Circuit Court of Grundy County, Illinois (13th Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- A motion to continue may be allowed only upon a showing of good cause.
- Counsel's agreement to continue a matter does not bind the court.
- The court may require affidavits from the parties and counsel on a motion to continue.
- +1 more
Request must include
Page & Word Limits1 rule
11. TRIAL BRIEFS: The Pretrial Order may include a trial brief for each party not exceeding four (4) pages unless leave of court to the contra is granted.
Trial Brief
4 pages
Document Format Requirements11 rules
With the exception of forms and exhibits, only one side of each page shall be used.
Upon presentment to the Clerk, the Clerk shall place a file mark on the first page of each document in the upper right-hand corner.
shall not contain a backing sheet
contain a space at least 2 by 2 inches at the upper right portion of the first page for the Clerk's file mark
if such pleading contains more than one page, shall be stapled at the upper right and left corners.
The required arrest-warrant warning in covered hearing notices must be in bold type or underlined.
Notices of hearing to discover assets, petitions for adjudication of contempt, and any other hearing where a warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."
Documents exceeding the file-size allowance must be divided into appropriately sized parts; each document is currently limited to 25 MB and each filing transaction to 35 MB, subject to possible increases as technology advances.
If a document exceeds the maximum size allowed, the filer will file multiple documents, each under the maximum file size. In such case, the filer will be responsible for dividing the document into appropriately sized parts. Currently the maximum file size allowed for each document is 25MB, with a total maximum size of all documents filed in one transaction at 35MB. Maximum file size allowances may increase as technology advances allow.
The interrogatories shall be reasonably spaced so as to permit the answering party to make his answer on the interrogatories served on him.
Documents filed by pro se parties that do not comply with the format specified by the applicable order, statute, or rule shall be reviewed for acceptance by the court prior to rejection.
Documents filed by attorneys that do not comply with the format specified by the applicable order, statute, or rule may be rejected.
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the requirements set by the EFM.
Document Filing Requirements89 rules
All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Link or instructions where to obtain this Zoom information, (2) dial-in information, and (3) the courthouse address and courtroom number.
DocumentSummons Notice Or Court Order Setting Court Date
At the commencement of a criminal or civil trial with an approved request for extended media coverage, the judge must give the jury the specified admonishment.
The judge shall give the following admonishment to the jury at the commencement of any criminal or civil trial with an approved request for extended media coverage: In this case, I have approved a request to allow the news media to [video] [record] [photograph] [livestream] [blog] the proceedings. This is permitted by the Illinois Supreme Court and is subject to numerous restrictions contained in the Policy for Extended Media Coverage in the Circuit Courts of Illinois. The policy regarding cameras in the courtroom is very strict and the court closely monitors every policy provision. In general, the policy permits the news media to film, record, and photograph the courtroom setting, the participants in the trial, and any persons who might be in the audience. The policy does not permit the ===== PAGE 6 ===== news media to film or photograph any of you as jurors or the jury panel in the courtroom or outside the courtroom. The presence of cameras does not make this case more important than any other. All trials are equally important to the court and the involved parties. You should not draw any inferences or conclusions from the fact that cameras are present at this particular trial. The news media is generally able to choose which portion or portion(s) of the trial they wish to attend. Therefore, their attendance may be periodic from day to day. Also, the news media may not film or photograph certain witnesses. You are not to concern yourself with why certain witnesses are filmed or photographed and others are not. Whether a particular witness is filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony. You should ignore the presence of any cameras. If you find at any time that you are distracted or unable to concentrate because of the cameras, please notify me immediately.
DocumentJury Admonishment
When news media is present during any portion of a criminal or civil trial, the judge must give the specified instruction to the jury.
The judge shall give the following instruction to the jury when news media is present at any portion of a criminal or civil trial: In this case, the news media was permitted to [video] [record] [photograph] [livestream] [blog] the proceedings pursuant to the Illinois Supreme Court Policy for Extended Media Coverage in the Circuit Courts of Illinois. In your deliberations, you should not draw any inferences or conclusions from the fact there was extended media coverage at this trial or proceeding. Nor should you concern yourself with why certain witnesses were filmed or photographed and others were not. Whether a particular witness was filmed or photographed is not any indication as to the value of, or weight to be given to, that witness's testimony.
DocumentJury Instruction
All pleadings shall include a cause entitlement and number
DocumentPleading
A hearing notice must identify the action, hearing date, time, courtroom, and nature of the motion.
The notice of hearing shall contain the title and number of the cause of action, date and time when the motion will be heard and designated courtroom, and shall include a short statement of the nature of the motion.
DocumentNotice Of Hearing
The notice shall state the title and number of the cause of action, name of the judge who heard the motion, date of hearing, and the order of the court.
DocumentNotice Of Hearing
Motions presented and ruled upon before one judge shall not be renewed before another judge without leave of court and a statement in the notice of hearing that the motion has previously been ruled upon, naming the judge who ruled on the motion.
DocumentNotice Of Hearing
Unless waived by the court, at least five (5) days prior to a contested trial, the parties shall submit to the court and opposing counsel a summary statement of points and authorities citing all cases and statutes which they expect to argue. The statement may be in summary form similar to that provided in Supreme Court Rule 341(e)(1). Unless otherwise directed by the court, this rule shall not apply to traffic, ordinance, and small claims cases.
DocumentSummary Statement Of Points And Authorities
It shall be the duty of the attorneys for each of the parties involved in a cause of action to prepare a full and complete typewritten pre-trial memorandum similar in form to Appendix A and B of these rules.
DocumentPretrial Memorandum
In jury cases, the State's Attorney in criminal cases or the plaintiff's attorney in civil cases must submit a Statement of the Nature of the Case with the specified information, including an expected-witness list if the court requests one.
In all jury cases, the State's Attorney in criminal cases, and the plaintiff's Attorney in civil cases, shall prepare and submit to the court and opposing parties a Statement of the Nature of the Case to be read by the court to the venire prior to voir dire examination. The statement shall include the time, date and place of the alleged occurrence or offense and a brief description thereof, the name of the parties involved and their counsel, and, when requested by the court, a list of witnesses whom the parties expect to call.
DocumentStatement Of Nature Of The Case
Covered post-judgment hearing notices must include the specified arrest-warrant warning in bold type or underlined.
Notices of hearing to discover assets, petitions for adjudication of contempt, and any other hearing where a warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."
DocumentPost Judgment Hearing Notice
When the court enters a final judgment in any cause of action, it may direct that a written order be submitted. All orders shall be tendered to opposing counsel for approval as to form before being signed by the court. In the event of a dispute as to form, the court shall decide the controversy after hearing from all counsel. Approval in form shall not be construed as approval in substance and the court may sign the order even though approval is withheld.
DocumentWritten Order
(b) Failure to provide said package to the Court prior to the hearing shall result in the Court not hearing the matter at the requested time for hearing”.
DocumentProve Up Package
In all proceedings in which there is a dispute involving property and/or debts, temporary or permanent maintenance, and/or temporary or permanent child support, each party shall file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
DocumentFinancial Affidavit
Documents affecting marital status must conform to the specified statutes and include findings on jurisdiction, the marriage, children, pregnancy, and any other appropriate matters.
All documents purporting to affect the status of marriage shall conform to the provisions of: 1) 750 ILCS 5/301 et seq. or 2) 750 ILCS 5/401 et seq. or 3) 750 ILCS 5/402 et seq., all as from time to time amended, and shall contain findings relating to: 4) Jurisdiction of the subject matter and of the parties. 5) The date and place of marriage. 6) Whether any children were born or adopted to the marriage, their names and birthdates, and whether the wife is pregnant. 7) Such additional findings as may be appropriate.
