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Court Rules

Circuit Court of Massac County, Illinois (1st Judicial Circuit)

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • Matters returnable on a legal holiday are continued to the next business day of the Court.
  • Matters scheduled to be heard on a legal holiday are continued to the next business day of the Court.
  • Motions to continue must comply with Local Rule 2.4 and may be denied for noncompliance.
  • +18 more

Request must include

Adversary PositionEmergency Nature

Communication

Phone

Chambers

618-997-1301 Ext. 1256
Technical Issues
Cases:
Filters:

Document Format Requirements4 rules

FormattingMandatory

Petitioners: Numbers with the case number. Example: Ex. 1 25-DC-1

FormattingMandatory

Respondents: Letters with the case number. Example: Ex. A 25-DC-1

FormattingMandatory

The proponent, of any exhibit requested to go to the jury during deliberations, shall provide the Court a paper copy of the same.

File type
Paper
Applies to
  • Exhibit
FormattingImportant

Exhibits shall be marked and not use duplicative numbering.

Document Filing Requirements28 rules

Filing RequirementsMandatory

All proposed orders submitted by an attorney shall include on the bottom left side of the last page of the order the name of the attorney/law firm, address, phone number and attorney registration number of the attorney who submitted the order.

Filing RequirementsMandatory

Proposed orders submitted pursuant to Local Rule 1.12 shall only be presented following a ruling by the Court and direction for one party to submit a proposed order or after an agreement is read on the record and approved by the Court.

Filing RequirementsMandatory

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

Filing RequirementsMandatory

All summonses, notices, and court orders setting court dates where case participants have the option to appear remotely shall include the following: (1) the Zoom Meeting ID and Password and (2) the courthouse address and courtroom number.

RULES-OF-THE-FIRST-JUDICIAL-CIRCUIT-COURT-OF-ILLINOIS-JANUARY-10-2025-1 · Jan 2025 · p. 8
|SectionRULE 1.15(C) WHICH DOCUMENTS MUST INCLUDE REMOTE APPEARANCE INFORMATION
Filing RequirementsMandatory

Every such motion shall be accompanied by a proposed order.

Document
Motion

Must include

  • Proposed order
Filing RequirementsMandatory

Each such motion shall contain or be accompanied by a short, concise statement containing the citation of any legal authority the movant may wish the court to consider.

Filing RequirementsMandatory

Each such motion shall specifically set forth its factual and legal basis.

Filing RequirementsMandatory

Every pre-trial and post-trial motion shall be in writing

Filing RequirementsMandatory

Upon an adjudication of civil contempt, a written judgment shall be promptly prepared and filed which specifies the contumacious conduct, the sanctions imposed, and the means by which the contemnor may purge himself.

RULES-OF-THE-FIRST-JUDICIAL-CIRCUIT-COURT-OF-ILLINOIS-JANUARY-10-2025-1 · Jan 2025 · p. 15
|SectionArticle IV. Civil Contempt Procedure, Rule 4.7 Judgment of Contempt
Filing RequirementsMandatory

Before imposing sanctions against a pro se litigant in the specified cases, the court must determine willfulness and provide approved contempt-notice and financial-affidavit forms with an opportunity to complete the affidavit.

Court's wording

In civil contempt proceedings involving the non-payment of child support, or in any other type of cases as required in the discretion of the court, prior to the imposition of sanctions against a pro se litigant, the court shall determine whether the non-payment of was willful. The court shall provide the pro se litigant with a notice regarding contempt and an opportunity to complete a financial affidavit. The notice and affidavit will be on forms approved by the Chief Judge.

RULES-OF-THE-FIRST-JUDICIAL-CIRCUIT-COURT-OF-ILLINOIS-JANUARY-10-2025-1 · Jan 2025 · p. 15
|SectionArticle IV. Civil Contempt Procedure, Rule 4.6 Imposition of Sanctions
Filing RequirementsMandatory

Before approving attorney’s fees in a personal-injury case involving a minor or disabled person, the court requires a sworn petition stating the employment terms, services, customary charges, and relevant special circumstances.

Court's wording

Prior to approval of attorney’s fees in a case based upon personal injuries to a minor or a disabled person the Court shall require the submission of a sworn petition setting forth: A. the terms of employment; B. the services rendered; C. the customary and usual charges for such services; and D. any special circumstances which might bear on the question of fees.

