Circuit Court of Jefferson County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements3 rules
The main body of pleadings and other papers prepared for filing must be neatly typed or printed with at least double-line spacing, excluding the listed components and similar parts.
- 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.
Pleadings and other papers must have a neatly typed or printed main body with at least double-line spacing; 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.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
Document Filing Requirements52 rules
A party or counsel must file a written appearance containing the required contact information, serve it on parties who have appeared, 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, 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 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.
An out-of-state attorney seeking to appear for another in this circuit must obtain a pro hac vice admission order before filing the appearance, on a motion by local counsel or an unrepresented party accompanied by the attorney’s affidavit and disclosure of 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.
In civil cases, pleadings and entries of appearance must identify the circuit, county, parties and their designations, and case number.
- Document
- Pleading or entry of appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
A hearing notice must identify the action, hearing date and time, and nature of the motion, and must include the motion 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.
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 a motion is heard without prior notice, the attorney obtaining the order must serve written notice containing the specified hearing and order details on parties not in default.
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.
Anticipated discovery materials to be used at trial or needed for a motion must be filed at the outset of trial or with the motion.
Court's wording
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
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.
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 must identify and mark potential trial exhibits before trial or hearing, or at the final pretrial conference if held; plaintiffs use numbers and defendants use letters unless the court orders otherwise.
Court's wording
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. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
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.
A motion seeking relief concerning discovery materials must be filed with copies of the disputed portions.
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.
If the Defendant does not enter his appearance on or before the return day, a default judgment shall be entered on the complaint if the plaintiff or his counsel is present in open court and either the complaint is verified or an appropriate affidavit is attached.
In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.
Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court. Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
In all cases involving unliquidated damages, the plaintiff shall make proof of damages in open court before judgment is entered.
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 the required-form affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
Affidavit of Parties. 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.
Response. 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.
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.
When a petition for admission of a will or for letters of administration is filed, heirship must be proved through one of the listed methods.
Court's wording
When a petition for admission of a will to probate or for letters of administration is filed, proof of heirship shall be made by: (1) The testimony of a witness examined in open court, reduced to writing by the official court reporter, certified by the court and filed with the clerk; or (2) Affidavit as provided in Section 5-3 of the Probate Act; or (3) Deposition.
If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding section.
- Document
- Affidavit of heirship
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.
An heirship affidavit must substantially follow the required form and include the listed death, family, relationship, unknown-heir, and per stirpes information.
Court's wording
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."
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).
2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
Covered documents issued by the Circuit Clerk’s Offices must include the specified language directing participants to Rule 24 and the Circuit’s 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.”
Covered documents issued by private counsel and filed in Second Judicial Circuit cases must include the specified remote-appearance contact 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 participants may appear remotely, covered documents issued by the Circuit Clerk’s Offices must include the listed 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.
All requests seeking approval to appear remotely shall be court date specific and shall not be intended to apply to all future court dates, unless otherwise granted by the presiding judge. All written Motions shall be given priority and forwarded to the attention of the presiding judge by the Clerk of the Court for ruling on said Motion.
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.
- Document
- Pleading or appearance
Must include
- •Case number
The moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
A motion hearing notice must identify the action, hearing date and time, and motion, and must 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.
When remote appearance is an option, Clerk-issued summonses, notices, and court-date orders must include the assigned courtroom, remote access credentials and instructions, dial-in details, 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 petitioner shall prepare and serve upon respondent a notice, substantially in the form required by Administrative Order of the Chief Judge, of the date and time of the case management conference.
Clerk-issued summonses, notices, and court-date orders must include the specified Rule 24 remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
If a pro se appearance or acknowledgment waives notice or consents to immediate hearing, it must state that the appearing party received the pleading seeking relief and attach that pleading, unless a statute or rule supplies a particular form.
Court's wording
If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
Private counsel’s filed summonses, notices, and court-date orders must include the specified language directing readers to the Clerk or Rule 24 for remote-appearance information.
