Limits & Logistics
Document Limits
Courtesy Copies
Filings > 20 pages
- 1 copy • At Least 10 Court Days Before Hearing
Pretrial Packet
- At Least 14 Court Days Before Final Pretrial
Financial Affidavit
Court-wide- 1 copy • At Least 7 Days Before Hearing or Pretrial
Mediator Final Report
Court-wide
Communication
Clerk5 contacts
Other Contacts4 contacts
Chambers1 contacts
Page & Word Limits1 rule
BRIEFS: shall be limited to 15 pages not including exhibits.
- Brief
- Up to 15 pages
Excluded from page count
- •Exhibits
Document Format Requirements1 rule
Electronic signatures are acceptable.
Formatting
- •Electronic signatures are acceptable
Document Filing Requirements9 rules
The landlord must file an affidavit to obtain permission for constructive service, including the specified facts about inability to serve personally, tenant status, and the tenant’s address or diligent inquiry into it.
Court's wording
Landlord must file an Affidavit to obtain permission for Constructive Service AFFIDAVIT REQUIREMENTS: • Personal service on tenant or unknown occupant could not be obtained o Include facts to support why personal service could not be obtained • Tenant’s status o Tenant is not a resident of Illinois o Tenant departed from the state o Tenant cannot be found after due inquiry OR o Tenant is concealed within the state so process cannot be served ▪ Include facts in support of Tenant status • The address of Tenant is ___ • The address of Tenant is unknown and after diligent inquiry Tenant’s address and place of residence could not be ascertained o Include facts to support diligent inquiry
Eviction Complaint Lease Violation Possession Only $89 filing fee: • 10-day notice • Written Lease attached to complaint • an Affidavit / Certification of Service of the 10-day notice
Eviction Complaint Rent $256 Filing fee: • a 5-day notice • an Affidavit / Certification of Service of the 5-day notice
Eviction Complaint Possession Only $89 filing fee: • 30-day notice • an Affidavit / Certification of Service of the 30-day notice
NOTICES: must comply with Illinois Supreme Court Rule 11.
Parties shall use Judge Parkhurst’s Rule 218 CMOs on Kankakee County Circuit Clerk’s Website: https://kankakeecountycircuitclerk.com/ CMOs must be signed by all counsel.
Orders must contain submitting lawyer/firm name, address, phone, e-mail, and ARDC #.
Oral/written motions are required for remote witness testimony.
Agreed HIPPA orders signed by all counsel may be submitted for entry without a court date to lpcourtesy@kankakeecountyil.gov.
Filing & Service rules
Electronic Filing Rules
Orders cannot be filed through Kankakee’s E-Filing system.
Kankakee does not have E-Filing of orders.
Civil cases
Page 1 | ORDERs
Filing Timing and Cure Windows
The initial CMO is due 182 days after filing, regardless of service or pleadings.
The initial Case Management Order (CMO) is due 182 days after filing—regardless of service or pleadings.
Civil cases
Page 1 | CASE MANAGEMENT
The Initial CMC date is automatically set on the 9:00 AM call within 60 days of case filing.
Upon case filing, the Initial Case Management Conference (CMC) date is automatically set on the 9:00 AM call within 60 days.
Civil cases
Page 1 | CASE MANAGEMENT
Service and Proof of Service Rules
If the tenant’s place of residence is known, a copy of the notices must be mailed to the tenant at that address.
If Tenant’s place of residence is known, a copy must be mailed to the Tenant at such address.
Civil cases
Page 1 | SERVICE BY POSTING AND MAIL
Constructive service by posting is allowed only when personal service cannot be obtained and the summons is returned not served stating that service cannot be obtained.
CONSTRUCTIVE SERVICE: Constructive service by posting is only allowed by the court when • personal service cannot be obtained AND • Summons returned not served and summons states service cannot be obtained
Civil cases
Page 1 | CONSTRUCTIVE SERVICE
The Sheriff must post three copies of the notices in public places in the neighborhood of the court at least 10 days before the court appearance.
The Sheriff must post 3 copies of such notices in public places in the neighborhood of the court at least 10 days prior to the court appearance date.
Civil cases
Page 1 | SERVICE BY POSTING AND MAIL
If the affidavit meets statutory requirements, the tenant may be notified by posting and mailing notices.
If the affidavit meets the statutory requirements, Tenant may be notified by posting and mailing of notices.
Civil cases
Page 1 | SERVICE BY POSTING AND MAIL
Filing Fees and Waivers
An eviction complaint for lease-violation possession only has an $89 filing fee.
Eviction Complaint Lease Violation Possession Only $89 filing fee:
Civil cases
Page 1 | REQUIRED FORMS
An eviction complaint seeking rent has a $256 filing fee.
