11th Judicial Circuit Court, Livingston County, Illinois
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Affidavit of Income and Expenses
- Prior to Any Hearing
Adjournments
- To request more time, file a written motion before the due date, obtain a hearing date, and explain the reason for the request; the judge considers relevant factors including payment efforts and completion of other sentence requirements.
- If the defendant chooses not to waive physical presence, the case will be continued to a later date for an in-person appearance.
- A party may seek interim or emergency relief at any time, while mediation continues unless the court orders otherwise or the mediator decides to adjourn it pending the motion’s disposition.
- +4 more
Request must include
Communication
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Clerk
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Clerk
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Clerk
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Clerk
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Phone
Document Format Requirements18 rules
Tangible exhibits will require the proponent to be present in court. If that is not possible, stipulations and photographs may be useful substitutes by agreement.
Attorneys and litigants must use approved forms, which must be legible; first-generation forms are preferred, and acceptance or rejection remains within the presiding judge’s discretion.
Court's wording
Attorneys and litigants are directed to utilize forms approved by the Illinois Supreme Court, the 11th Judicial Circuit or the presiding judge. Forms must be legible; first generation forms are preferred as opposed to reproductions or other copies. It is within the presiding judge’s discretion to accept or reject any submitted form.
If a document exceeds the maximum size allowed, the filer shall file multiple documents, each under the maximum file size. Currently the maximum file size allowed for each document is 25 MB, with a total maximum size of all documents filed in one transaction at 50 MB.
All e-filed pleadings shall be formatted in accordance with the applicable Supreme Court rules governing formatting of document pleadings and must be in PDF format.
- File type
- Pleading
All e-filed signatures must comply with the Illinois Supreme Court Electronic Signature Standards (December 8, 2017) as amended and 5 ILCS 175/1 et seq.
Scanned documents which are upside down, blank, indecipherable or scanned at an insufficient resolution.
An e-filed document that conventionally requires an original signature must bear the authorizing attorney’s or party’s facsimile or typographical signature.
Court's wording
E-filed documents that require an original signature when conventionally filed shall bear a facsimile or typographical signature of the attorney or party authorizing such filing, (e.g. “/s/ John Doe, Attorney”), and shall be deemed to have been signed in-person by the individual identified.
Said exhibit file shall be in compliance with IL Supreme Court M.R. 18368 (January 22, 2016) and the IL Supreme Court Standards and Requirements for Electronic Filing the Record on Appeal (revised).
The court must use the specified Supreme Court Rule 291 and Rule 292 summons forms for the proceedings identified.
Court's wording
The form of summons set forth in Supreme Court Rule 291 for proceedings under the Administrative Review Act and the form of summons set forth in Supreme Court Rule 292 to review an order of the Illinois Workers’ Compensation Commission will be exclusively utilized by this court in such cases.
Transcripts and recordings shall be marked as exhibits pursuant to Eleventh Circuit Rule 10 (F).
Plaintiffs must use a foreclosure-specific summons form, although attorneys may generate substantially similar forms.
Court's wording
B. Summons: In all Residential Mortgage Foreclosure cases, plaintiffs shall use a Summons Form specifically tailored for those cases. Attorneys may generate forms for use in foreclosure mediation cases as long as they are substantially similar to the forms approved by the court.
When a defendant is sentenced to imprisonment in the Illinois Department of Corrections, the written order must substantially follow the current Conference of Chief Judges-approved form.
Court's wording
In all criminal cases, where a defendant is sentenced to imprisonment in the Illinois Department of Corrections, a written order shall be entered in substantially the same form as the most current version approved by the Conference of Chief Judges of the order entitled "Judgment--Sentence to Illinois Department of Corrections."
The Court should not allow an exhibit to be shown on Share Screen without permission.
Parties may submit unanticipated rebuttal evidence or impeachment during the hearing through the Share Screen feature.
For impeachment or rebuttal exhibits, the exhibit can be emailed to the appropriate participant or viewed in the Share Screen feature in Zoom.
Share Screen is recommended over Chat for sharing exhibits because Chat uploads are inaccessible to participants using Zoom on an iPad or smartphone.
Court's wording
For best practice, it should be noted that although the Chat feature does have upload capabilities, the uploaded items are only accessible by those on a computer, not by those using Zoom on an iPad or smartphone. Therefore, Share Screen is recommended over Chat for purposes of sharing exhibits during a hearing or trial.
The court may prescribe forms to be used for reports of a receiver.
The parties may generate forms for use in foreclosure mediation cases as long as they are substantially similar to the forms approved by the court.
Document Filing Requirements119 rules
You must print off the certificate of completion from your class and deliver the class? certificate to the Livingston County Circuit Clerk’s Office at the address below.
Instructions with how to access Zoom shall be provided to the participants with the notice.
The Deputy Circuit Clerk, Court or attorneys as directed by the Court shall provide notice to the participants by mail of the court proceeding, court date, time of hearing, and the Zoom meeting ID.
In advance of the Court proceedings, attorneys must obtain all signatures required and prepare all necessary paperwork.
The court will include this information with all notices for re-scheduled cases and parties must, per procedures, include it as an attachment to a summons to be served upon the defendant.
Written notice after a motion hearing without prior notice must identify the action, judge, hearing date, and whether the court granted or denied the motion.
- Document
- Written notice of hearing
Must include
- •Judge name
Court's wording
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, date of the hearing, and the order of the court thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead
The notice of hearing shall designate the judge, the title and case number of the action, the date and time the motion will be presented, and the nature of the motion.
- Document
- Notice of hearing
Must include
- •Case number
Incorrect caption, case number, case category, case type or filing county.
- Document
- Filing
Include
- •Case number
Failure to comply with further e-filing rules of the Supreme Court or this Court, or failure to comply with the Rules of Civil Procedure.
Each e-filed document, excluding exhibits, shall include the typed name, e-mail address, address and telephone number of the attorney filing such document. Attorneys shall also include their ARDC identification number. Self-represented parties must provide contact information and may provide their email address if they elect to receive email service.
Additionally, each e- filed pleading and document shall include the case title, case number and the nature of the filing.
- Document
- E-filed pleading or document
Must include
- •Case number
A party offering an exhibit at pretrial or trial must mark it with the exhibit number, case number, and identity of the offering party.
Court's wording
Exhibits to be offered to the Court at pre-trial or trial are to be marked by the party with the exhibit number, case number and indication of party offering the exhibit (e.g. plaintiff/petitioner, respondent/defendant, third-party defendant).
The original signed document that has been electronically filed shall be maintained and preserved as required by Illinois Supreme Court’s Electronic Filing Standards and Principles.
Exhibits that can be reproduced electronically in PDF format shall be included in any electronic exhibit index and file.
The Circuit Clerk or their designee shall create a separate exhibit index and file for any physical object offered as an exhibit which cannot be reproduced electronically.
At the conclusion of the hearing or trial, and as directed by the Court, the Circuit Clerk or their designee shall create an electronic exhibit index and file for each hearing, or trial, for all exhibits indicating the exhibit number, name or description of the exhibit (or title of the document), whether the exhibit was admitted, denied or reserved and date of the hearing.
A civil action seeking money damages must attach to the initial pleading the party's affidavit stating whether the damages sought exceed $50,000.
Court's wording
“Any civil action seeking money damages shall have attached to the initial pleading the party's affidavit that the total money damages sought does or does not exceed $50,000. If the damages sought do not exceed $50,000, this rule shall apply.”
The Clerk-issued summons in a forcible-detainer action must have the prescribed Notice to Defendant affixed to it.
