15th Judicial Circuit Court, Jo Daviess County, Illinois Adjournment & Extension Requirements

CRITICAL

A trial-continuance motion must be filed and notice given at least seven days before trial, set for hearing at least four days before trial, and, if based on a conflicting setting, accompanied by an attorney affidavit identifying the specified details.

All motions to continue a trial shall fully comply with this Rule and 735 ILCS 5/2-1007, S. Ct. R. 231, and 725 ILCS 5/114-4, as applicable. The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date. If the motion is based on a conflicting setting, the motion shall be accompanied by an affidavit of the attorney setting forth the name of the other case, the name of the judge before whom the case in pending, the time and place of the conflicting setting, and the date the conflicting setting was set.

CRITICAL

A representative seeking a definite extension or less frequent accountings must file a verified petition stating the reasons; any granted extension must set a definite next-accounting date.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

An agreed or uncontested jury-trial continuance may be granted only when justice otherwise would be denied.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied.

CRITICAL

A continued case-management conference must be reset to a definite date by written order or docket entry.

All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

CRITICAL

A continuance requires good cause; counsel’s agreement does not bind the Court, which may require affidavits.

No motion to continue shall be allowed for other than good cause. Agreements of counsel as to a motion to continue shall not be binding on the Court. The Court may require affidavits of the parties and attorneys.

CRITICAL

A motion to continue is allowed only for good cause, and counsel’s agreement does not bind the Court.

No motion to continue shall be allowed for other than good cause. Agreements of counsel as to a motion to continue shall not be binding on the Court.

CRITICAL

Mediation must be completed within seven weeks of the first conference unless the Court extends the period by order or the parties extend it by stipulation.

Mediation shall be completed with seven weeks of the first mediation conference unless extended by order of the Court or by stipulation of the parties.

CRITICAL

A trial-continuance motion must be filed and noticed at least seven days before trial and set for hearing at least four days before trial.

The motion shall be filed, and written notice given to all attorneys and SRLs of record, at least seven days before the trial date and set for hearing at least four days before the trial date.

CRITICAL

A continuance of a case management conference must set a date certain for a subsequent conference and be made by written order or docket entry.

All continuances of a case management conference shall be to a date certain for a subsequent case management conference and made pursuant to a written order or docket entry.

CRITICAL

An agreed or uncontested jury-trial continuance is allowed only when justice otherwise would be denied; an agreed or stipulated bench-trial continuance requires good cause and, whenever practicable, must be heard at least four days before trial.

Even if a motion to continue a jury trial is agreed or uncontested, a continuance will be allowed only when justice otherwise would be denied. An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin.

CRITICAL

Only the Court may grant a motion to continue a trial.

Only the Court can grant a motion to continue a trial.

CRITICAL

Only the Court may grant a trial continuance.

Only the Court can grant a motion to continue a trial.

CRITICAL

A representative seeking an extension or less frequent accountings must file a verified petition stating the reasons, and any granted extension must set a definite date for the next accounting.

If a representative seeks an extension of time to a definite date or an order allowing accountings less frequently than required by these Rules, the representative shall file a verified petition specifying the reasons for the request. If the Court grants a petition for extension, it shall set a definite date for the representative to file the next accounting.

CRITICAL

An agreed or stipulated bench-trial continuance requires good cause and, when practicable, must be heard at least four days before trial.

An agreed or stipulated motion to continue a bench trial will only be allowed on good cause shown and, whenever practicable, an agreed or stipulated motion to continue a bench trial must be heard at least four days before the trial is to begin.

WARNING

Absent extraordinary circumstances, anyone prejudiced by a filing being treated as filed on its first attempted filing date is entitled to an order extending the affected response date or other period for action.

(c) Filing Errors. In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the requirement in these Rules to accept a subsequent filing effective as of the date filing was first attempted shall be entitled to an order extending the date for any response or period within which any right, duty, or other act must be performed.

WARNING

The Court may condition a continuance on the moving party paying specified expenses and may sanction a non-moving party whose conduct makes a continuance necessary in the interests of justice.

The Court, on its motion or on motion of the party not seeking the continuance, may condition a continuance on the moving party’s payment of juror fees, witness fees, attorneys’ fees, lost wages, and/or other reasonable expenses associated with continuing the trial. If justice requires that a trial be continued because of the conduct of the non-moving party, the Court may assess sanctions against the non- moving party under S. Ct. R. 137 and/or S. Ct. R. 219.

WARNINGCourt notice

Matters returnable on the listed legal holidays are continued to the Court's next business day.

All matters returnable on said legal holidays will be continued to the next business day of the Court.

WARNING

Failure to file a financial affidavit when due may provide good cause for the Court to continue the hearing or impose other appropriate sanctions.

The failure of a party to file a financial affidavit when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

Failure to file the proposed property apportionment statement when due may provide good cause for the Court to continue the hearing or impose other appropriate sanctions.

The failure of a party to file a statement when it is due may constitute good cause for the Court to continue the hearing and/or order such other sanctions as the Court deems appropriate.

WARNING

Mediation continues while an emergency motion is pending unless the Court orders otherwise or the mediator decides to adjourn it pending disposition of the motion.

Mediation shall continue while an emergency motion is pending absent a contrary order of the Court or a decision of the mediator to adjourn pending a disposition of the motion.

WARNINGCourt notice

Matters scheduled for a listed legal holiday are continued to the next business day of the Court.

All matters returnable on said legal holidays will be continued to the next business day of the Court.

INFO

The mediator may adjourn a mediation conference at any time and set its reconvening time; parties present at the adjourned conference need not receive further notification.

The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference. No further notification is required for parties present at the adjourned conference.