Court Rules

Circuit Court of Henry County, Illinois (14th Judicial Circuit)

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Limits & Logistics

Document Limits

Motion Or Supporting Or Opposing Writing
10 pgs

Courtesy Copies

Contested Motion

  • Not Less Than 10 Days Before Hearing

Courtesy copies

  • 1 copy • Hand Delivery • Same Day As Filing

Adjournments

  • A party seeking to advance or postpone an arbitration hearing must file written notice, include a concise reason, and obtain the Supervising Judge’s approval for good cause.
  • The mediator may adjourn the mediation conference at any time and set a time to reconvene.
  • Mediation must be completed within seven weeks of the first conference unless the court orders or the parties stipulate to an extension.
  • +5 more

Request must include

Reason For RequestProposed Rescheduled Date

Communication

Phone
Scheduling
Filters:

Page & Word Limits1 rule

Page LimitsMandatory

No motion or writing in support of or in opposition to a motion shall exceed ten (10) pages in total length (excluding supporting documents) without prior leave of Court.

Motion Or Supporting Or Opposing Writing

10 pages

Document Format Requirements10 rules

FormattingMandatory

All citations shall be in conformity with Supreme Court Rule 6.

FormattingMandatory

All documents submitted shall be double spaced and shall contain margins of at least one (1) inch at the top, bottom and each side. Type shall be no less than twelve (12) characters per inch. Failure to comply with this rule shall be sufficient grounds for the Court's refusal to consider the offending document.

Typography
Line SpacingDouble
Layout & Binding
Margins
Top:1"
Left:1"
Right:1"
Bottom:1"
FormattingMandatory

The parties shall provide the Court and opposing counsel with a typewritten list identifying all witnesses who a party intends to testify during the trial.

FormattingMandatory

The required exhibit list must be typed.

In addition, the attorneys for the parties or any party not represented by an attorney is required to submit at the pre-trial conference a typed "Exhibit List" which shall identify all exhibits intended to be offered by each party, itemizing such exhibits numerically by their identifying number.

FormattingMandatory

(b) Where multi-page documents are required, the backs of the papers shall be utilized in such manner that same may be read without removing same from the file or turning the file 180 degrees. Two post Binding at the top of the paper shall be used.

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 10
|SecPART 8. RULES RELATING TO PROBATE
FormattingMandatory

(c) Required filings which are not included in the published forms shall be prepared in the above form.

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 10
|SecPART 8. RULES RELATING TO PROBATE
FormattingMandatory

(a) Probate forms now on file and numbered p-1A through p-145, as amended from time to time, shall be used in the Fourteenth Judicial Circuit.

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 10
|SecPART 8. RULES RELATING TO PROBATE
FormattingImportant

(f) Where addenda are required to furnish information which will not fit in the space provided on the form, recite same in the applicable space and refer to a clearly marked exhibit prepared on 8 ½" by 11" paper.

Required Format

Paper

FormattingImportant

(h) Typewritten or printed papers shall have a 1 ½" minimum blank space at the binding end of the paper.

FormattingNote

(e) Wills and trusts heretofore executed on long paper may be filed, but wills, etc., prepared after January 1, 1982, should be on 8 ½" by 11" paper.

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 10
|SecPART 8. RULES RELATING TO PROBATE

Document Filing Requirements86 rules

Filing RequirementsMandatory

Except in traffic cases, parties seeking relief must request it by written motion.

With the exception of traffic cases (TR), all interested parties, seeking a form of relief from the Courts, shall make such request in the form of a written motion and send a copy of same with notice to all other parties of record.

DocumentMotion

Henry:0871c46c7d8023c694c10b4c · Jun 2017 · p. 1
|SecWritten Motions and Notice to Other Parties
Filing RequirementsMandatory

b.  I received a pardon from the Governor of the State of Illinois allowing expungement. (Attach a copy of the pardon.); OR

DocumentExpungement Request Form

EXP-AD Request · p. 2
|SecREQUEST TO EXPUNGE CRIMINAL RECORDS
Filing RequirementsMandatory

c.  I received a Certificate of Eligibility for Expungement by the Prisoner Review Board. (Attach a copy of the Certificate.); OR

DocumentExpungement Request Form

EXP-AD Request · p. 2
|SecREQUEST TO EXPUNGE CRIMINAL RECORDS
Filing RequirementsMandatory

• Enter all charges for each case number.

EXP-AD Request · p. 4
|SecREQUEST TO SEAL CRIMINAL RECORDS
Filing RequirementsMandatory

• For Outcome, enter an outcome that reflects the outcome for each charge or case. Use the shortened version of the outcome from the Outcome Abbreviations for Sealing section below.

DocumentRequest To Seal

EXP-AD Request · p. 4
|SecREQUEST TO SEAL CRIMINAL RECORDS
Filing RequirementsMandatory

• Enter all eligible arrests, charges, and convictions you want sealed.

DocumentRequest To Seal

EXP-AD Request · p. 4
|SecREQUEST TO SEAL CRIMINAL RECORDS
Filing RequirementsMandatory

e. I did not complete the same educational goal before. e. I have attached proof of the program I completed to this Request.

DocumentRequest To Seal Criminal Records

EXP-AD Request · p. 5
|SecREQUEST TO SEAL CRIMINAL RECORDS
Filing RequirementsMandatory

21.  For at least one case, I received a Certificate of Eligibility for Sealing by the Prisoner Review Board. (Attach a copy of the Certificate.)

DocumentRequest To Seal Criminal Records

EXP-AD Request · p. 5
|SecREQUEST TO SEAL CRIMINAL RECORDS
Filing RequirementsMandatory

(b) The parties shall file and exchange no later than the initial case management conference as statement addressing those factors enumerated in Supreme Court Rule 218(a) (1) through (10).

DocumentCase Management Statement

Filing RequirementsMandatory

The parties shall file with the Clerk of the Court all written motions and responses, together with any supporting briefs and affidavits.

DocumentMotion And Response

Filing RequirementsMandatory

Each motion and each basis for it must identify the applicable Code of Civil Procedure section and/or Supreme Court Rule number.

Every motion, and each basis in the motion, brought pursuant to the Code of Civil Procedure or Supreme Court Rule shall be identified by the Code of Civil Procedure section and/or the Supreme Court Rule number under which it is brought.

DocumentMotion

Filing RequirementsMandatory

A hearing notice must identify the action and hearing details, state the motion’s nature, and include the motion and accompanying papers or say they were previously served.

The notice of hearing shall show the title and number of action and the date and time and place when the motion will be presented. Notice of motion to be made shall state the nature of the motion. A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.

DocumentNotice Of Hearing

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 5
|Sec4.1 NOTICE OF HEARINGS AND MOTIONS
Filing RequirementsMandatory

At the pre-trial conference with the Court, the parties shall produce all of the exhibits (unless too cumbersome or unavailable at the time of the pre-trial conference) they expect to offer in evidence. Each exhibit shall be pre-marked for identification by the attorneys or parties.

DocumentTrial Exhibits

Filing RequirementsMandatory

The parties shall provide the Court and opposing counsel with a typewritten list identifying all witnesses who a party intends to testify during the trial.

DocumentWitness List

Filing RequirementsMandatory

Unless otherwise ordered, required pre-trial documents include witness and exhibit lists, voir dire questions, jury instructions, trial memoranda, statements of the case, motions in limine and responses, specified deposition materials, and Rule 213(f) disclosures.

