Circuit Court of Lawrence County, Illinois (2nd Judicial Circuit)
Court-Level Rules, Filing Procedures & Policies
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Document Format Requirements3 rules
The main body of pleadings and other filed papers must be neatly typed or printed and at least double-spaced, excluding the listed portions.
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing.
Pleadings and other papers in civil and criminal cases must have a neatly typed or printed main body with at least double spacing, while pro se parties may file neatly hand-printed papers with similar spacing.
- Line spacing
- Double
Court's wording
In all pleadings and other papers of any description whatever prepared for filing in all cases, civil or criminal, the main body thereof, exclusive of captions, signature and address blocks, indented quotations, verifications, acknowledgment, and other similar parts thereof, shall be neatly typed or printed, with a space between lines at least equivalent to double-spaced typing. Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
Neatly hand-printed pleadings and papers, with similar spacing, may be filed by pro se parties.
- Self-represented parties
Document Filing Requirements54 rules
No party or attorney shall address the court before filing such written appearance.
Every party, or counsel for a party, shall file a written appearance, general or special, which shall include the name, address and telephone number of such party or counsel.
A pro hac vice admission order may be granted only on a motion made by an attorney of the court or an unrepresented party, accompanied by the applicant attorney’s affidavit in substantially the prescribed forms and disclosing the number of prior cases in the state.
Court's wording
The court shall grant such an order only upon motion duly made by an attorney of this court or by an unrepresented party, including a corporation, accompanied by the affidavit of the attorney seeking admission. Such a motion and affidavit shall be in substantially the forms prescribed by Administrative Order of the Chief Judge, and the attorney seeking admission pro hac vice shall disclose the number of cases in this State in which he or she previously has appeared.
A written appearance without further pleading must meet Rule 5(a), be acknowledged before an authorized oath administrator with a specified acknowledgment, and, if it waives notice or consents to immediate hearing, state receipt of and attach the pleading seeking relief, unless a prescribed statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
Any attorney who is not regularly licensed to practice law in the State of Illinois who wishes to file in this circuit an appearance other than on his or her own behalf shall, before filing any such appearance, secure an order of admission pro hac vice.
A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Civil pleadings and entries of appearance must identify the circuit, county, parties and their designations, and case number.
- Document
- Pleading or entry of appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
When seeking relief concerning discovery materials, file the disputed portions with the motion.
Court's wording
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial.
When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to an order of the court, the necessary discovery papers shall be filed with the Clerk of the Court.
File anticipated portions of discovery materials to be used at trial or needed for a motion at the outset of trial or when filing the motion.
Court's wording
If interrogatories, requests, answers, responses, or depositions are to be used at trial or are necessary to a motion, the portions to be used shall be filed with the Clerk of the Court at the outset of the trial or at the filing of the motion, insofar as their use reasonably can be anticipated.
Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit.
In all criminal, traffic and juvenile cases, final judgments and order shall be in substantially the forms which are required by Administrative Order of the Chief Judge.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgement to be entered, unless the court directs otherwise.
Any such verified petition or testimony shall make at least a prima facie showing that the respondent is in contempt.
Except as provided in these Rules, orders to show cause for indirect civil contempt shall be issued only upon a verified petition which clearly sets forth the facts upon which the petition is based, or upon testimony of the complaining party given in open court.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
In matrimonial proceedings, the moving party must prepare and file the required-form affidavit before any hearing, except when emergency relief is sought or the court directs otherwise for good cause.
Court's wording
Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Before the initial case management conference in a case with contested qualifying issues, parties must satisfy the specified mediation prerequisites.
Court's wording
Prior to the initial case management conference in any case having contested qualifying issues, the parties shall comply with the mediation prerequisites of Circuit Rule 21 concerning the filing of financial affidavits, pre-mediation questionnaires and completion or scheduling of an approved parenting education program.
An heirship affidavit must substantially follow the specified form and include the listed information about the decedent, family relationships, unknown heirs, and each heir's per stirpes relationship.