DocumentDocuments Affecting Marital Status
Said Final Pre-Trial Stipulation shall include all stipulations of the parties as to all permanent issues, an itemization of all property which is claimed as marital and non-marital, together with a proposed fair cash market value of each item and proposed distribution of marital and not- marital debt. All exhibits to be submitted by each party shall be identified on the Pre-Trial Stipulation.
DocumentFinal Pretrial Stipulation
In post-judgment financial proceedings other than judgment enforcement, the moving party must file a Financial Affidavit with supporting documentary evidence when filing the motion or petition.
In all post-judgment proceedings involving financial matters, other than for enforcement of a judgment order, the moving party shall, at the time the motion or petition is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
DocumentPost Judgment Motion Or Petition
The responding party shall file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
DocumentResponding Party Financial Affidavit
A proceeding on a Rule to Show Cause involving delinquent child support must include an Affidavit of Amount Due filed with the petition.
In all proceedings on Rules to Show Cause where the issue of delinquent child support is at issue, an "Affidavit of Amount Due" (similar to that found in Appendix E) shall be filed, contemporaneously with the filing of the petition.
DocumentPetition
Support and maintenance orders must state the obligor’s net and/or gross income on which child support is based.
All orders for support and/or maintenance submitted to the Court shall set forth, in addition to the requirements of 750 ILCS 5/505, the net income and/or gross income of the obligor upon which the child support is based.
DocumentSupport And Maintenance Order
A support order must state a dollar amount payable toward post-order delinquency, and that amount cannot be less than 20% of the specified combined support and arrearage-payment amounts.
Contain a dollar amount to be paid until payment in full of any delinquency that accrues after entry of the order for support. The amount for payment of delinquency shall not be less than 20% of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the order for support; and
DocumentSupport Order
A support order must include the obligor’s Social Security number and, if the obligor is not a U.S. citizen, the specified identification numbers when applicable.
Include the obligor's Social Security Number, which the obligor shall disclose to the court. If the obligor is not a United States citizen, the obligor shall disclose to the court, and the court shall include in the order for support, the obligor's alien registration number, passport number, and home country's social security or national health number, if applicable.
DocumentSupport Order
Failure to provide the above information in the order shall prevent entry of the order by the court.
DocumentSupport Order
Provide for a termination date for said support and/or maintenance.
DocumentSupport And Maintenance Order
An attorney-fee award against a client requires a previously filed verified fee petition and a billing itemization showing hourly cost, time spent, and tasks performed.
No award of attorney's fees on behalf of an attorney against his client shall be made without the prior filing of a verified petition for attorney's fees and an itemization of the billing, including the hourly cost, the time spent on the case, and an itemization of the tasks performed.
DocumentAttorney Fee Petition
The moving party must file a Financial Affidavit with supporting documentary evidence when filing the petition and supporting affidavits.
In all proceedings involving a petition for interim attorney fees and costs or for contribution to attorney fees and costs brought pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Parentage Act of 2015, the moving party shall, at the time the petition and supporting affidavit(s) is filed, file a Financial Affidavit with supporting documentary evidence (using in all proceedings the form with documentary evidence as required by 750 ILCS 5/501(a)(1)).
DocumentFinancial Affidavit
The responding party must file a Financial Affidavit with supporting documentary evidence when filing the responsive pleading.
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
DocumentFinancial Affidavit
A final Judgment will not be entered between the parties until a certificate is presented to the Court indicating that the parties have completed the program.
DocumentCertificate
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
DocumentMediation Confidentiality Agreement
Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties’ failure to reach an agreement.
DocumentFinal Mediator Report
4) Written Order Required. Upon imposition of sanctions, the court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions imposed.
DocumentJudgment Order
An indirect criminal contempt proceeding must begin with a filed petition that is verified and describes the alleged conduct particularly.
1) Petition for Adjudication. An indirect criminal contempt proceeding shall be initiated by the filing of a petition for adjudication of indirect criminal contempt. The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.
DocumentPetition For Adjudication Of Indirect Criminal Contempt
7) Written Order Required. Upon an adjudication of contempt, the court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.
DocumentJudgment Order
When a will is in a language other than English the petitioner shall file a typewritten copy of the will along with the petition to probate and a certification by a qualified translator that a translation of the will is true and correct.
DocumentPetition To Probate
A petition to probate a handwritten will must include a typewritten copy and an affidavit confirming its accuracy.
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 attorney that the typewritten copy is true and correct to the best of his knowledge.
DocumentPetition To Probate
The petition shall designate the type of proceeding and shall employ the same case number as the estate to which it relates with the suffix "A", "B", "C", etc.
DocumentSupplemental Proceedings Petition
A petition to use a ward's estate for support, comfort, or education must state the estate's present value, the ward's available annual income, and the expenditure's purpose.
A petition of a guardian or conservator 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 estate shall state the present value of the estate, the annual income available to the ward, and the purpose of the proposed expenditure.
DocumentPetition For Expenditure From Wards Estate
If the proposed investment is to be purchased directly or indirectly from the guardian or from any firm or corporation in which the guardian has an interest or of which he is an officer or director, the petition shall so state.
DocumentGuardian Investment Petition
A guardian's petition to invest a ward's property must identify the applicable statutory investment category and state that the investment complies with that category's limits.
A petition of a guardian to invest the ward's property shall identify the category of investment pursuant to Section 21-2 et.seq. of the Probate Act of 1975, in which the proposed investment falls and shall state that the proposed investment complies with the limitations applicable in that category.
DocumentGuardian Investment Petition
If so ordered by the court, each person signing as personal surety on a bond shall present a verified schedule in the form prescribed by the court and agree in writing that he will not convey or encumber the real estate described therein until he is released from liability.
DocumentPersonal Surety Schedule
An individual guardian who takes possession of a safe deposit box of his ward shall initially open it in the presence of the surety on his bond or a representative of the depository and shall prepare an itemized inventory of the entire contents, which shall be filed with the Clerk.
DocumentSafe Deposit Box Inventory
An amended or supplemental inventory must be presented and filed if prior property descriptions or asset inclusions were erroneous, or additional assets are received or discovered.
An amended or supplemental inventory shall be presented to the court and filed if: 1) real or personal property has been erroneously described in the prior inventory; or 2) assets have been improperly included in or excluded from a prior inventory; or 58 ===== PAGE 60 ===== 3) additional assets have been received by the representative or have come to his knowledge.
DocumentAmended Or Supplemental Inventory
Each inventory and amended or supplemental inventory shall be presented to the court for filing.
DocumentInventory
Unless the original is lost or destroyed, it shall be exhibited to the court at the hearing.
DocumentClaim
If mailing or delivery of the claim is waived and the claim is consented to in writing, the clerk shall forthwith notify the court and judgment for the amount claimed shall be entered thereon.
DocumentClaim
A claim founded upon a written instrument shall be accompanied by a copy of the instrument.
DocumentClaim
The attorney for a representative petitioning to settle a covered personal injury or wrongful death claim must include a written certification that the proposed settlement is just and proper based on the facts and law.
If a petition for leave to settle a cause of action for personal injuries sustained by a ward or decedent or a cause of action for the wrongful death of a person whose estate is in the course of administration is presented by a representative, his attorney shall certify in writing, as part of the petition, that in his opinion, based upon the facts and law, the proposed settlement is just and proper.
DocumentSettlement Petition
No settlement on behalf of a minor or disabled adult will be authorized unless a statement of the attending physician or surgeon is filed with the petition stating the nature and extent of the injury and the current medical condition of the ward.
