Circuit Court of Hardin County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements5 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.
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.
Pleadings and other papers must be neatly typed or printed and at least double-spaced, except pro se parties may file neatly hand-printed papers with similar spacing.
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.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
A mediated agreement may, but need not, substantially follow the agreement form promulgated by the Chief Judge’s Office.
Formatting
- •Use of the Chief Judge's Office mediated-agreement form is optional
Court's wording
In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the form of the agreement may, but does not have to be, substantially the same as the agreement form promulgated by the Chief Judge's Office for mediated agreements.
Document Filing Requirements45 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.
No party or attorney shall address the court before filing such written appearance.
An attorney not regularly licensed in Illinois must obtain pro hac vice admission before filing an appearance for another, on a motion accompanied by the attorney’s affidavit in substantially prescribed forms and disclosing prior Illinois cases.
Court's wording
Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice. The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
A written appearance filed without further pleading must comply with Rule 5(a), be acknowledged under oath with the specified statement, and, if it waives notice or consents to an immediate hearing, state that the party received the relevant pleading and attach it, unless a statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
A hearing notice must identify the action, hearing date and time, and motion, and include the written motion and accompanying papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
In civil cases, pleadings and entries of appearance must identify the circuit, county, parties and case number to be accepted for filing.
- 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.
A post-hearing notice following a motion heard without prior notice must identify the action, judge, hearing date, and whether the motion was granted or denied.
- Document
- Notice of hearing
Must include
- •Judge name
Court's wording
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.
Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.
Court's wording
It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
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.
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.
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.
Sheriffs shall certify the periods prisoners have been in their custody substantially in the form 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. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
when required by the court for determining periods of work release or other purposes, defendants in criminal and traffic cases shall furnish work schedules and other information in substantially the form required by Administrative Order of the Chief Judge.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
In matrimonial proceedings, the moving party must prepare and file an affidavit substantially in the form required by the Chief Judge’s Administrative Order before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
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.
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.
Before the initial case management conference in a case with contested qualifying issues, parties must satisfy the stated Circuit Rule 21 mediation prerequisites.
Court's wording
Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.
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.
(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 to the Circuit Clerk that reflects the affidavit's concluding section.
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.
However, mediation shall not be required if the court, upon motion supported by affidavit, finds that a case should not be mediated because of impediment or other circumstances.
Prior to the commencement of mediation, all participants in the mediation shall sign the confidentiality agreement prescribed by these rules.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
After mediation, the mediator must file the Chief Judge’s report form stating the termination date and reason and any issues resolved, without stating why the parties could not reach agreement.
Court's wording
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.
Summonses, notices, and court orders setting court dates issued by private counsel and filed in the Second Judicial Circuit must include the specified remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
When remote appearance is an option, clerk-issued summonses, notices, and court orders setting court dates must include the specified remote-appearance and courthouse information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Clerk-issued summonses, notices, and court orders setting court dates must include the specified language directing readers to Rule 24 and the court website.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
A pro se written appearance filed without further pleading must be acknowledged before an authorized officer, with additional statements and an attached pleading when it includes a waiver of notice or consent to immediate hearing.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
In civil cases, a pleading or appearance must identify the circuit, county, parties and their designations, and case number to be accepted for filing.
- Document
- Pleading or appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
When filing a Section 5-3 heirship affidavit, the representative must also submit a separate proposed order reflecting the affidavit’s concluding language.
- Document
- Heirship affidavit filing
Must include
- •Proposed order
Court's wording
At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state 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.
When remote appearance is an option, Clerk-issued summonses, notices, and court orders setting court dates must include the assigned courtroom, remote-access details and instructions, and courthouse and Clerk contact information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
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.
Unless the court directs otherwise, the prevailing party’s attorney must promptly prepare and present the order or judgment to the court, other counsel, and any pro se parties.
Court's wording
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.
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.
A motion seeking relief concerning specified discovery materials must be filed with copies of the disputed portions at the same time.
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.