RULES-OF-THE-FIRST-JUDICIAL-CIRCUIT-COURT-OF-ILLINOIS-JANUARY-10-2025-1 · Jan 2025 · p. 16
|SectionArticle V. Attorneys and Counselors at Law, Rule 5.1 Fees in Minors' and Disabled Persons' Cases
Filing RequirementsMandatory

Counsel shall file a certificate of compliance with discovery orders.

Document
Certificate of compliance

Must include

  • Local rule certificate
RULES-OF-THE-FIRST-JUDICIAL-CIRCUIT-COURT-OF-ILLINOIS-JANUARY-10-2025-1 · Jan 2025 · p. 16
|SectionArticle VI. Criminal Practice and Procedure, Rule 6.1 Restrictions on Filing Papers in Criminal Cases
Filing RequirementsMandatory

The mediator shall immediately advise the trial judge in writing if he or she suspends or terminates mediation for some reason other than agreement or inability to reach agreement, specifying the reason for such termination.

Filing RequirementsMandatory

Promptly upon conclusion of mediation, the mediator shall file with the Circuit Clerk a report, on a form provided by the Chief Judge, specifying any issues on which agreement was reached or whether the matter has concluded unsuccessfully. The report shall not specify the reasons for the inability of the parties to reach agreement.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

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.

Filing RequirementsMandatory

The report shall designate, "full agreement", "partial agreement" or "no agreement". The report shall be signed by the mediator

Filing RequirementsMandatory

For a partial agreement, the mediator’s report must identify resolved and unresolved claims and who will complete and submit the documents needed to conclude the 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.

Filing RequirementsMandatory

If no agreement is reached, the mediator shall so report without comment or recommendation.

Filing RequirementsMandatory

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure. The court shall provide, and parties shall be required to use, a standardized form expressly titled "Certification for Exemption From E-filing" adopted by the Illinois Supreme Court Commission on Access to Justice.

Filing RequirementsMandatory

If the court determines that good cause is not shown, the court shall enter an order to that effect stating the specific reasons for the determination and ordering the litigant to e-file thereafter.

Filing RequirementsMandatory

All pleadings shall accurately reflect that the sale shall be conducted by the Williamson County Circuit Clerk.

2024-1-29-Standing-Order-for-all-Cases-Assigned-to-Judge-Gill · Mar 2024 · p. 1
|SectionSTANDING ORDER FOR ALL CASES ASSIGNED TO JUDGE GILL
Filing RequirementsImportantCivil cases

Information contained within said reports shall include the number of cases submitted to mediation, the type and number of issues resolved through EMC, participant satisfaction rates and survey results.

Filing RequirementsImportant

If no objection is raised within five (5) days of the submission of the proposed order, the Court may enter the order.

Filing RequirementsImportant

Except for motions for summary judgment, which are governed by statute and not subject to this rule, any party that desires to present testimony or other evidence to support or oppose a motion (where authorized by law) should so indicate in the motion or answering memorandum.

Filing RequirementsNote

No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.

Filing & Service rules

Electronic Filing Rules

Pleadings, motions, and other papers must be filed in person or by mail; fax filing is prohibited, and electronic filing is authorized only as adopted by a county and approved by the Chief Judge.

All pleadings, motions, and other papers shall be filed in person or via mail. Facsimile filing is not authorized. Electronic filing shall be authorized as adopted by the various counties and approved by the Chief Judge.

Page 8 | RULE 1.14 NO FACSIMILE FILING

Civil-case documents must be e-filed through a system approved by the Illinois Supreme Court unless an exemption applies.

Unless exempt as provided in paragraph (c), all documents in civil cases shall be electronically filed with the clerk of court using an electronic filing system approved by the Supreme Court of Illinois.

Page 30 | Rule 9.1(A)

Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office, unless the requirement has been waived for a self-represented litigant.

All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.

Page 2 | Standing Order for Remote Hearings and Scheduling in Judge Sanders' Probate, Chancery, Divorce and Family Cases

Counsel and self-represented litigants must submit proposed orders electronically through Odyssey at least 3 days before the hearing or bring paper copies to the hearing.

Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.

Page 1 | STANDING ORDER FOR ALL CASES ASSIGNED TO JUDGE GILL

Evidence depositions and exhibits must be submitted electronically through the Court's e-file system.

All evidence depositions and exhibits are to be submitted electronically through the Court's efile system.

Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

The statement of the case and witness list must be e-filed before the final pretrial.

A statement of the case and a list of witnesses shall be efiled with the Court prior to the final pretrial.

Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

Pleadings, exhibits, and proposed orders must be submitted electronically through the Circuit Clerk's office, except when the requirement has been waived for a self-represented litigant.

All pleadings, exhibits and proposed orders are to be submitted electronically through the Circuit Clerk's office; unless as a self represented litigant said requirement has been waived.

Page 2 | Electronic Submission of Pleadings, Exhibits and Proposed Orders (paragraph 17)

Electronic filing is authorized only as adopted by the various counties and approved by the Chief Judge.

Electronic filing shall be authorized as adopted by the various counties and approved by the Chief Judge.

Page 8 | RULE 1.14 NO FACSIMILE FILING

A certification for exemption from e-filing may be submitted to the court in person or by mail.

A Certification for Exemption From E-filing shall be filed with the court-in person or by mail-and include a certification under section 1-109 of the Code of Civil Procedure.

Page 30 | Rule 9.1(C)

A court may exempt documents in a specific case from e-filing upon certification showing good cause, including the stated access, language, literacy, or sensitive-pleading circumstances.

Documents in a specific case by court order, upon good cause shown by certification. Good cause exists where a self-represented litigant is not able to e-file documents for the following reasons: no computer or Internet access in the home and travel represents a hardship; or a language barrier or low literacy (difficulty reading, writing, or speaking in English). Good cause also exists if the pleading is of a sensitive nature, such as a petition for an order of protection or civil no contact/stalking order.

Page 30 | Rule 9.1(C)

Filing Timing and Cure Windows

Filing deadlines for motions and pleadings are extended to the next business day of the Court when they fall on a legal holiday.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | SPECIAL ORDER LEGAL HOLIDAYS

When the Court orders EMC mediation, no judgment may be entered until mediation occurs and a completion report is filed with the Court.

If the Court obligates mediation of the parties through EMC, the Court shall prohibit any judgment from being entered until mediation has taken place, and a report of completion is filed with the Court.

Civil cases

Page 2 | C. MEDIATION PROCEDURE

After each EMC mediation session, the Program must file a report with the Court stating the outcome.

Upon conclusion of each mediation session through EMC, the Program shall file a report with the Court indicating the outcome.

Civil cases

Page 2 | C. MEDIATION PROCEDURE

The deadline to file motions and pleadings is extended to the next business day of the Court.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | SPECIAL ORDER LEGAL HOLIDAYS

A tendered draft order may be entered immediately unless an objection is made within five working days after service.

The draft tendered may be entered forthwith unless objection is made within five workings days after service of the draft.

Page 7 | RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS

When the court allows or directs written argument or memoranda, they must be submitted promptly and no later than 30 days thereafter, unless the court orders otherwise.

In the event that written argument and/or memoranda are allowed or directed by the court, said written argument or memoranda shall be submitted promptly, no later than 30 days thereafter, unless otherwise ordered by the Court.

Page 7 | RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS

A party opposing a pre-trial or post-trial motion must submit an answering memorandum stating its reasons and citing relevant authorities within ten days of filing.

Any party that opposes such a motion shall within ten days of its filing submit an answering memorandum containing the reasons for opposition together with citations of relevant authorities

Page 12 | RULE 2.1 PRE-TRIAL AND POST-TRIAL MOTIONS

When seeking relief concerning specified discovery materials, the disputed portions must be filed with the clerk contemporaneously with the motion.

B. Relief Involving Discovery Materials. If relief is sought concerning any deposition, interrogatory, request for production or inspection, answer to interrogatory, or response to request for production or inspection, copies of the portion of the deposition, interrogatory, request, answer, or response in dispute shall be filed with the clerk contemporaneously with any motion.

