15th Judicial Circuit Court, Jo Daviess County, Illinois Filing Timing and Cure Windows

CRITICAL

E-filing time is determined by transmission; pleadings received before midnight on an open day are filed that day, while filings on a closed day are filed the next business day.

Except as set forth in Rule 2.13, the transmission date and time of transfer shall determine the date and time of the E-filing. Pleadings received by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the next business day.

CRITICAL

During business hours, a complaint or petition seeking specified ex parte or emergency relief must be filed with the Clerk before being presented to the Court.

Every complaint or petition requesting an ex parte order appointing a receiver, a temporary restraining order, a preliminary injunction, a domestic violence order, or any other emergency relief shall be filed with the Clerk, if during business hours, before presentation to the Court.

CRITICAL

Except as provided in Rule 2.13, the transmission time determines the filing time; pleadings received before midnight on an open day are filed that day, and filings on a closed day are filed the next business day.

(a) Transmission Date. Except as set forth in Rule 2.13, the transmission date and time of transfer shall determine the date and time of the E-filing. Pleadings received by the Clerk before midnight on a day the Clerk’s office is open shall be deemed filed that day. If filed on a day the Clerk’s office is not open, the document will be deemed filed the next business day.

CRITICAL

A pleading accompanied by an indigency petition is considered filed when electronically filed or properly presented to the Clerk.

A pleading accompanied by a petition to sue or defend as an indigent person is considered filed when it is electronically filed or properly presented to the Clerk for filing.

CRITICAL

Unless excused, receipts for sums expended are due within 30 days after the Court authorizes withdrawal.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended.

WARNING

For specified transmission, processing, rejection, technical, or service-list errors, the Court may permit a later filing to take effect as of the first attempted filing date on satisfactory proof.

If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

WARNING

A pleading accompanied by an indigency petition is considered filed when e-filed or properly presented to the Clerk.

A pleading accompanied by a petition to sue or defend as an indigent person is considered filed when it is electronically filed or properly presented to the Clerk for filing.

WARNING

Absent extraordinary circumstances, a person prejudiced by retroactive acceptance of a corrected filing is entitled to an extension for a response or other required act.

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

Absent the stated exceptions, initial case-management conferences are scheduled within the listed periods after filing for each case designation.

Other than as set forth above, initial case management conferences shall be scheduled as follows: L and ED cases: 90-120 days after filing; CH, MR, D, AD, and F cases: 60-90 days after filing; P cases: 9-10 months after filing.

WARNING

For specified transmission, processing, rejection, technical, or service-list errors, the Court may, on satisfactory proof, allow a later filing to take effect on the date filing was first attempted.

(b) Effect on Filing Dates. If a document intended to be electronically filed is not deemed filed by the Clerk on the date the document was transmitted to the Clerk for filing because of (1) an error in the transmission of the document to the Vendor that was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor, (3) rejection by the Clerk under Rule 2.7(h), (4) other technical problems experienced by the Filer, or (5) the party was erroneously excluded from the service list, the Court may on satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.

CRITICAL

Within 90 days after the order, or later if the Court allows, the recipient must present a compliance report with the distributee’s receipt showing payment and delivery.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

Each mediated agreement must be presented to the Court within 30 days after mediation concludes.

(1) Presentation of Agreement. Each mediated agreement shall be presented to the Court within 30 days following the conclusion of mediation.

CRITICAL

The first inventory must be filed within 60 days after the Clerk issues letters of office.

The first inventory shall be filed within 60 days after the Clerk issues letters of office.

CRITICAL

Unless excused, the petitioner must file receipts for all amounts spent within 30 days after authorization and redeposit any unspent funds as required by statute.

Unless excused from doing so, within 30 days after the Court authorizes the withdrawal, the petitioner shall file receipts for all sums expended. All unexpended funds shall be redeposited in accordance with section 22-21 of the Act.

CRITICALCourt notice

Filing deadlines for motions and pleadings that fall on the listed legal holidays are extended to the Court's next business day.

The time for filing all motions and pleadings is extended to the next business day of the Court.

CRITICAL

A party who appears without service of summons must plead within the time that would apply if summons had been served on the date of appearance.

A party who appears without having been served with summons is required to plead within the same time as if served with summons on the day he or she appears.

CRITICAL

A filing deadline that falls on a Saturday, Sunday, or designated holiday is extended to the next business day of the Court.

If the deadline for filing a notice, pleading, or action is on a Saturday, Sunday, or designated holiday, the time for filing the notice, pleading, or action is extended to the next business day of the Court.

CRITICAL

A dismissed probate case may be reinstated for good cause shown within 30 days after the date of the Clerk’s notice.

On dismissal of the case, the Clerk shall send notice by regular mail to the last known address of the personal representative and the attorney of record specifying that the case, for good cause shown, may be reinstated within 30 days after the date of the notice.