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.”
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 pro se written appearance without further pleading must comply with Rule 5(a), be acknowledged before an authorized officer, and include the officer’s statement confirming the signer’s personal appearance and acknowledgment.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act.
No party or attorney shall address the court before filing such written appearance.
The proof of heirship shall be made by the decedent's spouse or a person related to the decedent by consanguinity or adoption, unless it would impose undue hardship or be ineffectual.
The report filed before the continued case management conference must describe mediation’s progress in general terms.
Court's wording
5. 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.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
If the parties reach a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the documents for resolved claims.
Court's wording
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendations.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Filing & Service rules
Electronic Filing Rules
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 6 | RULE 6. PLEADINGS
The Clerk may not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Page 1 | Rule 6. Pleadings
During mediation, pleadings related to mediated issues require leave of court, except for the listed mediation documents, agreed or stipulated pleadings, qualifying sworn endangerment pleadings, motions to withdraw, and discovery requests and responses.
During this period, no pleadings related to issues to be mediated shall be filed without leave of court except: (a) Documents required for mediation; (b) Pleadings as to which stipulation is being made or agreement have been reached; (c) Sworn pleadings based upon asserted present or threatened serious endangerment to the physical or emotional health of the minor(s) or a party to the litigation based upon asserted facts or circumstances which have arisen subsequent to entry of the Mediation Order or of which the pleading party could not have known prior to entry of said order; (d) Motions for leave to withdraw as counsel for a party; and (e) Discovery requests and responses.
Page 1 | Rule 21. Family Mediation Program
Filing Timing and Cure Windows
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 | Service of Order
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with a petition for ex parte relief, unless the court orders otherwise.
Time for Filing. 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 | Time for Filing
The responding party must file the affidavit at the pretrial conference or at least three days before a contested hearing.
Response. 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 | Response
The moving party must file the matrimonial affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.
Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Page 12 | RULE 17. AFFIDAVITS IN MATRIMONIAL CASES
The parties must file financial affidavits and pre-mediation questionnaires with the clerk at least 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
An intent to repudiate must be filed before the Continued Case Management Conference, or within 10 days after mediation if that conference is less than 10 days away.
Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference.
Page 21 | C. Conclusion of Private Mediation
Unless mediation ends sooner, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.
5. 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
The mediator must file the final report with the Circuit Clerk after mediation concludes.
2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
Page 22 | C. Conclusion of Private Mediation
The mediator must file the signed report in the case file within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | 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
An objection to the validity of an order to show cause must be in writing and 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 party responding to a matrimonial petition must file an affidavit in substantially the same form at the pretrial conference or at least three days before a contested hearing, with 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 1 | Rule 17. Affidavits in Matrimonial Cases
A party filing a pleading by leave of court or within the specified endangerment or withdrawal exceptions must immediately present it to the trial judge to set a hearing.
Any party filing a pleading by leave of court or referred to in 2.(c) or (d.) above shall immediately cause it to be presented to the trial judge for setting of hearing .
Page 1 | Rule 21. Family Mediation Program
Parties must file financial affidavits and pre-mediation questionnaires at least seven days before the expedited or initial conference; the Clerk must file and seal the questionnaire originals and later send copies to the mediator.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the expedited or initial case management conference. The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 1 | Rule 21. Family Mediation Program
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and provide proof of service 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 1 | Rule 17. Affidavits in Matrimonial Cases
Each party must file the required-form financial affidavit and settlement conference memorandum and provide the opposing party a copy at least seven days before the settlement 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 1 | Rule 19. Pre-Trial Conferences in Family Cases
The parties must select a mediator within seven days of assignment; if they cannot agree, each must submit three proposed mediators within the following seven days for the judge to select from.