Court's wording
The following "Notice to Defendant" shall be affixed to summons issued by the Clerk in actions for forcible detainer, to-wit: You are required to personally appear at the time and place specified in the above summons. If you fail to do so, judgment may be entered against you for the relief asked in the complaint filed in this cause.
The Clerk-issued summons in small-claims or arbitration money-damages actions must include the prescribed Notice to Defendants.
Court's wording
The following "Notice to Defendants" shall be included within the summons issued by the Clerk in actions for money damages styled as small claims (SC) or arbitration (AR): Service of this summons upon you requires that you or your attorney appear in person at the time and place specified in the summons and make your presence known to the Clerk of the Court, at which time you will be required to file a written Entry of Appearance, and pay the required fee. Your failure to respond to this summons in the manner prescribed above may result in a judgment being entered against you on the date set for your appearance in said summons, and said judgment will be for the amount claimed in the complaint and court costs.
Certification shall be filed with the clerk of the circuit court.
A recording of the deposition for use in evidence shall be filed as directed by the court.
A party filing a motion objecting to, enforcing, or addressing the sufficiency of a discovery response must attach and file all relevant discovery.
Court's wording
Whenever any party has objection to any requests, or seeks to enforce compliance with any request or otherwise addresses a motion to the sufficiency of a response, he shall attach to his motion and file with the Circuit Clerk, a copy of all relevant discovery in order that the court may properly consider the motion.
Counsel must file a compliance certification describing the documents filed in relation to the discovery request, and discovery documents filed with the clerk must comply with Supreme Court Rule 201 (m).
Court's wording
Proof of compliance with requests for discovery in all civil matters (including interrogatories, requests for production and requests to admit) shall be made by filing with the Circuit Clerk the certification of counsel showing that compliance has been accomplished. The certification shall include a description of the documents filed with reference to the request made. The filing of discovery documents with the Circuit Clerk shall be in accordance with Supreme Court Rule 201 (m).
Each side must provide the mediator a written case summary at least ten days before the conference, containing the required issues, facts, liability, damages, settlement information, and participant names.
Court's wording
At least ten (10) days before the conference, each side shall present to the mediator a brief, written summary of the case containing a list of issues as to each party. If the attorney filing the summary wishes its contents to remain confidential, she/he should advise the mediator in writing at the same time the summary is filed. The summary shall include the facts of the occurrence, opinions on liability, all damages and injury information, and any offers or demands regarding settlement. Names of all participants in the mediation shall be disclosed to the mediator in the summary prior to the session.
The motion shall set forth, in detail, the facts and circumstances supporting the motion.
The mediator must report a lack of agreement or termination to the court without comment or recommendation, using a form similar to Appendix G.
Court's wording
If the parties do not reach an agreement as to any matter as a result of mediation, or the mediation is terminated, the mediator shall report the lack of an agreement or termination to the court without comment or recommendation. The mediator shall report any Termination or No Agreement on a form similar to that in Appendix G.
If an agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any, at the conclusion of the mediation.
The report shall designate either full or partial agreement. This report shall be signed by the mediator and shall with filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.
Applicants seeking certification and appointment as arbitrators must file an approved application form and complete the required training seminar.
Court's wording
Illinois-licensed attorneys in good standing and retired judges shall be eligible for certification and appointment as arbitrators by filing an approved application form with the Administrative Assistant for Arbitration and completing the required arbitrator training seminar.
Three arbitrators shall constitute a panel unless the parties stipulate using the prescribed form to a two arbitrator panel.
An applicant requesting to be certified as a chairperson shall certify the number of years engaged in the active trial practice of law.
The summons shall state in upper case letters on the upper right-hand corner "THIS IS AN ARBITRATION CASE."
The summons must direct the plaintiff or representative and all defendants or representatives to appear at the designated time and place.
Court's wording
Upon the filing of a civil action subject to these rules, the Clerk of the Circuit Court shall set a return date for the summons not less than twenty-one (21) days or more than forty (40) days after filing, returnable before the Supervising Judge for Arbitration. The summons shall require the plaintiff or the representative of the plaintiff and all defendants or their representatives to appear at the time and place indicated.
The statements and affidavits of witnesses shall set forth the name, address and telephone number of the witness.
However, the stipulation may not be used for evidentiary and/or impeachment purposes in any subsequent hearing and the written stipulation shall so state.
At the start of the hearing, the attorneys must provide a brief written statement describing the case and stipulating all relevant facts on which the parties agree, including the listed details when applicable.
Court's wording
At the commencement of the hearing, the attorneys for the parties will provide a brief written statement of the nature of the case which shall include a stipulation as to all of the relevant facts to which the parties agree. The stipulation shall include, if applicable, relevant contract terms, dates, times, places, location of traffic control devices, year, make and model of automobiles and of other vehicles, equipment or goods and products which are involved in the litigation and other relevant and material facts.
The chairperson shall present the award to the Administrative Assistant for Arbitration who shall then file same with the Clerk of the Circuit Court.
Covered assignments and powers of attorney must be submitted to the presiding judge for filing approval by verified petition stating the assignor's and assignee's names and addresses, the interest's nature and value, and the applicable consideration, fees, and expenses.
Court's wording
Each assignment of, or power of attorney with respect to a distributee's interest in the estate of a decedent, or an interest in a judgment, or a distributee's interest in a partition suit, or funds on deposit or in the custody of the Clerk of the Court for other civil purpose, shall be presented to the presiding judge of the proper division of Court for approval of filing, by a verified petition. The petition for approval shall be verified and state: a. The names and addresses of the assignor and assignee; b. The nature and value of the interest involved; c. In the case of assignment, the consideration, if any, paid or to be paid the assignor, and the fees and expenses charged or to be charged in connection therewith; d. In the case of a power of attorney, the fees and expenses charged or to be charged by the attorney in fact and his agents or representatives.
An attorney for the receiver shall be employed only upon order of the court upon written motion of the receiver stating the reasons for the requested employment and naming the attorney to be employed.
The filed inventory must detail all real and personal estate property and identify what is in the receiver’s possession or control.
Court's wording
No later than thirty (30) days after his 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 possession or control.
A bond backed by a licensed corporate surety may be approved only if its current certified authority is on file and verified authority documents for every person authorized to execute bonds are attached.
Court's wording
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 clerk of the court, and verified power of attorney or certificates of authority for all persons authorized to execute bonds for the surety is attached to the bond.
Unless excused by the court sureties shall execute and file schedules of property in a form approved by the court.
The mediator and the parties must notify the Court that an agreement was reached, submit the agreed order, and if approved, the Court shall enter a judgment order on that agreement.
If an agreement is reached, it shall be reduced to writing and signed by the parties at the conclusion of the mediation.
C. Attachments to Summons: In all Residential Mortgage Foreclosure cases, Plaintiff shall attach to the Summons a Notice of Mandatory Mediation and a Foreclosure Mediation Program Initial Questionnaire.
When service is by publication, the plaintiff must file with the Circuit Clerk a publication affidavit containing the conference date.
Court's wording
When service is by publication plaintiff shall file a copy of the affidavit for Publication containing the date for the Pre-mediation Screening Conference with the Circuit Clerk so the Clerk can add the case to the Pre-mediation Screening calendar for the date selected.
Said date shall be inserted in the Residential Mortgage Foreclosure Summons.
A covered residential mortgage foreclosure complaint must clearly identify the case as subject to mediation.
Court's wording
In all McLean County cases where a complaint is filed to foreclose a residential real estate mortgage (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation
Once all information is received, Plaintiff’s counsel shall file a Certificate of Readiness to Engage in Mediation
If a loan modification is deemed feasible, defendants shall provide a completed modification packet and/or settlement offer to plaintiff’s counsel.