Clerk-issued summonses, notices, and court orders setting court dates must include the specified Rule 24 website 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.”
Private-counsel summonses, notices, and court orders setting court dates must include the specified remote-appearance language or may be rejected upon e-filing.
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 party or counsel must file a written appearance with their name, address, and telephone number, serve it on appearing parties, and file it before addressing the court.
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. No party or attorney shall address the court before filing such written appearance.
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.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
The petitioner may, but is not required to, give notice to the respondent before presenting such a petition to the court for issuance of an order.
Filing & Service rules
Electronic Filing Rules
Fax filing is prohibited under Rule 6.
Rule 6, no fax filing
Page 2 | Record of Amendments
The clerk 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 must not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Page 1 | Rule 6. Pleadings
Filing Timing and Cure Windows
A summary-judgment motion cannot be heard sooner than ten days after service of its notice of motion.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | Rule 9 — Motions
Unless the court orders otherwise, a party required to plead further after denial of a motion must do so within 21 days after the decision and docket entry, or within 21 days after filing of a written order if one is required.
Unless otherwise ordered by the court, a party who is required to plead further following denial of a motion shall do so within 21 days following announcement of the decision of the court and entry of an appropriate minute or docket order. If the court requires a written order, then the party shall plead within 21 days after filing of the written order.
Page 8 | Rule 9 — Motions
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | Rule 9 — Motions
If the Clerk’s office is open, a complaint or petition seeking one of the listed ex parte orders must be filed there before applying 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 8 | Rule 9 — Motions
File the reasonably anticipatable portions of specified discovery materials at the outset of trial or with the motion for which they are necessary.
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Page 9 | Rule 12 — Discovery
When seeking relief concerning specified discovery materials, file the disputed portions with the motion at the same time.
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Page 9 | Rule 12 — Discovery
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 the pretrial conference, at least three days before a contested hearing, or upon 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 the affidavit at the 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
Financial affidavits and pre-mediation questionnaires must be filed with the clerk at least 7 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
Mediators must file a statistical report on the prescribed form with the Trial Court Administrator at least quarterly.
All mediators shall file a statistical report on a prescribed form with the Trial Court Administrator at least quarterly.
Page 19 | J. Statistical Reporting
Unless mediation has ended sooner, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.
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.
Page 21 | Rule 23 — Civil Mediation Program
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.
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. Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | Rule 23 — Civil Mediation Program, C.1(d)
The mediator must sign and file the report in the case file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | 9. COMPLETION OF MEDIATION
Noncompliant summonses, notices, and court orders setting court dates are subject to e-file rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
Page 29 | C. Which Documents Must Include Remote Appearance Information
A written motion requesting permission to appear remotely must be filed at least 48 hours before the requested 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 34 | G. Requests to Appear Remotely When Approval is Required
Parties must file financial affidavits and pre-mediation questionnaires with the clerk at least seven days before the expedited or initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference.
Page 1 | Rule 21. Family Mediation Program
A written motion requesting permission to appear remotely must be filed at least 48 hours before the relevant court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
The court may direct that a motion, 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 — Motions
The moving party is responsible for securing a hearing; if a motion is not called within 90 days of filing, or within 30 days in criminal cases, the court may set it for hearing and may overrule or deny it for delay, and an opponent may set it instead.
The burden of securing a hearing on any motion is on the moving party. If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay. Nothing herein shall preclude an opponent from setting a motion not set by the movant.
Page 8 | 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 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.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 7 | Rule 9 — Motions
Motion notice must be given in the manner and to the persons specified in 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 — Motions
Personal-service notice must be delivered before 4:00 p.m. on the second court day before the 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 — Motions
When a motion is heard without prior notice, the attorney obtaining the order must serve written notice with the case, judge, hearing date, and disposition 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 — Motions
Objections to an order to show cause must be served on the other party at least 48 hours before the hearing, unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16 — Orders to Show Cause
Orders to show cause may be served personally, by regular mail to the respondent’s last known address as determined from the specified sources, or by another reasonable means.