Unless otherwise ordered, the pre-trial documents shall include the following: (1) witness lists; (2) exhibit lists; (3) voir dire questions; (4) jury instructions; (5) trial memoranda; (6) statements of the case; (7) motions in limine & responses to motions in limine; (8) evidence deposition transcripts, objections & index, per Rule 6.8; (9) Supreme Court Rule 213(f) disclosures, discovery depositions, and deposition index, per Rule 6.10.

DocumentPre Trial Documents

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 7
|Sec6.1 REQUIREMENTS OF FINAL PRE-TRIAL CONFERENCE
Filing RequirementsMandatory

Each party must provide a document listing all instructions by number for notation during trial as Withdrawn, Given, or Refused.

Each party shall also provide a document listing all instructions by number (such as, "Plaintiff's Tendered Instruction No. 1"), by the Court and parties during trial as to whether each instruction is "Withdrawn," "Given" or "Refused."

DocumentJury Instruction List

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 8
|Sec6.7 PROPOSED JURY INSTRUCTIONS
Filing RequirementsMandatory

Parties shall submit a list of questions which they request the Court to ask prospective jurors during voir dire examination.

DocumentVoir Dire Questions

Filing RequirementsMandatory

If the application or interpretation of a statute or rule of law is deemed of particular significance by counsel for any party or by a pro se litigant, such matter shall be called to the Court's attention in this trial memorandum.

DocumentTrial Memorandum

Filing RequirementsMandatory

If any non I.P.I. instructions are tendered, case citations are to be attached regarding supporting authority.

DocumentProposed Jury Instructions

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 8
|Sec6.7 PROPOSED JURY INSTRUCTIONS
Filing RequirementsMandatory

In jury trials, each party shall provide a typed statement of the case to be read by the Court to the jury.

DocumentStatement Of Case

Filing RequirementsMandatory

The parties must submit a written trial memorandum addressing anticipated factual and evidentiary issues and providing supporting legal authority and argument.

The parties shall submit a written trial memorandum. The pre-trial memoranda shall include factual and evidentiary issues which are anticipated to arise during the trial and provide both legal authority and argument to assist the Court in reaching required rulings on these issues.

DocumentTrial Memorandum

Filing RequirementsMandatory

Proposed jury instructions shall be presented by each side to the Court at this pre-trial conference and exchanged with opposing counsel.

DocumentProposed Jury Instructions

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 8
|Sec6.7 PROPOSED JURY INSTRUCTIONS
Filing RequirementsMandatory

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than ten (10) days prior to the pre-trial conference together with a typed index showing page and line of any unresolved objections.

DocumentEvidence Deposition Index

Filing RequirementsMandatory

At the pre-trial conference, parties must submit a typed exhibit list that numerically identifies each party’s intended exhibits and includes right-side columns for trial-status notations.

In addition, the attorneys for the parties or any party not represented by an attorney is required to submit at the pre-trial conference a typed "Exhibit List" which shall identify all exhibits intended to be offered by each party, itemizing such exhibits numerically by their identifying number. The exhibit list shall provide columns on the right hand side for notation by the Court and parties during trial as to whether each exhibit is "Identified," "Admitted," "Refused," or "Reserved."

DocumentExhibit List

Filing RequirementsMandatory

(a) For each Supreme Court Rule 213(f), (2) and (3) witness that will be called live at trial to testify, the party calling that witness shall provide to the court at the final pretrial conference a copy of the Supreme Court Rule 213(f) disclosure and supplements provided in discovery for that witness.

DocumentSupreme Court Rule 213(F) Disclosure

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 9
|Sec6.10 SUPREME COURT RULE 213(f) DISCLOSURES
Filing RequirementsMandatory

An attorney for the receiver shall be employed only upon order of the Court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.

DocumentReceiver'S Written Motion

Filing RequirementsMandatory

No later than 30 days after his appointment, the receiver shall file with the Court a detailed report and inventory of all property, real or personal, of the estate and designating the property within his possession or control.

DocumentReceiver'S Report And Inventory

Filing RequirementsMandatory

For each Rule 213(f)(2) or (3) witness called live at trial, the calling party must provide the court with any discovery deposition and an index locating the Rule 213(f) opinions at the final pretrial conference.

(b) For each (f)(2) and (f)(3) witness called live at trial, the party calling the witness shall also provide to the court at the final pretrial conference: (1) A copy of the discovery deposition (if one was taken); (2) A discovery deposition index showing line and page number for the Supreme Court Rule 213(f) opinions contained in the deposition; (3) The index contemplated by this rule would be similar to this: 1. Causation, looping p. 15, line 10 2. Causation, age p. 25, line 1 3. Deviation from the standard of care, p. 30, line 5

DocumentDiscovery Deposition And Index

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 9
|Sec6.10 SUPREME COURT RULE 213(f) DISCLOSURES
Filing RequirementsMandatory

A child custody affidavit required by 750 ILCS 36/209 must be filed in cases involving guardianship of a minor.

(k) In cases involving the guardianship of a minor, a child custody affidavit shall be filed as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended]).

DocumentChild Custody Affidavit

Filing RequirementsMandatory

A child custody affidavit required by 750 ILCS 36/209 must be on file before entry of an order affecting custody, visitation, parental-responsibility allocation, or parenting time in the specified proceedings.

(a) Filing of Child Custody Affidavits: In any proceeding wherein a custody of allocation of parental responsibilities determination is to be made by the Court or wherein the Court is asked to approve an agreed stipulation for modification of a previous custody or allocation of parental responsibilities determination, there shall be on file prior to the entry of an order affecting custody, visitation, allocation of parental responsibilities or parenting time, a child custody affidavit as required by 750 ILCS 36/209. (See Appendix of Forms of the Fourteenth Judicial Circuit, Form 9(a) [as the same may be from time to time amended].)

DocumentChild Custody Affidavit

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 11
|SecPART 9(A), Rules Relating to “Family” (750 ILCS) Cases, (a)
Filing RequirementsMandatory

Parties in the specified 750 ILCS proceedings must file a financial affidavit when seeking any of the listed forms of relief.

(b) Financial Affidavit: In all proceedings for dissolution of marriage, legal separation, declaration of invalidity of marriage or other actions brought under 750 ILCS where the relief sought includes a request for any of the following: 1. Property distribution; 2. Temporary, permanent or rehabilitative maintenance; 3. Temporary or permanent child support; 4. Attorney's fees (actions where sought based on the ability of one party to pay and the inability of other party to pay); or 5. Allowable court costs; then the parties shall file a financial affidavit.

DocumentFinancial Affidavit

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 11
|SecPART 9(A), Rules Relating to “Family” (750 ILCS) Cases, (b)
Filing RequirementsMandatory

Legal representatives of estates must file an annual report or account.

(j) Pursuant to the discretionary authority vested with the Court under Section 755 ILCS 5/24-1, 5/24-3(a), 5/24-11, Illinois Probate Code, all legal representatives of estates in cases filed in the various courts of the Fourteenth Judicial Circuit, shall file an annual report or account.

DocumentAnnual Report Or Account

Filing RequirementsMandatory

2. Before a contested hearing on allocation of parental responsibilities and/or parenting time, the parties and their respective attorneys shall submit a joint parenting plan setting forth the agreements of the parties along with an appendix setting forth the parties' respective positions on issues in dispute.

DocumentJoint Parenting Plan

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 12
|SecPART 9(A), (d) Pre-Trial Memorandum and Order
Filing RequirementsMandatory

If temporary relief is sought the parties shall file the financial affidavit approved by the Illinois Supreme Court and mandated by 750 ILCS 5/501.

DocumentFinancial Affidavit

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 12
|SecPART 9(A), Rules Relating to “Family” (750 ILCS) Cases, (b)
Filing RequirementsMandatory

Before a contested second-half hearing on the specified petitions, the parties and their attorneys must submit the joint pre-trial memorandum in Form 9(d) 1.

