Circuit Court of Hamilton County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements3 rules
Pleadings and other papers in civil and criminal cases must have a neatly typed or printed main body with at least double spacing, but pro se parties may file neatly hand-printed papers with similar spacing.
- Line spacing
- Double
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment, and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing. Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
Pleadings and other papers in civil and criminal cases must have a neatly typed or printed main body with at least double-line spacing, excluding the listed portions.
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements59 rules
Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.
If a written appearance or acknowledgment waives notice or consents to an immediate hearing, it must state that the party received the pleading seeking relief and include that pleading, unless a statutory or rule-prescribed form applies.
Court's wording
If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois.
Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.
A pro hac vice admission order requires a motion by a court attorney or an unrepresented party, the applicant attorney’s affidavit in substantially the prescribed forms, and disclosure of the number of prior Illinois cases in which the attorney appeared.
Court's wording
The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice.
A hearing notice must identify the action, hearing date and time, and motion, and must be accompanied by the motion and supporting papers or a statement that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Civil pleadings and entries of appearance must identify the circuit and county, the parties and their designations, and the case number.
- Document
- Pleading or entry of appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Unless excused by the court, sureties shall execute and file verified schedules of property in substantially the form which is required by Administrative Order of the Chief Judge.
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.
Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit.
At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.
In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.
Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court.
Each party must file a financial affidavit in the required form at least seven days before the settlement conference.
Court's wording
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
An affidavit of heirship must substantially follow the required form and include the listed information about the decedent, heirs, and affiant.
Court's wording
(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed Order Declaring Heirship reflecting the affidavit's concluding language.
- Document
- Affidavit of heirship
Must include
- •Proposed order
Court's wording
(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
Each attorney must complete the Child Representative Information Sheet provided by this circuit and return it with a statement or other verification of attendance at continuing education.
The mediator’s written report must state whether there was a full, partial, or no agreement and be signed by the mediator.
Court's wording
b. The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
Circuit Clerk-issued summonses, notices, and court orders setting court dates must include the specified remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
When remote appearance is an option, Circuit Clerk-issued summonses, notices, and court orders setting court dates must include the listed courtroom, remote participation, and courthouse information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Private counsel’s summonses, notices, and court orders setting court dates must include the specified remote-appearance language and may be rejected from e-filing if noncompliant.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
A pro se written appearance filed without further pleading must comply with Rule 5(a), be acknowledged before an authorized officer, and include the officer’s statement of personal appearance and voluntary acknowledgment.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
- Document
- Affidavit
Must include
- •Certificate of service
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.
Court's wording
At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, remote access details and instructions, courthouse address, and clerk’s telephone number.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Anticipated discovery materials to be used at trial or needed for a motion must be filed with the clerk at the start of trial or when the motion is filed.
Court's wording
If interrogatories, requests, answers, responses or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
- Document
- Affidavit
Must include
- •Certificate of service
Within 14 days after the last mediation day, the mediator must file a signed report stating whether there was full, partial, or no agreement and serve a copy on all parties.
Court's wording
The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.
A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Court-date documents issued by private counsel and filed in the circuit must include the specified remote-appearance language.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
Clerk-issued summonses, notices, and court-date orders must include the specified Rule 24 remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference. The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
The moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
A civil pleading or appearance must clearly identify the circuit, county, parties and their designations, and case number to be accepted for filing.
- Document
- Pleading or appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
A party or counsel must file a written appearance containing the party’s or counsel’s name, address, and telephone number and serve a copy on all other appearing parties.
Court's wording
Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel. A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Each party must prepare an exhibit list in the required form with each exhibit’s mark and a brief description, and present two copies to the court at trial, hearing, or final pretrial conference.
Court's wording
Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
A heirship affidavit must follow the Chief Judge’s prescribed form and include the specified death, family, relationship, unknown-heir, and per stirpes information.
Court's wording
The affidavit shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: The date and place of death of the decedent; Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. The manner is which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.
If a pro se appearance or acknowledgment waives notice or consents to an immediate hearing, it must state that the appearing party received the pleading seeking relief and include that pleading, unless a prescribed statutory or rule form applies.
Court's wording
If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
A motion seeking relief concerning listed discovery materials must include the disputed portions, filed with the clerk at the same time as the motion.
Court's wording
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.
No party or attorney shall address the court before filing such written appearance.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
(e) In the event an agreement is reached under the conditions of 1(b) or 1(c), above, the mediator shall advise each non-represented party of the time period within which an intent to repudiate must be filed.
3. If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.
Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.