DocumentSettlement Petition
If an attorney asks for any expense beyond his fee, he shall furnish the court with his affidavit certifying to the reasonableness, necessity, and propriety of the expense.
DocumentExpense Request
The application shall have incorporated in, or attached thereto, a copy of the order of the hearing judge.
DocumentApplication To Open Estate
A petition for approval of an assignment or power of attorney must be verified and include the specified identifying, interest, consideration, fee, and expense information.
The petition for approval shall be verified and state: 1) the names and addresses of the assignor and assignees; 2) the nature and value of the interest involved; 3) in the case of an assignment, the consideration, if any, paid or to be paid to the assignor, and the fees and expenses charged or to be charged in connection therewith; and 4) in the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents and representatives.
DocumentPetition For Approval
The recipient must provide evidence of the principal’s entitlement, and a power of attorney or assignment must be signed and authenticated and acknowledged before an American Consul unless the judge accepts other evidence of authenticity.
The foreign representative, attorney-in-fact, or assignee shall present satisfactory evidence that his principal is the person entitled to receive the distributive share. Each power of attorney or assignment shall be signed by the distributee and properly authenticated and acknowledged before an American Consul, unless the judge is satisfied with other evidence of the authenticity of the power of attorney or assignment.
DocumentPower Of Attorney Or Assignment
A foreign representative or attorney-in-fact must furnish court-prescribed bond with surety, unless the court waives it.
Unless waived by a court, the foreign representative or attorney-in-fact shall furnish bond with surety in an amount set and in a form prescribed by the court, and conditioned upon payment and delivery of the distributive share to the distributee.
The foreign representative or attorney-in-fact shall present his petition for leave to receive the share in the form prescribed by the court.
DocumentPetition For Leave To Receive Distributive Share
The foreign representative or attorney-in-fact shall acknowledge receipt in writing of the distributive share received from the representative and shall certify in the receipt that his authority to receive the distributive share has not been revoked. The representative shall file the receipt and certificate with his vouchers.
DocumentReceipt And Certificate
The notice form must explain the mediator’s evaluation for possible loan modification or workout and the alternative foreclosure-resolution options if modification is infeasible or the borrower does not wish to keep the home.
(c) The form shall include a provision that the case will be evaluated by an outside mediator for possible loan modification or other loan workout. The notice shall further state that if such modification is not deemed feasible, or the borrower does not desire to save his or her home, then mediation may still be used to assist the parties in discussing a consent foreclosure, short sale or deed-in-lieu of foreclosure in which the lender will waive any deficiency against the borrowers.
DocumentMediation Notice Form
The form must advise the defendant borrower to bring specified financial information that may assist with loan-modification discussions.
(d) The form shall include language advising the defendant borrower to bring certain financial information (such as the borrower’s monthly income, work status and expenses) that may assist in discussions for a loan modification
DocumentForm
(e) Lastly, the notice shall indicate that the financial information shall be held in strict confidence by the mediator and not disclosed to any other party without the consent of the defendant.
DocumentNotice
Filing & Service rules
Electronic Filing Rules
Wills and other testamentary documents may not be filed electronically.
Wills or other testamentary documents shall not be accepted for filing electronically.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Electronic filing is mandatory in civil case types through the Supreme Court-authorized EFM effective January 1, 2018.
On January 22, 2016, the Supreme Court amended M.R. 18368, mandating electronic filing in civil case types effective January 1, 2018 through the utilization of a centralized electronic filing manager (EFM) authorized by the Supreme Court.
Page 77 | 13.1 AUTHORITY
Physical items that cannot be adequately filed electronically must be filed in physical form at the Clerk’s office or courtroom as directed by court order.
Items not conducive to electronic filing, such as physical exhibits for which an image will not suffice shall be filed in their physical form at the Clerk’s office or in the courtroom, as directed by order of court and in conformity with the Supreme Court’s Order M.R. 18368 filed January 22, 2016.
Page 78 | 13.7 FILING OF EXHIBITS
Electronic filing is required in all civil case types effective January 1, 2018.
The Circuit Court hereby requires electronic filing in all civil case types effective January 1, 2018
Page 78 | 13.6 METHOD OF FILING
Filers must register with the EFM through an authorized EFSP before electronically filing any document.
All filers shall register with the EFM through an authorized EFSP, prior to filing any document electronically.
Page 78 | 13.5 AUTHORIZED USERS
E-filing through e-File IL is permitted for specified criminal and juvenile cases only after case initiation and assignment of a case number, but not for the listed quasi-criminal case types.
This Court hereby authorizes electronic filing in criminal case types (Criminal Felony (CF), Criminal Misdemeanor (CM), Driving Under the Influence (DT) and juvenile case types (Juvenile (J), Juvenile Abuse and Neglect (JA), and Juvenile Delinquency (JD)) in a permissive manner through e- File IL. Permissive e-Filing of criminal and juvenile cases through e-FileIL applies only to filings after the case has been initiated and assigned a case number. Criminal and juvenile case initiation in the circuit courts should continue using current practices. Permissive e-filing through eFileIL does not include quasi-criminal case types: Traffic (TR), Ordinance Violation (OV), Conservation (CV) and Civil Law (CL).
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Incarcerated self-represented litigants are exempt from e-filing but are encouraged to e-file when the facility makes it available.
Self-represented litigants incarcerated in a federal, state or local correctional facility shall not be required to e-File documents but are encouraged to do so if e- Filing is available within the facility.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
Criminal e-filing is encouraged, but conventional filings continue to be accepted.
encourages criminal e-filing, although conventional filings in these case types will continue to be accepted.
Page 78 | 13.6 METHOD OF FILING
Physical items that may be represented by a photograph may be imaged and e-filed.
Physical items for which a photograph may be substituted may be electronically imaged and E-filed.
Page 78 | 13.7 FILING OF EXHIBITS
A motion and notice of motion seeking permission to file physical items may be filed electronically.
The Motion and Notice of Motion for permission to file any of these physical items may be done electronically.
Page 78 | 13.7 FILING OF EXHIBITS
The Clerk must provide a workstation for any filer to register and file documents electronically.
To facilitate electronic filing, the Clerk of the Circuit Court shall provide a computer workstation for use for any filer to register and file electronic documents.
Page 78 | 13.5 AUTHORIZED USERS
Filing Timing and Cure Windows
A party should file a written objection stating its reasons within 3 days after receiving notice, subject to any different schedule prescribed by the court; the court may also allow oral objections.
Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes. The court may also allow oral objections. (Appendix B)
Page 3 | 4.0 Procedural
Requests for extended media coverage must be filed with the circuit clerk as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding was not scheduled at least 7 days in advance.
(b) Requests. All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding). (Appendix A)
Page 3 | 4.0 Procedural
A witness may object in writing or orally before testifying and as soon as practicable.
Witnesses may file a written objection or make an oral objection to extended media coverage prior to testifying and as soon as practicable.
Page 4 | 4.0 Procedural
An objection to a request for extended media coverage must be filed within three days after receiving notice of the request.
3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.
Page 8 | OBJECTION OF PARTY TO REQUEST FOR EXTENDED MEDIA COVERAGE
An objection to extended media coverage must be filed with the Clerk before the witness’s testimony begins.
4. This objection is filed with the Clerk of the Court prior to the commencement of my testimony.
Page 9 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
Documents must be filed with the Clerk before presentment to the court, except proposed orders.
All documents shall be filed with the Clerk of the Court pursuant to Supreme Court Rule 10 prior to their presentment to the court with the exception of proposed orders.