1. Before a contested second half hearing on a petition for dissolution of marriage, legal separation or declaration of invalidity can be heard, the parties and their respective attorneys shall submit their joint pre-trial memorandum as set forth in the Appendix of Forms of the Fourteenth Judicial Circuit as Form 9(d) 1 (as the same may from time to time be amended).

DocumentJoint Pretrial Memorandum

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 12
|SecPART 9(A), (d) Pre-Trial Memorandum and Order
Filing RequirementsMandatory

For relief other than temporary relief, either specified affidavit could be used through August 1, 2017; the financial affidavit must accompany the initial pleading, and Form 9(b) may not be used after that date.

Until August 1, 2017 parties seeking other relief may file either the financial affidavit approved by the Illinois Supreme Court or the affidavit set forth in the Appendix of Forms of the Fourteenth Judicial Circuit as Form 9(b) (as the same may from time to time be revised). A financial affidavit shall be filed with a party's initial pleading. After August 1, 2017 the Form 9(b) financial affidavit shall not be utilized.

DocumentFinancial Affidavit

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 12
|SecPART 9(A), Rules Relating to “Family” (750 ILCS) Cases, (b)
Filing RequirementsMandatory

but in all cases the agreed order shall contain recitations regarding the parties' gross and net monthly income, as the same are defined by 750 ILCS 5/505 if the Order reflects issues of support or maintenance.

DocumentAgreed Order

Filing RequirementsMandatory

All attorneys shall post their email address on the pleadings.

DocumentPleading

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 14
|SecEmail Address and Paper Filing
Filing RequirementsMandatory

Prior to the commencement of mediation, all participants, representatives, observers and mediators in the mediation shall sign a confidentiality agreement.

DocumentConfidentiality Agreement

Filing RequirementsMandatory

The court must enter a judgment or order stating its findings and incorporating the agreement so its terms become part of the judgment or order.

(B) Approval by Court. The court shall enter an appropriate judgment or order stating its findings and shall incorporate, either explicitly or by reference, the agreement so the terms of such agreement are also the terms of the judgment or order.

DocumentJudgment Or Order

Filing RequirementsMandatory

When agreements or partial agreements are reached by the parties during mediation, there shall be produced a written account of the same.

DocumentMediated Agreement

Filing RequirementsMandatory

Upon termination without agreement, the mediator shall file with the court a final mediator report stating that the mediation has concluded without disclosing any reasons for the parties' failure to reach an agreement.

DocumentFinal Mediator Report

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 20
|SecTermination Without an Agreement
Filing RequirementsMandatory

The motion must include a proposed Case Management Order.

DocumentMotion

Content & Formatting
Proposed Order
Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 22
|SecPART 10. DISMISSAL FOR WANT OF PROSECUTION
Filing RequirementsMandatory

The specified notices must include the quoted arrest-warrant warning in bold type or underlined, in addition to the hearing’s time, date, and place.

Notices of hearings to discover assets, petitions for adjudication of contempt, and any other hearing where a warrant of arrest may issue for a party's failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type or underlined: "Your failure to appear at this hearing may result in the issuance of a warrant for your arrest."

DocumentHearing Notice

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 30
|SecPART 19.2 POST-JUDGMENT NOTICES: WHEN WARNINGS REQUIRED
Filing RequirementsMandatory

If the parties cannot agree as to the contents of the draft order, the prevailing party shall set a special hearing on the entry of the draft order within fourteen (14) court days following the announcement of the decisions. The other party may submit at such hearing that party's recommended draft order.

DocumentDraft Order

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 30
|SecPART 19.1 WRITTEN DRAFT ORDERS
Filing RequirementsMandatory

Unless the Court directs otherwise, the prevailing party’s attorney must prepare and present a written draft order within ten court days and, when the opposing party is represented, present it to opposing counsel for examination before entry.

In all court proceedings in which an order is to be submitted, the attorney for the prevailing party shall prepare and within ten (10) court days present to the Court a written draft of the order, unless the Court directs otherwise. When the opposing party is represented by counsel, the draft order shall be presented to counsel for examination before entry by the Court, except when otherwise directed by the Court.

DocumentDraft Order

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 30
|SecPART 19.1 WRITTEN DRAFT ORDERS
Filing RequirementsMandatory

Any petition alleging contempt shall state whether it is civil or criminal in nature and the relief sought.

DocumentPetition

Filing RequirementsMandatory

Upon imposition of sanctions, the Court shall enter a written judgment order setting forth the factual basis of the finding and specifying the sanctions imposed.

DocumentWritten Judgment Order

Filing RequirementsMandatory

The petition shall be verified and set forth with particularity the nature of the alleged contemptuous conduct.

DocumentPetition

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 34
|Sec21.3 INDIRECT CRIMINAL CONTEMPT
Filing RequirementsMandatory

When referral is required, the original judge must specify the alleged acts in writing, direct preparation of a proceeding record, and transfer the matter for reassignment.

In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, shall direct that a record of the proceedings surrounding the said acts be prepared, and shall transfer the matter to the appropriate assignment judge for reassignment.

DocumentWritten Charge

Filing RequirementsMandatory

If the Court finds that the petition sets forth allegations which support the charge, it shall set the matter for hearing and order that notice be given to the respondent.

DocumentHearing Notice

Filing RequirementsMandatory

The petition shall be verified and shall set forth with particularity that portion of the Court order that is alleged to have been violated and the nature of the violation.

DocumentPetition For Adjudication Of Civil Contempt

Filing RequirementsMandatory

Upon adjudication of contempt, the Court shall enter a written judgment order setting forth the factual basis for the finding and specifying the sanctions imposed.

DocumentContempt Judgment Order

Filing RequirementsMandatory

Upon an adjudication of civil contempt, a written judgment order shall be entered specifying the contumacious conduct, sanctions imposed, and the means by which the respondent may purge himself.

DocumentCivil Contempt Judgment Order

Filing RequirementsMandatory

Every complaint or counterclaim filed shall contain specific prayers for relief except that in actions for injury to the person, the ad damnum may be pleaded except to state whether the damages sought are greater than $10,000 but not exceeding $75,000.

DocumentComplaint Or Counterclaim

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 38
|SecRule 1. CIVIL ACTIONS SUBJECT TO MANDATORY ARBITRATION (S.C. Rule 86)
Filing RequirementsMandatory

The complaint and all summonses shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."

DocumentComplaint And Summons

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 39
|SecRULE 3. SCHEDULING OF HEARINGS
Filing RequirementsMandatory

All documents referred to under this provision shall be accompanied by a summary cover sheet listing each item that is included detailing the money damages incurred by the categories as set forth in this rule and specifying whether each bill is paid or unpaid.

DocumentDocuments Offered In Evidence

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 40
|SecRULE 5. CONDUCT OF THE HEARINGS (S.CT. RULE 8)
Filing RequirementsMandatory

A party intending to use expert opinion or testimony must give every other party written notice at least 30 days before the hearing, accompanied by a statement containing the specified expert and opinion information.

A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than thirty (30) days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert's qualifications, the subject matter, the basis of the expert's conclusions, and the expert's opinion as well as any other information required by Rule 222(d)(6).

DocumentExpert Witness Notice

Filing RequirementsMandatory

Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.

DocumentMediation Summary

Henry:fdc964a636cb122a561a41ed · Jun 2017 · p. 49
|SecPART 26. COURT-ANNEXED CIVIL MEDIATION PROGRAM RULES, RULE 3(a)

Filing & Service rules

Electronic Filing Rules

Until mandatory paper filings are eliminated, a document served by email must still be filed with the Circuit Clerk in original paper form with original signatures, unless it was e-filed under permissive e-filing.