Court's wording
(c) Affidavit Regarding Heirship. An affidavit of heirship shall include the following and shall be in substantially the form which is required by Administrative Order No. 2002-2 of the Chief Judge: (1) The date and place of death of the decedent; (2) Whether the decedent left a surviving spouse. The affidavit should also address prior marriages ending in death or divorce and the children born to or adopted by the decedent from each marriage; (3) The names of all children, if any, born or adopted by the decedent. The affidavit shall specifically state that there are no other children, born or adopted. (4) The date of death and the descendants, born or adopted, if any, of any deceased child. The affidavit shall specifically state that there are no other descendants, born or adopted. (5) If there is no spouse or descendants, born or adopted, the parents, brothers and sisters and the descendants of any deceased brother or sister, born or adopted. The affidavit shall specifically state that there are no other brothers, sisters or the descendants of any deceased brother or sister, born or adopted. (6) The manner in which the affiant is related to the decedent. If the affiant is not related to the decedent, the affidavit shall adequately establish the basis of the affiant's knowledge of the decedent's heirship. (7) An assertion of any unknown heirs or addresses which shall specifically state what diligent efforts have been made to ascertain the same. (8) The concluding section shall trace the per stirpes relationship of each heir to the decedent; for example, "A, grandson of decedent, being a son of B, predeceased daughter of decedent," or, "A, nephew of decedent, being a son of B, predeceased sister of the decedent."
If an heirship order is incomplete or erroneous, an amended proof of heirship must be made and an amended order entered.
Court's wording
(e) Amended Order Declaring Heirship. If the order declaring heirship is incomplete or erroneous, an amended proof of heirship shall be made as provided in this Rule and an amended order declaring heirship shall be entered.
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order to the Circuit Clerk reflecting the affidavit's concluding language.
- Document
- Affidavit of heirship
Must include
- •Proposed order
Court's wording
(d) Order Declaring Heirship. At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
The termination report must use the Chief Judge’s form, include the termination date and reason and any issues resolved, and omit reasons the parties could not reach agreement.
Court's wording
2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
If the mediator has the stated concerns, the final report must recommend appointment of a child representative or guardian ad litem.
Court's wording
3. If the mediator has concerns for the welfare or safety of the minor child(ren) or feels that it is in the best interest of the minor, the mediator shall recommend in the final report that a child representative or guardian ad litem be appointed.
The mediator must file a signed written report stating whether there was a full, partial, or no agreement.
Court's wording
The mediator shall report to the Court in writing whether or not an agreement was reached by the parties. The report shall designate, "full agreement," "partial agreement," or "no agreement." The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
For a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the necessary documents for resolved claims.
Court's wording
If a partial agreement is reached, the report of the mediator shall state which claims have been resolved and which claims have not been resolved. The report shall also identify those individuals designated to complete and submit all documents necessary to the conclusion of those claims resolved by agreement.
If no agreement is reached, the mediator shall so report without comment or recommendations.
If an agreement is reached, it shall be reduced to writing and signed by the parties or their agents before termination of mediation. Each party shall receive a copy of such agreement.
If a full agreement is reached, the report of the mediator shall so state and shall identify those individuals designated to complete and submit all documents necessary to the conclusion of the agreement.
Court-date documents issued by private counsel and filed in the Second Judicial Circuit must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the specified courtroom, Zoom, dial-in, and courthouse information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
Clerk-issued summonses, notices, and court-date orders must include the specified language directing participants to Rule 24 and the court’s official website.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
In matrimonial proceedings, the moving party must prepare and file the prescribed affidavit before any hearing, unless emergency relief is sought or the court directs otherwise for good cause.
Court's wording
In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Before trial or hearing, or at the final pretrial conference if held, parties must identify and mark potential exhibits, prepare an exhibit list with marks and descriptions, and present two copies of the list.
Court's wording
Prior to trial or hearing, or at the final pretrial conference if one is held, in all cases in which exhibits are to be offered, each party shall identify and mark each exhibit which may be offered at trial. Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters. Each party shall prepare a list of all such exhibits in substantially the form which is required by Administrative Order of the Chief Judge, which list shall contain the identification mark assigned and a brief description of each exhibit. At the trial or hearing, or at a final pretrial conference, each party shall present to the court two (2) copies of such list for use by the court and the court reporter.