A motion for stay must explain why the case is not subject to mediation, include supporting documentation, be verified, and be presented to and approved by the supervising judge.
Court's wording
Any motion for stay must clearly state the reason that the case is not subject to the mediation process, must include supporting documentation, and must be verified pursuant to the Illinois Code of Civil Procedure (735 ILCS 5/1-109). The Motion must be presented to and approved by the Supervising Judge for Residential Mortgage Foreclosure Mediation.
Individuals expected to participate in mediation must complete and submit intake forms.
Court's wording
When a case is referred to mediation, the involved individuals shall be provided with a date and time for the initial mediation session. All individuals expected to participate in mediation sessions must complete intake forms and submit them.
Filing & Service rules
Electronic Filing Rules
The responsible attorney must email all documents to the Judge or electronically file them for the judge’s electronic inbox.
The responsible attorney will then email all documents to the Judge or electronically file them for placement in the judge’s electronic inbox.
Page 13 | Pleas/Judgments/Orders
Filings may not be made by fax or email unless the court grants leave.
No filing of any summons, petition, notice, motion or other document may be made in the Eleventh Judicial Circuit via facsimile (fax) or email absent leave of the court.
Page 6 | RULE 3 — FACSIMILE, EMAIL OR ELECTRONIC FILING EXCEPTIONS
Civil cases must be electronically filed, except Will Filing cases and cases filed by specified inmates.
All civil cases with the exception of WI (Will Filing) and cases filed by Illinois Department of Corrections (IDOC) inmates or inmates of a local county adult detention center, shall be electronically filed in accordance with the Illinois Supreme Court Electronic Filing Standards and Principles and Eleventh Judicial Circuit Rule 9.
Page 6 | RULE 3 — FACSIMILE, EMAIL OR ELECTRONIC FILING EXCEPTIONS
Documents must be e-filed unless a party or case type is exempt under the stated exceptions.
In all cases, except where the party has been granted an exemption under SCR 9 (c)(4) or where the case type is specifically exempted from this requirement by the Supreme Court or exempted by local court practice, all documents must be filed electronically (e-filed), and the following rules apply within the Eleventh Judicial Circuit:
Page 11 | Rule 9 — E-Filing Rules
A document requiring a statutory filing fee to achieve valid filing status must be e-filed in the same manner as any other e-filed document.
The e-filing of a document requiring payment of a statutory filing fee to the Clerk of the Court in order to achieve valid filing status shall be filed electronically in the same manner as any other e-filed document.
Page 12 | Rule 9(E)(1) — Collection of Fees
Summonses, notices, motions, and other documents may not be filed by facsimile, email, or other electronic transmission.
Filing of any summons, notice, motion or other document via facsimile, electronic mail or other electronic transmission methods is not allowed.
Page 14 | Rule 101 A.5
A party intending to offer evidence-deposition testimony must electronically file the transcript before final pre-trial or as directed by the court.
Any party intending to offer testimony by way of evidence deposition shall be responsible for e-filing the transcript prior to final pre-trial or as directed by the court.
Page 15 | A. Interrogatories and Depositions
Orders may be signed through the electronic filing system.
Judges may sign orders either through the electronic filing system or by having the attorneys or parties submit orders via email to the judge.
Page 11 | Drafting and Signing of Orders
Orders entered through the electronic filing system need not be printed and automatically appear in the court file.
Orders entered through the electronic filing system do not need to be printed and will automatically appear in the court file.
Page 11 | Drafting and Signing of Orders
The Court may authorize electronic filing for additional case types by written Administrative Order with the Director’s approval.
From time to time, with the approval of the Director of the Administrative Office of Illinois Courts, the Court may authorize, by written Administrative Order, additional types of cases to be processed via electronic filing.
Page 6 | RULE 3 — FACSIMILE, EMAIL OR ELECTRONIC FILING EXCEPTIONS
Demonstratives and referenced exhibits that were not otherwise offered may be filed as part of the electronic exhibit record.
Demonstratives and other exhibits referenced (but not otherwise offered) may be filed and made part of the electronic exhibit record in the same manner as described herein.
Page 13
Filing Timing and Cure Windows
The completion certificate must be on file with the Circuit Clerk before the due date.
It is your responsibility to make sure this certificate is on file with the Circuit Clerk prior to your due date.
Criminal cases
Page 1 | TRAFFIC SAFETY SCHOOL FREQUENTLY ASKED QUESTIONS
Impeachment and rebuttal exhibits must be filed after the hearing as directed by the court.
After the hearing, impeachment and rebuttal exhibits shall be filed as directed by the court.
Page 9 | Exhibits
Every motion must be filed with the Circuit Clerk, if the office is open, before a judge is asked to issue an order.
Every motion shall be filed in the office of the Circuit Clerk, if that office is open, before application to a judge for the order.
Page 9 | Rule 5 A. Motions and Notice Requirements
Proof of service for notice of a motion heard without prior 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 (2) days after the hearing.
Page 9 | Rule 5 A. Motions and Notice Requirements
In all other cases, the summons must require an appearance within 30 days after service.
In all other cases, a summons requiring appearance within 30 days after service as set forth in Supreme Court Rule 101(d) will be utilized by this court.
Page 14 | Rule 101 A.4
The transcript of an evidence deposition intended for use at trial must be filed before final pre-trial, unless the court directs otherwise.
Any party intending to offer testimony by way of evidence deposition shall be responsible for e-filing the transcript prior to final pre-trial or as directed by the court.
Page 15 | A. Interrogatories and Depositions
The party moving to defer must schedule the motion for hearing before the scheduled mediation date.
The moving party shall set the motion to defer for hearing prior to the scheduled date for mediation.
Page 16 | B. Scheduling of Mediation
The mediator’s report must be filed with the Circuit Clerk within 10 days of the last day of the mediation conference.
This report shall be signed by the mediator and shall with filed with the Circuit Clerk within ten (10) days of the last day of the mediation conference.
Page 18
For a judgment based on confession, clerks must not accept wage or non-wage garnishment affidavits or issue the specified summonses or third-party citations until the judgment is confirmed by court order after service of process; a citation directed to the judgment debtor may issue earlier.
In all civil cases where a judgment is based upon confession, the clerks of the Circuit Court of the Eleventh Judicial Circuit shall not accept an Affidavit for a Non-Wage Garnishment or an Affidavit for a Wage Garnishment and shall refuse to issue summons for such proceedings and said clerks shall likewise refuse to issue any Citation to discover assets which is directed to any third party until such judgment has been confirmed by order of court after service of process, however, a Citation to Discover Assets which is directed to the judgment debtor may be issued by the clerk prior to such judgment being confirmed.
Page 23 | RULE 106 — TRIAL AND POST TRIAL MATTERS, A. Enforcement of Confessed Judgments
The arbitration panel must render its decision and enter the award on the hearing date.
The panel shall render its decision and enter an award on the same day of the hearing.
Page 23 | K. Award and Judgment on Award (Supreme Court Rule 92)
After a judgment disposes of all pending matters, a post-judgment motion seeking the specified relief is stricken on the 90th day unless the movant files proof of notice of the hearing setting within 90 days after filing the motion.
Whenever the court has entered a judgment disposing of all pending matters in a case and there is filed any post-judgment motion seeking a new trial, judgment notwithstanding the finding, to vacate the judgment, for reconsideration of the judgment, or other like relief and movant has failed to file of record within ninety (90) days of filing the motion proof of notice of the setting of a hearing upon the motion, then the motion is stricken without further proceedings or notice on the 90th day.
Page 24 | RULE 106 — TRIAL AND POST TRIAL MATTERS, C. Post Trial Motions
The receiver must file a final report when the receivership ends.
a final report shall be filed upon the termination of the receivership.
