16th Judicial Circuit Court, Kane County
Court-Level Rules, Filing Procedures & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
Courtesy Copy, Motion, Brief
- Upon Filing
Gal Report
- 1 copy • Hand Delivery • At Least 1 Business Day Prior To Hearing
Pleading, Motion
- As Directed
Adjournments
- Telephone continuances are prohibited.
- Continuances for status of payment are prohibited except by court order.
- Motions may be continued by agreement with court permission; continuances over 90 days require good cause; continuance orders must strike other scheduled dates.
- +9 more
Request must include
Communication
Phone
Clerk
Page & Word Limits1 rule
Motions, supporting briefs, and opposing briefs are limited to 10 pages, except with good cause and prior leave of court.
No motion, or supporting or opposing brief, will exceed ten (10) pages in length except for good cause shown and with prior leave of court.
Brief
10 pages
Applies to: Attorney
Document Format Requirements18 rules
Jury instructions must be submitted as two typed, double-spaced 8.5x11 copies, with specific marking requirements, plus copies for each juror prior to closing arguments.
Jury Instructions. Any party submitting jury instructions shall provide the Court with two (2) copies of each instruction, typed, double-spaced on 8 ½" x 11" plain paper. One set of instructions shall be unmarked. The second set of instructions shall be marked in advance in the following manner; the party's designation and instruction number, the I.P.I. number or citation to legal authority supporting use of the instruction, and the words "Given", "Objected", "Refused", and "Withdrawn", followed by an underlined area after each such word to be checked by the Court at the time of ruling on instructions. The plaintiff shall be responsible for providing the Court prior to closing arguments with sufficient sets of copies of the instructions so that each juror will receive a copy.
Required warning in notices of hearing for certain proceedings must be in bold type.
include the following warning and notice in bold type: "NOTICE: IF YOU FAIL TO APPEAR BEFORE THE COURT AT THE TIME AND PLACE SET FORTH ABOVE, YOU MAY BE TAKEN INTO CUSTODY AND HELD IN JAIL WITHOUT FURTHER NOTICE"
Word-processed documents must use at least 12pt body font, 10pt footnotes, 8.5x11 20lb paper, 1-inch minimum margins, first page top right 2x2 blank for file stamp, include caption/case number, no margin handwriting.
All documents created by word processing programs must be formatted as follows: The size of the type in the body of the text must be no less than12 point font, and footnotes no less than 10 point font; the size of the document must be 8 ½ by 11 inches and no less than 20 pound weight; and the margins on each side of the page must each be a minimum of 1 inch; and the top right 2” x 2” corner of the first page of each pleading shall be left blank for the clerk’s file stamp. The document shall include the case caption, and case number. The case number shall be in the upper right hand corner not placed in such a position that it will be obliterated by the Clerk’s file stamp and there should be no handwriting in the margins.
Handwritten documents are only accepted from self-represented litigants, must be legible, black/blue ink, 8.5x11 white paper; only Clerk preprinted forms may be handwritten on by attorneys/litigants.
Hand written documents not in the required format as prescribed in this rule shall only be accepted for filing from self-represented litigants. Any hand written document by a self-represented litigant must be legible, written in black or blue ink, and on white paper measuring 8½ inches by 11 inches. An exception to the hand written rule is that litigants/attorneys may write on Circuit Clerk’s preprinted forms only.
The Circuit Clerk is not required to accept any document that does not comply with Supreme Court Rules or these local rules.
The Clerk of the Circuit Court is not required to accept for filing any document that does not comply with the Supreme Court Rules or these rules.
Exhibits must be labeled consecutively with alpha/numeric symbol on first page lower right; no duplicate attachments unless required by statute/Supreme Court Rule, use reference to prior filing instead.
Exhibits attached to pleadings, motions, and the like shall be labeled consecutively with either an alphabetical or numeric symbol on the lower right corner of the first page of each exhibit. Unless required by Statute or Supreme Court Rule, the original document filed with the Clerk of the Circuit Court shall not have attachments that are duplicates or reproductions of previously filed documents. Instead, a reference to the filing date and title of the document shall be used to replace the reproductions.
All documents must be typed in black ink, use suggested Times New Roman or sans serif font, minimum 1.5 line spacing; signatures/dates black ink or approved electronic format.
All documents shall be typed in black ink. Suggested font is Times New Roman or any other San Serif type. Signatures and dates shall be in black ink or in an electronic format approved by the Supreme Court. All documents shall have a minimum of 1.5 line spacing.
Multi-page documents cannot have staples, permanent binding, or be continuous forms; each page must have case number, first page numbered 'Page 1 of ___ Pages', subsequent pages numbered consecutively.
All documents with multiple pages shall not contain staples, be permanently bound, or be a continuous form. All paper shall have the case number printed on each page. The first page shall be numbered “Page 1 of ___ Pages” and each page thereafter shall be numbered consecutively or sequentially. It is suggested that a reference be made on the original document to indicate the number of pages attached, i.e. Exhibit A (10 pages).
First Notice must be in a form approved by the Chief Judge.
A First Notice describing the mediation program must be served on the defendant(s) in a residential eviction case with the summons (or alias summons) in a form approved by the Chief Judge.
Inventory items must be numbered with consecutive roman numerals starting at I, carried forward to subsequent inventories and accounts.
Consecutive item numbers, commencing with roman numeral “I” shall be assigned to each item inventoried and carried forward into each account. Numbers so assigned shall be supplemented by additional consecutive item numbers for items added in subsequent inventories and accounts.
All e-filed documents must be in PDF format; convert directly from authoring program when possible.
Documents must be submitted in PDF format. When possible, documents must be converted to PDF directly from the program creating the document, rather than from the scanned image of a paper document. Documents only available in paper format may be scanned and converted to PDF for electronic filing.
E-filed documents must use 12pt body font, 10pt footnotes, 8.5x11 paper, 1-inch margins, and 2x2 inch blank top right corner on first page.
(1) The size of the type in the body of the text must be no less than twelve (12) point font, and footnotes no less than ten (10) point font; (2) The size of the pages must be 8-1/2 by 11 inches; (3) The margins on each side of the page must each be a minimum of one (1) inch; (4) The top right two (2) inch by two (2) inch corner of the first page of each pleading shall be left blank for the Clerk’s stamp.
Exhibits must be labeled consecutively (alphabetical/numeric) on lower right corner of first page; duplicate attachments prohibited unless required by statute/Supreme Court Rule.
Exhibits attached to pleadings, motions, and the like shall be labeled consecutively with either an alphabetical or numeric symbol on the lower right corner of the first page of each exhibit. Unless required by Statute or Supreme Court Rule, the original document filed with the Clerk of the Circuit Court shall not have attachments that are duplicates or reproductions of previously filed documents. Instead, a reference to the filing date and title of the document shall be used to replace the reproductions.
E-filed documents must be unalterable (sealed PDF) and print identically to authoring program output.
Any electronically filed document must be unalterable (sealed PDF), and be able to be printed with the same contents and formats as if printed from its authoring program.
All pleadings must be filed in a form compliant with applicable statutory, local, and supreme court rules.
All pleadings shall be filed in a form consistent with the relevant statutory authority, Local Court Rules and Supreme Court Rules.
Circuit Clerk provides pre-printed/electronic forms requiring Chief Judge approval; Clerk sets form design, approval, and distribution policy.
The Circuit Clerk shall provide various pre-printed or electronic forms used in the Circuit Clerk’s Office and Courts. Contents of printed forms must be approved by the Chief Judge, or his/her designee, prior to print and distribution. All new designs, revisions and modifications to forms must be routed through the Circuit Clerk prior to final approval by the Chief Judge, or his/her designee. The appropriate Kane County Bar Association Committee may be included in the process. The Circuit Clerk shall set policy on the form design, approval process and distribution. Distribution includes hard copy, electronic format, and other technologies as they become available. Alphanumeric and/or bar codes may be used to facilitate image scanning and data entry.
Approved Clerk forms may be duplicated if they retain same verbiage, standardized heading, and matching codes.
Forms available from the Circuit Clerk’s Office, previously approved by the Chief Judge’s Office, may be duplicated provided they contain the same verbiage, standardized heading and are coded to match.
Clerk provides approved blank forms to self-represented litigants and accepts standardized forms from Illinois Supreme Court or other entities.
The Circuit Clerk shall make available to self-represented litigants blank forms in the approved format; however, shall also accept standardized forms from the Illinois Supreme Court or other entities which provide such forms.
Document Filing Requirements42 rules
Notice of motion hearing must include judge, title, case number, date, time, courtroom; copy of motion, papers, and proof of service served with notice.
Written notice of hearing of a motion shall be given by the party requesting the hearing to all attorneys or self-represented parties who have appeared and have not been held in default for failure to plead. The notice of hearing shall designate the judge to whom the motion will be presented, the title and case number of the action, the date, time, and courtroom in which the motion will be presented. A copy of the motion, any papers to be presented with the motion and proof of service shall be served with the notice.
Document Type
Notice Of Motion
Motions seeking physician or expert witness fee rulings must set forth five specified categories of information under oath or verification.
In the instance of a conflict concerning reasonable compensation of a physician required to attend a deposition pursuant to Supreme Court Rule 204(c). or concerning the reasonable fee of an expert witness subpoenaed to appear at trial pursuant to the 735 ILCS 5/2-1101, a motion seeking a ruling on the reasonable compensation and response thereto will set forth under oath or verification to the extent known as to the following: ( 1 ) The ordinary charges of the physician or expert for services rendered in his or her daily profession; ( 2 ) The usual and customary charges of physicians or experts (with similar credentials) in the area; ( 3 ) The level of skill possessed by the physician or expert as well as the time and effort expended and to be expended in the matter at issue; ( 4 ) The hardship, if any, of advancing the compensation or fee or of testifying prior to receiving the compensation or fee; and ( 5 ) Other relevant facts
Document Type
Motion For Physician Expert Fees
In civil jury cases, specified motions and documents must be presented in writing at the final pre-trial conference.