Page 13 | 1.7 DOCUMENTS AND COURT FILES
Motions must be filed with the Clerk before they are presented to the court.
All motions shall be filed with the Clerk of the Court prior to their presentment to the court.
Page 19 | 2.1 MOTION PRACTICE
The court may set a filing date for all motions, after which a motion may be filed only with leave of court.
In any cause of action, the court may designate a date by which all motions are to be on file. A motion may not be filed subsequent to that date except by leave of court.
Page 19 | 2.1 MOTION PRACTICE
During court hours, a complaint or petition requesting the specified ex parte or emergency relief must be filed with the Circuit Clerk before applying to the court for the order.
Every complaint or petition requesting an ex parte order for the appointment of a receiver, temporary restraint, preliminary injunction, or any other emergency relief, shall be filed in the Office of the Circuit Clerk, if during court hours, before application to the court for the order.
Page 20 | 2.1 MOTION PRACTICE
A motion to reinstate must be filed within 30 days of dismissal to avoid the case being barred from redocketing.
Such cases shall not be redocketed if a motion to reinstate is not filed within thirty (30) days from the date of dismissal.
Page 24 | 3.8 DISMISSAL FOR WANT OF PROSECUTION
The written judgment order and accompanying Rule 8.03 and 8.04 documents must be prepared and submitted no later than 14 days after the final hearing.
The written judgment order and accompanying documents as provided in 8.03 and 8.04 of these rules shall be prepared and submitted within and no more than fourteen (14) days of the final hearing.
Page 33 | 8.05 JUDGMENTS FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION OR DECLARATION OF INVALIDITY
The court must schedule a pre-trial conference at least 10 days before the hearing on permanent relief in any proceeding with contested issues for the court to resolve.
The Court shall schedule a pre-trial conference not less than ten (10) days prior to the hearing on permanent relief in any proceeding where there are contested issues to be resolved by the Court.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Final Pre-Trial Conference
In hearings seeking permanent relief, each party must file the Financial Affidavit and proof of service at least 5 days before the final pre-trial conference.
In all hearings seeking permanent relief, each party shall file the Financial Affidavit and proof of service at least five (5) days before the final pre-trial conference.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
In hearings seeking temporary relief, the responding party must file the Financial Affidavit and proof of service at least 7 days before the hearing.
The responding party shall file the Financial Affidavit and proof of service at least seven (7) days before the hearing.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
In a hearing seeking temporary relief, the moving party must file the Financial Affidavit when filing the motion or petition for temporary relief.
In all hearings seeking temporary relief, the moving party shall file the Financial Affidavit at the time the motion or petition for temporary relief is filed
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
In proceedings for permanent relief involving disputed custody or property apportionment, including child support or marital indebtedness, the parties must file the specified final pre-trial stipulation at least 5 days before the court-scheduled final pre-trial conference, unless the court directs otherwise.
In all proceedings for permanent relief where the issue of child custody and/or property apportionment is in dispute, including issues of child support and apportionment of marital indebtedness, a Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment and Apportionment of Marital Indebtedness (similar to that found in Appendix D) shall be filed by the parties not less than five (5) days prior to the final pre-trial conference scheduled by the Court unless otherwise directed by the Court.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Final Pre-Trial Stipulation and Statement of Proposed Property Apportionment
The mediator must prepare a statistical report for each case on the prescribed form and file it with the trial court administrator at least quarterly.
The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the trial court administrator.
Page 49 | 8.22 ATTENDANCE AND TERMINATION OF MEDIATION
The mediator must prepare the prescribed Mediator’s Report within 10 days after the last mediation session ends and file it with the circuit clerk.
The mediator shall prepare a Mediator’s Report on the prescribed form within ten (10) days of the termination of the last mediation session. These reports will be filed with the circuit clerk.
Page 49 | 8.22 ATTENDANCE AND TERMINATION OF MEDIATION
The parties or their attorneys must present each mediated agreement to the court within 45 days after the final Mediator’s Report is filed.
Each mediated agreement shall be presented by the parties or their attorneys (if any) to the court within forty-five (45) days following the filing of the final Mediator’s Report.
Page 50 | 8.23 ENTRY OF JUDGMENT OR ORDER
The trial court administrator or designee must provide specified mediation statistics to the Supreme Court annually, or at another interval if directed.
The information shall include the number of mediations conducted, the number of mediations resulting in an agreement and those resulting in no agreement. Such information shall be 48 ===== PAGE 50 ===== furnished to the Supreme Court through its administrative office once a year or at such other interval as may be directed.
Page 50 | 8.22 ATTENDANCE AND TERMINATION OF MEDIATION
The first inventory must be filed within 60 days after letters are issued.
The first inventory shall be filed within 60 days after issuance of letters.
Page 59 | 11.7 INVENTORIES-DESCRIPTIONS REQUIRED
The court or its designated clerk must set the claim hearing at least 35 days after proof of mailing is filed.
The court, or if the court so designates, the clerk, shall automatically set the claim for hearing not less than thirty-five (35) days after the filing of the proof of mailing.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (c) Setting Claim for Hearing
Within 10 days after filing the claim, the claimant must file proof of mailing or delivery, or the waiver, with the Clerk of the Court.
The claimant shall file with the Clerk of the Court proof of mailing or delivery of the claim, or waiver thereof, within 10 days after filing the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (b) Filing Claim with Clerk
Unless excused, petitioners must file receipts for all sums expended within 30 days after entry of the withdrawal order.
Unless excused from doing so, within 30 days after entry of the order for withdrawal, the petitioners shall file receipts for all sums expended.
Page 68 | 11.16(a) Petition to Withdraw
The foreign representative or attorney-in-fact must submit a compliance report with the distributee’s receipt within 90 days after the order, unless the court allows more time.
Within 90 days after entry of the order or within such further time as the court allows, the foreign representative or attorney-in-fact shall present to the court his report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.
Page 70 | 11.18 ATTORNEYS-IN-FACT AND REPRESENTATIVES OF FOREIGN COUNTRIES
The clerk must automatically schedule a pre-mediation conference no later than 60 days after the foreclosure complaint is filed, to be attended by plaintiff’s counsel, defendant borrowers, and an outside mediator.
(a) Upon the filing of a complaint for foreclosure eligible for mandatory mediation, the clerk of court shall automatically set the case for a mandatory pre-mediation conference that is to be set on a date, time and at a location as designated by the Chief Judge, but in no event later than sixty (60) days from the filing of the complaint. The pre-mediation conference shall be attended by the plaintiff’s counsel, the defendant borrowers and an outside mediator.
Page 72 | 12.3 MEDIATION PROCEDURE
An electronically filed document is considered filed with the Clerk upon review and acceptance, with completed transmission shown by the Clerk’s electronic filing stamp.
Any document filed electronically shall be considered as filed with the Clerk of the Circuit Court upon review and acceptance, and the transmission has been completed with the Clerk’s electronic filing stamp.
Page 79 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
The transmission date and time govern the electronic filing mark, and pleadings received before midnight on an open business day are deemed filed that day.
The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the Circuit Clerk’s office is open shall be deemed filed that day.
Page 79 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
A document filed on a day the Circuit Clerk’s office is closed is deemed filed the next business day.
If filed on a day the Circuit Clerk’s office is not open for business, the document will be deemed filed the next business day.
Page 79 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
After the first account, executors and administrators must present the required account and disbursement evidence annually.
Every executor and administrator shall present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975: 2) annually after the date of the first account;
Executors and administrators must present the required account and disbursement evidence within 60 days after the six-month period following issuance of letters expires.