Upon assignment of a case for mediation, the parties shall choose a mediator within seven (7) days. In the event that the parties are unable to agree upon a mediator within said time period, within seven (7) days thereafter, each party shall submit a list of three (3) proposed mediators to the judge presiding who shall assign a mediator from the lists submitted.
Page 1 | Rule 23. Civil Mediation Program
Noncompliant summonses, notices, and court-date orders are subject to e-filing rejection.
Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
Page 1 | Rule 24. Attending Court Remotely by Phone or Video
An initial case management conference must be set 90–110 days after filing, except expedited conferences, which must be set within 14 days after filing a qualifying temporary-relief pleading not set for hearing when filed.
Except for expedited case management conferences which shall be set within 14 days of the filing of any pleading for temporary relief concerning qualifying issues not subject to setting for hearing when filed as provided in Circuit Rule 21, an initial case management conference shall be set between 90 and 110 days after a case is filed at which the parties and counsel must attend.
Page 1 | Rule 19. Pre-Trial Conferences in Family Cases
A mediation order appointing a mediator must set a continued case management conference 45 days later for a mediation status report.
All Mediation Orders wherein appointment of a mediator is made shall assign a 45 day continued case management conference date for a status report on the progress of mediation.
Page 1 | Rule 21. Family Mediation Program
For court dates requiring advance approval to appear remotely, a participant must request permission orally during a proceeding or file a written motion with the Clerk at least 48 hours before the date, excluding weekends and holidays.
Case participants requesting permission to appear remotely for any court date at which prior approval is required as set forth in Section E of this Rule (specifically Sections (E)(1)(b), (E)(2)(b), (E)(3)(b), (E)(4)(b), (E)(5)(b), and (E)(6)(b)), must either: 1. Make an oral Motion to (verbally ask) the presiding judge for permission to appear remotely at a future court date. This oral Motion may be made during any court proceeding in which the case participant is either appearing remotely as permitted or appearing in person, or 2. File a written Motion with the Clerk of the Court requesting permission from the presiding judge to appear remotely. 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
A summary judgment motion may not be heard until at least 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
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 minute or docket order, or within 21 days after filing of a written order if 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 1 | Rule 9. Motions
If a motion is not called for hearing 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 because of the delay.
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.
Page 1 | Rule 9. Motions
Parties may submit the listed materials to the court and the opposing party at least seven days before the settlement conference.
Parties may submit a stipulation of facts, memorandum of law, expert reports, exhibits or any other pertinent material to the court, with a copy to the opposing party, at least seven days prior to the settlement conference.
Page 1 | Rule 19. Pre-Trial Conferences in Family Cases
Service and Proof of Service Rules
A copy of a 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
Motion notice must be served in the manner and on the persons prescribed by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | RULE 9. MOTIONS.
The party seeking a 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.
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.
Personal service of a motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 8 | RULE 9. MOTIONS.
A summary judgment motion cannot be heard until at least ten days after service of its notice under Supreme Court Rule 11.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | RULE 9. MOTIONS.
Orders to show cause must be served personally, by regular mail to the respondent’s last known address, 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 | Service of Order
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 | Service of Order
The moving party must provide proof of service with the affidavit, pursuant to Supreme Court Rule 12.
Time for Filing. 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 | Time for Filing
The responding party must file the affidavit with appropriate proof of service.
Response. 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 | Response
An intent to repudiate must be sent to the other party’s attorney, or to the party if unrepresented.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | C. Conclusion of Private Mediation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 26 | 9. COMPLETION OF MEDIATION
The mediator must sign and file the mediation report within 14 days after the last mediation day 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
Motion notice must be served in the manner and on the persons specified 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
After a motion is heard without prior notice, the attorney obtaining the order must serve written notice with the specified case, judge, hearing, and order 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
Personal service of a motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing; mailed notice follows 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
A copy of a written appearance must be served on all other parties who have appeared using the method prescribed for serving pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 1 | Rule 5. Appearances and Default
The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired when notice is given.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 1 | Rule 9. Motions
The requirements for motion hearing notice given 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.