Until such time as e-filing requirements eliminate mandatory paper filings with the clerk, if a donation is served by email, original paper copies with original signatures must still be filed with the Circuit Clerk (unless the document was e-filed under permissive e-filing).

Page 14 | Email Address and Paper Filing

A person may use a qualifying electronic signature on a court filing; it has the effect of a handwritten signature, and the court may require evidence of its authenticity and validity.

2. Use of Electronic Signatures. A person may use an Electronic Signature to sign a record filed with the court, provided that the Electronic Signature is: (a) Unique to the person making the signature; (b) Under the control or direction of the person making the signature; and (c) Authorized by the person to whom the Electronic Signature belongs, if used by another individual. 3. Signature Equivalency. A document filed with a court that bears a valid Electronic Signature shall be deemed signed to the same extent as a document that bears a handwritten signature. 4. Authentication and Verification. A court may require a person who uses an Electronic Signature on a document filed with a court to provide evidence of the authenticity and validity of the Electronic Signature, either at the time the document is filed or at any subsequent time.

Page 61 | Use of Electronic Signatures; Signature Equivalency; Authentication and Verification

Filing Timing and Cure Windows

Unless the Court orders otherwise, summary-judgment and involuntary-dismissal motions must be filed no later than 90 days before trial.

Unless otherwise ordered by the court, and pursuant to Supreme Court Rule 191, motions for summary judgment under section 2-1005 of the Code of Civil Procedure and motions for involuntary dismissal under section 2-619 of the Code of Civil Procedure must be filed not later than 90 days before the trial date.

Page 6 | 4.2 MOTIONS PRACTICE

If the Clerk’s Office is open, the specified complaint or petition must be filed there before applying to a judge for the requested ex parte relief or order.

Every complaint or petition upon which it is sought to obtain ex parte, an order for the appointment of a receiver or a temporary restraining order, for a preliminary injunction, for an order of protection, or for an order of ne exeat republica shall be filed in the Office of the Clerk if that office is open before application to a judge for the order.

Page 6 | 4.3 EX PARTE AND EMERGENCY MOTIONS

The hearing on a covered summary-judgment or involuntary-dismissal motion must be set at least 60 days before trial.

The date for hearing of such motion shall be set for a date not less than 60 days prior to the date of trial.

Page 6 | 4.2 MOTIONS PRACTICE

In an action with an ordered pre-trial conference, the required pre-trial documents must be filed and served at least four court days before the conference.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

Page 7 | 6.1 REQUIREMENTS OF FINAL PRE-TRIAL CONFERENCE

Unless otherwise ordered, evidence depositions and a typed index identifying the page and line of each unresolved objection must be presented to the trial judge at least ten days before the pre-trial conference.

Unless otherwise ordered, all evidence depositions shall be presented to the trial judge no later than ten (10) days prior to the pre-trial conference together with a typed index showing page and line of any unresolved objections.

Page 8 | 6.8 EVIDENCE DEPOSITIONS

Motions in limine and responses must be filed four days before the pre-trial conference.

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

Page 8 | 6.9 MOTIONS IN LIMINE

Unless the Court orders otherwise, the first report is due by the first Monday of the month following one year after Letters of Office issue, and later reports are due annually until the estate closes.

The first such report or account shall be due, unless otherwise ordered by the Court, by the first Monday of the month following one year from the issuance of Letters of Office. Thereafter, unless otherwise ordered by the Court, an annual report or account will be due on each anniversary or until the estate is closed.

Page 11 | (j)

The petitioner must complete and file the documents no later than two court days before the hearing.

Petitioner shall complete and file the document(s) no later than two court days prior to the hearing date,

Page 13 | Rule 9(d)

For each case, the mediator must prepare a statistical report on the prescribed form and file it at least quarterly with the Court Administrator.

(ii) Statistics. The mediator shall prepare a statistical report for each case on the prescribed form and file them at least quarterly with the Court Administrator.

Page 20 | Reporting Procedures—Statistics

The mediator must prepare and file the prescribed Mediator's Report within 20 business days after mediation ends and, if ordered mediation remains pending, every 90 days from entry of the initial appointment order.

(i) Mediators Report. The mediator shall prepare and file a Mediator's Report on the prescribed form within twenty (20) business days of the termination of mediation and, if the ordered mediation has not yet been terminated, every ninety (90) days from the entry of the initial Order appointing the Mediator.

Page 20 | Reporting Procedures—Mediators Report

The parties or their attorneys, if applicable, must present each mediated agreement to the court within 30 days after the final Mediator's Report is filed.

(A) Presentation of Order. Each mediated agreement shall be presented by the parties or their attorneys (if applicable) to the court within 30 days following the filing of the final Mediator's Report.

Page 20 | Presentation of Order

The respondent may file a written answer specifying denied allegations and any affirmative defenses no later than three days before the hearing.

No later than three (3) days prior to the hearing, the respondent may file a written answer denying, with specificity, any of the allegations together with any affirmative defense.

Page 36 | 21.4 CIVIL CONTEMPT

After all parties have appeared, the court assigns the earliest available arbitration hearing date and must provide at least 60 days’ written notice.

Upon the return date of the summons and the court finding that all parties have appeared the court shall assign an arbitration hearing date on the earliest available date thereafter, provided that not less than sixty (60) days written notice be given to the parties or their attorneys of record.

Page 39 | RULE 3. SCHEDULING OF HEARINGS

Unless the court orders otherwise, parties must file their Rule 222 initial disclosures within 14 days of the first return court appearance date.

However, unless otherwise ordered by the court, the parties shall file with the court their initial disclosure under Supreme Court Rule 222 within fourteen (14) days of the first return court appearance date.

Page 40 | RULE 4. DISCOVERY (S.CT. RULE 89)

The Chairperson must present the award to the Arbitration Administrator, who must then file it with the Circuit Court Clerk.

The Chairperson shall present the award to the Arbitration Administrator who shall then file same with the Clerk of the Circuit Court.

Page 43 | RULE 7. AWARD AND JUDGMENT ON AWARD (S.CT. RULE 92)

The panel must render its decision and enter the award on the day of the hearing.

The panel shall render its decision and enter an award on the same day of the hearing.

Page 43 | RULE 7. AWARD AND JUDGMENT ON AWARD (S.CT. RULE 92)

The mediator must file the report with the Circuit Court Clerk within 14 days after the last day of the mediation conference.

(j) Report of Mediator. The mediator shall report to the court in writing whether or not an agreement was reached by the parties, within fourteen (14) days after the last day of the mediation conference. The report shall designate, "full agreement," "partial agreement" or "no agreement." This report shall be signed by the mediator and shall be filed with the Circuit Court Clerk within fourteen (14) days after the last day of mediation conference.

Page 52 | (j) Report of Mediator

The mediator must report the existence of a signed or transcribed agreement to the court without comment within ten days.

The mediator shall report the existence of the signed or transcribed agreement to the court without comment within ten (10) days thereof.

Page 54 | RULE 9. FINALIZATION OF AGREEMENT

An attorney of record or unrepresented party may schedule a written motion to remove a case from the strike list for hearing on or before the strike day.

On or before the strike day, any attorney of record or party not represented by an attorney may schedule for hearing before the judge who is designated in the "strike list" notice, or that judge's designee, a written motion to remove the case from the strike list.

Page 22 | PART 10. DISMISSAL FOR WANT OF PROSECUTION

An applicant denied inclusion on or removed from the approved list may appeal in writing to the Circuit Court Advisory Committee within 10 days.

