Circuit Court of Johnson County, Illinois (1st Judicial Circuit) Adjournment & Extension Requirements

CRITICAL

Motions to continue must comply with Local Rule 2.4 and may be denied for noncompliance.

All Motions to Continue must comply with Local Rule 2.4. Failure to comply with said Rule could subject the motion being denied.

CRITICAL

Matters scheduled for a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

CRITICAL

Matters scheduled to be returnable on a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

CRITICAL

Chief Judges may continue trials until further order of the Illinois Supreme Court.

The Chief Judges of each circuit may continue trials until further order of this Court.

CRITICAL

For criminal speedy-trial purposes, delay resulting from the emergency continuance order is not attributable to the State or the defendant.

Regarding criminal proceedings, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) Speedy Trial, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the defendant for purposes of 725 ILCS 5/103-5 (West 2018).

CRITICAL

For juvenile delinquency proceedings, delay resulting from the emergency continuance order is not attributable to the State or the juvenile for purposes of section 5-601.

Regarding juvenile delinquency proceedings, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the juvenile for purposes of section 5-601 of the Illinois Juvenile Court (705 ILCS 405/5-601 (West 2018)) Trial.

CRITICAL

A continuance motion based on a cause in Supreme Court Rule 231 must strictly comply with that rule to receive the presiding judge’s consideration.

A motion for continuance for any cause set out in Supreme Court Rule 231 must comply strictly with Supreme Court Rule 231 to receive consideration of the judge presiding.

CRITICAL

Only the court may grant a continuance.

Continuances may be granted only by the court.

CRITICAL

A trial continuance cannot be granted solely because attorneys are substituted or added, unless good cause is shown by motion and affidavit.

A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown by motion and affidavit.

CRITICAL

Before filing a continuance motion, the movant must attempt to contact the adverse party and report the party’s position or, if there is no contact or response, the contact attempts or failure to respond.

E. Notice to Adverse Party. The attorney or party moving for continuance must attempt to contact the adverse party or his or her attorney prior to filing the motion for continuance. The motion shall state whether the adverse party or attorney agrees or objects to the motion. If the adverse party or attorney is not contacted or does not respond, the movant shall provide the court, in writing, with the details of the attempts to contact the adverse party or attorney or the failure of the adverse party or their attorney to respond.

CRITICAL

An emergency continuance motion must state the nature of the emergency and why the adverse party or attorney could not be contacted before filing.

F. Emergency Motion. If a motion for continuance is filed in an emergency situation, the movant must state the nature of the emergency and the reasons why the adverse party or attorney could not be contacted prior to the filing of the motion.

CRITICAL

Continuance requests in cases involving child custody, parental responsibilities, visitation, parenting time, or support must strictly comply with Supreme Court Rule 901.

G. Compliance with Supreme Court Rule 901. In all cases involving child custody, allocation of parental responsibilities, visitation, allocation of parenting time, or support, any request for continuance must strictly comply with the provisions of Supreme Court Rule 901.

CRITICAL

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

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

CRITICAL

All matters set for trial are continued for 60 days from the March 20, 2020 entry of Supreme Court Order M.R. 30370.

IT IS THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that all matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020.

CRITICAL

Criminal matters set for trial are continued for 60 days from the March 20, 2020 entry of Order M.R. 30370, and the resulting delay is not attributable to the State or defendant for purposes of section 103-5.

IT IS FURTHER ORDERED that all criminal matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020. Any delay resulting from this emergency continuance order shall not be attributable either the State or the defendant for the purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).

CRITICAL

Continuances under the Order are excluded from the specified criminal and juvenile speedy-trial computations.

The continuances occasioned by this Order serve the ends of justice and outweigh the best interests of the public and defendants in a speedy trial. Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018)) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018)).

CRITICAL

The specified statutory time restrictions are tolled until further order of the Court.

Statutory time restrictions in section 103-5 of the Code of Criminal Procedure of 1963 and section 5-601 of the Juvenile Court Act shall be tolled until further order of this Court.

CRITICAL

For a trial continuance necessitated by distancing or facility limitations, the assigned judge must make that finding and record it.

If a trial is continued due to proper distancing and facilities' limitations causing the continuance, the delay, the judge assigned to that case must find that such limitations necessitate the continuance, the delay, and shall make a record of such finding.

WARNING

Matters returnable on a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

WARNING

Matters returnable on a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

WARNING

Matters scheduled for a legal holiday are continued to the Court’s next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

WARNING

An agreement by counsel or the parties concerning a continuance motion does not bind the court.

Agreements of Counsel or parties as to a motion to continue shall not be binding on the court.

WARNING

Mediation must be completed within 60 days of assignment absent good cause, and either party may petition for additional time if it is not completed by then.

Mediation shall be completed within sixty (60) days of assignment, except for good cause shown. In the event that mediation is not complete within said sixty (60) days, either party may petition the court for additional time.