CRITICAL

The objection must be filed with the Clerk before the witness’s testimony begins.

This objection is filed with the Clerk of the Court prior to the commencement of my testimony.

CRITICAL

Executors and administrators must submit the first account within the specified six-month-plus-60-day period, annually thereafter, and at other times required by the Court.

Every executor and administrator shall present the account required by section 24-1 of the Act within 60 days after the date that is six months after the Clerk issued letters of office, annually after the date of the first account, and at other times as the Court requires.

CRITICAL

If the representative does not present the account within 60 days after the Clerk’s notice, the Clerk must issue a citation requiring the representative to account by a specified date or appear then and show cause.

If the account is not presented within 60 days after the Clerk’s notice, the Clerk shall issue a citation directing the representative to account as required by a date certain or appear on that date to show cause why he or she should not do so;

CRITICAL

A party may move to dispense with mediation within 14 days after the referral order if the issue was previously mediated between the same parties, presents only a question of law, is ineligible under Rule 6.2, or other good cause exists.

A party may move, within 14 days after the entry of the order of referral, to dispense with mediation if: (1) The issue to be considered previously has been mediated between the same parties; (2) The issue presents a question of law only; (3) The matter is not eligible for mediation under Rule 6.2; or (4) Other good cause is shown.

CRITICAL

The proposed property apportionment statement is due at least five days before the hearing, unless the Court orders otherwise.

If property apportionment is in dispute, the parties, at least five days before the hearing or when otherwise ordered by the Court, shall, in addition to the financial affidavit, submit a statement of proposed property apportionment that includes an itemization of all property claimed as marital and non-marital, a proposed value of each item, a proposed property apportionment, and citation to any authorities relied on by the proponent to support the proposed apportionment.

CRITICAL

Requests must be filed with the circuit clerk as soon as practicable and at least 7 days before the proceeding, unless the court prescribes shorter notice or the proceeding was scheduled less than 7 days in advance.

All requests for extended media coverage shall be filed with the circuit clerk as soon as practicable, but not less than 7 days in advance of the time the proceeding sought to be covered is scheduled to begin. Requests may be made on shorter notice as the court may prescribe or when a proceeding is not scheduled at least 7 days in advance (for example, an initial appearance in a criminal proceeding or a temporary restraining order in a civil proceeding).

CRITICAL

Guardians must present the required account within the specified initial period, annually thereafter, within 30 days after their office ends, and whenever the Court requires.

Every guardian shall present the account required by section 24-11 of the Act within 30 days after the date that is one year after the Clerk issued letters of office, annually after the date of the first account, within 30 days after the termination of the guardian’s office, and at other times as the Court requires.

CRITICALCourt notice

Applies to

Motions and pleadings

Filing deadlines for motions and pleadings that fall on a listed legal holiday are extended to the next business day of the Court.

The time for filing all motions and pleadings is extended to the next business day of the Court.

CRITICAL

A party objection should be filed within 3 days of receiving notice, unless the court prescribes a different window.

Any party that objects to extended media coverage should file a written objection, stating the reasons, within 3 days of receiving notice of the request. Objections may be made outside the 3-day window as the court prescribes.

CRITICAL

Proof of mailing or delivery, or a waiver, must be filed within 10 days after the claim is filed.

The claimant shall file with the Clerk proof of mailing or delivery of the claim, or a waiver thereof, within 10 days after filing the claim.

CRITICAL

Required pretrial documents must be filed at least 10 days before the final pretrial conference.

When a final pretrial conference is scheduled, the attorneys for each of the parties and each SRL shall file and serve pretrial documents as required by the Court at least 10 days before the final pretrial conference.

CRITICAL

A financial affidavit is due at least five days before the hearing, unless the Court orders otherwise.

In all actions in which there is a dispute involving property, temporary or other maintenance, temporary or other child support, or post-high school educational expenses, each party shall file a financial affidavit at least five days before the hearing on the issue(s) or when otherwise ordered by the Court.

CRITICAL

The mediator must file a report with the Clerk within 14 days after mediation terminates.

Within 14 days after the termination of a mediation, the mediator shall file with the Clerk a report as to whether an agreement was reached, in whole or in part.

CRITICAL

A representative or other interested party opposing a petition or claim must file a jury demand and pay the fee with the answer or other responsive pleading if seeking a jury trial.

A representative or other party in interest opposing the petition or claim that desires a jury trial must file a jury demand and pay the fee when filing the answer or other responsive pleading.

CRITICAL

The respondent may file a written answer no later than three days before the hearing.

No later than three days before the hearing on the rule to show cause, the respondent may file a written answer denying, with specificity, any of the allegations, together with any affirmative defense.

