11th Judicial Circuit Court, Livingston County, Illinois Filing Timing and Cure Windows

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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)

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.

WARNING

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.

WARNING

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.

WARNING

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The receiver must file a final report when the receivership ends.

a final report shall be filed upon the termination of the receivership.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 business days

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

The receiver must file additional reports annually after the first report.

and additional reports annually thereafter.

CRITICAL

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

CRITICAL

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.

CRITICALCriminal cases

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.

CRITICAL

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.

CRITICAL

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

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

Deadline

1 business days

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.

WARNING

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.

WARNING

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.