An applicant denied inclusion on, or removed from, the court approved list may appeal the decision in writing within ten (10) days to the Circuit Court Advisory Committee.

Page 22 | PART 9(B). QUALIFICATIONS, APPROVAL, LISTING AND DECERTIFICATION

Service and Proof of Service Rules

Except in traffic cases, a party seeking relief must send a copy of its motion with notice to all other parties of record.

With the exception of traffic cases (TR), all interested parties, seeking a form of relief from the Courts, shall make such request in the form of a written motion and send a copy of same with notice to all other parties of record.

Page 1 | Written Motions and Notice to Other Parties

When a party is identified as the People of the State of Illinois, the notice and motion must be sent to the Henry County State's Attorney's office.

If one party is identified as the People of the State of Illinois, the notice and motion shall be sent to the office of the Henry County State's Attorney.

Page 1 | Written Motions and Notice to Other Parties

Notice by personal delivery, mail, email, or facsimile must comply with Supreme Court Rule 11 as to manner and recipients.

Notice (whether personal delivery, mail, email, or facsimile) shall be given in the manner and to the persons described in Supreme Court Rule 11.

Page 5 | 4.1 NOTICE OF HEARINGS AND MOTIONS

The party requesting a hearing must give written notice of all motions to the specified parties unless the Court excuses notice.

Written notice of hearing of all motions, unless excused by the Court, shall be given by the party requesting hearing 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 notice.

Page 5 | 4.1 NOTICE OF HEARINGS AND MOTIONS

Absent a different rule, personal, fax, or email notice is due at least one court day before the hearing; mailed notice must be deposited on the fourth court day before it.

Unless otherwise provided, if notice of hearing is given by personal service, facsimile transmission or email, the notice shall be delivered not less than one court day preceding the hearing of the motion. If notice is given by mail, the notice shall be deposited in a United States Post Office or Post Office Box on the fourth court day preceding the hearing of the motion.

Page 5 | 4.1 NOTICE OF HEARINGS AND MOTIONS

After a motion is heard without prior notice, the attorney obtaining the order must serve specified written notice on the nondefaulting parties and file proof of service with the clerk within two days after the hearing, following Supreme Court Rule 11.

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 judge who heard the motion, date of the 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 and proof of service thereon shall be filed with the clerk within two days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.

Page 6 | 4.3 EX PARTE AND EMERGENCY MOTIONS

The party scheduling a telephonic hearing must serve and file a hearing notice unless the parties waive notice, and must initiate and pay for the call unless the parties agree otherwise or the Court orders otherwise.

The party scheduling same shall serve and file a notice of hearing as on other matters before the Court, unless notice is waived by the parties, and that party shall initiate and pay for the call unless otherwise agreed between the parties or ordered by the Court.

Page 6 | 4.4 TELEPHONE CONFERENCES

Required pre-trial documents must be served at least four court days before the conference.

In actions in which a pre-trial conference is ordered, the attorneys for each of the parties and each litigant not represented by an attorney shall file and serve such pre-trial typewritten documents required by the trial judge in the form required by the Court at least four court days prior to the conference.

Page 7 | 6.1 REQUIREMENTS OF FINAL PRE-TRIAL CONFERENCE

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

All motions in limine and responses to motions in limine shall be filed with the Court four days prior to the pre-trial conference, with copies served upon opposing counsel or to any party not represented by an attorney not later than seven days prior to the final pre-trial conference.

Page 8 | 6.9 MOTIONS IN LIMINE

The respondent must serve their completed documents on the petitioner at least three court days before the hearing.

Respondent shall complete his/her portion of the document(s) and serve the same on petitioner so that petitioner receives them no later than three court days prior to the hearing date.

Page 13 | Rule 9(d)

Unless the judge orders otherwise, the petitioner must serve their completed Rule 9(d) documents on the respondent at least six court days before trial.

Unless otherwise ordered by the judge assigned to the case, the petitioner shall complete his/her portion of the document(s) required under this Rule 9(d) and serve the same to respondent so that respondent receives them no later than six court days prior to a trial.

Page 13 | Rule 9(d)

For the specified 2-1401 filings made more than 30 days after the listed final judgments or orders, the matter is a new proceeding and service must be made on the party rather than a former attorney of record.

All modifications, rules or actions under 735 ILCS 5/2-1401 filed more than 30 days after entry of the second half judgment of dissolution, a final order allocating parental responsibilities and/or parenting time, a final order of child support or support per 750 ILCS 5/513I, or a final order of maintenance, shall be deemed a new proceeding and service shall be made upon the party as opposed to any prior attorney of record.

Page 14 | 735 ILCS 5/2-1401 Proceedings

The hearing notice for a motion to remove a case from the strike list must be given to all attorneys of record and unrepresented parties.

Notice of hearing on this motion shall be given to all attorneys of record and to all parties not represented by an attorney.

Page 22 | PART 10. DISMISSAL FOR WANT OF PROSECUTION

The committee chairman must cause summons and the petition to be served on the county board chairman and each board member at least 21 days before the hearing.

The chairman of the committee shall cause summons, together with a copy of the petition, to issue and to be served on the chairman and each member of the county board not less than twenty-one (21) days prior to the hearing.

Page 32 | 20.3 INFORMATION HEARING

Notice by personal service must be served at least seven days before the hearing.

Notice by personal service shall be served not less than seven (7) days prior to the hearing

Page 34 | 21.3 INDIRECT CRIMINAL CONTEMPT

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or returned in the manner as provided in Supreme Court Rule 105(b) or, if the Court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, postage prepaid, to the respondent's last known address.

Notice of the hearing and a copy of the petition shall be served and returned in the manner as provided in Supreme Court Rule 105(b) or returned in the manner as provided in Supreme Court Rule 105(b) or, if the Court so directs, the Clerk of the Court or petitioner's attorney may give notice by regular U.S. Mail, postage prepaid, to the respondent's last known address.

Page 34 | 21.3 INDIRECT CRIMINAL CONTEMPT

Notice by U.S. Mail must be mailed at least ten days before the hearing, and proof of mailing must be included in the record.

Notice by U.S. Mail shall be mailed not less than ten (10) days prior to the hearing. If notice is made by regular U.S. Mail, proof of mailing notice shall be made part of the record.

Page 34 | 21.3 INDIRECT CRIMINAL CONTEMPT

The respondent must be served with hearing notice and a copy of the petition, and the service must be made of record as specified in Rule 21.3(c).

Notice of the hearing and a copy of the petition shall be served on the respondent and made of record in the manner specified in Rule 21.3(c) of these rules.

Page 35 | 21.4 CIVIL CONTEMPT

A copy of the civil contempt judgment must be provided to the contemnor.

A copy of the judgment shall be provided the contemnor.

Page 36 | 21.4 CIVIL CONTEMPT

A party may offer the listed documents without foundation or other proof if every other party receives written notice of the intent to offer them at least 30 days beforehand, accompanied by a copy.

If at least thirty (30) days written notice of the intention to offer the following documents in evidence is given to every other party, accompanied by a copy of the document, a party may offer in evidence, without foundation or other proof:

Page 40 | RULE 5. CONDUCT OF THE HEARINGS (S.CT. RULE 8)

The motion and hearing notice must be served on other parties’ counsel and pro se parties, and provided to the Supervising Judge for Arbitration’s calendar and the Arbitration Administrator.

Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator.

Page 40 | RULE 3. SCHEDULING OF HEARINGS

Written notice of intent to use expert opinion or testimony must be given to every other party at least 30 days before the hearing.