CRITICAL

A guardian must submit an account within 30 days after the first year of letters of office and at least annually thereafter unless otherwise ordered.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of the letters of office and, unless otherwise ordered, at least annually thereafter.

CRITICAL

The foreign representative, attorney-in-fact, or assignee must present a compliance report within 90 days after the order, unless the Court allows further time.

Within 90 days after entry of the order or within further time as the Court allows, the foreign representative, attorney-in-fact, or assignee shall present to the Court a report of compliance, with the receipt of the distributee evidencing payment and delivery of the distributive share.

CRITICAL

After the petitioner or claimant waives a demanded jury trial, the opposing party may obtain a jury trial by demanding one and paying the fee within 30 days after learning of the waiver; otherwise, that party waives a jury trial.

If the petitioner or claimant files a jury demand and later waives a jury trial, the opposing party will be granted a jury trial on demand made within 30 days of being advised of the waiver and payment of the fee. Otherwise, the party waives a jury trial.

CRITICAL

Deadline

48 hours

Proof of service must be filed with the Clerk within 48 hours after the hearing.

Proof of service shall be filed with the Clerk within 48 hours after the hearing.

CRITICAL

A party may move to defer mediation within 14 days after entry of the referral order.

Within 14 days after entry of the order of referral, any party may move to defer the mediation.

CRITICAL

Parties referred to mediation must attend at least three hours within 30 days, while further participation is voluntary and the session may end early in specified circumstances.

If the parties are referred to mediation, they shall be required to attend a minimum of three hours of mediation within 30 days. Further participation shall be voluntary and consistent with the purposes, standards, and principles of mediation. Mediation may be terminated or suspended before the end of three hours if all mediated issues are resolved or pursuant to these Rules.

CRITICAL

Inventories and amended or supplemental inventories must be filed unless excused; the first inventory is due within 60 days after letters of office issue.

Unless excused by the Court, each inventory and amended or supplemental inventory shall be filed with the Clerk. The first inventory shall be filed within 60 days after the Clerk issues letters of office.

CRITICAL

Dispositive motions must be filed and brought to argument on notice at least 90 days before trial, unless the Court limits or extends the time in the interests of justice.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date. The Court may limit or extend this time in the interests of justice.

CRITICAL

Dispositive motions must be filed and brought to argument no later than 90 days before trial, subject to the Court’s authority to change the deadline in the interests of justice.

All dispositive motions (e.g., motions to dismiss, motions for judgment on the pleadings, motions for summary judgment) must be filed and brought to argument (pursuant to notice) before the Court no later than 90 days before the assigned trial date. The Court may limit or extend this time in the interests of justice.

CRITICAL

The objection must be filed within three days after receiving notice of the request for extended media coverage.

3. This objection is filed within three (3) days of receiving notice of the request for extended media coverage.

CRITICAL

A guardian must present an account within 30 days after the first year following issuance of the letters of office and at least annually thereafter, unless otherwise ordered.

Each guardian shall present an account of his or her administration within 30 days after the expiration of one year after the issuance of the letters of office and, unless otherwise ordered, at least annually thereafter.

CRITICAL

Unless the Court orders otherwise, an opposition to a dispositive motion must be filed within 28 days after the motion is filed.

Unless otherwise ordered by the Court, responsive briefs in opposition to dispositive motions shall be filed no later than 28 days after the dispositive motion is filed.

CRITICAL

The moving party must call a motion for hearing within 90 days after filing, or the Court may strike it.

The burden of calling a motion for hearing is on the moving party. If a motion is not called for hearing within 90 days from the date it is filed, the Court may enter an order striking the motion.

CRITICAL

During business hours, a complaint or petition seeking the listed ex parte or emergency relief must be filed with the Clerk before presentation to the Court.

Every complaint or petition requesting an ex parte order appointing a receiver, a temporary restraining order, a preliminary injunction, a domestic violence order, or any other emergency relief shall be filed with the Clerk, if during business hours, before presentation to the Court.

CRITICAL

Executors and administrators must present the required account within the specified initial period, annually thereafter, and whenever the Court requires.

Every executor and administrator shall present the account required by section 24-1 of the Act within 60 days after the date that is six months after the Clerk issued letters of office, annually after the date of the first account, and at other times as the Court requires.

CRITICAL

A petitioner or claimant seeking a jury trial must file a jury demand with the Clerk and pay the required fee when filing the petition or claim.

A petitioner or claimant desirous of a jury trial under the Act must file a jury demand with the Clerk and pay the required fee when the petition or claim is filed.

CRITICAL

A party must object within 30 days after written notice of an intent to unseal or open, or the judge may unseal or open the material.

A judge may unseal and open a case, record, or document if a party fails to object to unsealing or opening within 30 days following written notice of the intent to unseal or open.