A petitioner may give the respondent notice before presenting a civil contempt petition, but notice is not required.
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.
Page 10 | Rule 16(a) — Civil Contempt Petitions
Filing Fees and Waivers
One appearance fee is due when an attorney enters a single appearance for 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 submitted with 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 Clerk must refuse to file a document or pleading until the required fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 1 | Rule 8. Clerks of the Circuit Court
The appearance fee must be paid with the written appearance when the party first appears, in person or through counsel.
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
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of Section 2-1402 of the Code of Civil Procedure, 735 ILCS 5/2-1402, and Supreme Court Rule 277.
Page 6 | RULE 5. APPEARANCES AND DEFAULT
Local counsel who files the required written appearance is not required to pay an appearance fee.
When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
Page 1 | Rule 5. Appearances and Default
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 1 | Rule 5. Appearances and Default
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of section 2-1402 of the Code of Civil Procedure, Illinois Revised Statutes chapter 110, section 2-1402 and Illinois Supreme Court Rule 277. , Illinois Revised Statutes chapter 110A, section 277.
Page 1 | Rule 5. Appearances and Default
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
Pre-Motion Conference Requirements
A mandatory settlement conference must take place after all Circuit Rule 21 requirements are met and at least 30 days before the hearing on remaining issues.
It shall occur after all requirements of Circuit Rule 21 have been met and at least 30 days prior to the date of the hearing on remaining issues.
Page 1 | Rule 19. Pre-Trial Conferences in Family Cases
After referral to mediation, proceedings are stayed except for continued case management conferences, discovery, and agreed matters; contested hearings require leave of court for good cause on written motion.
After referral to mediation, all proceedings except continued case management conferences, discovery, and presentation of agreed matters shall be stayed pending the post-mediation case management at the conclusion of mediation. Hearing shall not be held sooner on contested matters, including discovery enforcement proceedings, without leave of court granted for good cause pursuant to written motion
Page 1 | Rule 21. Family Mediation Program
The presiding judge may refer an eligible pending case to mediation by party agreement or on the court’s own motion, and all further action is stayed until mediation is complete.
At any time while an eligible case is pending, by agreement of the parties or upon the Court's own motion, the judge presiding over the case may assign the case to Court-ordered mediation. Upon assignment for mediation all further action in the case shall be stayed until mediation is complete.
Page 1 | Rule 23. Civil Mediation Program
The presiding judge may make court-ordered mediation available in Law, LM, Probate, Chancery, Miscellaneous Remedy, Tax, and Eminent Domain cases.
Court ordered mediation shall be available at the discretion of the judge presiding over the case, in Law, LM, Probate, Chancery, Miscellaneous Remedy, Tax and Eminent Domain cases.
Page 1 | Rule 23. Civil Mediation Program
Adjournment & Extension Requirements
In small claims cases, the court must continue a case to an early date if either party is not ready, and may not grant further continuances without 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(a) — Trial
Mediation must be completed within 60 days of assignment unless good cause is shown, and either party may petition for additional time if it is not completed within that period.
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
Mediation must be completed within 60 days of assignment unless good cause is shown; either party may petition for additional time if mediation is not completed within that period.
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
In small claims cases, an unready case must be continued to an early date, and additional continuances require good cause.
In all small claims cases, as defined in Supreme Court Rule 281, the court shall proceed as follows: A. Trial. If both parties are present and cannot reach a settlement, the case shall be tried if both parties are ready. 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 1 | Rule 15. Small Claims
Chambers Communication Rules
Participants may contact the respective county Circuit Clerk’s Office for remote login credentials or phone dial-in information.
As such, Circuit Clerk’s Offices are best suited to provide participants with remote login credentials, including Zoom meeting ID numbers and passwords. If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county.
Page 27 | Rule 24.B. How to Appear Remotely