Page 13 | RULE 2.5 DISCOVERY

Discovery portions expected to be used at trial or needed for a motion must be filed with the clerk at trial’s outset or when the motion is filed, to the extent their use can reasonably be anticipated.

C. Use at Trial or for Motion. 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 at the outset of the trial or upon filing of the motion, insofar as their use reasonably can be anticipated.

Page 13 | RULE 2.5 DISCOVERY

Discovery documents not already in the record that are needed for an appeal must be filed with the circuit clerk upon application and court order for transmission with the appellate record.

D. Unfiled Discovery--Appeals. When documentation of discovery not previously in the record is needed for appeal purposes, upon an application to and order of the court, the necessary discovery papers shall be filed with the clerk of the circuit court for transmittal with the rest of the record on appeal.

Page 13 | RULE 2.5 DISCOVERY

The mediator must file the signed report in the case file within fourteen 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 fourteen (14) days after the last day of mediation.

Page 27 | J. Completion of Mediation

Unless another authority sets a filing time, a document is timely if submitted before midnight in the court’s time zone on or before its due date.

Unless a statute, rule, or court order requires that a document be filed by a certain time of day, a document is considered timely if submitted before midnight (in the court's time zone) on or before the date on which the document is due.

Page 31 | D. Timely Filing

A document submitted while the clerk’s office is closed is file stamped as filed on the next business day the office is open, unless it is rejected.

A document submitted on a day when the clerk's office is not open for business will, unless rejected, be file stamped as filed on the next day the clerk's office is open for business.

Page 31 | D. Timely Filing

Filing deadlines for motions and pleadings are extended to the next business day when affected by a court holiday.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | Time for Filing Motions and Pleadings

The filing time for motions and pleadings is extended to the Court's next business day when the date falls on a legal holiday.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | Special Order Legal Holidays

A written motion to participate remotely by audio only or without a full name must be filed at least one day before the hearing.

Persons without video capabilities, or without the ability to join with a full name, may request to participate in the remote hearing via audio only, or without a full name, by written motion to the Court, filed at least 1 day prior to the hearing.

Page 1 | STANDING ORDER FOR REMOTE HEARINGS FOR JUDGE GILL'S CASES

For evidentiary proceedings, a written motion requesting remote participation must be filed at least two days before the hearing.

For evidentiary proceedings, parties and attorneys may submit a request to participate in the hearing remotely, by written motion, filed at least 2 days prior to the hearing.

Page 1 | STANDING ORDER FOR REMOTE HEARINGS FOR JUDGE GILL'S CASES

The filing deadline for motions and pleadings is extended to the next business day of the Court.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | Extension of Time for Filing Motions and Pleadings

Remote appearances for status hearings, CMCs, other hearings, or trials require prior leave of court, and a requesting motion must be filed at least 3 days before the hearing.

Status hearings, CMCs, other hearings, or trials shall only be permitted via Zoom or telephone, if granted prior leave of court. Any motion requesting such appearance shall be filed at least 3 days prior to said hearing.

Page 1 | STANDING ORDER FOR ALL CASES ASSIGNED TO JUDGE GILL

Proposed orders submitted electronically must be submitted at least 3 days before the hearing; paper copies may instead be brought to the hearing.

Counsel and Self Represented Litigants shall electronically submit proposed Orders through Odyssey at least 3 days prior to said Hearing, or bring paper copies to the Hearing.

Page 1 | STANDING ORDER FOR ALL CASES ASSIGNED TO JUDGE GILL

Motions in limine must be filed at least 7 days before the final pretrial.

The deadline to file motions in limine is 7 days prior to the final pretrial.

Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

Requests for daily transcripts must be made at least 14 days before jury selection begins.

Requests for daily transcripts must be made not less than 14 days prior to the first day of jury selection.

Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

The proponent must file evidence depositions and exhibits at least 14 days before the final pretrial.

The proponent of any evidence deposition and/or exhibits shall file the same with the Court at least 14 days prior to the final pretrial.

Page 1 | STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

Filing deadlines for motions and pleadings are extended to the Court's next business day when affected by a legal holiday.

(c) The time for filing motions and pleadings is to be extended to the next business day of this Court.

Page 1 | Special Order Legal Holidays

Program reports must be submitted quarterly or when requested.

Reports shall be submitted on a quarterly basis, or as requested.

