Circuit Court of Hardin County, Illinois (2nd Judicial Circuit) Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

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.

CRITICAL

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.

CRITICAL

Deadline

48 hours

Applies to

Written motion to appear remotely

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.

WARNING

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.

WARNING

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.