Circuit Court of Grundy County, Illinois (13th Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

CRITICAL

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)

CRITICAL

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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;

CRITICAL

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;

CRITICAL

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.

CRITICAL

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;

CRITICAL

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;

CRITICAL

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;

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.