Civil cases

Page 2 | E. REPORTING REQUIREMENTS

If a proposed order or judgment is not presented within 30 days after the court’s decision, the docket must note that fact and direct the clerk to retrieve the file for the judge’s review within the following 30 days, unless the order or judgment is entered in the meantime.

If the proposed order or judgment has not been presented to the Court within 30 days after the Court’s decision, that fact shall be noted in a docket entry, which shall direct the clerk to pull the file for the judge’s review within 30 days thereafter, unless the order or judgment has been entered by the Court in the interim.

Page 7 | RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS

After the ten-day period expires, the clerk will refer the motion papers and case file to the court for disposition.

Upon expiration of the 10-day period, the clerk will refer the motion papers and the case file to the court for appropriate disposition.

Page 12 | RULE 2.1 PRE-TRIAL AND POST-TRIAL MOTIONS

A respondent may file a written answer no later than three days before the hearing, specifically denying petition allegations and stating any affirmative defenses.

No later than three days prior to the hearing, the respondent may file a written answer denying with specificity any allegations of the petition and setting out any affirmative defenses.

Page 15 | Article IV. Civil Contempt Procedure, Rule 4.4 Answer

A party may seek appropriate court relief upon a showing of good cause if clerk rejection makes a document untimely.

If a document is rejected by the clerk and is therefore untimely, the filing party may seek appropriate relief from the court, upon good cause shown.

Page 31 | D. Timely Filing

A party may seek appropriate court relief upon a showing of good cause if a court-approved e-filing system technical failure makes a document untimely.

If a document is untimely due to any court-approved electronic filing system technical failure, the filing party may seek appropriate relief from the court, upon good cause shown.

Page 31 | D. Timely Filing

Matters returnable on a legal holiday are continued to the Court's next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

Page 1 | Special Order Legal Holidays

The Court and specified court offices are closed on the listed 2025 legal holidays, and the Supreme Court and Chief Judge may add holidays.

(a) The Circuit Court of the First Judicial Circuit of Illinois shall adjourn, and the **Office of the Clerk of the Circuit Court and other Judicial related offices** of the First Judicial Circuit, State of Illinois, shall be closed on the following legal holidays for the year **2025**. | January 1 | New Year's Day | Wednesday | | --- | --- | --- | | January 20 | Martin Luther King, Jr. Day | Monday | | February 12 | Lincoln's Birthday | Wednesday | | February 17 | Washington's Birthday (Obsvd.) | Monday | | April 18 | Good Friday | Friday | | May 26 | Memorial Day | Monday | | June 19 | Juneteenth Independence Day | Thursday | | July 4 | Independence Day | Friday | | September 1 | Labor Day | Monday | | October 13 | Columbus Day (Obsvd.) | Monday | | November 11 | Veterans' Day | Tuesday | | November 27 | Thanksgiving Day | Thursday | | November 28 | Day Following Thanksgiving Day | Friday | | December 24 | Christmas Eve | Wednesday | | December 25 | Christmas Day | Thursday | Additional holidays may be added by the Supreme Court and the Chief Judge.

Page 1 | Special Order Legal Holidays

Service and Proof of Service Rules

The draft written order or judgment must be served on opposing counsel, and proof of service must accompany its presentation to the court.

Unless the Court directs otherwise, whenever a written order or judgment is required, the attorney or the prevailing party shall promptly prepare and present a draft to the court, with proof of service on opposing counsel.

Page 7 | RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS

The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.

The clerk shall refuse to file any pleading which is not signed and/or accompanied by a proof of service.

Page 12 | RULE 2.1 PRE-TRIAL AND POST-TRIAL MOTIONS

Specified interrogatories, discovery materials, and depositions must be served with proof of service on other counsel or parties and must not be filed with the clerk.

A. Restrictive Filing of Discovery. Interrogatories under Supreme Court Rules 213 and 220, and the answers thereto, discovery of documents and other materials under Supreme Court Rule 214, and depositions under Supreme Court Rules 206 and 207 shall be served with proof of service upon other counsel or parties, but shall not be filed with the clerk of the court. The party responsible for service of the discovery material shall retain the original and become the custodian.