Eviction Complaint Rent $256 Filing fee:
Civil cases
Page 1 | REQUIRED FORMS
An eviction complaint seeking possession only has an $89 filing fee.
Eviction Complaint Possession Only $89 filing fee:
Civil cases
Page 1 | REQUIRED FORMS
Parties who do not appear in person must pay to obtain a copy of the order from the Circuit Clerk’s Office.
ORDERS: Parties will be given a copy of the order if they appear in person; otherwise, the parties must call the Circuit Clerk’s Office at 815-936-5700 and request a paid copy of the order.
Civil cases
Page 1 | ORDERS
A party requesting a copy of an order from the Circuit Clerk’s Office must request a paid copy.
Orders are e- mailed only to the e-mails contained in the Order, otherwise; parties must call the Circuit Clerk’s Office at 815-936-5700 and request a paid copy of the order.
Civil cases
Page 1 | ORDERs
Courtesy Copy Requirements
If a brief packet contains a brief exceeding 20 pages including attached exhibits, submit one complete hard-copy packet of all briefs to the Judge at least 10 court days before the hearing.
For brief packets containing a brief over 20 pages (counting the attached exhibits), hard copies of all briefs must be submitted to the Judge at least 10—court days prior to the hearing. Submit 1 complete hard copy brief packet—no piecemeal submissions.
Civil cases
Page 2 | BRIEFS
Submit a hard copy of pre-trial packets to Judge Parkhurst at least 14 court days before the final pre-trial.
Submit hard copy of pre-trial packets to Judge Parkhurst at least 14—court days prior to the final pre-trial.
Civil cases
Page 2 | FINAL PRE-TRIAL
Filing Bundling Requirements
Qualifying brief materials must be submitted as one complete hard-copy packet; piecemeal submissions are prohibited.
For brief packets containing a brief over 20 pages (counting the attached exhibits), hard copies of all briefs must be submitted to the Judge at least 10—court days prior to the hearing. Submit 1 complete hard copy brief packet—no piecemeal submissions.
Civil cases
Page 2 | BRIEFS
Pre-Motion Conference Requirements
The court will not entertain motions on the trial date; pre-trial motions and motions in limine are presented and heard at the final pre-trial.
The court does not entertain motions on the day of trial. All pre-trial motions and motions in limine are presented and heard at the final pre-trial.
Civil cases
Page 2 | JURY TRIALS
Adjournment & Extension Requirements
Prejudgment-interest motions may be filed but must remain pending and be continued generally, with all issues preserved, until appellate review is exhausted and the Illinois Supreme Court issues a final order.
All such motions may be filed in all applicable cases and shall remain pending and shall be continued generally with all issues preserved until such time as all avenues of appellate review on the constitutionality of the Judgment Interest Act Amendment are exhausted and a final order from the Illinois Supreme Court is issued.
Civil cases
Page 1 | NOTICE: PREJUDGMENT INTEREST PROTOCOL
Chambers Communication Rules
Emergency matters must be set with the Clerk’s permission.
EMERGENCY MATTERS: must be set by permission from the Clerk.
Civil cases
Page 1 | EMERGENCY MATTERS
Submit orders to the stated email address for filing and copy all counsel and parties of record on the email.
Submit all orders to lpcourtesy@kankakeecountyil.gov for filing. All counsel/parties of record must be copied whenever using this e-mail to AVOID EX PARTE COMMUNICATION.
Civil cases
Page 1 | ORDERs
Parties appearing in person receive a copy of the order; otherwise, they must call the Circuit Clerk’s Office to request a paid copy.
ORDERS: Parties will be given a copy of the order if they appear in person; otherwise, the parties must call the Circuit Clerk’s Office at 815-936-5700 and request a paid copy of the order.
Civil cases
Page 1 | ORDERS
Contact the Judge’s Clerk at 815-936-5740 for scheduling.
JUDGE’S CLERK: Tricia Entwistle 815-936-5740. Clerk handles all scheduling.
Civil cases
Page 1 | JUDGE’S CLERK
Orders are emailed only to addresses listed in the order; parties who are not listed must call the Circuit Clerk’s Office to request a paid copy.
Orders are e- mailed only to the e-mails contained in the Order, otherwise; parties must call the Circuit Clerk’s Office at 815-936-5700 and request a paid copy of the order.
Civil cases
Page 1 | ORDERs
A court date may be obtained in person at the Room 209 window or by calling Judge Parkhurst’s clerk at 815-936-5740.
COURT DATES: You may get a court date in person at the window in Room 209 or call Judge Parkhurst’s Clerk: Tricia Entwistle at 815-936-5740.
Civil cases
Page 1 | COURT DATES