In all civil jury cases the Court will conduct a final pre-trial conference, typically scheduled for the week before jury selection commences, in order to review, hear and rule upon issues pertaining to the following motions, pleadings and documents which must be presented in writing, at said conference: (1) Routine Motions in Limine. These are to be commonplace or typical motions. Any motions in limine requiring examination of documents, affidavits or depositions, or involving issues requiring briefing, shall be filed, served, and scheduled so as to be heard by the Court no less than thirty (30) days in advance of trial. (2) Statements of the Case. The plaintiff’s attorney and any other counsel, who desires, will prepare and submit to the Court and to each opposing party a Statement of the Case for use at voir dire. The statement will include the time, date, and location of the alleged transaction or occurrence giving rise to the lawsuit; a brief description of the alleged transaction or occurrence; the name and city of residence (or business) of each of the parties involved and of their attorneys; and a list of the names and residences of witnesses whom the parties intend to call. (3) Suggested voir dire questions. Questions to be asked by the court during voir dire may include, but are not limited to, topics or questions pertaining to unconventional or sensitive matters. (4) Proposed jury instructions. (5) Stipulations for use at trial must be signed by the parties or their attorneys and filed in the cause unless the Court directs otherwise. (6) Objections made in evidence depositions for ruling by the Court, unless previously heard. (7) Pre-marked exhibits which may be offered in evidence.
Document Type
Final Pre Trial Conference Documents
Notices of hearing for citations to discover assets, rules to show cause, and hearings with possible body attachment must include a bold warning about failure to appear.
Notices of hearings on citations to discover assets, rules to show cause, and any other hearing where a writ or order of body attachment or warrant of arrest may be issued 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 warning and notice in bold type: "NOTICE: IF YOU FAIL TO APPEAR BEFORE THE COURT AT THE TIME AND PLACE SET FORTH ABOVE, YOU MAY BE TAKEN INTO CUSTODY AND HELD IN JAIL WITHOUT FURTHER NOTICE"
Document Type
Notice Of Hearing
Orders for body attachment must include a physical description of the person and total judgment plus costs owed, unless an affidavit shows lack of knowledge.
Except upon affidavit showing lack of knowledge of the description of the physical person sought to be attached, no orders for body attachment shall issue unless a physical description of the body is provided in the appropriate space on the order. The order shall also contain notation as to the total amount of judgment plus court costs presently owed by the judgment debtor.
Document Type
Order For Body Attachment
Attorney fees require a separate sworn statement itemizing hours, work, and hourly rates.
(a) Attorney fees will not be awarded or approved unless the attorney representing the claim of the minor, ward or disabled person sets forth in a separate sworn statement the following: ( 1 ) An itemization of the hours expended, the work performed, and the hourly rates charged;
Document Type
Attorney Fee Statement
Verified petition for settlement approval must include enumerated items such as petitioner identification, claim description, injuries, parties, insurance, expenses, attorney opinion, medical report, and deposit location.
The Verified Petition must contain, if known, the following: ( 1 ) The Petitioner’s name, address and relationship to the minor, ward or disabled person; ( 2 ) A brief description of the occurrence giving rise to the claim; ( 3 ) A brief description of the injuries, damages, or relief claimed; ( 4 ) The name and address of each entity against whom the claim has been asserted; ( 5 ) The name and address of each liability insurance carrier, if any, affording coverage to any of the entities named above and the coverage limits; ( 6 ) A list of bills, expenses, and liabilities incurred as a result of the occurrence; ( 7 ) A statement or report of the attorney for petitioner, stating that in the attorney’s opinion, based upon the facts and the law, the proposed settlement is fair, is recommended and should be approved; ( 8 ) Where appropriate, a current medical report executed by the attending physician stating the nature and extent of the injuries and the current condition of the minor, ward or disabled person in regards to those injuries and prognosis; ( 9 ) The proposed place where any portion of settlement funds due to the minor, ward or disabled person is to be deposited.
Document Type
Verified Petition
When settlement fees are based on a contingent fee agreement, the fee report must include an account of work performed, the result realized, a copy of the fee agreement, and a statement justifying any amount exceeding 25% of the gross settlement.
( 2 ) If the fees sought are based upon a contingent fee agreement, an account of the work performed, the result realized (with a copy of the fee agreement and a statement justifying any amount in excess of twenty-five percent (25%) of the gross settlement amount).
Document Type
Fee Report
The order approving a ward's settlement must include a statement of distribution of funds, a deposit location, a voucher filing date, guardian appointment for lump sum settlements, guardian oath and bond, annuity company approval with an 'A' or better rating for structured settlements, and a restriction on minor's funds until majority for structured settlements.
The order approving settlement, in addition to other provisions appropriate to the specific case, will require the following: ( 1 ) A statement of distribution of settlement funds; ( 2 ) A designation of the place where those funds due the minor, ward or disabled person will be deposited; ( 3 ) A date for filing of vouchers signed by the recipient of any portion of the settlement funds; ( 4 ) In the case of a lump sum settlement the appointment of a guardian of the estate of the minor, ward or disabled person (if none have been previously appointed) for the sole purpose of receiving the proceeds of the settlement, distributing same and filing vouchers demonstrating the distribution; ( 5 ) The approval of an oath and bond to be filed by the above referenced guardian; ( 6 ) In the case of a structured settlement, the approval of the company providing the annuity, which must have a rating of “A” or better by the Best Insurance Guide, or other rating service found acceptable by the Court. ( 7 ) In the case of a structured settlement where annuity payments are payable to a minor before the age of majority, a requirement that the funds be paid to the estate of the minor and shall not be withdrawn, expended or transferred until the minor attains majority unless by order of the Court.
Document Type
Settlement Order
A minor's settlement proceeds must be deposited in a restricted, court-approved account, and the personal representative's voucher must contain specified language barring withdrawals until the minor attains majority absent a court order.
Any proceeds due a minor from a settlement approved hereunder shall be deposited in a restricted account in an institution approved by the Court and the voucher secured by the personal representative must contain language substantially as follows: “No withdrawals, expenditures or transfers shall be made of these monies at any time prior to (insert the date that the minor attains majority) unless same has been authorized by order of Court”.
Document Type
Voucher
Attorney compensation is capped at one-third of the settlement for a trial-court disposition by settlement or trial, and at one-half of the recovery if an appeal is perfected.
Attorney’s compensation shall not exceed one-third of the settlement if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation paid to the attorney shall not in any event exceed one-half of the recovery.
Document Type
Settlement Order
A petition to withdraw a minor's restricted funds before majority must be in writing and state the current account amount, the minor's annual income, the amount and purpose of the proposed withdrawal, and the dates, amounts, and purposes of any prior withdrawals.
A petition or motion for withdrawal from a restricted account as provided above, prior to the minor reaching the age of majority, shall be in writing and shall state the amount in the account at the time of presenting the petition, the annual amount of income available to the minor, the amount and purpose of the proposed withdrawal, and the date(s), amount(s), and purpose(s) of any previous withdrawal(s) from the account.
Document Type
Withdrawal Petition
If a surety waiver on the guardian's bond is granted, the attorney must deposit and disburse settlement funds per the order and present proof, and the approval order must expressly state this responsibility.
In the event a waiver of surety on the bond of the guardian of the estate appointed hereunder is sought and granted, it shall become the personal responsibility of the attorney seeking entry of a settlement order to deposit and disburse the funds in accordance with the order and to present proof of the same. The order approving the settlement shall expressly state this responsibility.
Document Type
Settlement Order
Attorney of record leaving firm must file motion to withdraw; new attorney must file appearance form.
If an attorney of record is no longer with the firm, the attorney of record shall file a motion to withdraw, and the new attorney to appear on the case shall file an appearance form.
Document Type
Motion To Withdraw
Parties commencing an action via physical hard copy must complete a New Case Information Sheet.
In furtherance of an expeditious case processing flow, each party commencing an action or proceeding in the conventional manner (physical hard copy), shall complete a New Case Information Sheet.
Document Type
New Case Information Sheet
All pleadings, appearances, subsequent papers/orders must include attorney/party contact info and ARDC number.
The first pleading and/or appearance and all subsequent papers and orders shall contain the name, address, telephone number, fax number and email address of the attorney (or party if self-represented) filing said paper, and any other information as required by Supreme Court Rule. The attorney shall also include his or her attorney registration number issued by the Attorney Registration and Disciplinary Commission (ARDC).
Document Type
Pleading
Mediation agreements must be signed by all parties and their counsel before submission to the Court for approval.
If the parties reach an agreement, the parties and their counsel shall sign the agreement and the Program shall submit it to the Court for approval.
Document Type
Mediation Agreement
Verified petition for heirship declaration must include petitioner/attorney details, decedent information, heir details, and facts establishing heirship.
When no petition for admission of a will to probate or for letters of administration is pending, a person seeking to obtain an order declaring heirship for a decedent shall file a verified petition which shall include: (1) The name and address of petitioner and his/her attorney; (2) The name and place of residence of the decedent at the time of death; (3) The date and place of death; and (4) Sufficient facts to establish the identification of the decedent’s heirs; and (5) The name and last known address of each of the heirs and whether an heir is a minor or a disabled person.
Document Type
Verified Petition Heirship Declaration
Testimony from will admission hearing must be reduced to writing, certified by court, and filed with Circuit Court Clerk; no testimony required if will admitted via attestation clause or affidavit per 755 ILCS 5/6-4.
Testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the Court and filed with the Circuit Court Clerk. No testimony need be given when a will is admitted by attestation clause or affidavit in accordance with 755 ILCS 5/6-4.
Document Type
Testimony Transcript Will Admission Hearing
Petition for admission of will to probate must include a facsimile of the will and an affidavit confirming the facsimile is accurate.
With a petition for admission of a will to probate, petitioner shall file a facsimile which accurately and permanently reproduces the will, and an affidavit of petitioner or his attorney that the facsimile is a copy of the will to be admitted.
Document Type
Petition For Admission Of Will Probate
Petition for probate of handwritten will must include facsimile, typewritten copy, and affidavit confirming typewritten copy accuracy.
With a petition for probate of a handwritten will, in addition to a facsimile thereof, petitioner shall file a typewritten copy of the will, and an affidavit of the petitioner or his/her attorney that to the best of his/her knowledge the typewritten copy is correct.
Document Type
Petition For Probate Handwritten Will
Petition for probate of non-English will must include facsimile and certified translation by qualified translator.