Every executor and administrator shall present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975: 1) within 60 days after the expiration of 6 months after the issuance of letters;
Executors and administrators must present the required account and disbursement evidence at other times ordered by the court.
Every executor and administrator shall present the account and evidence of disbursements required by Section 2-1-1 of the Probate Act of 1975: 3) at such other times as the court may order.
Guardians must present the required account and evidence within 30 days after the one-year period following issuance of letters expires.
Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975: 1) within 30 days after the expiration of one year after the issuance of letters;
Guardians must present the required account and evidence at other times ordered by the court.
Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975: 4) at such other times as the court may order.
Guardians must present the required account and evidence within 30 days after their office terminates.
Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975: 3) within 30 days after the termination of his office;
After the first account, guardians must present the required account and evidence annually.
Every guardian shall present the account and evidence required by Section 24-11 of the Probate Act of 1975: 2) annually after the date of the first account;
If the moving party does not obtain a hearing allotment within 90 days after filing, the court may deem the motion withdrawn and deny the requested relief with or without prejudice.
If an allotment for hearing is not obtained by the moving party within ninety (90) days from the date it is filed, the court may deem the motion withdrawn and deny the relief requested with or without, prejudice.
Page 20 | 2.1 MOTION PRACTICE
The person seeking service by publication is responsible for promptly filing the appropriate Certificates of Publication and/or Certificates of Mailing, except for matters that are the Circuit Clerk's responsibility.
(c) The responsibility for the prompt filing of appropriate Certificates of Publication and/or Certificates of Mailing shall be that of the person seeking such service except as to those matters which are the responsibility of the Circuit Clerk.
Page 32 | 8.04 SERVICE BY PUBLICATION
Unless the court orders otherwise, the final pre-trial conference must occur at least 10 days before the hearing on permanent relief.
The final pre-trial conference shall be at least ten (10) days before the hearing on permanent relief unless otherwise ordered by the court.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
If no objection is filed within 30 days after proof is filed, the court may allow the claim and enter judgment on the hearing date.
On the date set for the hearing of the claim, if no objection has been filed within thirty (30) days from the date of filing the proof, the claim may be allowed by the court and judgment entered pursuant to Section 18-7 of the Probate Act of 1975 in accordance with statutory classification.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (d) Allowance of Claim
The legal representative or any person whose rights may be affected may file an answer contesting the claim within 30 days after the claimant files proof with the clerk.
The legal representative or any other persons whose right may be affected by the allowance of the claim may file an answer contesting the claim within thirty (30) days after the claimant has filed his proof with the clerk.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (e) Filing Answer Contesting Claim
The Clerk may reject an electronically filed unapproved case or document type.
Any unapproved case or document type filed electronically by a filer may be rejected by the Clerk of the Court.
Page 77 | 13.3 DESIGNATION OF ELECTRONIC FILING
The clerk may reject an electronic filing for procedural or technical nonconformance and may identify the deficiency for correction.
Rejection – The court clerk may reject any electronic filing for any procedural or technical nonconformance and may identify the deficiency to be corrected.
Page 78 | 13.4 DEFINITIONS
The EFM must notify filers of receipt, acceptance, or rejection of electronically filed documents.
The EFM shall provide notification of a receipt, acceptance, or rejection of electronically filed documents.
Page 79 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
Upon acceptance, the EFM must apply a file stamp, and an electronically stamped filing has the same force and effect as a conventionally file-stamped document.
Upon acceptance by the clerk, the EFM shall apply the file stamp to the electronic document. Filings so endorsed shall have the same force and effect as documents file stamped in the conventional manner.
Page 79 | 13.12 TIME OF FILING, ACCEPTANCE BY THE CLERK AND ELECTRONIC FILING STAMP
Absent extraordinary circumstances, a person prejudiced by an order accepting a later filing as of the first attempted filing date is entitled to an order extending applicable response or performance periods.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the court’s order to accept a subsequent filing effective as of the date filing was first attempted, shall be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 81 | 13.15 SYSTEM OR USER ERRORS
Service and Proof of Service Rules
A request for permission to appear remotely must be made through a written motion that is filed, scheduled, and served under Circuit Court Rules 2.1(a) and 2.1(c), unless a standing order or case-specific discretionary exception allows otherwise.
Unless otherwise allowed by (1) an individual Court's own standing order or (2) a case-by-case exception made within the Court's discretion, a person seeking permission to appear remotely pursuant to Supreme Court Rule 45(c) or (d) must seek that permission through a written motion filed, scheduled, and served as required by Circuit Court Rules 2.1(a) and 2.1(c).
Page 3
When filing a request for extended media coverage, the media requestor must simultaneously notify the court media liaison, counsel of record, and unrepresented parties.
(c) Notice of Request. At the same time as the request is filed, the media requestor shall provide notice of the request to the court media liaison, all counsel of record, and parties appearing without counsel.
Page 3 | 4.0 Procedural
Counsel or a self-represented party seeking to introduce a witness’s testimony must notify the witness of the request for or grant of extended media coverage.
Any counsel or self-represented party, who seeks to introduce the testimony of a witness, shall notify the witness of the request for, or the granting of, extended media coverage.
Page 4 | 4.0 Procedural
When filing a written objection, the objector must simultaneously notify the requestor, the court media liaison, counsel of record, and unrepresented parties.
(e) Notice of Objections. At the same time a written objection is filed, the objector shall provide notice of the objection to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 4 | 4.0 Procedural
Notice of the objection must be given to the requestor, court media liaison, counsel of record, and parties appearing without counsel.
5. Proper notice of this objection has been given to the requestor, the court media liaison, all counsel of record, and parties appearing without counsel.
Page 9 | OBJECTION OF WITNESS TO REQUEST FOR EXTENDED MEDIA COVERAGE OF TESTIMONY
Jury summonses must be served at least 30 days before service begins and may be sent by prepaid U.S. Mail to the address in the voter registration files.
The Jury Commission or Chief Judge shall issue and cause to be served a jury summons on all Grand Jurors and Petit Jurors at least thirty (30) days prior to the first day of service. Jury summons may be served by U.S. Mail, postage prepaid, to the address as listed in the voter registration files.
Page 18 | 1.13 JURORS, TERMS OF SERVICE, SUMMONS AND EXCUSE
A summary judgment motion cannot be heard until ten days after service of its notice under Supreme Court Rule 11.
A motion for summary judgment shall not be heard until ten (10) days after service of the notice of motion under Supreme Court Rule 11.
Page 19 | 2.1 MOTION PRACTICE
The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.
A copy of any written motion and of all papers presented therewith, or a statement that they have been previously served, shall be served with the notice.
Page 19 | 2.1 MOTION PRACTICE
Notice by third-party commercial carrier must be deposited or dropped off with the designated carrier at least seven days before the hearing.
Notice by third-party commercial carrier shall be made by deposit in the carrier’s pick-up box or drop off with the carrier’s designated contractor not less than seven (7) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
Notice by personal service must be made at least three days before the hearing.
Notice by personal service shall be made not less than three (3) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
If Supreme Court Rule 11(b)(7) permits notice by email, it must be given at least three days before the hearing.
Notice by e-mail, if permitted pursuant to Supreme Court Rule 11(b)(7), shall be not less than three (3) days prior to the hearing.
Page 19 | 2.1 MOTION PRACTICE
Proof of notice by the listed methods must be made part of the record.
Proof of notice by personal service, mailing, delivery by third-party commercial carrier, fax or e-mail shall be made of record.
Page 19 | 2.1 MOTION PRACTICE
If Supreme Court Rule 11(b)(6) permits notice by fax, it must be made at least three days before the hearing.