In civil cases, a pleading or appearance must identify the circuit, county, parties and their designations, and case number to be accepted for filing.
- Document
- Pleading or appearance
Must include
- •Case number
Court's wording
In all civil cases, the Clerk shall not accept for filing any document purporting to be a pleading or entry of appearance unless the document clearly sets forth the name of the circuit and the county, the names and designation of the parties and the case number.
A motion hearing notice must identify the action, hearing date and time, and motion, and include the motion papers or state that they were previously served.
Court's wording
Any notice of hearing shall contain the title and number of the action and the date and time when the motion is to be heard or presented, and shall state the nature of the motion. A copy of any written motions and of all papers presented therewith, or a statement that such motions and papers previously have been served shall accompany the notice.
Every party, or counsel for a party, shall file a written appearance, general, or special, or limited scope which shall include the name, address and telephone number of such party or counsel.
A motion seeking relief concerning specified discovery materials must be filed with copies of the disputed portions.
Court's wording
If relief is sought concerning any deposition, interrogatory, request for production or inspection, request for admission, answer to interrogatory or response to request for admission, copies of the portion of the deposition, interrogatory, request, answer or response in dispute shall be filed with the Clerk of the Court contemporaneously with any motion.
A pro se written appearance without further pleading must be acknowledged before an authorized officer, include the officer’s statement, and attach any pleading for which notice is waived or immediate hearing is consented to, unless a prescribed statutory form applies.
Court's wording
If any party enters his appearance in writing without further pleading, such appearance shall comply with Rule 5(a), and shall be acknowledged before a person authorized to administer oaths under the laws of the State of Illinois. Any such acknowledgment shall include a statement by the acknowledging officer that the person who signed such entry of appearance personally appeared before the officer and acknowledged such entry of appearance as the signer's free and voluntary act. If any such entry of appearance or acknowledgment contains any waiver of notice or consent to immediate hearing, the entry of appearance shall set forth that the appearing party has received a copy of any pleading seeking relief with respect to him. A copy of any such pleading shall be attached to the entry of appearance and shall be made a part thereof, except in cases where a statute or rule provides a particular form of appearance, in which case the statutory form shall suffice.
When filing a Section 5-3 heirship affidavit, the representative must submit a separate proposed order reflecting the affidavit’s concluding language.
- Document
- Heirship affidavit
Must include
- •Proposed order
Court's wording
At the time of filing of an affidavit pursuant to Section 5-3 of the Probate Act, the representative shall submit to the Circuit Clerk a separate proposed Order Declaring Heirship which shall reflect the language contained in the concluding section of the affidavit.
Clerk-issued summonses, notices, and court-date orders must include the specified remote-appearance information language.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit shall also be accompanied by the following specific language, “For more information on appearing remotely by phone or video, please refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.”
Private-counsel summonses, notices, and court-date orders must include the specified remote-appearance language; noncompliant documents are subject to e-file rejection.
Court's wording
All summonses, notices, and court orders setting court dates issued by private counsel and filed in cases in the Second Judicial Circuit shall be accompanied by the following specific language, “For information on appearing remotely by phone or video, please contact the Circuit Clerk’s Office or refer to the Second Judicial Circuit Rule 24 – Rule on Attending Court Remotely by Video or Phone” found on the Second Judicial Circuit’s official website www.illinoissecondcircuit.info.” Summonses, notices, and court orders setting court dates that are not in compliance with this provision shall be subject to e-file rejection.
When a judge rules upon a motion other than in the course of a trial or makes a final determination in any action, the attorney for the prevailing party shall promptly prepare and present to the court, other counsel and any pro se parties the order or judgment to be entered, unless the court directs otherwise.
When remote appearance is an option, clerk-issued summonses, notices, and court-date orders must include the listed courtroom, connection, participation, and contact information.