A party who proposes to use a written opinion of an expert witness or the testimony of an expert witness at the hearing may do so provided a written notice of such intention is given to every other party not less than thirty (30) days prior to the date of hearing, accompanied by a statement containing the identity of the expert witness, the expert's qualifications, the subject matter, the basis of the expert's conclusions, and the expert's opinion as well as any other information required by Rule 222(d)(6).

Page 41 | Opinions of Expert Witnesses

The Circuit Court Clerk must serve notice of the award on all parties who have filed an appearance.

The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.

Page 43 | RULE 7. AWARD AND JUDGMENT ON AWARD (S.CT. RULE 92)

Notice of a hearing on a motion to defer mediation must be provided to all interested parties, including any appointed mediator.

Notice of the hearing shall be provided to all interested parties, including any mediation who has been appointed.

Page 50 | PART 26. COURT-ANNEXED CIVIL MEDIATION PROGRAM RULES, RULE 3(d)

The Court directs notice for motions made within a court day of trial, and notice of additional relief must comply with Supreme Court Rule 11.

Notice of motion made within a court day of trial shall be given as directed by the Court. Notice that additional relief has been sought shall be given in accordance with Supreme Court Rule 11.

Page 5 | 4.1 NOTICE OF HEARINGS AND MOTIONS

If a previously filed financial affidavit is no longer accurate, amendments must be timely filed and served.

If the financial affidavit previously filed is no longer accurate, amendments shall be timely filed and served.

Page 12 | PART 9(A), Rules Relating to “Family” (750 ILCS) Cases, (b)

A matter subject to dismissal may be dismissed and stricken after 14 days’ notice by mail.

All matters subject to dismissal under this rule may be dismissed and stricken upon 14 days notice by mail.

Page 22 | PART 10. DISMISSAL FOR WANT OF PROSECUTION

The committee chairman may direct the Circuit Clerk to mail notice and the petition to other appropriate persons at least 21 days before the hearing, and the clerk’s certificate of mailing must be made of record.

The chairman of the committee may direct the Circuit Clerk to give notice of the hearing to such other persons as he or she deems appropriate by placing such notice and a copy of the petition in an envelope having prepaid first-class postage thereon and depositing it in the United States Mail not less than twenty-one (21) days prior to the hearing. The Clerk's certificate of mailing notice shall be made of record.

Page 32 | 20.3 INFORMATION HEARING

Courtesy Copy Requirements

For every contested motion, the parties must deliver the listed paper copies to the assigned judge at least ten days before the hearing.

For every contested motion the parties shall deliver to the assigned judge not less than ten (10) days prior to the hearing paper copies of: (1) The motion, response, reply and supporting depositions. (2) Any pleadings involved in the motion, i.e., any pleading to which the court may need to refer in ruling on the motion. (3) Any writing in support of or in opposition to the motion. (4) Photocopies of cited legal authority on contested points of law.

Page 5 | 4.2 MOTIONS PRACTICE

The petitioner must hand-deliver a file-stamped paper courtesy copy to the judge on the day the documents are filed.

then on the same day hand deliver a file stamped paper courtesy copy to the judge

Page 13 | Rule 9(d)

Sealing & Redaction Procedures

The clerk must file the Confidential Disclosure Statement under seal and record filing details on the public docket; access is limited, and others must petition for a noticed hearing and in-camera review.

The Circuit Clerk shall file the f (1) Confidential Disclosure Statement under seal and note the date and which party filed the f (1) Confidential Disclosure Statement under seal on the public docket. Only judges, the parties and their present attorneys of record shall have access to the sealed information without a Court Order. Anyone else seeking access to the information must file a petition setting forth the basis for needing the information and set the matter for hearing after notice to the parties and attorneys of record pursuant to local rule. A judge of this circuit will then review the petition and sealed information in camera to determine whether or not the information merits disclosure.

Page 13 | Filing of Confidential Information

Impounded, sealed, or expunged information must be excluded from electronic public access, and inspection requests must be made in person at the clerk’s office.

VIS.: (a) Information that is impounded, sealed or expunged pursuant to law or by court rule, order or court, or pursuant to the Manual on Recordkeeping shall be excluded from public access in electronic form. Access and inspection of this information is governed by the existing court rules and laws for public access of the official court record. Requests for inspection must be made in person at the office of the clerk of court.

Page 59 | Section 4.30 – ELECTRONIC COURT RECORDS EXCLUDED FROM PUBLIC ACCESS

(b) While there is no authority prohibiting public access to certain other categories of information, there is no need to disclose such information to the public in an electronic form. The following information is excluded from public access in electronic form, unless access is provided at the office of the clerk of court. Such access shall be through the use of a computer terminal which does not allow information to be downloaded or exported, and only if such access is not otherwise prohibited by this Policy. - Financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit cards, first five digits of social security number of P.I.N. numbers of individuals or business entities; - Proprietary business information such as trade secrets, customer lists, Financial information or business tax returns; - Information constituting trade secrets, copyrighted or patented material or which is otherwise owned by the state or local government and whose release would infringe on the government's proprietary interest; - Notes, drafts and work products prepared by a judge or for a judge by court staff or individuals working for the judge related to cases before the court; - Names, addresses or telephone numbers of potential or sworn jurors in a Criminal case; - Juror questionnaires and transcripts of voir dire of prospective jurors; - Wills deposited with the court pursuant to the Manual on Record keeping; - Arrest warrants (at least prior to the arrest of the person named); and - Any documents filed or imaged, i.e. complaint, pleading, order.

(b) While there is no authority prohibiting public access to certain other categories of information, there is no need to disclose such information to the public in an electronic form. The following information is excluded from public access in electronic form, unless access is provided at the office of the clerk of court. Such access shall be through the use of a computer terminal which does not allow information to be downloaded or exported, and only if such access is not otherwise prohibited by this Policy. - Financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit cards, first five digits of social security number of P.I.N. numbers of individuals or business entities; - Proprietary business information such as trade secrets, customer lists, Financial information or business tax returns; - Information constituting trade secrets, copyrighted or patented material or which is otherwise owned by the state or local government and whose release would infringe on the government's proprietary interest; - Notes, drafts and work products prepared by a judge or for a judge by court staff or individuals working for the judge related to cases before the court; - Names, addresses or telephone numbers of potential or sworn jurors in a Criminal case; - Juror questionnaires and transcripts of voir dire of prospective jurors; - Wills deposited with the court pursuant to the Manual on Record keeping; - Arrest warrants (at least prior to the arrest of the person named); and - Any documents filed or imaged, i.e. complaint, pleading, order.

Page 59 | Section 4.30 – ELECTRONIC COURT RECORDS EXCLUDED FROM PUBLIC ACCESS

Circuit clerks must withhold the listed information from general public Internet access, but the restriction does not limit access by the specified officials, attorneys of record, or authorized law enforcement members.

A. The Circuit Clerks shall cause the following recorded information not to be provided on the Internet for access by the general public: 1. Driver's License Numbers 2. Medical Records 3. Employment History Information 4. Residential Street Addresses 5. All ordinance violations that are committed by minors under the age of seventeen (17) shall not be identified or disseminated over the Internet. 5. Names of Minor Children B. The above in no way limits access to these records by Judges, State's Attorneys, Attorneys of Record In the case, or authorized members of law enforcement.

Page 59 | RULE 3. RECORDS RESTRICTED BY LOCAL RULE

In an effort to limit identity theft, the following information should not be contained in pleadings open to the general public and filed with the Circuit Clerk: a. Date of Birth b. Social Security Number (it is acceptable to identify the last four digits in the public portion of the record) c. Driver's License Number d. Children's Date of Birth (acceptable to identify the age of the child at the time of the pleading) e. Children's Social Security Number 2. The information identified in paragraph f (1) above should be filed with the Circuit Clerk under seal using the form called Confidential Disclosure Statement as set forth in the Forms portion of these rules, and hereinafter called f (1) Confidential Disclosure Statement.

