences, discovery, and presentation of agreed matters.
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.
A hearing on a contested matter, including discovery enforcement, may not proceed sooner during the mediation stay without leave of court for good cause on written motion.
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
The court may hear emergency or legally ex parte motions without calling them for hearing, and should prioritize emergency motions whenever possible.
Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.
Adjournment & Extension Requirements
If either party is not ready, 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 cases, additional continuances require good cause.
Additional continuances shall not be granted without good cause shown.
Mediation must be completed within 60 days of assignment unless good cause is shown, and either party may petition for additional time if it is not completed by then.
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.
If mediation is not completed within 60 days of assignment, either party may petition for additional time; the deadline may be extended for good cause.
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
Chambers Communication Rules
Participants may contact the relevant county Circuit Clerk’s Office for remote-appearance information, including login credentials and phone dial-in information.
The Circuit Clerk’s Offices of the Second Judicial Circuit may be contacted as follows:
Participants should obtain remote login credentials and phone-only dial-in information from the relevant Circuit Clerk’s Office.
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.
Participants attending by phone may obtain dial-in information from the applicable county Circuit Clerk’s Office.
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.
Page 27 | Rule 24.B. How to Appear Remotely