As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 11 | Rule 16 — Orders to Show Cause
The responding party’s affidavit must be filed 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
The moving party’s affidavit must include proof of service pursuant to Supreme Court Rule 12, 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
Each party must provide the opposing party a copy of the required settlement conference filings at least seven days before the conference.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 13 | Rule 19 — Pretrial Conferences in Family Cases
An intent to repudiate must be sent to the other party’s attorney or, if that party is unrepresented, directly to the party.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | Rule 23 — Civil Mediation Program, C.1(d)
The mediator must transmit the agreement to the parties and attorneys of record, and a party must file an intent to repudiate before the continued conference or, if it is less than 10 days after mediation, within 10 days.
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. Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | Rule 23 — Civil Mediation Program, C.1(d)
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 | 9. COMPLETION OF MEDIATION
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with specified case and ruling information and file proof of service within two days.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 1 | Rule 9. Motions
The mediator must sign and file the mediation report within 14 days after mediation ends and serve a copy on all parties.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation. A copy of said report shall be served by the mediator upon all parties.
Page 1 | Rule 23. Civil Mediation Program
A written appearance must be served on all other parties who have appeared, in the manner 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
Written objections to an order to show cause must be filed and served 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 summary judgment motion cannot be heard sooner than ten days after service of its notice.
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
Personal-service notice of a motion hearing must be delivered before 4:00 p.m. on the second court day before the 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 1 | Rule 9. Motions
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 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 specified records or another reasonable means.
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
After dismissal for want of prosecution, the Clerk must give notice by mail.
The Clerk of the Court shall give notice of such by mail.
Page 1 | Rule 5.1 Dismissal for Want of Prosecution
The moving party must give written hearing notice to appearing parties not in default and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
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 7 | Rule 9 — Motions
The timing and requirements for motion-hearing notice by mail are governed by Supreme Court Rule 12(c).
Notice given by mail is governed by Supreme Court Rule 12(c).
Page 8 | Rule 9 — Motions
At the court’s discretion, emergency and legally ex parte motions may be heard without being called for hearing, and emergency motions receive priority whenever possible.
Emergency motions and motions which by law may be made ex parte may, at the discretion of the court, be heard without calling the motion for hearing. Whenever possible, emergency motions shall be given priority.
Page 8 | Rule 9 — Motions
Filing Fees and Waivers
One appearance fee is due for a single appearance covering multiple parties; separate appearances require separate fees.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 6 | Rule 5 — Appearances and Default
The appearance fee must be paid when the party first appears and accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 6 | Rule 5 — Appearances and Default
The Clerk will not file a document or pleading until the required 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 — Clerks of the Circuit Court
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 1 | Rule 5. Appearances and Default
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
No appearance fee is required of a person cited in the specified supplementary proceedings.
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
No appearance fee is required when an attorney appears as local counsel and files the required written appearance.
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
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 1 | Rule 21. Family Mediation Program
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 judicial mediator may electronically record portions of mediation reciting an agreement and must seal and exclusively retain those recordings, but may destroy them.
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 | Rule 23 — Civil Mediation Program, ARTICLE III.A.2
Adjournment & Extension Requirements
In small claims cases, if either party is not ready, the court must continue the case to an early date; additional continuances require good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Page 10 | Rule 15 — Small Claims
Mediation must be completed within 60 days of assignment unless good cause is shown; 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 25 | 3. TIME FOR MEDIATION
In small claims cases, additional continuances may be granted only upon a showing of good cause.
Additional continuances shall not be granted without good cause shown.
Page 1 | Rule 15. Small Claims
Civil mediation must be completed within 60 days of assignment unless good cause is shown, and either party may petition for more time if mediation 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 Circuit Clerk’s Offices for remote-court appearance information.
The Circuit Clerk’s Offices of the Second Judicial Circuit may be contacted as follows:
Page 27 | Rule 24. Attending Court Remotely by Phone or Video — B. How to Appear Remotely