21st Judicial Circuit Court, Kankakee County, Illinois Adjournment & Extension Requirements

CRITICAL

The listed court dates are rescheduled for criminal and traffic proceedings in Courtrooms 109, 200, 300, and 309, except Statutory Summary Suspension hearings and Preliminary Hearings, which remain on their original dates.

This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse. Statutory Summary Suspension hearings and Preliminary Hearings are not continued pursuant to this schedule and will proceed on their originally scheduled date.

CRITICAL

Continued criminal and traffic matters are reset to the date on the attached Court Schedule and retain their originally scheduled time.

All criminal and traffic trials and proceedings continued pursuant to paras. 1 and 2 above are reset to the date specified on the Court Schedule, attached hereto as Exh. A. The scheduled time shall not change, i.e., a case previously scheduled to be called at 9:30 am will remain at 9:30 am on its new date.

CRITICAL

Juvenile delinquency proceedings scheduled during this period, other than trials of detained juveniles, are continued, except detention or release petitions, which proceed as the Court schedules.

All juvenile court delinquency proceedings that are scheduled to be called for any purpose other than trial of a detained juvenile between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of a petition seeking detention or release of a minor which shall proceed as the Court may schedule;

CRITICAL

Continued juvenile proceedings are reset to a date determined by the Court, retain their scheduled time, and have notice of the future date issued to counsel and the parties.

All juvenile court proceedings continued pursuant to paras. 9 and 10 above will be reset to a date determined by the Court. The scheduled time shall not change, i.e., a case previously scheduled to be called at 9:30 am will remain at 9:30 am on its new date. Notice of the future court date will be issued to counsel and the parties;

CRITICAL

Criminal and traffic trials scheduled to begin during this period are continued by court order.

All criminal and traffic trials (both jury and bench) that are scheduled to commence between November 9, 2020 and December 31, 2020 are hereby continued by Order of the Chief Judge.

CRITICALCriminal cases

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

Therefore, such continuances shall be excluded from speedy trial computations contained in section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) and section 5-601 of the Illinois Juvenile Court Act (705 ILCS 405/5-601 (West 2018))).

CRITICAL

Mediation must be completed within four weeks of the first conference unless extended by court order or party stipulation.

Mediation shall be completed within 4-weeks of the 1st mediation conference unless extended by court order or stipulated by the parties.

CRITICAL

A personal representative requesting an accounting extension or less frequent accounting must file a verified petition stating the reasons for the request.

Requests for an extension of time to a definite date or to allow less frequent accounting shall be filed by verified petition of the personal representative specifying the reasons for the request.

CRITICAL

Criminal and traffic proceedings scheduled during this period are continued, except Statutory Summary Suspension hearings, which proceed as scheduled.

All criminal and traffic proceedings that are scheduled to be called for any purpose between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of Statutory Summary Suspension hearings which shall proceed as scheduled;

CRITICAL

The Court aims to hear matters as scheduled; a continuance may be granted only by the presiding judge, in their discretion when justice requires, and the Circuit Clerk cannot grant one.

H. Continuances. The Court’s policy is to hear matters when they are scheduled. Continuances in civil and criminal cases are granted at the discretion of the judge presiding when justice requires. Only a judge can grant a continuance. The Circuit Clerk cannot continue a case.

CRITICAL

The mediation must be adjourned if safety concerns arise.

If safety concerns arise, the mediation shall be adjourned.

CRITICALCriminal cases

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

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

CRITICAL

Juvenile abuse and neglect proceedings scheduled during this period are continued, except shelter care hearings, renewal hearings, and emergency-motion hearings, which proceed as the Court schedules.

All juvenile court abuse & neglect proceedings that are scheduled to be called for any purpose between November 9, 2020 and December 31, 2020, are hereby continued, except in the case of shelter care hearings, renewal hearings or a hearing on any emergency motion which shall proceed as the Court may schedule;

CRITICALCriminal cases

When distancing and facility limitations prevent a safe trial, the judge must find that those limitations necessitated the delay and make a record of the finding.

This provision also applies when a trial is delayed when the Court determines proper distancing and facilities limitations prevent the trial from proceeding safely. The judge in the case must find that such limitations necessitated the delay and shall make a record thereof.

CRITICALCriminal cases

Circuit and Associate Judges in the 21st Judicial Circuit are authorized to continue criminal and juvenile cases.

It is hereby ordered that all Circuit and Associate Judges in the 21st Judicial Circuit are authorized to continue criminal and juvenile cases.

CRITICAL

Motions to continue must comply with the cited Illinois Supreme Court Rule and civil and criminal procedure statutes.

Motions to continue shall comply with Illinois Supreme Court Rule 231, 735 ILCS 5/2-1007 of the Illinois Code of Civil Procedure, and 735 ILCS 5/114-4 of the Illinois Code of Criminal Procedure.

CRITICAL

Continued criminal and traffic matters retain the same purpose on the rescheduled date as originally scheduled.

All continued criminal and traffic trials and proceedings shall be continued for the same purpose as originally scheduled, i.e., matters set for trial remain set for trial on the rescheduled court date; matters set to hearing remain set for hearing, status for status, etc;

CRITICAL

Exhibit A reschedules the listed criminal and traffic proceedings in Courtrooms 109, 200, 300, and 309; Statutory Summary Suspension hearings remain on their originally scheduled dates.

*This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse. Statutory Summary Suspension hearings are not continued pursuant to this schedule and will proceed on their originally scheduled court date.

WARNING

Mediation may be extended by court order or agreement of the parties.

Mediation may be extended by order of court or by agreement of the parties.

WARNING

In criminal proceedings, delay resulting from this emergency continuance order is not attributable to either the State or the defendant for purposes of section 103-5.

IT IS FURTHER ORDERED in the case of criminal proceedings, any delay resulting from this emergency continuance order shall not be attributable to either the State or the defendant for purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).

WARNING

An extension petition may be heard without notice if the record supports that annual accounting is unnecessary, the reason is not the petitioner's fault, or other good cause exists.

The petition may be heard without notice if: 1. The record supports an annual accounting is not necessary; 2. The record supports any reason that is not the fault of petitioner; or 3. The record supports other good cause.

WARNING

An attorney's or personal representative's lack of sufficient time is not sufficient cause for an accounting extension.

Lack of sufficient time on the part of the attorney and/or personal representative shall not be sufficient cause for extension.

WARNING

The mediator may adjourn mediation at any time and set a time to reconvene; parties present at the adjourned conference need no further notice.

F. Adjournment. The mediator may adjourn the mediation at any time and may set times for reconvening mediation. No further notice is required for parties present at the adjourned conference.

WARNING

Exhibit C’s schedule resets dates for criminal and traffic proceedings pending in Courtrooms 109, 200, 300, and 309.

*This schedule applies to all criminal and traffic proceedings pending in Courtrooms 109, 200, 300 and 309 of the Kankakee County Courthouse.

INFO

Trial continuances may be further extended as provided in Supreme Court Order M.R. 30370.

IT IS FURTHER ORDERED, pursuant to the authority granted to Chief Judges in Supreme Court Oder M.R. 30370, trial continuances may be further extended as stated in Order M.R. 30370.