With a petition for probate of a will in a language other than English, in addition to a facsimile thereof, petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.
Document Type
Petition For Probate Foreign Language Will
Representative's bond must include full names of principals/sureties in body and signatures, signatures by mark must be witnessed, and bond must be acknowledged per 765 ILCS 30/1.
The name of each principal and individual surety must be written in full in the body of the bond of a representative and in the signatures of the bond. When the signature is by mark, it must be witnessed by a person not a party to the bond. The bond shall be acknowledged in accordance with the Illinois Uniform Recognition of Acknowledgements Act 765 ILCS 30/1.
Document Type
Representative Bond
Corporate surety bonds require certified copy of surety's state authority on file with clerk and verified power of attorney attached to bond.
Bond with a corporation or association licensed to transact surety business in this State as surety will be approved only if a current certified copy of the surety’s authority to transact business in the State, as issued by the Director of Insurance, is on file with the Circuit Court Clerk and verified power of attorney or certificated of authority for all persons authorized to execute bonds for the surety is attached to the bond.
Document Type
Corporate Surety Bond
Filed inventory must be verified and include statements of cash, real/personal property, encumbrances, values, income, and bond details.
An inventory that is required to be filed with the court shall be verified and shall include: (1) A statement of the amount of money on hand; (2) A description of each parcel of real estate; (3) A detailed description of each item of personal estate; (4) A brief description of any encumbrance which affects an item and the current balance due on the encumbrance; (5) A statement of the approximate total value of the personal estate at the date of death; (6) A statement of the approximate annual income from real estate that is in the representative’s possession; and (7) A statement of the amount of the representative’s bond then in force, and whether surety, surety waived, corporate or individual.
Document Type
Inventory
Final account approval requires exhibiting clerk receipts for costs, clerk certificate on claims, claimant receipts, and tax payment evidence.
No final account of any estate shall be approved unless as exhibited to the Court: (1) The receipt of the Clerk for final court costs; (2) The certificate of the Clerk that all claims filed have been allowed or dismissed and listing claims allowed and not yet shown paid of record; (3) The receipts of claimants showing paid claims which were allowed and not paid of record, unless there is a finding of insolvency; and (4) The evidence that Federal Estate Taxes and/or Illinois Estate Taxes, if any, have been paid or are otherwise provided for.
Document Type
Final Account
Affidavit confirming unknown heir's residence after due diligence must be filed with Circuit Court Clerk.
Whenever the name or place of residence of any such person is unknown and upon due diligence cannot be ascertained, an affidavit to that effect shall be filed with the Circuit Court Clerk by said executor or administrator.
Document Type
Affidavit Unknown Heir Residence
Final account must include summary of completed procedural and administrative duties to authorize distribution and closing.
Final distribution and closing of the estate will not be authorized unless the legal representative shall report as part of the final account, or by separate document, a summary showing that all procedural and administrative duties have been completed.
Document Type
Final Account
Powers of attorney and assignment instruments must be executed and acknowledged per Illinois Uniform Recognition of Acknowledgment Act.
The power of attorney or the instrument of assignment shall be executed by the principal or the assignor, and acknowledged in accordance with the Illinois Uniform Recognition of Acknowledgment Act. 765 ILCS 30/1, et. seq.
Document Type
Power Of Attorney
Notices under Rule 8.17 must include proof of service certification or duplicate copy with acknowledgment of receipt.
Each notice sent pursuant to this Rule shall include a provision for certification of proof of service of the notice on the intended recipient or shall be in duplicate with a provision on the extra copy that includes acknowledgment of receipt by the intended recipient.
Document Type
Notice
Claims based on written instruments must include a copy of the instrument.
A claim based upon a written instrument shall be accompanied by a copy of the instrument.
Document Type
Claim
Fee petitions over $500 must be itemized and include time spent, work necessity, and fee basis.
All fee petitions in excess of $500.00 shall be made by itemized petition which includes the items in paragraph (b) above and in addition, shall include the time spent, the necessity of such work, and whether based on hourly rate or on other factors, or on a combination thereof.
Document Type
Fee Petition
Filing party certifies original signed document exists when e-filing document requiring original signature; must maintain originals, provide for inspection within 5 business days of notice, and provide hard copy to clerk within 5 business days of request.
Anyone filing an electronic document that requires an original signature certifies by so filing, that the original signed document exists in the filing party's possession. Unless otherwise ordered by the Court, the filing party shall maintain and preserve all documents containing original signatures that are filed electronically. The filing party shall make those signed originals available for inspection by the Court, the Clerk or by other counsel, or pro se party in the case, upon five (5) business day notice. At any time, the clerk may request from the filing party a hard copy of an electronically filed document which shall be provided within five (5) business days upon reasonable notice.
Document Type
Electronic Document Requiring Original Signature
E-filed pleadings must include case title, case number, and nature of filing; formatted per paper pleading rules.
All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper document pleadings. Additionally, each electronically filed pleading and document shall include the case title, case number and the nature of the filing.
Document Type
Electronically Filed Pleading Or Document
E-filed documents must include filer's typed name, email, address, phone number; attorneys must include ARDC Attorney Number.
Each electronically filed document shall also include the typed name, e-mail address, address and telephone number of the attorney or pro se party filing such document. Attorneys shall include their Attorney Number issued by the Attorney Registration and Disciplinary Commission on all documents.
Document Type
Electronically Filed Document
Original signatures required for non-electronic filers before filing; document must list non-registered signatories; retain original until 1 year after judgment final.
Original signatures of all non-electronic filers must be obtained before filing the document. The document must indicate the identity of each non-registered signatory. The filing party must retain the original document until one (1) year after the date that the judgment has become final by the conclusion of direct review or the expiration of the time for seeking such review.
Document Type
Document With Non Electronic Signers
Attorneys for Children, GALs, and Child's Representatives must file an appearance upon retention.
The Attorney for the Child, GAL or Child's Representative shall, upon retention, file an appearance.
Document Type
Appearance
Approved 604.10(b) Evaluators must provide annual proof of licensure and insurance by January 31 each year.
Each approved Evaluator must send proof of current licensure, current professional liability insurance and any change of address in a timely fashion, and provide annual proof not later than January 31st of the year in question of current licensure and professional liability insurance.
Document Type
Proof Of Licensure
Each party must submit a written summary to the mediator at least 10 days before mediation, including specified content.
Not less than ten (10) days prior to the mediation conference, each party shall present the mediator with a brief written summary of the case containing a list of all pending and resolved claims and all issues to be addressed in mediation. Any party who wishes all or part of their summary contents to remain confidential shall inform the mediator, in writing, at the time the summary is submitted and shall clearly mark the submission or parts thereof as confidential. The summary details may be subject to further discovery, depending on the progress of the case, but if available shall include the following information: (1) The names of all mediation participants; (2) The facts of the occurrence; (3) Opinions of liability; (4) All injury and damage information; and (5) Any pending offers or demands toward settlement
Document Type
Mediation Summary
Mediator's report must be signed and designate agreement type.
The report shall be signed by the mediator and shall designate: 'Full Agreement', 'Partial Agreement', or 'No Agreement'.
Document Type
Mediator Report
The mediator must submit a mediation report to the Court after each session, indicating attendance, agreement status, and reasons if mediation did not occur.
A mediation report shall be completed by the mediator at the end of each mediation session and submitted to the Court. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached a full agreement, partial agreement, or no agreement. Any agreement shall be reduced to writing and shall be attached to the mediation report. If the mediation does not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated among the parties in attendance, and whether the case has been or shall be reset for mediation. If, after the initial meeting, it was determined that the case is not suitable for mediation at the time, the report will so indicate.
Document Type
Mediation Report
Any executed Memorandum of Agreement must be tendered to the Court for approval to become enforceable.
If an agreement is reached, the mediator shall assist the mediation parties in memorializing their agreement. Any executed Memorandum of Agreement will be tendered to the Court for approval. If the Court approves and enters the Memorandum of Agreement, it is fully enforceable by the Court.
Document Type
Memorandum Of Agreement
Filing & Service rules
Electronic Filing Rules
All proposed orders must be e-filed on the same date as the hearing; failure to submit may result in dismissal.
All proposed orders shall be e-filed on the same date that the case was heard. Cases where no order was submitted may be dismissed for want of prosecution.
Page 2 | 9.04(f)
All returns of service must be promptly e-filed with the Circuit Court Clerk.
All returns of service (whether found or not found) shall be promptly e-filed with the Circuit Court Clerk.
Page 4 | 9.09(c)
Depositions, interrogatories, document requests, responses, and other discovery documents are prohibited from filing with Circuit Clerk, except requests to admit and responses.
Depositions, interrogatories, document requests, responses thereto, and other discovery documents will not be filed with the Circuit Clerk, except as permitted by (b) or (c) or pursuant to Supreme Court Rule 207. Requests to admit and responses thereto may be filed.
Page 8 | 6.19(a)
Documents may be filed in person, by U.S. mail, or as permitted by Supreme Court Rule or Circuit Clerk; email/fax signed copies accepted for scheduling dates.
Any document to be filed in any cause or proceeding may be filed in person or by United States mail, or as otherwise permitted by Supreme Court Rule or as allowed by the Circuit Clerk. For the purpose of securing scheduling dates, the Clerk of the Circuit Court may accept email or facsimile signed copies as originals.
Page 2 | 2.04(a)
Unapproved document types filed electronically are rejected by the Clerk.
Any unapproved document type filed electronically by a subscriber shall be rejected by the Clerk of the Court.
Page 1 | 2A.01 DESIGNATION OF ELECTRONIC FILING CASE TYPES (b)
All civil cases except WI (Wills), sealed, and impounded cases are permissible e-filing case types; Clerk directs phasing in of case types.
This Court hereby authorizes all civil cases with the exception of WI (Wills), and sealed and impounded cases as permissible electronic filing case types. The Circuit Court Clerk (Clerk) shall direct the phasing in of case types during implementation of electronic filing.
Page 1 | 2A.01 DESIGNATION OF ELECTRONIC FILING CASE TYPES (a)
Notices of appeal and post-judgment enforcement documents may be e-filed and served per Supreme Court Rules.