Filing & Service rules
Electronic Filing Rules
The Clerk of the Court may not file documents received by facsimile unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule.
Page 6 | Rule 6. Pleadings
The clerk may not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Page 1 | Rule 6. Pleadings
Filing Timing and Cure Windows
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | Rule 9(h) Notice After Hearing
If the Clerk’s office is open, a complaint or petition seeking one of the listed ex parte orders must be filed with the Clerk before applying to a judge for the order.
Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
Page 8 | Rule 9 Ex Parte and Emergency Motions
File anticipated portions of discovery materials for trial at its outset, or file those needed for a motion when the motion is filed.
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Page 9 | Rule 12(b) — Use at Trial or for Motion
Discovery papers needed for appeal but not previously in the record must be filed with the Clerk upon application to a court order.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.
Page 9 | Rule 12(c) — Unfiled Discovery - Appeals
When seeking relief concerning discovery materials, file the disputed portions with the motion.
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Page 9 | Rule 12(a) — Relief Involving Discovery Materials
Written objections to an order to show cause must be filed at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16, Orders to Show Cause
The moving party must file the affidavit at a pretrial conference, at least three days before a contested hearing, or when filing a petition for ex parte relief, unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17, Affidavits in Matrimonial Cases
The responding party must file an affidavit in substantially the same form at a pretrial conference or at least three days before a contested hearing.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17, Affidavits in Matrimonial Cases
In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Page 12 | Rule 17, Affidavits in Matrimonial Cases
The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least seven days before the initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the initial case management conference.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
An intent to repudiate must be filed before the Continued Case Management Conference, or within 10 days after mediation if that conference is less than 10 days away.
Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | Conclusion of Private Mediation
The mediator must file the signed report in the case file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | Completion of Mediation
Proof of service of the post-hearing notice must be filed with the clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
A summary judgment motion cannot be heard until at least ten days after service of its notice of motion.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 1 | Rule 9. Motions
When the clerk’s office is open, a complaint or petition seeking the listed ex parte orders must be filed with the clerk before application is made to a judge.
Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
Page 1 | Rule 9. Motions
Noncompliant summonses, notices, and court-date orders are subject to e-filing rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
A written motion requesting permission to appear remotely must be filed at least 48 hours before the court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
The court may direct that motions, with or without notice, be set or reset on a date within 60 days.
Motions with or without notice may be set or reset on a date within 60 days by direction of the court.
Page 7 | Rule 9(a) Notice
The court may direct that a motion, with or without notice, be set or reset within 60 days.
Motions with or without notice may be set or reset on a date within 60 days by direction of the court.
Page 1 | Rule 9. Motions
Service and Proof of Service Rules
A copy of the written appearance must be served on all other parties who have appeared, using the method prescribed for service of copies of pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 5 | Rule 5. Appearances and Default
The party seeking a motion hearing must give written notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired when notice is given.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 7 | Rule 9(a) Notice
Notice of additional relief must be given in accordance with Supreme Court Rule 105.
Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 105.
Page 7 | Rule 9(a) Notice
Motion notice must be given in the manner and to the persons prescribed by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | Rule 9(c) Service of Notice
Notice of a motion made within a court day of trial must be given as the court directs.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 7 | Rule 9(a) Notice
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified case, judge, hearing, and order information on parties not found in default.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead.
Page 8 | Rule 9(h) Notice After Hearing
Personal service of hearing notice must be completed before 4:00 p.m. on the second court day before the motion hearing; mailed notice is governed by Supreme Court Rule 12(c).
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).
Page 8 | Rule 9(d) Time of Notice
A summary judgment motion cannot be heard until at least ten days after service of its notice under Supreme Court Rule 11.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | Rule 9(e) Summary Judgment
Orders to show cause may be served personally on the respondent.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent
Page 11 | Rule 16, Orders to Show Cause
Orders to show cause may be served by regular mail to the respondent’s last known address, as determined from the specified records or another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 11 | Rule 16, Orders to Show Causes
Written objections to an order to show cause must be served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16, Orders to Show Cause
The moving party must provide proof of service pursuant to Supreme Court Rule 12 with the affidavit, unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17, Affidavits in Matrimonial Cases
The responding party must file the affidavit with appropriate proof of service.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17, Affidavits in Matrimonial Cases
A copy of each required financial affidavit and settlement conference memorandum must be provided to the opposing party.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 13 | B. Mandatory Settlement Conferences, 2. Requirements Prior to Settlement Conference
When an agreement is reached under the specified conditions, the mediator must transmit it to the parties and every attorney of record.
(d) In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record.