Page 25 | RULE 108 F. Reports of Receivers
The receiver must file additional reports annually after the first report.
and additional reports annually thereafter.
Page 25 | RULE 108 F. Reports of Receivers
The receiver must file the first report when filing the inventory.
The receiver shall file his first report at the time of filing his inventory
Page 25 | RULE 108 F. Reports of Receivers
The receiver must file a detailed estate-property report and inventory within 30 days after appointment.
No later than thirty (30) days after his 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 possession or control.
Page 25 | RULE 108 D. Inventories of Receivers
From summons issuance until the mediator files a report, foreclosure proceedings and the defendant's obligation to answer are stayed, and motions may not be filed except those pertaining to mediation.
H. Stay of Foreclosure Proceedings: No further action to pursue the foreclosure can occur during the mediation timeline (which begins on the date the summons is issued and ends on the date the mediator files a report). The defendant’s obligation to answer the complaint and the court case are stayed for this period. No motions, except motions pertaining to mediation, can be filed during this time.
Page 29 | H. Stay of Foreclosure Proceedings
If an alias summons is needed, the plaintiff must select a new conference date 42 to 60 days after its issuance, and no court order is required to issue it.
E. Alias Summons: If an alias summon becomes necessary, the plaintiff shall select a new date for the pre-mediation screening conference at least 42 days and not more than 60 days from the issuance of the alias summons. No court order will be required for the issuance of the Alias Summons.
Page 29 | E. Alias Summons
The plaintiff must select the pre-mediation screening conference date and time from the court's list, at least 42 and no more than 60 days after summons issuance.
In all Residential Mortgage Foreclosure cases plaintiff shall select a date and time for the conference from a list of dates issued by the Circuit Court. The date shall be a least 42 days but no more than 60 days from the issuance of Summons.
Page 29 | D. Scheduling of Pre-mediation screening conference
For service by publication, the plaintiff must select a conference date from the court's list that is at least 42 and no more than 60 days after first publication.
If service is by publication, plaintiff shall pick a date from the Circuit Court list which is at least 42 days, but not more than 60 days from the date of first publication in a newspaper of general circulation in McLean County, Illinois.
Page 29 | D. Scheduling of Pre-mediation screening conference
After all information is received and the readiness certificate is filed, mediation must be scheduled within 45 days.
Once all information is received, Plaintiff’s counsel shall file a Certificate of Readiness to Engage in Mediation and mediation will be schedule within 45 days.
Page 30 | J. Pre-Mediation Conference Procedure
During mediation, motions may be filed only to seek a stay or termination of foreclosure proceedings for the listed grounds.
Motions which may be filed during the mediation process are those related to a stay or termination of foreclosure proceedings for the following reasons: 1. Active Duty Military Service (735 ILCS 5/15-1501.5) 2. Other objections to jurisdiction over the person (725 ICLS 5/15-1505.6) 3. Stay of proceedings by the US Bankruptcy Court under 11 U.S.C. § 362 (a) 4. Foreclosure of non-residential or commercial property (not eligible for the program)
Page 30 | H. Stay of Foreclosure Proceedings
The mediator report must be filed within five days after mediation is completed.
Each mediator shall file a copy of the mediator report with the court file and the Arbitration Administrator within five (5) days of completing mediation.
Page 37 | Rule 154(G)
Unless the Court orders otherwise, the first mediation conference must be held within 21 days of the mediation order.
Unless otherwise ordered by the Court, the first mediation conference shall be held within twenty-one (21) days of the Order for Mediation.
Page 37 | Rule 154(C)
If neither party has contacted the mediator to set an evaluation conference within 14 days of the mediation order, the mediator must notify the parties in writing of the mediation’s time, date, and location.
If both parties have not contacted the mediator to set an evaluation conference within fourteen (14) days of the Order for Mediation, the mediator shall notify the parties, in writing, of the time, date, and location of the mediation.
Page 37 | Rule 154(C)
The mediation referral form must be sent to the mediator within three days after entry of the mediation order.
A mediation referral form shall be sent to the mediator within three (3) days of the entry of the Order for Mediation, and shall be completed by counsel for the Petitioner or such other party as the Court directs.
Page 37 | Rule 154(B)
The annual mediation-program report must be submitted to the Supreme Court no later than March 1 of the following calendar year.
Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.
Page 37 | Mechanism for reporting to the Supreme Court on the mediation program
The State’s Attorney of the appropriate county must file the written order with the Circuit Clerk on the first business day following the proceeding.
which shall be filed with the Circuit Clerk by the State’s Attorney of the appropriate county on the first business day following the court proceeding.
Page 43 | Weekend/holiday bond court procedure
The county sheriff must make the documents available to the McLean County State’s Attorney or designee by 12:15 PM on the weekend or holiday bond-court date.
The Sheriff of said County shall make said documents available to the McLean County State’s Attorney, or their designee, by 12:15 PM on the date of the weekend/holiday bond court.
Page 46 | Rule 202(F)(2)
The appropriate county’s State’s Attorney must file the written order with the Circuit Clerk on the first business day following the proceeding.
The judge shall enter the findings on a written order, which shall be filed with the Circuit Clerk by the State’s Attorney of the appropriate county on the first business day following the proceeding.
Page 46 | Rule 202(F)(5)
The original speedy-trial demand must be filed with the Circuit Clerk when the demand is made and included in the Court file.
The original of the written demand for speedy trial shall be filed at the time of the demand with the Circuit Clerk and made a part of the Court file
Page 47 | RULE 204 DEMAND FOR SPEEDY TRIAL
The person to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with the subpoena, without personal appearance, by providing complete and legible copies to the Court together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.
The person to whom the subpoena is directed who has constructive or actual possession or control of the specified documents, objects or tangible things, may comply with the subpoena, without personal appearance, by providing complete and legible copies to the Court together with a certificate that compliance is complete and accurate on or before the return date listed on the subpoena.
Page 48 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
A copy of the insurance coverage is due to the Chief Judge on or before January 31 each year.
7. Insurance. All mediators shall maintain professional liability insurance which covers the mediation process. A copy of said insurance coverage shall be submitted to the Chief Judge of the Eleventh Judicial Circuit on or before January 31st of each year.
Page 63 | 7. Insurance
If the proponent has not set a hearing date by the 60th day after filing, another party may set the motion for hearing.
Parties other than the proponent of the motion may set the proponent’s motion for hearing if the proponent has not set a hearing date on the motion by the sixtieth (60th) day after the filing of the motion.
Page 10 | Rule 5 C. Failure to Call Motion to Hearing
The Court may strike a motion without notice if it is not called for hearing within 90 days after filing.
If any such motion is not called for hearing within ninety (90) days from the date it is filed, the court may strike the motion without notice.
Page 10 | Rule 5 C. Failure to Call Motion to Hearing
A party may file a motion to defer the proceeding within fourteen days of the referral order.
Within fourteen (14) days of the Order of Referral, any party may file a motion with the court to defer the proceeding.
Page 16 | B. Scheduling of Mediation
A party may move to dispense with mediation within fourteen days after referral if the issue was previously mediated between the same parties, presents only a question of law, or there is other good cause.
A party may move, within fourteen (14) days after the Order of Referral, to dispense with mediation if: a. The issue to be considered has been previously mediated between the same parties pursuant to General Order of the Eleventh Judicial Circuit; b. The issue presents a question of law only; c. Other good cause is shown.
Page 16 | B. Scheduling of Mediation
Mediation must be completed during the court session in which the mediator is appointed.
7. Completion of Mediation. Mediation shall be completed within the court session that the mediator is appointed.
Page 27 | 7. Completion of Mediation
Mediation must be scheduled in a timely fashion, with the goal of not extending the redemption period, and all parties must use best efforts not to delay proceedings.