In an effort to limit identity theft, the following information should not be contained in pleadings open to the general public and filed with the Circuit Clerk: a. Date of Birth b. Social Security Number (it is acceptable to identify the last four digits in the public portion of the record) c. Driver's License Number d. Children's Date of Birth (acceptable to identify the age of the child at the time of the pleading) e. Children's Social Security Number 2. The information identified in paragraph f (1) above should be filed with the Circuit Clerk under seal using the form called Confidential Disclosure Statement as set forth in the Forms portion of these rules, and hereinafter called f (1) Confidential Disclosure Statement.

Page 13 | Filing of Confidential Information

Filing Bundling Requirements

The Case List form must be filed together with the Request form.

The Case List form must be filed at the same time you file this Request form.

Page 1 | REQUEST TO EXPUNGE AND/OR SEAL CRIMINAL RECORDS

All grounds attacking a pleading or paper must be included in one motion, which remains subject to the stated page limit.

All grounds attacking a pleading or paper shall be contained in a single motion and shall be subject to the foregoing page limits.

Page 6 | 4.2 MOTIONS PRACTICE

Pre-Motion Conference Requirements

Motions under the listed rules and statutes must be noticed for the 9:00 a.m. walk-in call, after which the Court sets briefing and argument dates.

Every motion brought pursuant to Supreme Court Rule 219, Supreme Court Rule 137 or Sections 2-615, 2-619, 2-619.1 or 2-1005 of the Code of Civil Procedure shall be noticed for hearing for presentation of the motion to the Court at a 9:00 a.m. walk-in call, whereupon an order will be entered setting a briefing schedule and a hearing for arguments on the motion.

Page 5 | 4.2 MOTIONS PRACTICE

The parties, their counsel, and any applicable guardian ad litem must attend a joint face-to-face settlement conference, in person unless good cause is shown for attendance by conference telephone; its time and place may be agreed or ordered by the Court.

1. The parties and their respective counsel, including any guardian ad litem where applicable, shall attend in person or, for good cause shown by conference telephone, a face-to-face settlement conference. The joint settlement conference may be held at such time place and time as agreed or ordered by the Court.

Page 12 | PART 9(A), (c) Face-to-Face Settlement Conference

The Court may hear emergency or legally ex parte motions without calling them for hearing, and emergency motions should receive precedence as far as possible.

Emergency motions and motions which by law may be made ex parte may, in the discretion of the Court, be heard without calling the motion for hearing. Emergency motions shall, so far as possible, be given precedence.

Page 6 | 4.3 EX PARTE AND EMERGENCY MOTIONS

At the settlement conference, participants must negotiate in good faith, identify and stipulate disputed issues, stipulate agreed matters, complete and sign the required pre-trial memorandum, and consider other matters that may aid or simplify the case, including updating a financial affidavit.

a. Conduct good faith settlement negotiations; b. Identify the disputed issues which the Court needs to resolve and prepare a stipulation as to the disputed issues; c. Prepare any stipulation with respect to agreed matters; d. Complete the appropriate pre-trial memorandum as required under subsection (1) of this Rule 9(d) and sign the same; e. Consider any other matters which may aid, expedite or simplify the pending matter including preparing an update amendment to any previously filed financial affidavit.

Page 12 | PART 9(A), (c) Face-to-Face Settlement Conference, 2

Adjournment & Extension Requirements

Any continuance must be set for a specific date.

(d) All continuances shall be to a date certain.

Page 4 | 3.1 SCHEDULING AND CONDUCT

Continuances in these cases are not granted except for good cause shown, and cases should be tried or otherwise disposed of as soon as possible.

It is the policy of the Circuit that all such cases shall be set for trial and tried by jury or on jury waiver or otherwise disposed of as soon as possible, and that continuances not be granted in such case, except for good cause shown.

Page 28 | 11.2 POLICY – CONTINUANCES

The parties may not cancel a scheduled hearing by agreement without the assigned judge’s concurrence.

No scheduled hearing shall be cancelled by agreement of the parties without concurrence of the assigned judge.

Page 29 | PART 16. RESPONSIBILITY OF ATTORNEYS WHEN HEARINGS ARE CANCELLED

A party seeking to advance or postpone an arbitration hearing must file written notice, include a concise reason, and obtain the Supervising Judge’s approval for good cause.

Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written notice with the office of the circuit clerk requesting such change. Such motion and notice of hearing thereon shall be served upon counsel for all other parties and upon pro-se parties in the same matter as other motions and a copy of the motion and notice of time of hearing thereon on the calendar of the Supervising Judge for Arbitration, and shall likewise be served upon the Arbitration Administrator. The motion shall contain a concise statement of the reason for the change of hearing date. The Supervising Judge may grant such advancement or postponement upon good cause shown.

Page 40 | RULE 3. SCHEDULING OF HEARINGS

A judge’s substitution does not automatically constitute cause for a continuance.

(c) Continuance: The substitution of a judge is not automatically cause for a continuance.

Page 4 | 2.2 SUBSTITUTION OF JUDGE

Failure to notify the scheduling clerk may justify sanctions against the offending party or attorneys in appropriate cases.

A failure to notify shall, in appropriate cases, justify imposition of sanctions upon the offending party or attorneys.

Page 30 | PART 16. RESPONSIBILITY OF ATTORNEYS WHEN HEARINGS ARE CANCELLED

The mediator may adjourn the mediation conference at any time and set a time to reconvene.

(f) Adjournments. The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference.

Page 51 | (f) Adjournments

Mediation must be completed within seven weeks of the first conference unless the court orders or the parties stipulate to an extension.

(i) Completion of Mediation. Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by the order of the court or by stipulation of the parties.

Page 52 | (i) Completion of Mediation

Chambers Communication Rules

A party requesting a telephonic hearing must reserve a time with Court approval, and the hearing may not be scheduled without prior consultation with any pro se party or attorney of record.

Pursuant to Supreme Court Rule 185, any party requesting that a hearing on a motion or other matter be held by telephonic conference, shall schedule the conference call by reserving the time with the approval of the Court. No hearing shall be scheduled without prior consultation with any pro se party or attorneys of record.

Page 6 | 4.4 TELEPHONE CONFERENCES

When both parties are represented, an attorney must make reasonable efforts to arrange a mutually convenient hearing date with opposing counsel; a call with no response within 48 hours qualifies.

In cases where each party has an attorney of record, no attorney shall set a hearing without first making reasonable attempts to schedule a mutually convenient date with opposing counsel. Reasonable attempts shall be deemed made if a telephone call is placed to opposing counsel and no response is received within 48 hours.

Page 14 | Scheduling Hearings

When both parties are represented, an attorney must give opposing counsel advance telephone notice as soon as practicable before participating in obtaining an ex parte order of protection.

In cases where each party has an attorney of record, no attorney shall participate, directly or indirectly, in obtaining an Ex Parte Order of Protection without providing advance telephone notice to opposing counsel as soon as practicable.

Page 14 | Ex Parte Order of Protection

Attorneys are responsible for preparing any required continuance order, immediately notifying the scheduling clerk, and promptly rescheduling the hearing.

The attorneys are responsible for preparing any required order for continuance and shall immediately notify the scheduling clerk and shall reschedule the hearing at once.

Page 30 | PART 16. RESPONSIBILITY OF ATTORNEYS WHEN HEARINGS ARE CANCELLED

Clerks’ offices are open during county-specific stated hours, except Saturdays, Sundays, and legal holidays, subject to an order of the Chief Judge or an extension by the Clerk of Court.