Page 21 | Conclusion of Private Mediation
An intent to repudiate must be sent to the other party’s attorney, or directly to the party if unrepresented.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | Conclusion of Private Mediation
If neither side has counsel and the parties reach a total or partial agreement, the mediator must prepare an agreement and provide each party a copy at the end of mediation.
(c) When a total or partial agreement is reached and neither side is represented by counsel, the mediator shall prepare an agreement incorporating the terms of the agreement. Each party will be provided a copy of the agreement at the conclusion of the mediation.
Page 21 | Conclusion of Private Mediation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 25 | Completion of Mediation
The moving party must give written hearing notice to appearing parties not in default and to parties whose time to appear has not expired when notice is given.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 1 | Rule 9. Motions
An order to show cause must be served personally or by regular mail to the respondent’s last known address as determined from the specified records or another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent’s last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 1 | Rule 16. Orders to Show Cause
Personal service of a motion-hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 1 | Rule 9. Motions
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice stating the case details, judge, hearing date, and whether the motion was granted or denied on parties not in default.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead.
Page 1 | Rule 9. Motions
A written objection to the validity of an order to show cause must be filed and served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 1 | Rule 16. Orders to Show Cause
A copy of each written appearance must be served on all other parties who have appeared, using the method prescribed for service of pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 1 | Rule 5. Appearances and Default
The mediator must file the signed report within 14 days after mediation ends and serve a copy on all parties.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.
Page 1 | Rule 23. Civil Mediation Program
A judge may hear a case in a county where the judge does not regularly sit only with the Chief Judge’s approval or, alternatively, with approval from all parties and the county’s Resident Circuit Judge, notice to the Clerk, and mailed notices to all parties identifying the judge.
A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.
Page 5 | Rule 3. Presiding Judges
The timing for notice given by mail is governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 1 | Rule 9. Motions
The court directs how notice must be given for a motion made within a court day of trial.
Notice of motion made within a court day of trial shall be given as directed by the court.
Page 1 | Rule 9. Motions
Filing Fees and Waivers
The appearance fee must be paid when the party first appears and must accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 6 | Rule 5. Appearances and Default
One appearance fee is due for a single appearance on behalf of multiple parties, while separate appearances for multiple parties require separate fees.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 6 | Rule 5. Appearances and Default
The Clerk will not file a document or pleading until the required filing fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 7 | Rule 8(b) Filing Fee
The clerk must refuse to file a document or pleading until the required fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 1 | Rule 8. Clerks of the Circuit Court
The appearance fee is due when the party first appears and must accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 1 | Rule 5. Appearances and Default
One appearance fee is due for a single appearance covering multiple parties; separate appearances require separate fees, even if entered by the same counsel.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 1 | Rule 5. Appearances and Default
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of section 2-1402 of the Code of Civil Procedure, Illinois Revised Statutes chapter 110, section 2-1402 and Illinois Supreme Court Rule 277. , Illinois Revised Statutes chapter 110A, section 277.
Page 1 | Rule 5. Appearances and Default
Local counsel who files the required written appearance is not required to pay an appearance fee.
When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
Page 1 | Rule 5. Appearances and Default
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of Section 2-1402 of the Code of Civil Procedure, 735 ILCS 5/2-1402, and Supreme Court Rule 277.
Page 6 | Rule 5. Appearances and Default
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 1 | Rule 21. Family Mediation Program
2. The judicial mediator may electronically record those portions of a mediation in which any agreement of the parties is recited, but shall seal, exclusively retain and may destroy them.
2. The judicial mediator may electronically record those portions of a mediation in which any agreement of the parties is recited, but shall seal, exclusively retain and may destroy them.
Page 22 | Confidentiality and Privilege
Adjournment & Extension Requirements
Additional continuances may be granted only upon a showing of good cause.
Additional continuances shall not be granted without good cause shown.
Page 10 | Rule 15(a) — Trial
A further continuance in a small claims case requires a showing of good cause.
Additional continuances shall not be granted without good cause shown.
Page 1 | Rule 15. Small Claims
Mediation must be completed within 60 days of assignment unless good cause is shown, and either party may petition for additional time if it is not completed by then.
Mediation shall be completed within 60 days of assignment, except for good cause shown. In the event that mediation is not complete within said 60 days, either party may petition the court for additional time.
Page 1 | Rule 23. Civil Mediation Program
Chambers Communication Rules
Participants may contact the respective county’s Circuit Clerk’s Office for remote login credentials and phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county.
Page 27 | Rule 24.B. How to Appear Remotely