L. Timing of Mediation: Mediation shall be scheduled in a timely fashion with a goal not to extend the period of redemption under the Illinois Mortgage Foreclosure Act. All parties shall use their best efforts to achieve a timely disposition and not delay the proceedings.
Page 30 | L. Timing of Mediation
Service and Proof of Service Rules
Parties shall send all exhibits to the Judge and opposing counsel, and to the Deputy Circuit Clerk if directed, in the manner the court directs before the hearing.
Parties shall send all exhibits, including documents, photographs, and videos, to the Judge, opposing counsel, and if directed, the Deputy Circuit Clerk, in the manner directed by the court in advance of the hearing.
Page 9 | Exhibits
The Circuit Clerk must provide the defendant with a copy of all orders and file a certificate of service.
The Circuit Clerk shall provide a copy of all orders to the defendant and file a certificate of service.
Page 14 | Pleas/Judgments/Orders
A request to appear remotely must be sent to the other party or their attorney at least three business days before the proceeding.
Any said request shall be sent to the other party or attorney for a party in the case. Said request must be made at least three business days prior to the court proceeding.
Page 4 | E. How to request a remote proceeding
When a motion is heard without prior notice, the party obtaining the order must serve written hearing notice on parties not found in default and follow Supreme Court Rule 11.
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, date of the hearing, and the order of the court thereof, whether granted or denied, shall be served by the party obtaining the order upon all parties not theretofore found by the court to be in default for failure to plead and proof of service thereof shall be filed with the clerk within two (2) days after the hearing. Notice shall be given in the manner and to the persons described in Supreme Court Rule 11.
Page 9 | Rule 5 A. Motions and Notice Requirements
The party requesting a motion hearing must notify all other parties; notice for motions made within a court day of trial is as directed by the Court, and other notices follow Supreme Court Rule 11.
Written notice of the hearing of all motions shall be given by the party requesting the hearing to all other parties. Notice of motion made within a court day of trial shall be given as directed by the Court. Notice for all other motions shall be given in the manner described in Supreme Court Rule 11.
Page 10 | Rule 5 B. Notice of Hearing of Motion
The hearing notice must be served with copies of the written motion and accompanying papers, or a statement that they were previously served.
A copy of any written motion and of all papers presented therewith or a statement that they previously have been served shall be served with the notice.
Page 10 | Rule 5 B. Notice of Hearing of Motion
Orders presented for entry must demonstrate proof of service on all opposing parties in compliance with Supreme Court Rule 11.
All orders presented to the court for entry shall demonstrate proof of service upon all opposing parties in compliance with Supreme Court Rule 11.
Page 10 | Rule 5 E. Written Orders
A motion hearing generally cannot be scheduled less than two court days after effective service, unless the Court allows it.
No motion, unless allowed within the discretion of the Court, may be scheduled for hearing less than two (2) court days after the effective date of service as described in Supreme Court Rule 12.
Page 10 | Rule 5 B. Notice of Hearing of Motion
Electronic service and its proof must comply with Supreme Court Rule 12; service is complete at the vendor’s posted transmission time, but response time is computed from service on the first following court day.
Electronic service shall be made and proof of service e-filed in accordance with Supreme Court Rule 12 and shall be deemed complete at the posted date and time of transmission listed by the e-service vendor. However, for the purpose of computing time for any party to respond, any document electronically served is deemed to be served on the first court day following transmission. 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 12 | Rule 9(D)(3) — Electronic Service, Courtesy Copies and Filing Proof of Service
Documents requiring personal service to confer jurisdiction may not be served electronically and must be served conventionally.
Electronic service is not capable of conferring jurisdiction. Any documents that require personal service to confer jurisdiction as a matter of law may not be served electronically and must be served in the conventional manner.
Page 12 | Rule 9(D)(1) — Electronic Service, Courtesy Copies and Filing Proof of Service
The filing party or attorney is responsible for completing electronic service.
The filing party or attorney shall be responsible for completing electronic service.
Page 12 | Rule 9(D)(2) — Electronic Service, Courtesy Copies and Filing Proof of Service
A registered e-filer must notify the Clerk, e-filing vendor, and other parties as soon as practicable and no later than 10 business days after a change in firm name, delivery address, or email address.
Anyone registered to e-file must notify the Clerk, the e-filing vendor and the other parties as soon as practicable, but not later than 10 business days after a change of firm name, delivery address, or e-mail address.
Page 12 | Rule 9(D)(4) — Electronic Service, Courtesy Copies and Filing Proof of Service
Counsel must certify proof of service of a discovery request, briefly describe the request, and provide proof of service on the directed party.
Proof of service of the aforesaid request for discovery shall be made by certification of counsel briefly describing the request made, together with proof of service on the party to whom they were directed.
Page 15 | A. Interrogatories and Depositions
Discovery requests must be served on the directed parties, and a copy must not be filed with the Circuit Clerk.
In all civil matters an original request for discovery (including interrogatories, requests for production and requests to admit) shall be made by serving such request upon the party or parties upon whom they are directed. A copy of the request shall not be filed with the Circuit Clerk.
Page 15 | A. Interrogatories and Depositions
Notice of the motion hearing must be provided to all interested parties, including any appointed mediator.
Notice of the hearing shall be provided to all interested parties, including any mediator who has been appointed.
Page 16 | B. Scheduling of Mediation
The motion and hearing notice must be served on all other parties in the same manner as other motions, and a copy must also be served on the Administrative Assistant for Arbitration.
Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration.
Page 21 | G. Scheduling of Hearings (Supreme Court Rule 88)
If a defendant has not been served within 90 days after filing, the Court may dismiss the case as to that unserved defendant for lack of diligence.
If one or more defendants have not been served within ninety (90) days from the date of filing, the Court may in its discretion dismiss the case as to unserved defendants for lack of diligence.
Page 21 | G. Scheduling of Hearings (Supreme Court Rule 88)
The Clerk of the Circuit Court must serve notice of the award on each party who has filed an appearance.
The Clerk of the Circuit Court shall serve a notice of the award upon all parties who have filed an appearance.
Page 23 | K. Award and Judgment on Award (Supreme Court Rule 92)
If a mediator requests that a second lienholder be invited, plaintiff's counsel must notify the other lienholders.
To the extent the mediators request that a 2nd lienholder be invited to attend, the plaintiff’s counsel shall provide such notice to any other lienholders.
Page 29 | G. Second Lienholders – Right to Participate
The party who requests and schedules mediation must notify all other parties of the scheduled date.
The party requesting and scheduling said date must provide notice of any scheduled date to all other parties to the action.
Page 29 | F. Counterclaims to Foreclose a Mortgage
Plaintiff's counsel must provide defendant's counsel a completed Plaintiff's questionnaire within 30 days after filing the Certificate.
In addition, Plaintiff’s counsel shall provide Defendant’s counsel with a completed Plaintiff’s questionnaire within 30 days of filing the Certificate.
Page 30 | J. Pre-Mediation Conference Procedure
Plaintiff's counsel must provide defendant's counsel an itemized list of missing information within 14 days after service of the packet.
Plaintiff’s counsel shall provide to defendant’s counsel an itemized list of any missing information within 14 days of the packet being served.
Page 30 | J. Pre-Mediation Conference Procedure
If any mediation parties are absent when the date is reset, plaintiff's counsel must promptly notify those parties of the new date.
provided, however, if all parties to the mediation are not in attendance, the plaintiff’s counsel shall provide prompt notice of such rescheduled date to all parties not in attendance.
Page 30 | I. Hold Status
Mediators must not be served with a subpoena or called as witnesses in connection with mediation sessions.