Any notice of appeal and post judgment enforcement proceeding documents may be e-filed and served in accordance with Supreme Court Rules.
Page 1 | 2A.01 DESIGNATION OF ELECTRONIC FILING CASE TYPES (c)
Users must register with Clerk and authorized e-filing vendor prior to e-filing; attorneys must submit specified registration info; vendor assigns PIN for filing/serving.
Prior to filing any document electronically, users are required to register with the Clerk and the Court's authorized e-filing vendor. Attorneys must submit an e-filing Registration Form to the Clerk which shall include a minimum of the following information: firm name, attorney names and ARDC registration numbers, address, phone number, e-mail address for e-service, staffs’ contact information, selected method for paying filing fees. The vendor shall assign to the subscriber a confidential Personal Identification Number (PIN). The subscriber shall use this PIN to file, serve, receive, review and retrieve electronically filed pleadings, orders and other documents in an assigned case.
Page 2 | 2A.03 AUTHORIZED USERS (c)
Conventional (paper) filing is permitted; e-filing program cannot block valid paper filings; Clerk scans paper filings into electronic file.
The Clerk shall allow the filing of a document or pleading using the conventional manner of filing. At no time shall the e-filing program prevent or exclude the ability to file any valid pleading with the Clerk. In those circumstances, the Clerk shall scan conventionally filed documents into the electronic file.
Page 2 | 2A.03 AUTHORIZED USERS (b)
Clerk accepts e-filings through authorized vendor or Clerk's computer workstation.
The Clerk shall accept and approve filings electronically through a vendor or through the Clerk's computer workstation.
Page 2 | 2A.03 AUTHORIZED USERS (a)
Pro se litigants may e-file via vendor with individual transactional agreements and credit card payment; assigned username/password by vendor.
Pro se litigants may utilize e-filing through a vendor on the internet by means of individual transactional agreements and credit card payment. Pro se litigants will be assigned a user name and password by the vendor.
Page 3 | 2A.03 AUTHORIZED USERS (d)
Substitutable physical items may be e-filed as images; non-conducive items (sealed docs, physical exhibits) filed physically; motion to file physical items may be e-filed.
Physical items for which a photograph may be substituted may be electronically imaged and e-filed. Items not conducive to electronic filing, such as documents under seal and physical exhibits for which an image will not suffice shall be filed in their physical form at the Circuit Clerk's office or in the courtroom, as directed by order of the court and in conformity with Supreme Court "Electronic Filing Standards and Principles." The motion and notice of motion for permission to file any of these physical items may be done electronically.
Page 3 | 2A.05 FILING OF EXHIBITS
Documents not complying with applicable format statutes, local rules, or standards may be rejected.
Documents not complying with the format specified by the applicable statute, or local rule, or standards may be rejected.
Page 7 | 2A.08 FORMAT OF DOCUMENTS (h)
E-filed documents with verified user authentication deemed signed by user; facsimile/typographical signatures deemed in-person signed.
Any document filed electronically, including all pleadings, motions, documents, etc., using a verified user authentication shall be deemed to have been signed by the holder of the user authentication. Documents containing facsimile or typographical signatures may be filed electronically and shall be deemed to have been signed in person by the individual identified.
Page 7 | 2A.09 SIGNATURES AND AUTHENTICATION (a)
Accepted electronic documents must have an electronic file stamp with required info, merged into the document; required for official filing.
Each document reviewed and accepted for filing by the Clerk shall receive an electronic file stamp. The stamp shall be endorsed in the name of the Clerk by the deputy clerk accepting filing, and shall include the identification of the court, the official time and date of filing and contain the word "FILED." This file stamp shall be merged with the electronic document and shall be visible when the document is printed and viewed on-line. Electronic documents are not officially filed without the electronic filing stamp. Filings so endorsed shall have the same force and effect as documents time stamped in the conventional manner.
Page 9 | ELECTRONIC FILING STAMP (e)
Documents requiring statutory filing fees must be e-filed in the same manner as other e-file documents.
The e-filing of a document requiring payment of a statutory filing fee to the Clerk in order to achieve valid filing status shall be filed electronically in the same manner as any other e-file document.
Page 11 | 2A.12 COLLECTION OF FEES (a)
All General Orders issued by the Chief Judge must be filed with the Circuit Clerk for permanent record-keeping.
Copies of all General Orders issued by the Chief Judge shall be filed with the Circuit Clerk, who shall maintain them as permanent Court records.
Page 4 | 1.06 AUTHORITY OF THE CHIEF JUDGE
The Financial Affidavit shall not be filed with the Circuit Clerk.
The Financial Affidavit itself shall not be filed with the Circuit Clerk.
Page 5 | 14.11 FINANCIAL AFFIDAVIT / DISCOVERY RULES
Attorney fee invoices shall not be filed but must be presented to court at hearing.
In any action for attorney fees, the supporting invoice of legal services rendered shall not be filed, but shall be presented to the court at the hearing.
Page 6 | 14.15 ATTORNEY’S FEES
Electronic filers have the same responsibilities as conventional filers for document completeness, readability, and proper filing.
A person who files a document electronically shall have the same responsibility as a person filing a document in the conventional manner for ensuring that the document is complete, readable and properly filed.
Page 9 | ELECTRONIC FILING STAMP (b)
E-filing subscribers/participants must notify parties, Clerk, vendor of contact info changes at least 10 business days before change takes effect.
All subscribers and other participants must immediately, but no later than ten (10) business days prior to when such a change takes effect, notify other parties, the Clerk and the e-filing vendor of any change of firm name, delivery address, fax number or e-mail address.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (g)
Subscriber agreement terms must be approved by Chief Judge/Clerk; vendor must give 30 days notice before agreement changes.
The Chief Judge of the Court or his/her designee, in coordination with the Clerk, shall review and approve the terms of the subscriber agreement. The vendor shall provide at least thirty (30) days of notice prior to the effective date of any subscriber agreement changes.
Page 13 | 2A.14 VENDOR CONDITIONS (d)
Affidavit of Income and Expenses should not be filed with circuit clerk unless directed by court.
The Affidavit of Income and Expenses form may be used in any pre or post-decree case involving financial issues, where the statutory Financial Affidavit (Family & Divorce Cases) referenced in section 501 of the IMDMA is not required by statute or by local court rule. The affidavit should not be filed with the circuit clerk unless directed by the court.
Page 6 | 14.12 AFFIDAVITS OF INCOME AND EXPENSES FORM
Routine probate estate filings may be processed by mail via probate administrative assistant, procedures approved by Chief Judge or Presiding Judge of Civil Division.
The Sixteenth Judicial Circuit may provide for a probate administrative assistant to assist attorneys and self-represented litigants to process routine estate filings by mail, through cooperation with the office of the Circuit Court Clerk. Procedures for such filings will be approved and promulgated by the Chief Judge or Presiding Judge of the Civil Division.
Page 16 | 8.26 Estate Filings by Mail
Clerk provides free e-file computer workstation access to attorneys and parties in e-file cases during normal business hours.
Without charge during normal business hours, the Clerk shall provide attorneys and parties in e-file cases access to an e-file computer workstation.
Page 3 | 2A.03 AUTHORIZED USERS (e)
E-file vendor must issue confirmation with date/time upon submitting document to Clerk; notify subscriber if document not accepted, may require re-filing.
Upon receipt by the vendor, and submission of an electronic document to the Clerk, the vendor shall issue a confirmation to the subscriber. The confirmation shall indicate the time and date of receipt, and serve as proof that the document has been submitted to the Clerk. A subscriber will receive e-mail notification from the vendor if a document is not accepted by the Clerk's office. In that event, the subscriber may be required to re-file the document to meet necessary filing requirements.
Page 9 | ELECTRONIC FILING STAMP (d)
E-file vendor must maintain and update e-service lists per case, use current list for service.
The e-filing vendor is required to maintain an e-service list for each e-filed case. The vendor shall immediately update the service list upon being given notice of new contact information. Whenever a document is submitted for service upon other parties by the e-filing vendor's system, the e-filing vendor shall use the most current e-service list to perform service.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (f)
E-file vendor must transmit daily statutory filing fees to Clerk's account, provide detailed breakdown per transaction.
At the end of each business day, the vendor shall electronically transmit to the Clerk's bank account all statutory filing fees required for that day's electronic filings. The vendor shall electronically provide the Clerk a detailed breakdown including case number, type of transaction and party being billed for the payment for each deposit.
Page 11 | 2A.12 COLLECTION OF FEES (b)
E-file vendor service fees are separate from and in addition to statutory filing fees, belong solely to the vendor.
Fees charged to e-filing subscribers by the vendor for vendor services are solely the property of the vendor and are in addition to any statutory fees associated with statutory filing fees.
Page 11 | 2A.12 COLLECTION OF FEES (c)
E-file vendor may charge fees/impose contract requirements for e-filings, except no fees for government users or indigent parties.
The e-filing vendor may require payment of a fee or impose other reasonable requirements by contract with a subscriber as conditions for processing electronic filings. Pursuant to contract terms, the e-file vendor must provide services but is not permitted to require payment of a fee for government users or parties deemed indigent by the Court.
Page 12 | 2A.14 VENDOR CONDITIONS (c)
E-file vendors with Clerk agreements are appointed as the Clerk's agent for e-filing, receipt, service, and retrieval of documents.
E-filing vendor(s) with Electronic Information Project Agreements executed with the Clerk are hereby appointed to be the agent of the Clerk regarding electronic filing, receipt, service and/or retrieval of any pleading or document via the e-filing vendor system.
Page 12 | 2A.14 VENDOR CONDITIONS (a)
E-file vendor must make e-filed and e-served documents available to subscribers and court users per Clerk contract and Supreme Court policy.
The e-filing vendor shall make electronically filed documents, and documents being served electronically through the e-filing vendor's system, available to subscribers and the designated court authorized users through the e-filing vendor's system in accordance with the current contract between the Clerk and the filing vendor, and consistent with the Supreme Court's Electronic Access Policy for Circuit Court Records of the Illinois Courts.
Page 12 | 2A.14 VENDOR CONDITIONS (b)
All e-filed documents and data remain property of the Court; vendor may not use them for unauthorized purposes.