Court's wording
All summonses, notices, and court orders setting court dates issued by the Circuit Clerk’s Offices in the Second Judicial Circuit when case participants have the option to appear remotely shall be accompanied by the following information: (1) the Courtroom to which the case has been assigned, (2) the Zoom Meeting ID for that assigned Courtroom, (3) the Zoom Meeting Password, (4) Instructions for Zoom Participation, (5) the Dial-in Telephone Number, (6) Instructions for Dial-In Participation, (7) Courthouse Address and Circuit Clerk’s Telephone Number.
The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
The filing of the notice of hearing shall constitute a certification of compliance with this rule.
Unless otherwise ordered by the court, Plaintiff shall identify and mark exhibits with numbers and Defendant shall identify and mark exhibits with letters.
Counsel preparing a hearing notice must make a good-faith effort to coordinate a mutually convenient hearing time, and filing the notice certifies compliance.
Court's wording
It is the responsibility of counsel preparing the notice of hearing to make a good faith effort to coordinate with the court and all opposing counsel to set the hearing at a time that is mutually convenient. The filing of the notice of hearing shall constitute a certification of compliance with this rule.
The list shall not be a limit upon the use of exhibits, and other exhibits may be added to the list before or during trial; a listed exhibit need not be offered.
Filing & Service rules
Electronic Filing Rules
The Clerk of the Court must not file documents received by fax unless a Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule.
Page 6 | Rule 6(b) — Filing of Documents Received By Facsimile Transmission
The Clerk may not file documents received by fax unless Supreme Court Rule authorizes it.
The Clerk of the Court shall not file documents received by facsimile transmission unless otherwise authorized by Supreme Court Rule
Filing Timing and Cure Windows
A summary judgment motion may not be heard until at least ten days after service of its notice.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Page 8 | Rule 9 — Motions
If the Clerk’s office is open, a complaint or petition seeking one of the listed ex parte orders must be filed there before applying to a judge.
Every complaint or petition seeking ex parte issuance of a temporary restraining order, an order for preliminary injunction, an order for appointment of a receiver or an order of ne exeat republica shall be filed in the office of the Clerk of the Circuit Court, if that office is open, before application is made to a judge for the order.
Page 8 | Rule 9 — Motions
Objections to an order to show cause must be filed at least 48 hours before the hearing unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16 — Orders to Show Cause
The responding party must file the affidavit at a pretrial conference or at least three days before a contested hearing.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
The moving party must file the affidavit at a pretrial conference, at least three days before a contested hearing, or when filing a petition for ex parte relief, unless the court orders otherwise.
Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
The moving party must file the affidavit before any hearing unless emergency relief is sought or the court directs otherwise for good cause.
Affidavit of Parties. In all matrimonial proceedings, including, but not limited to, petitions for attorney's fees, court costs, temporary maintenance or child support, permanent maintenance or child support and modification of any previous orders relating thereto, the moving party shall prepare and file an affidavit in substantially the form which is required by Administrative Order of the Chief Judge, prior to any hearing unless emergency relief is sought or unless, for good cause shown, the court directs otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
Financial affidavits and pre-mediation questionnaires must be filed with the clerk at least 7 days before the initial case management conference.
The parties shall also file financial affidavits and pre-mediation questionnaires with the clerk at least 7 days prior to the initial case management conference.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
Unless mediation ends earlier, the mediator must file a general progress report with the Circuit Clerk before the continued case management conference.
Unless mediation has sooner terminated, the mediator shall before the continued case management conference, file with the Circuit Clerk a report describing the progress of mediation in general terms.
Page 21 | Mediation
The mediator must transmit the agreement to the parties and attorneys of record; an intent to repudiate must be filed by the stated deadline, explain the requested repudiation, and be sent to the other party or their attorney.
(d) In the event an agreement is reached under the conditions of 1(a), 1(b), or 1(c), above, the agreement prepared by the mediator shall be transmitted to the parties and every attorney of record. Unless either side files an intent to repudiate the agreement before the Continued Case Management Conference (or within 10 days, if the Continued Case Management Conference is less than 10 days after the mediation), the agreement shall be presented for approval at the Continued Case Management Conference. Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | C. Conclusion of Private Mediation
After mediation concludes, the mediator must file the prescribed report with the Circuit Clerk, stating the termination date and reason and any issues resolved, but not why the parties could not agree.