The content of all mediation sessions shall be confidential and the mediator(s) shall not be served with a subpoena or called as a witness.
Page 37 | Rule 154(E)
A copy of the speedy-trial demand must be served on the State's Attorney, and proof of service must be made part of the Court file.
and a copy of such demand shall be served upon the State's Attorney, with proof of service made a part of the Court file.
Page 47 | RULE 204 DEMAND FOR SPEEDY TRIAL
The requesting party must secure a return date with the presiding judge during normal Court session and serve all parties, under the Rules, with a notice of hearing stating that date.
Subpoenas shall be returnable to the judge assigned to the case at a time that the Court is normally in session. It shall be the responsibility of the party requesting the subpoena to secure a return date with the judge presiding over the case. A notice of hearing indicating the return date shall be served by the party requesting the subpoena in accordance with these Rules on all parties to the case.
Page 47 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
A copy of the subpoena and notice of service must be mailed first class to all parties who have appeared within 48 hours of issuance.
and a copy of the subpoena and notice of service shall be mailed first class within forty-eight (48) hours of issuance to all parties having appeared in the case:
Page 48 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
When subpoenaed items are protected by HIPAA privacy rules, the requesting party must notify the holder of the privacy privilege of the subpoena’s issuance and provide a copy showing the return date.
In cases where the documents, objects or tangible things sought are protected under the privacy rules of the Federal Health Insurance Portability and Accountability Act (HIPAA), the party seeking the items shall also give notice of the issuance of the subpoena, including a copy of the subpoena including the return date, to the person who holds the privacy privilege to the documents, objects or tangible things involved.
Page 48 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
Subpoenas issued under this Rule must be served in accordance with the Supreme Court Rules.
Subpoenas issued pursuant to this Rule shall be served in accordance with Supreme Court Rules.
Page 48 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
Service by mail may be proved prima facie with the specified certified- or registered-mail return receipt and affidavit, including proof of delivery at least 14 days before compliance is due and that the fee and mileage payment was enclosed.
Service of a subpoena by mail may be proved prima facie by return receipt showing delivery to the deponent or his/her authorized agent by certified or registered mail at least 14 days before the date on which compliance is required, together with an affidavit showing the mailing was prepaid and was addressed to the deponent, restricted delivery, return receipt requested, showing to whom, date and address of delivery, and that a check or money order for the fee and mileage was enclosed.
Page 48 | RULE 206 PROCEDURES FOR ISSUANCE OF SUBPOENA DUCES TECUM
After final review, a copy of the memorandum of understanding must be sent to each participant and their attorney.
Upon final review, a copy of this memorandum shall then be sent to each participant and each respective attorney.
Page 65 | 19.B. Reporting Procedure
The form’s proof of service certifies service by mail to the recipients’ addresses of record or by email to a service contact listed in the electronic filing.
The undersigned certifies that a true and correct copy of the foregoing instrument was mailed to the above- named persons at their address of record by placing the same in a U.S. Post Office Mail Box in Bloomington, Illinois, on______________, 2020 or via email as indicated as a service contact on your electronic filing.
Page 37 | Appendix/Forms
Documents that do not require personal service to confer jurisdiction may be served electronically on the other parties or their representatives.
All other documents may be served upon the other parties or their representatives electronically.
Page 12 | Rule 9(D)(2) — Electronic Service, Courtesy Copies and Filing Proof of Service
The parties may agree to deliver tangible exhibits to the Deputy Circuit Clerk for preservation of the record.
The parties may also agree to deliver tangible exhibits to the Deputy Circuit Clerk for preservation of the record.
Page 9 | Exhibits
If the defendant has an email address, the Circuit Clerk may send all orders to the defendant by email.
If the defendant has an email address, the Circuit Clerk may forward all orders to the defendant via email.
Page 14 | Pleas/Judgments/Orders
In order to provide for the orderly disposition of sentencing hearings, the Adult Probation Department of each county of the Circuit is hereby authorized to send by regular mail, postage prepaid, a copy of the pre-sentence report to the defendant's attorney, considering the time schedule as set forth in 750 ILCS 5/5-3-4.
In order to provide for the orderly disposition of sentencing hearings, the Adult Probation Department of each county of the Circuit is hereby authorized to send by regular mail, postage prepaid, a copy of the pre-sentence report to the defendant's attorney, considering the time schedule as set forth in 750 ILCS 5/5-3-4.
Page 49 | RULE 208 PRE-SENTENCE REPORTS
Filing Fees and Waivers
A filing may be rejected if the required filing or appearance fee is missing or incorrect, unless the proper court-fee-waiver application is filed.
Filing or appearance fee has not been paid or is submitted with an insufficient or incorrect amount. Filing fees may be waived only upon the filing of the proper application for waiver of court fees. Failure to include the appropriate fee or application for waiver will result in rejection of filing.
Page 11 | Rule 9(B)(1) — Rejection of e-filing
If an electronic filing includes an application for waiver of court fees, payment of the requisite fees is stayed until the court rules on the application.
When the electronic filing includes an application for waiver of court fees, payment of the requisite fees shall be stayed until the court rules on the waiver application.
Page 12 | Rule 9(E)(3) — Collection of Fees
A defendant or their attorney must pay the required fee when filing the written Entry of Appearance in the specified small-claims or arbitration proceedings.
Service of this summons upon you requires that you or your attorney appear in person at the time and place specified in the summons and make your presence known to the Clerk of the Court, at which time you will be required to file a written Entry of Appearance, and pay the required fee.
Page 14 | Rule 101 A.1
A. Filing fee/Complaint: In all McLean County cases where a complaint is filed to foreclose a residential real estate mortgage (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation and the Circuit Clerk shall charge an additional $25.00 filing fee to defray the cost of the Mandatory Residential Mortgage Foreclosure Mediation Program. The filing fee may be refunded by order of the Court pursuant to Section H of this Rule. The fees collected shall be forwarded to the McLean County Treasurer and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Eleventh Judicial Circuit.
A. Filing fee/Complaint: In all McLean County cases where a complaint is filed to foreclose a residential real estate mortgage (as defined in 735 ILCS 5/15-1203, 15-1207, and 15-1219), the complaint shall clearly designate that the case is subject to mediation and the Circuit Clerk shall charge an additional $25.00 filing fee to defray the cost of the Mandatory Residential Mortgage Foreclosure Mediation Program. The filing fee may be refunded by order of the Court pursuant to Section H of this Rule. The fees collected shall be forwarded to the McLean County Treasurer and maintained in a separate fund subject to disbursement on order of the Chief Judge of the Eleventh Judicial Circuit.
Page 29 | A. Filing fee/Complaint
A counterclaim to foreclose a mortgage must pay the additional $25 filing fee.
F. Counterclaims to Foreclose a Mortgage: Where the complaint to foreclose a mortgage takes the form of a Counterclaim (i.e. the original complaint is a mechanics lien), any counterclaims to foreclose a mortgage must pay the extra $25 filing fee.
Page 29 | F. Counterclaims to Foreclose a Mortgage
Copies of documents or certifications must be available to a requesting party at reasonable cost, including applicable fees set by 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 12 | Rule 9(D)(5) — Electronic Service, Courtesy Copies and Filing Proof of Service
E-filing vendor service fees are charged in addition to statutory filing fees and belong to the vendor.
Fees charged by the e-filing vendor to the registered user for vendor services are solely the property of the vendor and are in addition to any statutory fee associated with statutory filing fees.
Page 12 | Rule 9(E)(2) — Collection of Fees
Counties must comply with Supreme Court Rule 298 when applying waivers of fees, fines, or other financial obligations.