Page 13 | RULE 2.5 DISCOVERY

The signed, file-marked order to show cause must be personally served, with the appearance set 21 to 40 days after issuance and service at least seven days before the appearance date.

A signed and file-marked copy of the order to show cause shall be personally served upon the respondent in the manner of summons requiring an appearance not less than 21 days nor more than 40 days after issuance, and shall be served not less than seven days before the day for appearance.

Page 15 | Article IV. Civil Contempt Procedure, Rule 4.3 Service

A signed, file-marked copy of the contempt judgment must be served on the contemnor, and proof of service must be filed.

A signed, file-marked copy of the judgment shall be served upon the contemnor, and proof of service shall be filed.

Page 15 | Article IV. Civil Contempt Procedure, Rule 4.7 Judgment of Contempt

When a mediation order appointing a mediator is entered, the Circuit Clerk must mail or fax the order and specified case documents to the mediator.

Upon entry of a Mediation Order appointing a mediator, the Circuit Clerk shall: a. Mail or fax a copy of the Order to the mediator together with copies of the following: b. Record sheets and pleadings in dispute, and c. Financial affidavits and pre-mediation questionnaires, if any.

Page 20 | (f) Notification by Circuit Clerk; Review by Mediator

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 27 | J. Completion of Mediation

Each litigant must receive a mailed notice when the case is rescheduled.

Each party litigant shall receive a notice in the mail upon rescheduling.

Page 2 | Cases set in the First Judicial Circuit Court which have a scheduled court date are postponed

Each litigant must receive mailed notice when the case is rescheduled.

Each party litigant shall receive a notice in the mail upon rescheduling.

Page 1 | Postponed Case Categories

Litigants are directed to keep their mailing addresses current.

Litigants are directed to ensure that their mailing addresses are updated and current.

Page 1 | Postponed Case Categories

Each litigant must receive mailed notice when the case is rescheduled.

Each party litigant shall receive a notice in the mail upon rescheduling.

Page 1 | Postponed Case Categories

Litigants must ensure their mailing addresses are current.

Litigants are directed to ensure that their mailing addresses are updated and current.

Page 1 | Postponed Case Categories

Filing Fees and Waivers

A $2.00 Dispute Resolution Fund fee is due from the initiating party when filing the first pleading in civil cases, except proceedings commenced by or on behalf of a unit of local government.

The Clerks of the Circuit Court in each county shall upon entry of this Order, begin to charge and collect a Dispute Resolution Fund fee of TWO DOLLARS ($2.00) in all civil cases except in proceedings commenced by or on behalf of a unit of local government. Such fee shall be paid by the party initiating the action at the time of filing the first pleading.

Civil cases

Page 1 | WHEREFORE IT IS ORDERED

Defendants must pay service provider costs, which cannot be waived, and the Pope County Circuit Clerk receives and remits those costs.

WHEREAS, 705 ILCS 135/5-15 provides the defendant shall pay service provider costs to the entity that provided the service; and WHEREAS, 705 ILCS 135/5-15 provides that service provider costs are not eligible for credit for time served, substitution of community service, or waiver; and The Clerk of the Circuit Court of Pope County is appointed as the receiver and remitter of service provider costs, which may include, but are not limited to, probation fees, traffic school fees, and drug or alcohol testing fees.

Criminal cases

Page 5 | CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS

Defendants must pay service provider costs, which cannot be waived, and the Pulaski County Circuit Clerk receives and remits those costs.

WHEREAS, 705 ILCS 135/5-15 provides the defendant shall pay service provider costs to the entity that provided the service; and WHEREAS, 705 ILCS 135/5-15 provides that service provider costs are not eligible for credit for time served, substitution of community service, or waiver; and The Clerk of the Circuit Court of Pulaski County is appointed as the receiver and remitter of service provider costs, which may include, but are not limited to, probation fees, traffic school fees, and drug or alcohol testing fees.

Criminal cases

Page 6 | CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS

Sealing & Redaction Procedures

Depositions filed under the cited rules must remain sealed until the court orders them opened.

Depositions filed in accordance with Supreme Court Rule 414(d) (incorporating Rule 207) shall remain sealed until ordered opened by the court.