2. After the conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, stating the date and reason for termination and specifying any issues on which agreement was reached. The report shall not specify reasons for the inability of the parties to reach agreement.
Page 22 | C. Conclusion of Private Mediation
The mediator must file the signed report within 14 days after the last day of mediation.
The report shall be signed by the mediator and filed in the court file of the case under mediation within 14 days after the last day of mediation.
Page 25 | Rule 23 — Civil Mediation Program
A written motion requesting permission to appear remotely must be filed at least 48 hours before the court date, excluding weekends and holidays.
Said written Motion shall be filed not less than 48 hours prior to the court date for which the permission is being requested, excluding weekends and holidays.
Page 34 | G. Requests to Appear Remotely When Approval is Required
The moving party must file the affidavit at the pretrial conference, at least three days before a contested hearing, or with an ex parte petition, and include proof of service unless the court orders otherwise.
The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
A summary judgment motion cannot be heard until at least ten days after service of the motion notice.
A motion for summary judgment shall not be heard sooner than ten days after service of the notice of motion pursuant to Supreme Court Rule 11.
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
The movant is responsible for securing a hearing; after 90 days in general cases or 30 days in criminal cases without a hearing, the court may set the motion and deny it for delay, and an opponent may set it.
The burden of securing a hearing on any motion is on the moving party. If any motion is not called for hearing within 90 days, and in criminal cases within 30 days, from the date of filing, the court may set the motion for hearing and, upon hearing, may enter an order overruling or denying the motion by reason of the delay. Nothing herein shall preclude an opponent from setting a motion not set by the movant.
Service and Proof of Service Rules
A copy of the written appearance must be served on all other parties who have appeared, using the method prescribed for serving copies of pleadings.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
Page 5 | Rule 5(a) — Written Appearances
The moving party must give written hearing notice to parties who have appeared and are not in default, and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
Page 7 | Rule 9 — Motions
Personal service of motion hearing notice must occur before 4:00 p.m. on the second court day before the hearing.
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion.
Page 8 | Rule 9 — Motions
When a motion is heard without prior notice, the attorney obtaining the order must serve the specified written hearing notice on parties not found in default.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead.
Page 8 | Rule 9 — Motions
Proof of service of the post-hearing notice must be filed with the Clerk within two days after the hearing.
Proof of service thereof shall be filed with the Clerk within two days after hearing.
Page 8 | Rule 9 — Motions
Objections to an order to show cause must be served on the other party at least 48 hours before the hearing unless the court orders otherwise.
Objections to the validity of an order to show cause shall be in writing and shall be filed and served upon the other party at least forty-eight (48) hours before the time of hearing, unless the court orders otherwise.
Page 11 | Rule 16 — Orders to Show Cause
Orders to show cause must be served on the respondent personally, by regular mail to a specified last-known address, or by another reasonable means.
(c) Service of Order. As provided by 750 ILCS 5/505 (a-5), orders to show cause shall be served either 1) by personal service upon the respondent or 2) by regular mail addressed to the respondent's last known address as determined from records of the clerk of the court, the federal case registry of child support orders or by any other reasonable means.
Page 11 | Rule 16 — Orders to Show Cause
The petitioner must prepare and serve the respondent with a notice substantially in the specified form.
The petitioner shall prepare and serve upon respondent a notice, substantially in the form
Page 12 | Rule 19 — Pre-Trial Conferences in Family Cases
The responding party's affidavit must include appropriate proof of service.
Response. The party responding to any such petition shall file an affidavit in substantially the same form at the time of any pretrial conference or at least three (3) days before a contested hearing, with appropriate proof of service.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
The moving party must provide proof of service for the affidavit pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Time for Filing. The moving party shall file such affidavit at the time of any pretrial conference, or at least three (3) days before a contested hearing or upon filing a petition for ex parte relief, with proof of service pursuant to Supreme Court Rule 12 unless the court orders otherwise.
Page 12 | Rule 17 — Affidavits in Matrimonial Cases
A copy of each required financial affidavit and settlement conference memorandum must be provided to the opposing party at least seven days before the settlement conference.