All counties shall comply with Supreme Court Rule 298 for the application of the waiver of such fees, fines or other financial obligation.
Page 58 | RULE 308 — FINES, FEES, SURCHARGES, COSTS AND RESTITUTION
Counties must maintain schedules of collected fees, fines, and surcharges, and make them available from the Circuit Clerk’s office.
All counties within the Eleventh Judicial Circuit shall maintain a schedule of the various fees, fines and surcharges collected within the County, and where appropriate, the County Board or Court shall from time to time amend those fees. A schedule of such fines, fees and surcharges, including fees charged for services by the Court Services office or various testing fees, shall be available from each Circuit Clerk’s office.
Page 58 | RULE 308 — FINES, FEES, SURCHARGES, COSTS AND RESTITUTION
Pro se small-claims litigants must be offered mediation at the first return date, and the respondent’s appearance fee is waived if the parties agree to mediate and settle at the first appearance.
All pro se small claims litigants shall be given the opportunity to participate in mediation at the first return date. Mediation may occur at any time during the small claims process; however, if the parties agree to participate in mediation at the first appearance and the case is settled at that time, the respondent’s appearance fee will be waived.
Page 26 | RULE 109 C. Scheduling of mediation
Courtesy Copy Requirements
Affidavits of income and expenses must not be filed with the Circuit Clerk; parties must provide a courtesy copy to the assigned judge before any hearing.
The Affidavits of Income and Expenses shall not be filed with the Circuit Clerk, but parties shall provide a courtesy copy to the judge assigned to the case prior to any hearing.
Page 39 | Affidavit of Income and Expenses
Sealing & Redaction Procedures
Exhibits containing information covered by the cited rules or otherwise specified by statute, rule, or court direction must be assigned an appropriate public, impounded, confidential, or sealed status by court order.
Exhibits which contain confidential information as defined by SCR 15, SCR 138 or SCR 364, those exhibits specified by Illinois Statute or Rule, or as otherwise directed by the Court, shall be either ordered to be public, impounded, confidential or ordered sealed.
Page 12 | Rule 9(F)(2) — Exhibits
Mediation coordinator and mediator documents must be kept confidential and maintained separately for the judge, except for official reports to the court; they are not official court records.
All documents used by the mediation coordinator and the mediator, except for official reports to the court regarding the results of the mediation or pre- mediation conference, are to be kept confidential and will be maintained in a separate place for the use of the judge. They are not official court records.
Page 31 | N. Documents to Remain Confidential
Financial documents, bank records, and income-and-expense affidavits admitted as exhibits must be filed under Supreme Court Rule 138 and are considered impounded unless the court orders otherwise.
Any financial document, bank record or affidavit of income and expenses offered and received as an exhibit shall be filed in accordance with Supreme Court Rule 138, and shall be considered impounded, unless the court orders otherwise.
Page 39 | Affidavit of Income and Expenses
Materials provided to counsel or parties must omit jurors’ home addresses and dates of birth, but may disclose their city of residence and year of birth.
Juror home addresses and dates of birth shall not be included in materials provided to counsel or parties. Disclosure of city of residence and year of birth is allowed.
Page 56 | RULE 305 — JURORS, D.3
All collected juror information is impounded unless the court orders otherwise.
All information collected is considered impounded unless ordered otherwise.
Page 56 | RULE 305 — JURORS, D.3
Juror questionnaires and qualification forms must not require Social Security numbers.
Social Security numbers shall not be required on the juror questionnaire or qualification form.
Page 56 | RULE 305 — JURORS, D.3
Filing Bundling Requirements
Incorrectly bundled filings will be rejected, and filings involving wage garnishments, citations, wage-deduction summonses, and related affidavits and notices must be separate documents.
Documents incorrectly bundled as one filing. Filings including wage garnishment, citations, wage deductions summons and related affidavits and notices must be separate documents.
Page 11 | Rule 9(B)(3) — Rejection of e-filing
Adjournment & Extension Requirements
Mediation must be completed within seven weeks of the first conference unless the court orders or the parties stipulate to an extension.
Mediation shall be completed within seven (7) weeks of the first mediation conference unless extended by order of the court or by stipulation of the parties.
Page 18
A party may seek to advance or postpone an arbitration hearing by written motion, stating a concise reason; the Supervising Judge may grant the request upon good cause shown.
Any party to a case may request advancement or postponement of a scheduled arbitration hearing date by filing written motion with the office of the Circuit Clerk requesting such change. Such motion and notice of hearing thereon shall be served upon all other parties in the same manner as other motions and a copy of the motion and notice of time of hearing thereon shall likewise be served upon the Administrative Assistant for Arbitration. The motion shall be set for hearing on the calendar of the Supervising Judge for Arbitration and contain a concise statement of the reason for the change of hearing date. The Supervising Judge may grant such advancement or postponement upon good cause shown.
Page 21 | G. Scheduling of Hearings (Supreme Court Rule 88)
To request more time, file a written motion before the due date, obtain a hearing date, and explain the reason for the request; the judge considers relevant factors including payment efforts and completion of other sentence requirements.
1. Prior to your due date, you may file a written motion in your case requesting that need more time to pay the court allow an extension of your due date. A form for this motion may be (or to complete any obtained from the Livingston County Circuit Clerk’s Office at no cost to you. part of my sentence)? 2. Once you file that motion for extension, you must obtain a hearing date to appear before the judge and explain the reason for your extension request. 3. At the hearing, the judge will consider all relevant factors including whether you have made good faith efforts to pay what you owe as well as whether you have completed other aspects of your sentence (such as community service work or evaluations and treatment, if ordered in your case).
Page 1 | What should I do if I need more time to pay (or to complete any part of my sentence)?
If the defendant chooses not to waive physical presence, the case will be continued to a later date for an in-person appearance.
7. I hereby state that no one has forced me to waive my right to be physically present in the courtroom. I am aware that if I so choose, my case will be continued to a later date at which time I would again be given the opportunity to appear in person; my waiver of my right to be physically present is made with that knowledge.
Page 36 | WAIVER OF RIGHT TO BE PHYSICALLY PRESENT IN COURT
The mediator may adjourn a conference at any time and set its reconvening time; parties present at the adjourned conference need no further notification.
The mediator may adjourn the mediation conference at any time and may set times for reconvening the adjourned conference notwithstanding Section Nine (9) of this Rule. No further notification is required for parties present at the adjourned conference.
Page 17
A party may seek interim or emergency relief at any time, while mediation continues unless the court orders otherwise or the mediator decides to adjourn it pending the motion’s disposition.
A party may apply to the court for interim or emergency relief at any time. Mediation shall continue while such a motion is pending absent a contrary order of the court or a decision of the mediator to adjourn pending disposition of the motion.
Page 17
When a plaintiff lender places a file on hold, it may ask the mediator to reset mediation to a future date, which may be more than 30 days away.
I. Hold Status: In the event a plaintiff lender places a file on “hold”, it may ask the mediator to reset the mediation to a future date which may be greater than 30 days, provided, however, if all parties to the mediation are not in attendance, the plaintiff’s counsel shall provide prompt notice of such rescheduled date to all parties not in attendance.
Page 30 | I. Hold Status
Chambers Communication Rules
A party seeking remote appearance at a future proceeding otherwise scheduled in person must request it in writing or in person; email may count as writing only if allowed.
1. Parties who wish to appear remotely for a future court appearance where the proceeding is otherwise scheduled to be in-person shall make such request to the Court in writing or in- person. The requirement of “in writing” may include email correspondence if allowed by the
Page 8 | E. How to request a remote proceeding
If the parties do not agree on a mediator within 14 days of the referral order, the plaintiff’s attorney or another agreed attorney must notify the court within 7 days after that period expires.