Page 16 | Article VI. Criminal Practice and Procedure, Rule 6.1 Restrictions on Filing Papers in Criminal Cases

The clerk must file and seal the original pre-mediation questionnaires and later send copies to the mediator.

The clerk shall file and seal the original pre-mediation questionnaires, copies of which shall later be sent to the appointed mediator.

Page 19 | (d) Prerequisites to Mediation; Disclosure of Impediments

At the assigned judge’s discretion, previously filed materials subject to the rule may be removed and returned or sealed, and the judge must make an appropriate docket entry either way.

At the discretion of the judge assigned to a case, previously filed materials which are subject to this rule may either be removed from the file and returned to the party filing them or ordered sealed. In either such event, the judge shall make an appropriate docket entry.

Page 16 | Article VI. Criminal Practice and Procedure, Rule 6.1 Restrictions on Filing Papers in Criminal Cases

Pre-Motion Conference Requirements

There will be no oral argument on a motion unless the court orders it.

There will be no oral arguments unless ordered by the court.

Page 12 | RULE 2.1 PRE-TRIAL AND POST-TRIAL MOTIONS

A non-evidentiary pre-trial or post-trial motion in a civil case will be set for oral argument only if authorized by the presiding judge.

Non-evidentiary pre-trial and post-trial motions in civil cases will only be set for oral argument when authorized by the judge presiding.

Page 12 | RULE 2.2 ORAL ARGUMENT OF MOTIONS AND APPEARANCES

Ex parte motions, emergency motions, and motions under stipulations for agreed orders may be presented without a setting.

Ex parte or emergency motions and motions in accordance with stipulations for agreed orders may be presented without a setting.

Page 12 | RULE 2.3 EX PARTE, EMERGENCY, AND STIPULATED MOTIONS

Adjournment & Extension Requirements

Matters returnable on a legal holiday are continued to the next business day of the Court.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

Page 1 | SPECIAL ORDER LEGAL HOLIDAYS

Matters scheduled to be heard on a legal holiday are continued to the next business day of the Court.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

Page 1 | SPECIAL ORDER LEGAL HOLIDAYS

Criminal matters set for trial are continued for 60 days from the March 20, 2020 entry of Supreme Court Order M.R. 30370, and the resulting delay is not attributable to the State or the defendant for purposes of section 103-5.

IT IS FURTHER ORDERED that all criminal matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020. Any delay resulting from this emergency continuance order shall not be attributable either the State or the defendant for the purposes of section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018).

Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT PURSUANT TO COVID-19 PANDEMIC/IMPACT ON TRIALS

All matters set for trial are continued for 60 days from the March 20, 2020 entry of Supreme Court Order M.R. 30370.

IT IS THEREFORE ORDERED by the Chief Judge of the First Judicial Circuit of Illinois that all matters set for trial in the First Judicial Circuit of Illinois are continued for a period of 60 days from the entry of M.R. 30370 issued by the Supreme Court of Illinois dated March 20, 2020.

Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT PURSUANT TO COVID-19 PANDEMIC/IMPACT ON TRIALS

A trial continuance cannot be granted solely because attorneys were substituted or added, unless good cause is shown by motion and affidavit.

A trial continuance shall not be granted solely upon the ground of substitution or addition of attorneys, except for good cause shown by motion and affidavit.

Page 12 | RULE 2.4 MOTIONS FOR CONTINUANCE

A continuance motion based on a cause set out in Supreme Court Rule 231 must strictly comply with that rule to receive consideration.

A motion for continuance for any cause set out in Supreme Court Rule 231 must comply strictly with Supreme Court Rule 231 to receive consideration of the judge presiding.

Page 12 | RULE 2.4 MOTIONS FOR CONTINUANCE

If a case has been pending more than 24 months or trial is set to begin within 48 hours, a continuance motion must be personally signed by the requesting party unless the judge finds good cause for the missing signature.

In any case which has been pending for more than 24 months, and in any case in which trial is set to commence within 48 hours, any motion for continuance shall be personally signed by the party whose attorney is requesting the continuance, unless the judge is satisfied that good cause for the absence of the party’s signature has been shown.

Page 12 | RULE 2.4 MOTIONS FOR CONTINUANCE

Agreements by counsel or parties about a continuance motion do not bind the court, and only the court may grant a continuance.