Ownership of the documents and access to the data associated with all e-filed documents remains with the Court. The electronic documents processed by the e-filing vendor remain the property of the Court and neither the documents nor the data from the documents and/or transactions shall be used by the e-filing vendor for any other purpose other than those specifically authorized by the Chief Judge of this Court or his/her designee, in coordination with the Clerk.
Page 13 | 2A.14 VENDOR CONDITIONS (e)
Parties may e-file fully executed proposed settlement documents for judge review without court appearance; Allocation Judgment/Parenting Plan may be filed anytime if signed by both parties.
Parties may e-file fully executed proposed settlement documents with the Kane County Circuit Clerk for the assigned judge’s review and discretionary entry without a court appearance. (The Allocation Judgment/Parenting Plan may be filed at any time if signed by both parties).
Page 5 | 14.10 PROVE-UP HEARINGS
Filing Timing and Cure Windows
Proposed orders must be e-filed on the same date as the hearing.
All proposed orders shall be e-filed on the same date that the case was heard. Cases where no order was submitted may be dismissed for want of prosecution.
Page 2 | 9.04(f)
Counterclaims, cross-claims, intervenor suits, and third-party complaints may not be filed within 30 days prior to trial except by court order for good cause.
No counterclaim, cross-claims, intervenor suits or third-party complaints may be filed within thirty (30) days prior to trial, except upon order of court and for good cause shown.
Page 3 | 9.07(b)
Discovery automatically cuts off 15 calendar days prior to trial or arbitration.
Where discovery is a matter of right or where a party has been granted leave to engage in discovery pursuant to Supreme Court Rules 222 or 287 or such discovery shall be automatically cut off fifteen (15) days prior to trial or arbitration.
Page 3 | 9.07(a)
Substitution of judge motions as of right must be filed no later than 60 days before trial date, except if judge is succeeded within 60 days of trial.
Motions for substitution of a judge as a matter of right must be filed not later than sixty (60) days before the designated trial date except where the judge to whom the case was originally assigned is succeeded by another judge within sixty (60) days of the trial.
Page 2 | 6.05(b)
Motions not scheduled for hearing within 60 days of filing are deemed nullity and may be stricken without notice.
Any motion not scheduled for hearing and heard by the court within sixty (60) days from the date it was filed will be deemed a nullity and may be stricken without notice.
Page 4 | 6.10(g)
Dispositive motions (except during trial) must be filed and noticed no later than 90 days before trial date, except with leave for good cause.
All case or claim dispositive motions, other than those arising during trial, will be filed and noticed for setting no later than ninety (90) days before the designated trial date except by leave of court upon good cause shown.
Page 4 | 6.11(a)
Motions to compel discovery compliance, request relief, or protective orders must be scheduled for hearing before any affected dates or deadlines.
Motions to compel compliance with discovery rules or orders, to request relief, or protective orders relative to discovery rules or orders, shall be scheduled to assure hearing prior to any date(s) or deadlines that may be affected by the motions or requests.
Page 9
Settlement conference memoranda must be delivered to the judge and all counsel at least 7 days before the settlement conference.
In actions in which a settlement conference is held, the attorney for the plaintiff and the attorney for the defendant shall prepare a written settlement conference memorandum and shall deliver a copy to the judge and all counsel of record at least seven (7) days in advance of the settlement conference.
Page 9
Motions in limine requiring document review or briefing must be filed, served, and scheduled for hearing at least 30 days before trial.
Any motions in limine requiring examination of documents, affidavits or depositions, or involving issues requiring briefing, shall be filed, served, and scheduled so as to be heard by the Court no less than thirty (30) days in advance of trial.
Page 10
Motions in limine must be presented by the final pre-trial conference; orders on motions in limine must be written by movant's counsel and presented for signature before voir dire (jury) or opening statements (bench).
Motions in Limine. Motions in limine shall be in writing and shall be presented to the Court no later than the final pre-trial conference as provided in Local Rule 6.23, above. The Court, in its discretion, may consider motions in limine presented thereafter if it determines that the grounds became known subsequent to the deadline or for other good cause. All orders on motions in limine shall be reduced to writing by movant's counsel and presented to the Court for signature prior to voir dire examination in jury cases and opening statements in bench cases.
Page 10
Receivers must file a detailed report and inventory with the court within 30 days of appointment.
No later than thirty (30) days after his/her 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/her possession or control. Unless the Court orders otherwise, the receiver shall file with the inventory a list of the then known liabilities of the estate.
Page 13
Receivers must file first report with inventory, annual reports thereafter, final report on termination.
The receiver shall file the first report at the time of filing the inventory and additional reports annually thereafter. Special reports may be ordered by the Court and a final report shall be filed upon the termination of the receivership.
Page 14
Plaintiff must file initial Rule 222 Disclosure Statement by the initial return date; defendant must file within 28 days of first appearance.
Plaintiff shall file an initial Rule 222 Disclosure Statement with the Circuit Court Clerk not later than the case’s initial return date. Thereafter, defendant shall file an initial Rule 222 Disclosure Statement with the Circuit Court Clerk not later than twenty-eight (28) days after their first appearance, in conjunction with a written answer and appearance, or as otherwise ordered by the Court.
Page 3 | 11.04 DISCOVERY (b)
Arbitration award must be filed by the Arbitration Administrator with the Circuit Court Clerk on the same day as the hearing.
The panel shall render its decision and enter an award on the same day as the hearing. The Chairperson shall present the award to the Arbitration Administrator, who shall then file the same with the Circuit Court Clerk.
Page 5 | 11.06 AWARD AND JUDGMENT ON AWARD
Supervised estate representatives and guardians must file inventory within 60 days of receiving Letters Testamentary, Administration, or Guardianship.
The representative of an estate under supervised administration or the guardian of the estate of a minor or disabled adult shall be required to file an inventory within sixty (60) days after the issuance of Letters Testamentary, Letters of Administration or Letters of Guardianship, 755 ILCS 5/14-1.
Page 4 | 8.10 INVENTORIES
Supplemental inventory must be filed within 60 days of representative learning of additional estate property.
A supplemental inventory shall be required to be filed within sixty (60) days after additional real or personal property comes to the attention of the representative.
Page 4 | 8.10 INVENTORIES
Guardians must present final accounting within 30 days of termination of their office.
the final accounting shall be presented within thirty (30) days after the termination of the guardian’s office.
Page 5 | 8.11 PERIODIC ACCOUNTING: SUPERVISED ADMINISTRATION AND GUARDIANSHIPS
Pleadings filing deadline is 30 days after waiver of claim copy mailing/delivery or claim filing, whichever is later.
If the representative or his/her attorney waives the mailing or delivery of a copy of the claim, the time for filing pleadings is thirty (30) days after the waiver or the filing of the claim, whichever is later.
Page 14 | 8.20(c) Claim Waiver Deadline
Motion to dispense with mediation must be filed within 14 days after the Order of Referral.
If mediation has been court ordered and not initiated by stipulations of the parties, a party may move within fourteen (14) days after the Order of Referral, to dispense with mediation if: (1) The issue to be considered has been previously mediated between the same parties; or (2) The issue presents a question of law only; or (3) Other good cause is shown
Page 4 | 10.09(c)
Settlement order must be submitted by mediation conference date.
Upon settlement of any mediation case, the attorney for plaintiff, or the plaintiff if self-represented, shall immediately notify the judge assigned to the case in writing, and shall submit the written settlement or other dispositive order on or before the scheduled mediation conference date.
Page 5 | 10.11
Mediator must file a written report with the court within 14 days after termination of mediation.
Within fourteen (14) days after the termination of mediation for any reason, the mediator shall file with the court a report in writing indicating whether or not an agreement was reached by the parties.
Page 6 | 10.13(a)
Signed originals of e-filed documents must be provided for inspection within 5 business days of notice; hard copies requested by clerk must be provided within 5 business days.
The filing party shall make those signed originals available for inspection by the Court, the Clerk or by other counsel, or pro se party in the case, upon five (5) business day notice. At any time, the clerk may request from the filing party a hard copy of an electronically filed document which shall be provided within five (5) business days upon reasonable notice.
Page 3 | 2A.06 MAINTENANCE OF ORIGINAL DOCUMENTS (a)
Electronic documents are deemed filed with the Clerk upon review, acceptance, and completion of transmission with the electronic filing stamp.
Any document filed electronically shall be considered as filed with the Clerk upon review and acceptance, and the transmission has been completed with the Clerk's electronic filing stamp.
Page 9 | ELECTRONIC FILING STAMP (a)
Electronic filing mark uses transmission date/time; pleadings received before midnight on court days deemed filed that day, else next business day.
The transmission date and time of transfer shall govern the electronic filing mark. Pleadings received by the Clerk before midnight on a day the courthouse is conducting court shall be deemed filed that day. If filed on a day the courthouse is not conducting court, the document will be deemed filed the next business day.
Page 9 | ELECTRONIC FILING STAMP (c)
Rules to Show Cause must be returnable 14 to 30 days from issuance unless parties agree and court approves.
Unless otherwise agreed to by the parties and approved by the court, all Rules shall be returnable not less than fourteen (14) days and no more than thirty (30) days from the date of issuance.
Page 3 | 14.07 INDIRECT CIVIL CONTEMPT
Court reporter must file prove-up transcript within 30 days of prove-up unless waived by court.
Unless waived by the court, within thirty (30) days of the date of prove-up, a transcript of the proceeding shall be prepared and filed with the circuit clerk by the assigned court reporter.
Page 5 | 14.10 PROVE-UP HEARINGS
All discovery must be concluded 30 days prior to trial unless court order for good cause or party agreement.
Absent a court order for good cause or agreement by the parties to the contrary, all discovery shall be concluded thirty (30) days prior to trial.
Page 6 | 14.11 FINANCIAL AFFIDAVIT / DISCOVERY RULES
Attorneys on the approved Guardian ad Litem, Attorney for Child, or Child's Representative list must renew their application by May 30 annually.
An attorney's renewal shall be made on or before May 30 of each year.
Page 19 | 14.18 GUARDIANS AD LITEM, ATTORNEYS FOR CHILDREN AND CHILD'S REPRESENTATIVES
Failure to file timely motions or comply with Supreme Court Rule 201(k) may result in preclusion of relief.