Each party must file a financial affidavit and settlement conference memorandum, substantially the form required by Administrative Order of the Chief Judge, with a copy to the opposing party, at least seven days before the settlement conference.
Page 13 | Rule 19(B)(2) — Requirements Prior to Settlement Conference
An intent to repudiate must be sent to the other party’s attorney or, if that party is unrepresented, to the party.
Any Intent to repudiate shall set forth the reasons for the requested repudiation and shall be sent to the other party's attorney (or to the party if the party is unrepresented).
Page 21 | C. Conclusion of Private Mediation
The mediator must serve a copy of the report on all parties.
A copy of said report shall be served by the mediator upon all parties.
Page 26 | Rule 23 — Civil Mediation Program
After a motion is heard without prior notice, the attorney obtaining the order must serve specified written notice on nondefaulting parties and file proof of service within two days.
If a motion is heard without prior notice under this rule, written notice of the hearing of the motion, showing the title and number of the action, the name of the judge who heard the motion, the date of hearing and the order of the court thereon, whether granted or denied, shall be served by the attorney obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead. Proof of service thereof shall be filed with the Clerk within two days after hearing. Notice shall be given in the manner and to the persons prescribed by Supreme Court Rule 11.
Personal service of motion hearing notice must be completed before 4:00 p.m. on the second court day before the hearing; mailed notice follows Supreme Court Rule 12(c).
If notice of hearing is given by personal service, the notice shall be delivered before 4:00 p.m. of the second court day preceding hearing on the motion. Notice given by mail is governed by Supreme Court Rule 12(c).
The moving party must give written hearing notice to appeared parties not in default and to parties whose time to appear has not expired.
Written notice of hearing of all motions shall be given to all parties who have appeared and have not theretofore been found by the court to be in default for failure to plead, and to all parties whose time to appear has not expired on the date of such notice, by the party seeking such hearing.
A copy of the written appearance must be served on all other parties who have appeared, using the prescribed method for service of pleading copies.
A copy thereof shall be served in the manner prescribed for service of copies of pleadings upon all other parties who have appeared.
A judge not regularly sitting in a county may hear a case there only with the Chief Judge’s approval or, alternatively, with approval from all parties and the county’s Resident Circuit Judge, notice to the Clerk, and mailed notices to all parties identifying the judge.
A judge shall not hear a case in a county where he is not regularly sitting without approval of the Chief Judge, unless all parties in such case and the Resident Circuit Judge in such county have approved, the Clerk of the Court is notified and notices are mailed to all parties designating the judge hearing the case.
Page 5 | Rule 3(c) — Notice
Motion hearing notice must be given in the manner and to the persons specified by Supreme Court Rule 11.
Notice shall be given in the manner and to the persons prescribed in Supreme Court Rule 11.
Page 7 | Rule 9 — Motions
The court may, in its discretion, hear emergency or legally ex parte motions without calling them for hearing.
Emergency motions and motions which by law may be made ex parte may, in the discretion of the court, be heard without calling the motion for hearing.
Filing Fees and Waivers
One appearance fee is due when an attorney enters a single appearance for multiple parties; separate appearances require separate fees, even if entered by the same counsel.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
Page 6 | Rule 5(c) — Appearance Fees
The appearance fee must be paid when the party first appears, by counsel or in person, and must accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
Page 6 | Rule 5(e) — Time of Payment
The Clerk will not file a document or pleading until the required fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
Page 7 | Rule 8 — Clerks of the Circuit Court
The Clerk must refuse a filing until the required filing fee is paid or waived under Supreme Court Rule 298.
The Clerk shall refuse to file any document or pleading until the requisite filing fee has been paid or such fee has been waived under Supreme Court Rule 298.
The appearance fee must be paid at the party’s first appearance and accompany the written appearance.
The appearance fee shall be paid when a party first appears by counsel or in person, and shall accompany a written appearance.
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of Section 2-1402 of the Code of Civil Procedure, 735 ILCS 5/2-1402, and Supreme Court Rule 277.
Page 6 | Rule 5(d) — Supplementary Proceedings
One appearance fee is due for a single appearance covering multiple parties; separate appearances require separate fees.
