16th Judicial Circuit Court, Kane County, Illinois Adjournment & Extension Requirements

Telephone continuances are prohibited.

Source text: There shall be no telephone continuances.

Continuances for status of payment are prohibited except by court order.

Source text: There shall be no continuances for status of payment, 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.

Source text: 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.

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.

Source text: 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.

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.

Source text: 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.

If service not made on return of initial summons/citation, plaintiff/counsel must appear and submit continuance order; failure to appear results in dismissal.

Source text: 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.

Continuances require a written motion complying with the Code of Civil Procedure and Supreme Court Rules 231 and 138.

Source text: 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.

Continuances for absent trial counsel are only allowed in extraordinary or genuine unforeseeable emergency cases.

Source text: Continuances in such circumstances shall only be allowed in extraordinary cases or cases of genuine, unforeseeable emergency.

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.

Source text: 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.

Parties not e-served due to vendor issues or service list errors may be entitled to response extensions, absent extraordinary circumstances.

Source text: 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.

Parties prejudiced by retroactive filing orders may be entitled to response extensions, absent extraordinary circumstances.

Source text: 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.