Failure to bring timely motions or to comply with Supreme Court Rule 201(k) may preclude relief.
Page 9
Individuals must complete and submit intake forms to the Program Administrator within 7 calendar days of entry of the Order to Mediation.
All individuals expected to participate in mediation sessions must complete intake forms and submit them to the Program Administrator within seven (7) calendar days of entry of the Order to Mediation.
Page 4 | SCHEDULING OF MEDIATION CONFERENCES
604.10(b) evaluation reports must be submitted to the court and parties within 120 days of the appointing order.
The evaluation should be concluded and the report submitted to the court and the parties within one hundred and twenty (120) days of the appointing order.
Page 23 | 14.20 EVALUATIONS PURSUANT TO SECTION 604.10(b) OF THE IMDMA
Documents required to be maintained must be kept for 1 year after the appellate process is completed.
All documents that are required to be maintained and preserved must be kept for one (1) year after the appellate process has been completed.
Page 4 | 2A.06 MAINTENANCE OF ORIGINAL DOCUMENTS (b)
Court may allow retroactive filing for e-filings not filed due to transmission errors, vendor failures, Clerk rejection, or service list errors, upon satisfactory proof.
If the electronic filing is not filed with the Clerk because of (1) an error in the transmission of the document to the vendor which was unknown to the sending party or (2) a failure to process the electronic filing when received by the vendor or (3) rejection by the Clerk or (4) other technical problems experienced by the filer or (5) the party was erroneously excluded from the service list, the Court may upon satisfactory proof enter an order permitting the document to be subsequently filed effective as of the date filing was first attempted.
Page 12 | 2A.13 SYSTEM OR USER ERRORS (b)
The Court and Clerk are not liable for malfunctions or errors in electronic transmission or receipt of e-filed or e-served documents.
The Court and Clerk shall not be liable for malfunction or errors occurring in electronic transmission or receipt of electronically filed or served documents.
Page 12 | 2A.13 SYSTEM OR USER ERRORS (a)
Service and Proof of Service Rules
Summons and complaint must be served by any legally allowed method; Small Claims cases may use certified mail via Circuit Court Clerk.
A summons form shall be served upon each defendant together with a copy of the complaint by any of the methods allowed by law. In SC cases only, service may be made by certified mail by the Circuit Court Clerk pursuant to the requirements of Supreme Court Rule 284.
Page 1 | 9.01(a)
Personal service of motion hearing notice must be made by 4:00 PM at least 2 court days before hearing.
Notice by personal service shall be made by 4:00 p.m. at least two (2) court days before the scheduled hearing.
Page 4 | 6.10(e)(1)
Email (pro se with designated email) or fax (with consent) notice of motion hearing must be made by 4:00 PM at least 3 court days before hearing.
Notice by email (in the case of a self-represented litigant, provided he/she has designated an email address pursuant to SCR l1 and 131), or facsimile transmission (provided the party or attorney has consented to facsimile service pursuant to SCR 11) shall be made by 4:00 p.m. no later than three (3) court days preceding the scheduled hearing.
Page 4 | 6.10(e)(2)
Writings in support or opposition to a motion must be filed and served on opposing party.
Any writing in support of, or in opposition to, a motion shall be filed and served upon the opposing party.
Page 4 | 6.12(b)
Mail notice of motion hearing must be postmarked at least 5 court days before hearing.
Notice by mail shall be deposited in the mail with the U.S. Postal Service and postmarked at least five (5) court days before the scheduled hearing.
Page 4 | 6.10(e)(3)
Ex-parte motion hearing notice must be served within 2 days of hearing, with proof of service filed within 2 days.
If a motion is heard without prior notice under this rule, written notification of the hearing of the motion showing the caption and case number of the matter, the name of the judge who heard the motion, the date of the hearing, along with a copy of the motion and the order entered by the court at the hearing shall be served by the party or attorney obtaining the order upon all parties not found by the Court to be in default for failure to appear and/or plead, and proof of service thereof shall be filed with the Circuit Court Clerk within two (2) days after the hearing.
Page 6 | 6.13(f)
Copy of physician/expert fee motion and hearing notice must be served on the physician/expert, except for controlled experts under Supreme Court Rule 213.
A copy of the motion and the notice of the date and time set for hearing shall be served upon the physician or expert, unless the physician or expert is a controlled expert under Supreme Court Rule 213.
Page 9
Notice must be sent to designated family, guardian, or residence facility before presenting a petition for settlement approval, unless excused by the court.
NOTICE Prior to presentation of the Verified Petition for approval of the settlement of a cause of action, notice should be sent to the following persons or entities with regard to the minor, ward or disabled person: ( 1 ) The spouse, parents and adult siblings if any; or, if none: ( 2 ) Any appointed guardian if any; or, if none: Page 1 ===== PAGE 2 ===== Kane County Local Rule ( 3 ) Any person or facility with which the minor, ward or disabled person resides unless a consent signed by the entity entitled to notice is filed with the court or unless notice
Page 1 | 7.04
Pleadings, motions, and other papers not served in compliance with Supreme Court Rules 11 and 12 may be stricken.
Pleadings, motions and other papers filed with the Circuit Clerk, and not served in compliance with Supreme Court Rules 11 and 12, may be stricken.
Page 2 | 2.04(c)
First Notice must be served on defendants in residential eviction cases alongside the summons, in a Chief Judge-approved form.
A First Notice describing the mediation program must be served on the defendant(s) in a residential eviction case with the summons (or alias summons) in a form approved by the Chief Judge.
Page 2 | 9A.04 (a)
Notice of petition for will admission must be given to named heirs/legatees at least 14 days before hearing.
Notice of the petition shall be given not less than fourteen (14) days before the hearing on the petition for admission of the will to probate to each heir or legatee whose name and post office address is stated in the petition.
Page 2 | 8.05 DEPOSITION OF WITNESS TO A WILL
Within 7 days of bond approval, personal representative must mail bond schedules to heirs/legatees (excluding those who already approved) and file proof of mailing with clerk.
The personal representative or his/her attorney within seven (7) days shall mail copies of the schedules to each heir or legatee, (except any whose approval of the bond is on file) and file proof thereof with the clerk.
Page 3 | 8.07 BONDS: PERSONAL SURETIES
Notice of hearing on final/current account must be given 7 days prior for US residents, 21 days for non-US residents, via Supreme Court Rules 11/12 methods.
The notice shall be given at least seven (7) days prior to the hearing by one of the methods as provided by Supreme Court Rules 11 and 12 except when notice is by publication; If the person resides outside of the United States, the notice shall be by one of the methods for service as provided in Supreme Court Rules 11 and 12 at least twenty-one (21) days prior to the date of hearing;
Page 6 | 8.12 NOTICE OF HEARING ON ACCOUNTS
Proof of notice for account hearing must be filed with clerk on or before hearing date.
Proof of such notice shall be filed with the Circuit Court Clerk on or before the date of hearing;
Page 6 | 8.12 NOTICE OF HEARING ON ACCOUNTS
Notice to unknown heirs must be published in county newspaper at least 21 days before hearing.
Notice shall be given to such person by publication thereof at least once in some newspaper of general circulation published in the County at least twenty-one (21) days prior to the date of hearing;
Page 6 | 8.12 NOTICE OF HEARING ON ACCOUNTS
At least 5 days' notice to interested parties required for representative resignation or removal petitions, unless excused by court.
Unless notice has been excused by the Court, no less than five (5) days’ notice shall be made to all interested parties (including, without limitation, any co-representative, surety, unpaid claimant, beneficiary who has not received full distribution, and ward) of a representative’s petition to resign or of an interest person’s petition for removal of a representative.
Page 14 | 8.21(a) Resignation/Removal Notice
10 days' notice required for filing of final account by resigned or revoked representative, unless waived by court.
Unless notice is waived by the Court, ten (10) days notice of the filing of a final account of a representative who has resigned or whose letters have been revoked shall be given to his successor and to any other person entitled to receive notice.
Page 14 | 8.21(b) Final Account Notice
Counterclaims must be served on counter-defendant and their attorney via delivery or mail.
If a counterclaim is filed, a copy shall be delivered or mailed to the counter-defendant and his/her attorney.
Page 14 | 8.20(d) Counterclaim Service
Personal representative must provide notice to interested persons of fee amount stating hearing time to have fees fixed or credited.
To be entitled to have fees fixed on petition or to have credit for fees on any estate account, whether paid or to be paid, a personal representative must show disclosure of record of the fee dollar amount by signed consent from or notice to all interested persons as defined in 755 ILCS 5/1-2.11. If by notice, it shall state the time certain for hearing.
Page 14 | 8.22(a) Fee Petition Notice
Notice to State's Attorney and other designated persons required before order directing County Treasurer to pay court-deposited money.
Before an order is entered directing the County Treasurer to pay money deposited by order of the Court, notice shall be given to the State’s Attorney and to such other persons as the Court directs.
Page 15 | 8.23 County Treasurer Payment Notice
E-service deemed complete at vendor's posted time; for response timing, filed when Clerk closed deemed served next business day; e-mail e-service deemed complete first court day after transmission.
E-file service shall be deemed complete at the posted date and time listed by the e-file vendor. However, for the purpose of computing time for any party to respond, any document filed on a day or at a time when the Clerk is not open for business is deemed to be served on the Clerk’s next business day. E-service via e-mail shall be deemed complete on the first court day following transmission by the e-file vendor or party. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as personal service of an original paper document.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (d)
Documents requiring personal service to confer jurisdiction may not be e-served, must use conventional personal service.
Electronic service is not capable of conferring jurisdiction. Therefore, documents that require personal service to confer jurisdiction as a matter of law may not be served electronically through an e-file vendor, but must be served in the conventional manner.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (a)
Petitioners in judicial review of electoral board decisions must serve written notice of petition filing to the relevant election board within 24 hours of filing.
The Petitioner in any proceeding which falls under (a) of this Rule shall serve upon the Kane County Board of Elections or the Aurora Election Commission, written notice of the filing of any such proceeding within twenty-four (24) hours of the filing of the petition.
Page 8 | 1.13 JUDICIAL REVIEW OF LOCAL ELECTORAL BOARD ELECTIONS
Rules to Show Cause must be served in accordance with Supreme Court Rules for service of summons.