Notice by fax, if permitted pursuant to Supreme Court Rule 11(b)(6), shall be made not less than three (3) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
Notice by U.S. Mail must be mailed at least seven days before the hearing.
Notice by U.S. Mail shall be mailed not less than seven (7) days prior to the hearing;
Page 19 | 2.1 MOTION PRACTICE
The party requesting a motion hearing must give notice to the specified parties in the manner prescribed by Supreme Court Rule 11.
Notice of hearing on all motions shall be given by the party requesting the hearing to all parties who have appeared and have not theretofore been defaulted for failure to plead, and to all parties whose time to appear has not expired on the date of notice. Notice shall be given in the manner and to those prescribed in Supreme Court Rule 11.
Page 19 | 2.1 MOTION PRACTICE
After a motion is heard without prior notice, written hearing notice must be personally served or mailed to the specified parties, and proof of service must be filed within two days of the hearing.
If a motion is heard without prior notice under this rule, written notice of the hearing shall be served personally or by U.S. Mail upon all parties not theretofore found by the court to be in default for failure to plead, and proof of service thereof shall be filed with the Clerk of the Court within two (2) days of the hearing thereon.
Page 20 | 2.1 MOTION PRACTICE
Proof of service for answering discovery documents must be filed with the Clerk and include the case title and number, service date, sending and receiving parties, and identification of the discovery document.
Proof of service of answering discovery documents shall be filed with the Clerk of the Court and shall contain the case title and number, date mailed or personally served, the sending and receiving parties and adequately identify the particular discovery document being served or answered.
Page 21 | 3.3 DISCOVERY DOCUMENTS
The party serving written interrogatories must provide two copies to each party required to answer them.
The party serving written interrogatories shall provide two copies to each party required to answer the interrogatories.
Page 21 | 3.2 WRITTEN INTERROGATORIES
Each attorney must mail the original pre-trial memorandum to the pre-trial judge and a copy to each opposing counsel at least five days before the conference.
At least five (5) days prior to the pre-trial conference, each attorney shall mail the original of the memorandum to the pre-trial judge and a copy to each opposing counsel.
Page 22 | 3.6 PRE-TRIAL CONFERENCES
The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.
The notice shall be given by the Clerk of the Court by regular U.S. Mail at least ten (10) days prior to the scheduled date of trial.
Page 23 | (e) Criminal Misdemeanor and Traffic Docket Call
Unless the Court directs a party to provide the dismissal order, the Clerk must mail notice within 10 days to attorneys of record and to pro se parties served as noted in the file, except in the listed cases and proceedings.
Unless the Court directs a party to provide a copy of an order of dismissal, upon dismissal of any cause for want of prosecution, except dismissals of Small Claims cases or first appearance LM cases and post-termination proceedings, the Clerk of the Court shall give all pro se parties, if served as noted in the Court file, and all attorneys of record notice of the dismissal by regular U.S. Mail within ten (10) days of the dismissal.
Page 24 | 3.8 DISMISSAL FOR WANT OF PROSECUTION
The plaintiff serves the summons, which sets the date and time for the defendant’s appearance.
Defendant shall appear on the date and at the time set forth in the summons served upon him by the plaintiff
Page 29 | 7.1(b) Summons-Appearance Date
Notice by U.S. Mail must be made at least seven days before the hearing.
notice by U.S. Mail shall be made not less than seven (7) days prior to hearing,
Page 31 | 8.02 NOTICE
Notice by fax must be made at least three days before the hearing.
notice by fax shall be made not less than three (3) days prior to the hearing
Page 31 | 8.02 NOTICE
Notice by third-party commercial carrier must be made at least seven days before the hearing.
notice by third-party commercial carrier shall be made not less than seven (7) days prior to the hearing,
Page 31 | 8.02 NOTICE
Unless the Court orders otherwise, notice by personal service must be made at least three days before the hearing.
(a) Service of Notice of Motion or Petition shall be in accordance with the Rules of Practice of the Circuit Court as provided in Part 2 of these Rules; that is, unless otherwise ordered by the Court, notice by personal service shall be made not less than three (3) days prior to the hearing,
Page 31 | 8.02 NOTICE
Notice by e-mail must be made at least three days before the hearing.
notice by e-mail shall be made not less than three (3) days prior to the hearing.
Page 31 | 8.02 NOTICE
The person or entity seeking jurisdiction by publication must provide the Circuit Clerk copies of all necessary documents, including copies for mailing.
(b) The person or entity seeking to obtain jurisdiction by publication shall provide copies of all necessary documents to the Circuit Clerk, including copies for mailing.
Page 32 | 8.04 SERVICE BY PUBLICATION
Service by publication must follow 735 ILCS 5/2-206 and 5/2-207, as amended.
(a) Service by publication shall be in accordance with 735 ILCS 5/2-206 and 5/2-207 as from time to time amended.
Page 32 | 8.04 SERVICE BY PUBLICATION
In hearings seeking temporary relief, the moving party must file proof of service at least 14 days before the hearing.
shall file proof of service at least fourteen (14) days before the hearing.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
Proof of service for the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen (14) days prior to the hearing.
Page 35 | 8.06(d)(1) Post-Judgment Proceedings
A proponent of an alleged emergency matter must provide notice to the opposing party pursuant to Rule 8.02.
2) Notice to the opposing party pursuant to Rule 8.02.
Page 36 | 8.07(b) Designation of a matter as an emergency
An income withholding notice must be prepared and served immediately on the obligor’s payor, unless a qualifying court-approved written agreement provides for notice only after delinquency.
Require an income withholding notice to be prepared and served immediately upon any payor of the obligor by the obligee or public office, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the court, which ensures payment of support. In that case, the order for support shall provide that an income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support; and
Page 37 | 8.09 ORDERS FOR SUPPORT AND MAINTENANCE
The responding party must file proof of service at least 7 days before the hearing.
The responding party shall, at the time of filing the responsive pleading, file a Financial Affidavit (same form and documentary evidence as stated above) and proof of service at least seven (7) days prior to the hearing.
Page 39 | 8.11 ATTORNEY’S FEES (INTERIM AND CONTRIBUTION PETITIONS)
Proof of service of the petition, Financial Affidavit, and hearing notice must be filed at least 14 days before the hearing.
Proof of service of the petition, Financial Affidavit, and notice of hearing shall be filed at least fourteen days (14) days prior to the hearing.
Page 39 | 8.11 ATTORNEY’S FEES (INTERIM AND CONTRIBUTION PETITIONS)
For an indirect criminal contempt hearing, notice and a copy of the petition must be served and returned under Supreme Court Rule 105(b), or by U.S. Mail if directed, with proof served not less than seven (7) days before the hearing; mailed notice must be sent not less than (10) days before.
Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or, if the court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, proof of service 52 ===== PAGE 54 ===== shall be served not less than seven (7) days prior to the hearing, and notice by U.S. Mail shall be mailed not less than (10) days prior to the hearing.
Page 54 | Notice of Hearing
A rule to show cause must be personally served at least five days before the hearing unless the court orders otherwise; for good cause, the court may authorize another method.
(3) Service of Rules. A rule to show cause shall be personally served upon the respondent unless otherwise ordered by the court for good cause shown. Unless otherwise ordered by the court, a rule to show cause shall be served upon the respondent not less than five (5) days prior to hearing.
Page 55 | Civil Contempt Petitions — Service of Rules
For a contested claim, the court must order at least 10 days' notice by regular mail to the claimant, to be given by the designated legal representative, estate attorney, or Clerk of the Court.