If an attorney enters a single appearance for more than one party in a case, he shall pay a single appearance fee. If separate appearances are entered for several parties, by either the same or different counsel, separate appearance fees shall be paid.
A person cited in the specified supplementary proceedings is not required to pay an appearance fee.
No appearance fee shall be required of a person cited in supplementary proceedings under the provisions of section 2-1402 of the Code of Civil Procedure, Illinois Revised Statutes chapter 110, section 2-1402 and Illinois Supreme Court Rule 277. , Illinois Revised Statutes chapter 110A, section 277.
No appearance fee is required when an attorney appears as local counsel and files the required written appearance.
When an attorney appears as local counsel and files the required written appearance, no appearance fee shall be required.
Sealing & Redaction Procedures
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
Page 17 | E. Prerequisites to Mediation; Disclosure of Impediments
The clerk must file and seal the original pre-mediation questionnaires and later send copies to the appointed mediator.
The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.
The judicial mediator may electronically record portions reciting an agreement, but must seal and exclusively retain those recordings and may destroy them.
2. The judicial mediator may electronically record those portions of a mediation in which any agreement of the parties is recited, but shall seal, exclusively retain and may destroy them.
Page 22 | ARTICLE III. JUDICIAL MEDIATION PROGRAM AND PROCEDURES; A. Confidentiality and Privilege
Adjournment & Extension Requirements
If either party is not ready for trial in a small claims case, the court must continue the case to an early date.
If either party is not ready for trial, the court shall continue the case to an early date.
Page 10 | Rule 15 — Small Claims
Additional continuances in small claims cases may not be granted without good cause.
Additional continuances shall not be granted without good cause shown.
Page 10 | Rule 15 — Small Claims
In small claims, the court must continue the case to an early date if either party is not ready; further continuances require good cause.
If either party is not ready for trial, the court shall continue the case to an early date. Additional continuances shall not be granted without good cause shown.
Chambers Communication Rules
Participants attending by phone may contact the applicable county Circuit Clerk’s Office for dial-in information.
If attending by phone only (without video), dial-in information can also be obtained by contacting the Circuit Clerk’s Office for the respective county.
Page 27 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Crawford County Circuit Clerk can be reached at 618-544-3512 for remote appearance information.
Crawford County Circuit Clerk Phone: 618-544-3512
Page 27 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Edwards County Circuit Clerk can be reached at 618-445-2016 for remote appearance information.
Edwards County Circuit Clerk Phone: 618-445-2016
Page 27 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Gallatin County Circuit Clerk can be reached at 618-269-3140 for remote appearance information.
Gallatin County Circuit Clerk Phone: 618-269-3140
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Wabash County Circuit Clerk can be reached at 618-262-5362 for remote appearance information.
Wabash County Circuit Clerk Phone: 618-262-5362
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Hardin County Circuit Clerk can be reached at 618-287-2200 for remote appearance information.
Hardin County Circuit Clerk Phone: 618-287-2200
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Wayne County Circuit Clerk can be reached at 618-842-7684 for remote appearance information.
Wayne County Circuit Clerk Phone: 618-842-7684
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Franklin County Circuit Clerk can be reached at 618-435-9800 for remote appearance information.
Franklin County Circuit Clerk Phone: 618-435-9800
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Hamilton County Circuit Clerk can be reached at 618-643-3224 for remote appearance information.
Hamilton County Circuit Clerk Phone: 618-643-3224
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The White County Circuit Clerk can be reached at 618-382-2321 for remote appearance information.
White County Circuit Clerk Phone: 618-382-2321
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Richland County Circuit Clerk can be reached at 618-392-2151 for remote appearance information.
Richland County Circuit Clerk Phone: 618-392-2151
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Lawrence County Circuit Clerk can be reached at 618-943-2815 for remote appearance information.
Lawrence County Circuit Clerk Phone: 618-943-2815
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO
The Jefferson County Circuit Clerk can be reached at 618-244-8008 for remote appearance information.
Jefferson County Circuit Clerk Phone: 618-244-8008
Page 28 | RULE 24. ATTENDING COURT REMOTELY BY PHONE OR VIDEO