Except as otherwise ordered by the Chief Judge, the office of the Clerks and Associate Clerks of this Court shall be open each day, except Saturday, Sundays and legal holidays, from 8:00 a.m. to 4:30 p.m. in Rock Island County, and from 8:00 a.m. to 4:00 p.m. in Mercer and Henry counties, and 8:30 a.m. to 4:30 p.m. in Whiteside County, unless otherwise extended by the Clerk of Court.

Page 29 | PART 14. CLERK'S OFFICE HOURS

Common questions about Circuit Court of Henry County, Illinois (14th Judicial Circuit) rules

Are courtesy copies required in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Courtesy-copy rule applies for contested motion. Details: delivery not less than 10 days before hearing. For every contested motion, the parties must deliver the listed paper copies to the assigned judge at least ten days before the hearing.

View ruleSource: page 5, section 4.2 MOTIONS PRACTICE

Does Circuit Court of Henry County, Illinois (14th Judicial Circuit) require a pre-motion conference or letter before filing a motion?

Motions under the listed rules and statutes must be noticed for the 9:00 a.m. walk-in call, after which the Court sets briefing and argument dates.

View ruleSource: page 5, section 4.2 MOTIONS PRACTICE

What page or word limits apply to motion or supporting or opposing writing in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Circuit Court of Henry County, Illinois (14th Judicial Circuit)'s rule states these limits: 10 pages. A motion or supporting or opposing writing may not exceed ten pages total, excluding supporting documents, without prior leave of Court.

View ruleSource: page 6, section 4.2 MOTIONS PRACTICE

What formatting rules apply to filings in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Circuit Court of Henry County, Illinois (14th Judicial Circuit)'s formatting rule includes double spacing, margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, and type shall be no less than twelve (12) characters per inch.. Submitted documents must be double-spaced, have at least one-inch margins on every side, and use type no smaller than 12 characters per inch; noncompliance may justify refusal to consider the document.

View ruleSource: page 6, section 4.2 MOTIONS PRACTICE

What must be included with motion filings in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Except in traffic cases, parties seeking relief must request it by written motion.

View ruleSource: page 1, section Written Motions and Notice to Other Parties

What must be included with expungement request form filings in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

If relying on an Illinois Governor's pardon for expungement, attach a copy of the pardon.

View ruleSource: page 2, section REQUEST TO EXPUNGE CRIMINAL RECORDS

How may parties contact Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

A party requesting a telephonic hearing must reserve a time with Court approval, and the hearing may not be scheduled without prior consultation with any pro se party or attorney of record.

View ruleSource: page 6, section 4.4 TELEPHONE CONFERENCES

How does Circuit Court of Henry County, Illinois (14th Judicial Circuit) handle sealed or redacted filings?

Impounded, sealed, or expunged information must be excluded from electronic public access, and inspection requests must be made in person at the clerk’s office.

View ruleSource: page 59, section Section 4.30 – ELECTRONIC COURT RECORDS EXCLUDED FROM PUBLIC ACCESS

How do I request an adjournment or extension in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

The request must include reason for request. A party seeking to advance or postpone an arbitration hearing must file written notice, include a concise reason, and obtain the Supervising Judge’s approval for good cause.

View ruleSource: page 40, section RULE 3. SCHEDULING OF HEARINGS

Does Circuit Court of Henry County, Illinois (14th Judicial Circuit) require motion papers to be bundled?

The Case List form must be filed together with the Request form.

View ruleSource: page 1, section REQUEST TO EXPUNGE AND/OR SEAL CRIMINAL RECORDS

Is electronic filing required in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Until mandatory paper filings are eliminated, a document served by email must still be filed with the Circuit Clerk in original paper form with original signatures, unless it was e-filed under permissive e-filing.

View ruleSource: page 14, section Email Address and Paper Filing

What filing deadlines does Circuit Court of Henry County, Illinois (14th Judicial Circuit) set?

After all parties have appeared, the court assigns the earliest available arbitration hearing date and must provide at least 60 days’ written notice.

View ruleSource: page 39, section RULE 3. SCHEDULING OF HEARINGS

What rule applies to service for motion in Circuit Court of Henry County, Illinois (14th Judicial Circuit)?

Details: recipient: all parties. Except in traffic cases, a party seeking relief must send a copy of its motion with notice to all other parties of record.

View ruleSource: page 1, section Written Motions and Notice to Other Parties
Complete rules summary for Circuit Court of Henry County, Illinois (14th Judicial Circuit)

Except in traffic cases, parties seeking relief must request it by written motion.

Except in traffic cases, a party seeking relief must send a copy of its motion with notice to all other parties of record.

When a party is identified as the People of the State of Illinois, the notice and motion must be sent to the Henry County State's Attorney's office.

The Case List form must be filed together with the Request form.

Do not list convictions in the expungement section.

List all eligible arrests or charges on your record.

List all charges associated with each case number.

For each charge or case, enter its outcome using an abbreviation listed on page 2.

If more space is needed, use the Additional Arrests or Cases for Expungement form and check the corresponding box.

If relying on an Illinois Governor's pardon for expungement, attach a copy of the pardon.

If relying on a Prisoner Review Board Certificate of Eligibility for Expungement, attach a copy of the certificate.

Applicants requesting only expungement must check “No” in Section 12, skip to the bottom of the form, and sign it.

The sealing request asks the Court to seal the listed arrests, charges, or convictions from the identified records.

Applicants are directed to use the cited instructions to complete the sealing table and check that their cases can be sealed.

Applicants must list all eligible arrests, charges, and convictions they want sealed.

Applicants must list every charge for each case number.

For each charge or case, applicants must enter a corresponding outcome using the listed sealing abbreviation.

Applicants who need more room must use the additional-arrests form and check the corresponding box.

Applicants using the additional-arrests form must check the box confirming it is attached and lists additional arrests or cases.

If relying on a Certificate of Eligibility for Sealing, attach a copy to the request.

A person relying on the educational eligibility option must attach proof of the completed program to the request.

Complaints and counterclaims must contain specific prayers for relief, except that a personal-injury action may plead an ad damnum stating whether damages sought exceed $10,000 but do not exceed $75,000.

After all parties have appeared, the court assigns the earliest available arbitration hearing date and must provide at least 60 days’ written notice.

The complaint and every summons must display the specified arbitration notice in uppercase letters in the upper-right corner.

A party seeking to advance or postpone an arbitration hearing must file written notice, include a concise reason, and obtain the Supervising Judge’s approval for good cause.

The motion and hearing notice must be served on other parties’ counsel and pro se parties, and provided to the Supervising Judge for Arbitration’s calendar and the Arbitration Administrator.

Unless the court orders otherwise, parties must file their Rule 222 initial disclosures within 14 days of the first return court appearance date.

Documents offered under this provision must include a summary cover sheet listing each item, detailing damages by the rule’s categories, and identifying each bill as paid or unpaid.

A party may offer the listed documents without foundation or other proof if every other party receives written notice of the intent to offer them at least 30 days beforehand, accompanied by a copy.

A party intending to use expert opinion or testimony must give every other party written notice at least 30 days before the hearing, accompanied by a statement containing the specified expert and opinion information.

More Judges in Circuit Court of Henry County, Illinois (14th Judicial Circuit)

Clarence M Darrow
Judge
Clayton R. Lee
Judge
Colby Hathaway
Judge
Daniel P. Dalton
Judge
Derek L. Hancks
Judge
Frank R. Fuhr
Judge
Hany G. Khoury
Judge
James Heuerman
Judge