If an objection to the claim has been filed, on the return date as previously set under subsection (c) of this rule, the claim will be allotted for hearing and the court shall order at least ten (10) days notice to be given by regular mail to the claimant by the legal representative, the attorney for the estate, or the Clerk of the Court, as the court may direct.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (f) Contested Hearing
A claimant must mail or deliver the claim to the estate's legal representative and any attorney of record unless the specified written waiver or consent applies.
The claimant shall mail or deliver his claim to the legal representative of the estate and to the attorney of record, if any, unless the legal representative or his attorney waives, in writing, the mailing or delivery of a copy of the claim or consents in writing to the allowance of the claim.
Page 60 | 11.8 DISPOSITION OF CLAIMS-PROCEDURE (a) Presentment to the Estate
A counterclaim must be delivered or mailed to the counterdefendant and counsel, and the hearing must be at least 30 days later unless they waive the notice and waiting period in writing.
If a counterclaim is filed, a copy shall be delivered or mailed by ordinary mail to the counterdefendant and his attorney. A hearing on the counterclaim shall not be held less than 30 days after mailing or delivery of the counterclaim unless the counterdefendant or his attorney waives in writing the delivery or mailing and 30 day period.
Page 61 | When Counterclaim Filed
After dismissal, the clerk must mail notice to the personal representative and attorney of record stating that reinstatement may be sought within 30 days for good cause.
Upon dismissal of the cause, the clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case may be reinstated within thirty (30) days from the date of the notice for good cause shown.
Page 61 | 11.10 DISMISSAL FOR WANT OF ACTION
If the person’s post office address is outside the United States or Canada, notice must be sent at least 14 days before the hearing.
except if the post office address of the person is outside of the United States or Canada, the notice shall be sent not less than 14 days prior to the hearing.
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
For an entitled person other than the ward represented by counsel whose appearance is on file, motion-compliant notice must be sent to counsel at least 10 days before the hearing.
If a person entitled to notice other than the ward is represented by an attorney whose appearance is on file, notice as required for motions shall be sent to the attorney not less than ten days before the date set for hearing.
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
Notice with a copy of the account must be given in person or mailed to the last known address at least 10 days before the hearing.
Notice, accompanied by a copy of the account, shall be given in person or sent by mail to the last known address not less than 10 days before the hearing
Page 62 | 11.11 ACCOUNT OF DISBURSEMENTS
The clerk must mail attorneys of record notice that the account is due.
The Clerk shall mail to the attorneys of record in the estate a notice that the account is due.
Page 65 | 11.13(d) Periodic Accounting Not Filed-Notice and Citation
For an extension petition set for hearing, the clerk must mail notice to interested persons and unpaid creditors at least 14 days before the hearing.
If the petition seeks an extension for any other reasons, the court shall set the petition for hearing and the clerk shall mail notice of the hearing to all persons interested in the administration of the estate, including all unpaid creditors, said notice to be mailed at least 14 days before the hearing date.
Page 65
When issuing a citation, the clerk must mail notice of the citation proceeding and its return date to interested persons and unpaid creditors.
At the time of the issuance of a citation required by this rule, the clerk shall mail notices of the pendency of the citation proceeding, and return date thereof, to all persons interested in the administration of the estate, including unpaid creditors.
Page 65 | 11.13(d) Periodic Accounting Not Filed-Notice and Citation
At least 10 days' notice of the specified hearing must be given to the surviving spouse and any next of kin who have not consented in writing.
At least 10 days notice of the hearing on the petition for the appointment and distribution of the proceeds of the settlement of an action for the death of a decedent shall be given to the surviving spouse and any next of kin who have not consented thereto in writing.
Page 67 | 11.14(c) Notice of Hearing
If the decedent left no surviving spouse or entitled next of kin, the representative or attorney must give notice of the petition and hearing to the persons specified in Section 2(a), (b), and (c) of the Wrongful Death Act, subject to the stated exception.
If the decedent left no surviving spouse or next of kin entitled to recover, notice of the filing of a petition for settlement under the Wrongful Death Act and of the hearing thereon shall be given by the representative or his attorney to the persons named in paragraphs (a), (b), and (c) of Section 2 of that Act, including persons furnishing hospital, medical or funeral services for the decedent, unless persons payment for the payment for the services is shown.
Page 67 | 11.14(c) Notice of Hearing
Before presenting a petition for an order directing the county treasurer to pay court-deposited money, notice must be given to the State's Attorney, the former representative and attorney, and anyone else entitled to notice under an order in the proceeding.
Before a petition is presented for an order directing the county treasurer to pay money deposited by order of court, notice shall be given to: 1) the State's Attorney 2) the former representative and his attorney; and 3) all other persons entitled to notice under any order entered in the proceeding.
Page 68 | 11.15(a) Notice Required
The clerk must provide a mandatory-mediation notice form with the summons, serve it on the defendants with the summons, and provide proof of service as for the summons.
(b) The Clerk shall furthermore provide a form, to be included with the summons, notifying the defendant borrowers of the mandatory mediation program, which form must be served upon the defendants with the summons and evidenced by a proof of service the same as the summons.
Page 72 | 12.3 MEDIATION PROCEDURE
Documents must be served on parties not registered for E-filing or E-service as otherwise provided by order, rule, or statute.
(e) Service of documents on parties not registered as an E-filing or E-service participant shall be made as otherwise provided by order, rule, or statute.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Documents that require personal service to confer jurisdiction must be served conventionally, not electronically.
(a) Electronic service is not capable of conferring jurisdiction. Therefore regarding electronically filed cases, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically, but must be served in the conventional manner.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
E-service must comply with Supreme Court Rule 12 and is complete at the vendor-posted transmission date and time, with the same effect as personal service.
(b) E-service shall be made in accordance with Supreme Court Rule 12, and shall be deemed complete at the posted date and time of transmission listed by the E- service vendor. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Filers must immediately notify other parties, the Clerk, and the EFM of changes to their name or contact information.
(c) All filers must immediately notify other parties, the Clerk and the EFM of any change of name, address, phone or fax number, or E-mail address.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
One copy of the plaintiff’s pretrial memorandum must be mailed to opposing counsel at least five days before the conference.
One copy of this memorandum shall be submitted to the court and one copy mailed to opposing counsel at least five (5) days prior to the conference.
Page 83 | APPENDIX A. PLAINTIFF'S PRETRIAL MEMORANDUM
If the person's name or current post office address is unknown, notice must be published once at least 14 days before the hearing unless the court waives the requirement.
If the name or present post office address of the person is not known to the representative of his or her attorney, notice shall be given by one publication in a newspaper of general circulation in the county of the hearing not less than 14 days before the date of the hearing, unless waived by the court.
At the court's discretion, emergency motions and motions legally eligible for ex parte treatment may be heard without notice.
Emergency motions and motions which, by law may be made ex parte may, at the discretion of the court, be heard without giving notice.
Page 20 | 2.1 MOTION PRACTICE
In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.
In all family law cases the appearance of a party at a hearing held within sixty (60) days of the filing of the petition may be required by serving the party with a notice requiring them to appear.
Page 31 | 8.02 NOTICE
E-service transmits documents to a party or representative but cannot confer jurisdiction when the law requires personal service.
Electronic Service (E-service) – An electronic transmission of documents to a party, attorney or representative in a case. However, E-service is not capable of conferring jurisdiction under circumstances where personal service is required as a matter of law.
Page 78 | 13.4 DEFINITIONS
Discovery documents may be served and answered personally or by U.S. Mail.
Discovery documents may be served and answered personally or by U.S. Mail.
Page 21 | 3.3 DISCOVERY DOCUMENTS
Before presenting a civil contempt petition, the petitioner may notify the respondent but need not do so unless the court directs notice.