Service shall be in accordance with Supreme Court Rules as in service summons.
Page 3 | 14.07 INDIRECT CIVIL CONTEMPT
Written notice of intent to appear for prove-up must be sent to respondent after default entry, with proof of service filed by prove-up.
Following the entry of default, appropriate written notice of intent to appear for prove-up shall be sent to the respondent; and, proof of such service shall be filed at or prior to the prove-up.
Page 4 | 14.09 DEFAULT
Defendants in allocated parenting time enforcement actions must be served by Notice to Appear or Summons with return date 14-30 days from filing.
Service upon the Defendant may be by Notice to Appear or Summons with an initial return date no less than fourteen (14) days and no more than thirty (30) days from the date of filing.
Page 4 | 14.08 ENFORCEMENT OF ALLOCATED PARENTING TIME
In pre-decree cases, parties may not serve discovery requests until they have served the opposing party with a completed Financial Affidavit and corroborating documents.
In pre-decree cases, no party shall be entitled to serve any request for discovery on another party until the requesting party has served the opposing party, or their attorney, with a fully completed copy of the Financial Affidavit (Family & Divorce Cases) with all corroborating documents attached.
Page 5 | 14.11 FINANCIAL AFFIDAVIT / DISCOVERY RULES
Parties must exchange completed Financial Affidavit within 30 days of defendant's general appearance or responsive pleading.
Within thirty (30) days of the filing of the defendant’s general appearance or responsive pleading, the parties shall exchange the completed Financial Affidavit (Family & Divorce Cases) in accordance with and subject to the provisions of section 501 of the IMDMA.
Page 5 | 14.11 FINANCIAL AFFIDAVIT / DISCOVERY RULES
Parties must exchange pretrial memorandum 3 days before settlement conference; memorandum shall not be filed.
The parties shall exchange, BUT NOT FILE, at least three (3) days before the conference a pretrial memorandum setting forth: (1) The ages of the parties and duration of the marriage; (2) The ages of the parties’ children and any agreements relating to the Parenting Plan; (3) The income, assets and liabilities of the parties; and (4) Any other agreed or contested issues.
Page 6 | 14.13 SETTLEMENT CONFERENCES
Attorneys for Children, GALs, and Child's Representatives must be notified of all court appearances and conferences with the Judge.
The Attorney for the Child, GAL or Child's Representative shall be notified of all court appearances and conferences with the Judge and appear unless excused by the Court or by agreement of the parties including the Attorney for the Child, GAL, or Child's Representative.
Page 19 | 14.18 GUARDIANS AD LITEM, ATTORNEYS FOR CHILDREN AND CHILD'S REPRESENTATIVES
Designated counsel must send a copy of the appointment order to the Attorney for the Child, GAL, or Child's Representative within 5 days of entry.
The designated counsel for the parties shall forward a copy of the appointment order within five (5) days of entry thereof to the Attorney for the Child, the GAL and/or the Child's Representative.
Page 19 | 14.18 GUARDIANS AD LITEM, ATTORNEYS FOR CHILDREN AND CHILD'S REPRESENTATIVES
Copy of mediator's report must be sent to parties and Presiding Judge.
A copy of the report shall be sent to the parties and to the Presiding Judge of the Civil Division or to his/her designee.
Page 6 | 10.13(a)
Parties not subscribed to e-file vendor must be served per Supreme Court Rule 12 for non-jurisdiction documents.
If a party or party's designee has not subscribed to a vendor's services, service of all other documents shall be pursuant to Supreme Court Rule 12.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (c)
Proof of service for discovery and responses may be filed with the Circuit Clerk, becoming prima facie evidence upon filing.
Proof of Service of discovery and responses thereto may be filed with the Circuit Clerk and upon filing will be prima facie evidence that such documents were served or answered.
Page 9
Citations to discover assets may be served via personal service or certified mail per Supreme Court Rules 277(c) and 105(b).
A citation to discover assets may be served by either personal service or certified mail in conformance with Supreme Court Rules 277 (c) and 105 (b).
Page 12
Non-jurisdiction documents may be e-served via e-file vendor, responsibility on filing party/attorney.
All other documents may be served upon the other parties or their representatives electronically through the e-file vendor. The filing party or attorney shall be responsible for completing electronic service of these other documents using the vendor’s system.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (b)
Filing Fees and Waivers
Parties unable to pay court fees may apply for a fee waiver.
Parties who are unable to pay court fees may submit an application for a Waiver of Court Fees to the court.
Page 3 | 9.05(d)
Statutory filing fees must be paid when filing any document, pleading, or case with the Circuit Clerk.
All statutory filing fees shall be paid at the time that any document, pleading or case is filed with the Circuit Clerk.
Page 1 | 2.01(a)
Fee required by law must be paid when filing a supplemental probate proceeding.
The fee required by law shall be paid at the time the action is filed.
Page 1 | 8.01 SUPPLEMENTAL PROCEEDINGS IN PROBATE
No filing fee required for Appearance filed by GAL or court-appointed counsel for disabled person.
There will be no fee for the filing of an Appearance as a GAL or court-appointed counsel for Respondent.
Page 7 | 8.13 GUARDIANS AD LITEM AND APPOINTED COUNSEL IN PROBATE GUARDIANSHIP PROCEEDINGS FOR ALLEGED DISABLED PERSONS
Jury demands must be filed with Circuit Court Clerk and fee paid at time of filing petition/claim or answer/responsive pleading.
A petitioner or claimant who is interested in a jury trial, where permitted, must file a jury demand with the Circuit Court Clerk and pay the fee at the time he/she files his/her petition or claim. If a representative or other party in interest opposing the petition or claim is interested in a jury trial, he/she must file a jury demand and pay the fee at the time he/she files his/her answer or other responsive pleading.
Page 15 | 8.24 Jury Demands
Fee payment is stayed for e-filings with indigence waiver petitions until the court rules on the petition.
When the electronic filing includes a request for waiver of fees by a petition for indigence, payment of the requisite fees shall be stayed until the court rules on the petition.
Page 11 | 2A.12 COLLECTION OF FEES (e)
E-filing subscribers must maintain a valid credit card on file with the vendor for statutory filing fee payment.
All subscribers shall maintain a valid credit card on file with the e-filing vendor for the payment of statutory filing fees.
Page 11 | 2A.12 COLLECTION OF FEES (a)
No filing fee is required for Appearances filed by court-appointed Attorneys for Children, GALs, or Child's Representatives.
There will be no fee for the filing of an Appearance as a court-appointed Attorney for the Child, GAL or Child's Representative.
Page 19 | 14.18 GUARDIANS AD LITEM, ATTORNEYS FOR CHILDREN AND CHILD'S REPRESENTATIVES
Court reporter fees for prove-up hearings must be paid in full by the dissolving party at the time of hearing.
The court reporter fees shall be paid in full at the time of hearing. The payment of said fees is the responsibility of the party seeking dissolution. Failure to make prompt payment may delay the entry of judgment or result in sanctions against said party.
Page 4 | 14.10 PROVE-UP HEARINGS
Clerk provides document copies upon request and payment of applicable fee per 705 ILCS 105/27.2.
Upon request and the payment of the appropriate fee, the Circuit Clerk shall provide copies of any pleading or document filed in this Court pursuant to 705 ILCS 105/27.2, unless otherwise specifically ordered.
Page 2 | 2.06
Court fee waiver application forms per Supreme Court Rule 298 are available via the Circuit Clerk’s website.
Forms of Application for Waiver of Court Fees as provided in Supreme Court Rule 298, shall be as provided through the Circuit Clerk’s website.
Page 3 | 2.07
E-file vendor acts as Clerk's agent to collect filing fees via direct billing, except when fees are waived.
The vendor shall act as a limited agent for the Clerk and collect such required filing fees from the subscriber through direct billing of that subscriber, unless payment of the fee has been waived by court order or law.
Page 11 | 2A.12 COLLECTION OF FEES (b)
Document copies and certifications are available to requesting parties at reasonable cost per rule or statute.
Copies of any document or certification of same shall be available to the requesting party at a reasonable cost, including all applicable fees as set by rule or statute.
Page 11 | 2A.12 COLLECTION OF FEES (d)
Courtesy Copy Requirements
Courtesy copies of motions/briefs (if allowed/requested by judge) must be sent to Civil Division administrative office.
All correspondence including courtesy copies of motions or briefs (if allowed or requested by the assigned judge) intended for a Civil Division judge shall be directed to the Civil Division administrative office, which will then distribute to the assigned judge.
Page 1 | 6.02(c)
Parties must provide two copies of each jury instruction to the Court; plaintiff must provide copies for each juror prior to closing arguments.
Any party submitting jury instructions shall provide the Court with two (2) copies of each instruction. The plaintiff shall be responsible for providing the Court prior to closing arguments with sufficient sets of copies of the instructions so that each juror will receive a copy.
Page 10
Courtesy copy of GAL report must be delivered to Probate Judge at least 1 business day before hearing.
A courtesy copy of the GAL report shall be delivered to the Probate Judge c/o Room 360 of the Courthouse at least one (1) business day prior to the date set for hearing.
Page 9 | 8.13(g) GAL Report
Courtesy copies of pleadings and motions must be provided to the court as directed.
Courtesy copies shall be provided to the Court as directed.
Page 3 | 14.03 PLEADINGS, MOTIONS AND COURTESY COPIES
Sealing & Redaction Procedures
Juror-related court documents containing identifying information are impounded after jury trials; accessing such documents requires filing a petition with good cause.
4.06 SEALING OF JUROR RELATED COURT DOCUMENTS (a) At the completion of all jury trials, the judge shall provide to the clerk the judge’s juror profiles, juror list(s), and any signed verdict forms. In one envelope, the clerk shall insert the juror profiles, juror list(s), and any juror seating chart prepared by the clerk or the judge. In a separate envelope, the clerk shall insert any signed verdict forms. All such juror court documents with identifying information shall then be impounded in the court file until further order of court. (b) Anyone seeking to access these impounded documents in the court file with identifying juror information must file and notice a petition setting forth good cause for disclosure.
Page 2 | 4.06 SEALING OF JUROR RELATED COURT DOCUMENTS
Original GAL reports are impounded by the Circuit Court Clerk and closed to the public.