If the parties cannot agree upon a mediator within fourteen (14) days of the Order of Referral, the plaintiff's attorney (or another attorney agreed upon by all attorneys) shall so notify the court within seven (7) days of the expiration of the period to agree on a mediator, and the court shall appoint a certified mediator selected by rotation or by such other procedures as may be adopted by administrative order of the Chief Judge.
Page 17
Plaintiff’s counsel must confer with all other parties about the estimated presentation time and advise the Administrative Assistant for Arbitration at least 14 days before the hearing if additional time is anticipated, including the amount of time needed.
It shall be the responsibility of counsel for the plaintiff to confer with counsel for all other parties to obtain an approximation of the length of time required for presentation of the case and advise the Administrative Assistant for Arbitration at least fourteen (14) days in advance of the hearing date in the event additional hearing time is anticipated and the length of such additional time.
Page 21 | G. Scheduling of Hearings (Supreme Court Rule 88)
A party needing an interpreter or other assistance for deaf or hearing-impaired access during the hearing must notify the Administrative Assistant for Arbitration at least 7 days before the hearing.
Pursuant to the Illinois Supreme Court Language Access Policy any party requiring the services of a language interpreter or the services of an American Sign Language interpreter or other assistance for the deaf or hearing impaired during the hearing shall notify the Administrative Assistant for Arbitration of said need not less than seven (7) days prior to the hearing.
Page 22 | I. Conduct of the Hearings (Supreme Court Rule 90)
Press members seeking to observe a virtual proceeding must contact the Media Coordinator, who will provide Zoom meeting information to credentialed press members.
Members of the press who wish to observe virtual proceedings must contact the Media Coordinator for the Eleventh Judicial Circuit. The Media Coordinator will provide credentialed members of the press with Zoom meeting information.
Page 7 | Public and Press Access
Members of the public seeking to attend must notify the presiding judge’s office within 48 hours of the hearing; access remains within the assigned judge’s discretion.
Other members of the public who wish to be present shall communicate their desire to be present to the presiding judge’s office within forty-eight hours of the scheduled hearing. It will be within the discretion of the assigned judge to arrange for access.
Page 7 | Public and Press Access
Counsel should not carbon copy their clients on emails sent to the judge.
Counsel should not carbon copy their clients on emails sent to the judge.
Page 11 | Drafting and Signing of Orders
For a defendant placed on a continuing order, the judge should direct the defendant to call court services as soon after the hearing as possible.
If the defendant is placed on a continuing order, the judge should direct the defendant to contact court services by telephone as soon after the hearing as possible.
Page 14 | Pleas/Judgments/Orders
To request a remote appearance, contact your attorney or call the Court using the number for your courtroom.
If you would like to request to appear remotely, start by contacting your attorney or the Court at 815/844/5173 for Courtroom 1, 815/844/5172 for Courtroom 2, or 815/844/5171 for Courtroom 3.
Page 1 | HOW TO APPEAR FOR YOUR HEARING REMOTELY (without coming to Court)—PLEASE READ CAREFULLY
If you experience technical difficulties, including if the meeting link will not work, please contact the Court at 815/844/5173 for Courtroom 1, 815/844/5172 for Courtroom 2, or 815/844/5171 for Courtroom 3.
If you experience technical difficulties, including if the meeting link will not work, please contact the Court at 815/844/5173 for Courtroom 1, 815/844/5172 for Courtroom 2, or 815/844/5171 for Courtroom 3.
Page 1 | HOW TO APPEAR FOR YOUR HEARING REMOTELY (without coming to Court)—PLEASE READ CAREFULLY
Plaintiff’s counsel must immediately notify the Administrative Assistant for Arbitration in writing of any settlement or dismissal; failure to do so may result in sanctions.
Counsel for plaintiff shall give immediate notification in writing to the Administrative Assistant for Arbitration of any settlement of cases or dismissal. Failure to do so may result in the imposition of sanctions.
Page 21 | G. Scheduling of Hearings (Supreme Court Rule 88)
A party requesting a foreign-language interpreter must be provided one at no cost; the request should be submitted to the Trial Court Administrator in advance of the conference or hearing.
Any party who requests a foreign language interpreter shall be provided one without cost. Said requests should be submitted to the Trial Court Administrator in advance of any pre-mediation conference or mediation hearing so that an interpreter may be obtained prior to the commencement of the conference or hearing.
Page 31 | Q. Provision of Foreign Language Interpreter
Call the Circuit Clerk’s Office to find out how much you owe.
3. Call the Livingston County Circuit Clerk’s Office at (815) 844-2602.
Page 1 | How do I find out how much I owe?
Contact the Circuit Clerk’s Office by phone with questions about the due date.
If you have any questions about your due date, contact the Livingston County Circuit Clerk’s Office at (815) 844-2602.
Criminal cases
Page 1 | TRAFFIC SAFETY SCHOOL FREQUENTLY ASKED QUESTIONS
Attorneys or parties may submit orders to the judge by email.
Judges may sign orders either through the electronic filing system or by having the attorneys or parties submit orders via email to the judge.
Page 11 | Drafting and Signing of Orders
The Woodford County Circuit Clerk’s office can be contacted at 309-467-3312 for remote proceeding information and assistance.
e. Woodford County Circuit Clerk 309-467-3312
Page 2 | C. Where to find information and assistance for remote proceedings
The Ford County Circuit Clerk’s office can be contacted at 217-379-9420 for remote proceeding information and assistance.
a. Ford County Circuit Clerk 217-379-9420
Page 2 | C. Where to find information and assistance for remote proceedings
The McLean County Circuit Clerk’s office can be contacted at 309-888-5301 for remote proceeding information and assistance.
d. McLean County Circuit Clerk 309-888-5301
Page 2 | C. Where to find information and assistance for remote proceedings
For remote proceeding information and assistance in the listed counties, contact the office of the judge assigned to the case or the Circuit Clerk’s office.
In Ford, Livingston, Logan, McLean and Woodford Counties, contact the office of the judge assigned to the case or the Circuit Clerk’s office:
Page 2 | C. Where to find information and assistance for remote proceedings
The Livingston County Circuit Clerk’s office can be contacted at 815-844-2006 for remote proceeding information and assistance.
b. Livingston County Circuit Clerk 815-844-2006
Page 2 | C. Where to find information and assistance for remote proceedings
The Logan County Circuit Clerk’s office can be contacted at 217-735-2376 for remote proceeding information and assistance.
c. Logan County Circuit Clerk 217-735-2376
Page 2 | C. Where to find information and assistance for remote proceedings
For remote-proceeding information and assistance in the listed counties, contact the office of the judge assigned to the case.
1. In Ford, Livingston, Logan, McLean and Woodford Counties, contact the office of the judge assigned to the case or the Circuit Clerk’s office: a. Ford County Circuit Clerk 217-379-9420 b. Livingston County Circuit Clerk 815-844-2006 c. Logan County Circuit Clerk 217-735-2376 d. McLean County Circuit Clerk 309-888-5301 e. Woodford County Circuit Clerk 309-467-3312
Page 7 | C. Where to find information and assistance for remote proceedings
Attorneys are encouraged to contact the local circuit clerk’s office for additional filing specifics.
Attorneys are encouraged to contact the local circuit clerk’s office for other specifics.
Page 11 | Rule 9(B)(3) — Rejection of e-filing
A party seeking foreclosure through a counterclaim may contact court scheduling to request a mediation date.
Any party in a counterclaim seeking to foreclose a residential mortgage may request mediation by contacting court scheduling to schedule a mediation date.
Page 29 | F. Counterclaims to Foreclose a Mortgage