The petitioner may give notice to the respondent before presenting such a petition to the court for issuance of a rule to show cause, but is not required to give such notice unless otherwise directed by the court.
Page 55 | Civil Contempt Petitions
Filing Fees and Waivers
A pleading may not be filed unless accompanied by any applicable filing fee.
The Clerk shall not file a pleading unless accompanied by the proper filing fee, if any.
Page 15
A defendant’s jury demand requires payment of the jury fee, after which the court sets the cause for trial and gives notice.
Upon Defendant's demand for trial by jury and payment of the jury fee, the court shall automatically set the cause for trial and cause notice to be given.
Page 30 | 7.1(e) Demand for Trial by Jury
The fee required by law must be paid when the supplemental-proceedings petition is filed.
The fee required by law shall be paid at the time of filing the petition.
Page 57 | 11.2 SUPPLEMENTAL PROCEEDINGS
A representative or other interested party seeking a jury trial must file a jury demand and pay the fee when filing an answer or other responsive pleading.
A representative or other party in interest opposing the petition or claim or desirous of a trial by jury must file a jury demand and pay the fee at the time he files his answer or other responsive pleading.
Page 66 | 11.13 JURY DEMANDS
A petitioner or claimant seeking a jury trial must file a jury demand and pay the legally required fee when filing the petition or claim.
A petitioner or claimant desirous of a trial by jury pursuant to Section 8-1, 11a-11, 16-3 and 18-6 of the Probate Act of 1975, or any other section, must file a jury demand with the clerk and pay the fee as required by law at the time he files his petition or claim.
Page 66 | 11.13 JURY DEMANDS
Beginning March 1, 2014, plaintiffs’ filing fee in all foreclosure cases increases by $150.
Effective March 1, 2014, the filing fee paid by plaintiffs in all foreclosure cases shall increase by $150.
Page 75
Statutory filing fees must be paid through the EFM to achieve valid filing status unless waived.
(a) The payment of statutory filing fees to the Clerk of the Court in order to achieve valid filing status, unless otherwise waived, shall be as authorized through the EFM.
Page 81 | 13.14 COLLECTION OF FEES
A jury fee will not be reimbursed if a party later waives a jury.
The jury fee, once paid, shall not be reimbursed upon a subsequent waiver of jury.
Page 66 | 11.13 JURY DEMANDS
When an electronic filing requests a fee waiver under Supreme Court Rule 298, payment is stayed until the court rules on the petition.
(b) When the electronic filing includes a request for waiver of court fees pursuant to Supreme Court Rule 298, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 81 | 13.14 COLLECTION OF FEES
No filing fee is charged for a request for or objection to extended media coverage.
(i) There shall be no filing fees associated with filing a request for extended media coverage or an objection to extended media coverage.
Page 3 | 3.0 General
Courtesy Copy Requirements
Customarily required courtesy copies remain required in E-file cases unless a specific court order provides otherwise.
(d) Courtesy copies of documents customarily required to be provided to the Court shall continue to be required in E-file cases, absent a specific court order to the contrary.
Page 81 | 13.13 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE
Sealing & Redaction Procedures
Social security numbers in filed or open-court documents must be redacted so that only the last four digits are visible, subject to the stated exceptions.
An individual’s social security number which appears in any pleading, attachment to pleading, order, exhibit, or other document filed in the court file or filed in open court shall be redacted so only the last four digits are visible with the following exceptions:
Page 15
An original Qualified Domestic Relations Order containing social security numbers in a divorce file must be impounded by the Circuit Clerk and may be opened only by court order.
Any original Qualified Domestic Relations Order filed in divorce files in the Thirteenth Judicial Circuit which contain social security numbers shall be impounded by the Circuit Clerk, only to be opened by order of the court.
Page 15
The Child Support Data Sheet attached to a Uniform Order of Support must contain social security numbers, be impounded by the Circuit Clerk, and be used for child support enforcement according to law.
The “Child Support Data Sheet”, attached as an Exhibit to the Uniform Order of Support, shall contain social security numbers and be impounded by the Circuit Clerk and used for child support enforcement according to law.
Page 15
Financial Affidavits and their supporting documentary evidence are not part of the public record unless the court orders otherwise.
Consistent with section 501(a)(1), no Financial Affidavit and supporting documentary evidence shall be made part of the public record unless otherwise ordered by the court.
Page 34 | 8.06 CASE MANAGEMENT AND HEARINGS — (a) Pre-Judgment Proceedings — Financial Affidavit
Filing Bundling Requirements
For dissolution prove-ups, the responsible person or attorney must present the listed materials together to the prove-up judge before testimony, within the timeframe set by the individual judge.
(a) It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the prove-up judge, in a single package, prior to the commencement of testimony in the timeframe to be established by the individual judge the following: 1) Judgment for Dissolution of Marriage 2) Signed original of any written agreement of the parties that will be testified to and received in evidence and is to be incorporated in the Judgment for Dissolution of Marriage 3) Allocation Judgment allocating parental responsibilities and parenting time, fully completed and signed by each party (if minor children). 4) Uniform Order for Support and Child Support Data Sheet, fully completed and signed by each party, with statutory child support calculations attached (if minor children and/or children who are 18 but have not graduated high school. 5) Certificate of completion of Parenting Class. 6) Fully completed Certificate of Dissolution
Page 32 | 8.03 PROVE-UPS IN DISSOLUTION CASES
The person seeking to affect marital status, or that person's attorney, must present the documents identified in Rule 8.03 to the trial judge in a single package.
It shall be the responsibility of the person seeking to affect the marital status, or his or her attorney, to present to the trial Judge, in a single package, the documents as set forth in 8.03 of these rules.
Page 33 | 8.05 JUDGMENTS FOR DISSOLUTION OF MARRIAGE, LEGAL SEPARATION OR DECLARATION OF INVALIDITY
Pre-Motion Conference Requirements
A motion must be allotted for hearing on the court's calendar before it can be heard, except in emergency matters.
With the exception of emergency matters, no motion shall be heard unless previously allotted for hearing on the court's calendar.
Page 19 | 2.1 MOTION PRACTICE
In a civil case, the moving party is responsible for obtaining a hearing allotment.
The burden of obtaining an allotment for hearing in a civil case is on the party making the motion.
Page 20 | 2.1 MOTION PRACTICE
Adjournment & Extension Requirements
A motion to continue may be allowed only upon a showing of good cause.
No motion to continue shall be allowed for other than good cause shown.
Page 20 | 2.1 MOTION PRACTICE
A request to extend an accounting deadline to a definite date or to account less frequently must be made by the personal representative's verified petition stating the reasons; the petition may be heard without notice in the listed circumstances.
Requests for an extension of time to a definite date or for an order allowing accounting in a particular estate less frequently than above provided shall be filed by verified petition of the personal representative specifying the reasons for the request. The petition may be heard without notice if it requests an extension: 1) in any case in which it appears from the record that an annual accounting is not necessary; 2) for any reason which is apparent from the record of the estate and which exists without fault of the petitioner; 3) because of succession, tax has not been determined, and the petition states that the return was filed or will be filed within the time required by law, and that the other obligations of the estate have been paid, and that distribution has been made to the extent possible consistent with the responsibilities of the personal representative; or 4) for other good cause
The court may require affidavits from the parties and counsel on a motion to continue.
The court may require affidavits of the parties and counsel.
Page 20 | 2.1 MOTION PRACTICE
Counsel's agreement to continue a matter does not bind the court.
Agreements of counsel as a motion to continue shall not be binding on the court.
Page 20 | 2.1 MOTION PRACTICE