The filed original GAL report shall be impounded by the Circuit Court Clerk and shall not be open to viewing by the public.
Page 9 | 8.13(g) GAL Report
Confidential/impounded/sealed case documents must be filed conventionally; motion to seal without prior order must be e-filed with legal explanation, document not attached.
All documents in confidential, impounded, or sealed cases must be submitted conventionally to the Clerk's office for filing. A party who has a legal basis for filing a document under seal without prior court order must electronically file a motion for leave to file under seal. The motion must include an explanation of how the document meets the legal standards for filing sealed documents. The document in question may not be attached to the motion as an attachment.
Page 4 | 2A.07 PRIVACY ISSUES (b)
Filing party responsible for not disclosing sealed/impounded/private info (per Supreme Court Rules 15/138); Clerk not responsible for redaction.
It is the responsibility of the filing party or counsel to ensure that documents filed electronically do not disclose previously or statutorily impounded or sealed information or private information defined in Supreme Court Rules 15 and 138. The Clerk is not responsible for the content of filed documents and has no obligation to review, redact or screen any expunged, sealed or impounded information.
Page 4 | 2A.07 PRIVACY ISSUES (a)
Redact personal identifiers in e-filed documents: SSN (last 4 digits), driver's license (prohibited), minor children (initials), DOB (year only), financial accounts (last 4 digits) unless court ordered.
In addition to the materials referenced in Supreme Court Rules 15 and 138, parties and their counsel shall refrain from including, or shall redact where inclusion is necessary, the following personal identifiers from all documents electronically filed with the court, including exhibits, thereto, unless otherwise ordered by the Court: (1) Social Security Number and Driver's License Number - If an individual's social security number must be included in a document, only the last four digits of the number shall be used. An individual's driver's license number shall not be used; (2) Names of Minor Children - If the involvement of a minor child must be included, only the initials of that child's name shall be used; (3) Dates of Birth - If an individual's date of birth must be included in a document, only the year shall be used; and (4) Financial Account Numbers - If financial account numbers are relevant, only the last four digits of these numbers shall be used.
Page 5 | 2A.07 PRIVACY ISSUES (d)
Written reports submitted by GALs are impounded by the circuit clerk and not accessible to the public.
If the GAL submits a written report, it shall be impounded by the circuit clerk and shall not be open to viewing by the public.
Page 20 | 14.18 GUARDIANS AD LITEM, ATTORNEYS FOR CHILDREN AND CHILD'S REPRESENTATIVES
Mediation communications are confidential and inadmissible except settlement agreements.
All oral or written communications in a mediation conference, other than executed settlement agreements, shall be exempt from discovery and shall be confidential and inadmissible as evidence in the underlying cause of action unless all parties agree otherwise.
Page 6 | 10.14
Filing Bundling Requirements
Complaints requiring specified day summonses must be bundled with summonses for each defendant, filed at e-filing.
Complaints in cases requiring specified day summonses pursuant to Supreme Court Rule 101 (b) and (c), including but not limited to Small Claims, Law Medium, Arbitration and Eviction cases, shall be accompanied by summonses directed to each defendant, which shall be placed with the Clerk for issuance at the time of filing (e-filing) the complaint.
Page 1 | 9.01(e)
Bulk filings (multiple cases or multiple docs in one PDF) prohibited; different case numbers require separate transactions; individual case documents accepted in single transaction.
Bulk filings of multiple cases or multiple documents combined into one (1) PDF document shall not be accepted. Documents with different case numbers must be filed individually in separate transactions. Filing of individual documents within a case shall be accepted in a single electronic filing transaction.
Page 7 | 2A.08 FORMAT OF DOCUMENTS (g)
Exhibits, prior orders, and pleadings are prohibited from being filed with the circuit court clerk unless required by law, rule, or court leave.
Unless otherwise required by law, rule, or upon leave of Court, EXHIBITS, PRIOR ORDERS OR PLEADINGS SHALL NOT be attached or filed with the circuit court clerk. Violations of this rule may result in appropriate sanctions, including reasonable costs or fees associated with the enforcement of this rule, and in appropriate cases the barring of the particular exhibit.
Page 3 | 14.03 PLEADINGS, MOTIONS AND COURTESY COPIES
Adjournment & Extension Requirements
Telephone continuances are prohibited.
There shall be no telephone continuances.
Page 3 | 9.08(a)
Motions may be continued by agreement with court permission; continuances over 90 days require good cause; continuance orders must strike other scheduled dates.
Motions may be continued by agreement, with permission of the court. The judge must approve the continuance date. No motion shall be continued, for a period of greater than ninety (90) days except for good cause shown. The order granting the continuance must provide that any other datefor which the motion is scheduled is stricken.
Page 3 | 9.08(c)
Continuances for status of payment are prohibited except by court order.
There shall be no continuances for status of payment, except by court order.
Page 3 | 9.08(b)
Trials may only be continued via advance motion for good cause; non-attorney parties present in open court may request continuance; continuance orders must strike previous trial date.
Trials will not be continued except upon motion brought in advance of the trial date and then only for good cause shown. However, if all parties (non-attorneys) are present in open court and request a continuance, the Court shall consider the same. Orders setting a new date for trial shall include language striking the case from the trial call for the previously set date.
Page 3 | 9.08(d)
Settled cases may be continued by agreement for max 30 days for judgment/dismissal; failure to present order on continuance date results in automatic dismissal.
Cases settled in advance of the time set for trial may be continued by agreement for no more than thirty (30) days, for the entry of judgment or dismissal. One or both parties or counsel representing them must appear before the court to obtain such continuance. All matters so continued shall be scheduled for a date approved by the judge. Orders granting such a continuance must include language striking the case from the call on the date set for trial. The failure to present an order of judgment or dismissal on the continuance date will result in an automatic dismissal.
Page 4 | 9.08(e)
If service not made on return of initial summons/citation, plaintiff/counsel must appear and submit continuance order; failure to appear results in dismissal.
On the return of an initial summons or citation to discover assets, if service of process has not been made on the named defendant(s) or citation respondents(s), the plaintiff or plaintiff’s counsel must appear and submit an order continuing the matter for a date certain for either return on an alias summons or citation or for a status date to allow location of the party to be served. If the plaintiff or plaintiff’s counsel fails to appear, the matter will be dismissed.
Page 4 | 9.09(a)
Continuances require a written motion complying with the Code of Civil Procedure and Supreme Court Rules 231 and 138.
Continuances may be granted only by order of the Court. All motions for continuance shall be in writing and otherwise fully comply with the Code of Civil Procedure with Supreme Court Rule 231 and 138 and other applicable Supreme Court Rules or Local Rules.
Page 10
Continuances for absent trial counsel are only allowed in extraordinary or genuine unforeseeable emergency cases.
Continuances in such circumstances shall only be allowed in extraordinary cases or cases of genuine, unforeseeable emergency.
Page 10
Parties must file a written motion with a concise reason to request continuance or adjournment of arbitration hearings, which the judge may grant upon good cause.
Any party may request advancement or postponement of a scheduled arbitration hearing date by filing a written motion with the Circuit Court Clerk requesting the change. The notice of hearing and motion shall be served upon all other parties and upon the Arbitration Administrator, as provided by Supreme Court Rule and the Rules of the Circuit Court for the Sixteenth Judicial Circuit. The Motion shall be set for hearing on the calendar of the judge assigned to the case. The motion shall contain a concise statement of the reason for the change of the hearing date and be subject to Supreme Court Rule 231 (Motions for Continuance). The judge may grant an advancement or postponement of the arbitration hearing upon good cause shown.
Page 2 | 11.03 SCHEDULING OF HEARING (c)
Parties may request advancement or postponement of mediation by filing a written motion and serving notice on all parties, mediator, and mediation center.
Any party to a case may request advancement or postponement of a scheduled mediation hearing date by filing a written motion with the Circuit Court Clerk requesting the change. The notice of motion and motion shall be served upon attorneys of record and any self-represented parties who have filed appearances, as provided by the Supreme Court Rules and the Local Rules of the Sixteenth Judicial Circuit, with copies served upon the mediator and the mediation center.
Page 4 | 10.09(b)
Mediator may adjourn mediation conference at any time; no further notification needed for present parties.
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.
Page 5 | 10.9(f)
Parties not e-served due to vendor issues or service list errors may be entitled to response extensions, absent extraordinary circumstances.
If electronic service on a party does not occur because of (1)inaccessibility to the vendor's system, (2) an error in the vendor's transmission of notice to the party being served, (3) the vendor's failure to process the electronic filing for service, or (4) the party was erroneously excluded from the service list, the party to be served may, absent extraordinary circumstances, be entitled to an order extending the date for any response or period within which any right, duty or other act must be performed.
Page 10 | 2A.11 ELECTRONIC SERVICE AND FILING PROOF OF SERVICE (e)
Parties prejudiced by retroactive filing orders may be entitled to response extensions, absent extraordinary circumstances.
In the case of a filing error, absent extraordinary circumstances, anyone prejudiced by the Court's order to accept a subsequent filing effective as of the date filing was first attempted, may be entitled to an order extending the date for any response, or the period within which any right, duty or other act must be performed.
Page 12 | 2A.13 SYSTEM OR USER ERRORS (c)
Chambers Communication Rules
Upon settlement, plaintiff's attorney must immediately notify judge in writing and submit written settlement/order by mediation conference date.
Upon settlement of any mediation case, the attorney for plaintiff, or the plaintiff if self-represented, shall immediately notify the judge assigned to the case in writing, and shall submit the written settlement or other dispositive order on or before the scheduled mediation conference date.
Page 5 | 10.11
Civil Division administrative office contact: phone 630-232-3441, email CivilDivision@16thCircuit.IllinoisCourts.gov.
The administrative office for Civil Division judges is located at the Kane County Courthouse in room 360. The Civil Division telephone number is 630-232-3441 and the email is CivilDivision@16thCircuit.IllinoisCourts.gov.
Page 1 | 6.02(a)
Plaintiff's attorney must notify mediator that mediation conference is cancelled.
The attorney for plaintiff shall also notify the mediator that the mediation conference will not take place as scheduled.
Page 5 | 10.11