Agreements of Counsel or parties as to a motion to continue shall not be binding on the court. Continuances may be granted only by the court.

Page 12 | RULE 2.4 MOTIONS FOR CONTINUANCE

An emergency continuance motion must state the emergency’s nature and why the adverse party or attorney could not be contacted before filing.

F. Emergency Motion. If a motion for continuance is filed in an emergency situation, the movant must state the nature of the emergency and the reasons why the adverse party or attorney could not be contacted prior to the filing of the motion.

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Before filing a continuance motion, the movant must attempt to contact the adverse party and state the party’s position or, if there is no contact or response, provide the court written details.

E. Notice to Adverse Party. The attorney or party moving for continuance must attempt to contact the adverse party or his or her attorney prior to filing the motion for continuance. The motion shall state whether the adverse party or attorney agrees or objects to the motion. If the adverse party or attorney is not contacted or does not respond, the movant shall provide the court, in writing, with the details of the attempts to contact the adverse party or attorney or the failure of the adverse party or their attorney to respond.

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Continuance requests in cases involving child custody, parental responsibilities, visitation, parenting time, or support must strictly comply with Supreme Court Rule 901.

G. Compliance with Supreme Court Rule 901. In all cases involving child custody, allocation of parental responsibilities, visitation, allocation of parenting time, or support, any request for continuance must strictly comply with the provisions of Supreme Court Rule 901.

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Small claims and LM cases are continued until the Restore Illinois plan reaches Stage 4.

All small claims and LM cases are continued until the Governor's Restore Illinois plan moves to Stage 4, which allows for gatherings of no more than 50 people.

Civil cases

Page 1 | STANDING ORDER FOR REMOTE HEARINGS IN CIVIL CASES BEFORE JUDGE TODD LAMBERT

Matters returnable on a legal holiday are continued to the next business day of the Court.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

Page 1 | Matters Returnable on Legal Holidays

Delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or juvenile for purposes of the juvenile-trial statute.

Regarding juvenile delinquency proceedings, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the juvenile for purposes of section 5-601 of the Illinois Juvenile Court (705 ILCS 405/5-601 (West 2018)) Trial.

Page 1 | Regarding juvenile delinquency proceedings

Chief Judges may continue trials until further order of the Illinois Supreme Court.

The Chief Judges of each circuit may continue trials until further order of this Court.

Page 1 | IN THE MATTER OF COURT OPERATIONS IN THE FIRST JUDICIAL CIRCUIT PURSUANT TO COVID-19 PANDEMIC/IMPACT ON TRIALS

Delay resulting from the April 3, 2020 emergency continuance order is not attributable to the State or defendant for criminal speedy-trial purposes.

Regarding criminal proceedings, section 103-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/103-5 (West 2018) Speedy Trial, any delay as stated in the Illinois Supreme Court emergency continuance order entered on April 3, 2020, shall not be attributable to either the State or the defendant for purposes of 725 ILCS 5/103-5 (West 2018).

Page 1 | Regarding criminal proceedings

Chief Judges may continue trials until further order of the Court.

The Chief Judges of each circuit may continue trials until further order of this Court.

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The judge assigned to a criminal or civil case determines whether the trial will be continued.

The Chief Judge, First Judicial Circuit, designates the judge assigned to a criminal or civil case to make the determination, to decide, whether a trial is to be continued.

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Continuances occasioned by the order are excluded from the specified speedy-trial computations, and the statutory time restrictions are tolled until further order.

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

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When distancing and facilities limitations cause a trial continuance, the assigned judge must find that the limitations necessitated the delay and make a record of the finding.

If a trial is continued due to proper distancing and facilities' limitations causing the continuance, the delay, the judge assigned to that case must find that such limitations necessitate the continuance, the delay, and shall make a record of such finding.

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Matters scheduled for a legal holiday are continued to the Court's next business day.

(b) All matters returnable on said legal holidays are to be continued to the next business day of this Court.

Page 1 | Special Order Legal Holidays

Motions to continue must comply with Local Rule 2.4 and may be denied for noncompliance.

All Motions to Continue must comply with Local Rule 2.4. Failure to comply with said Rule could subject the motion being denied.

Page 1 | STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES

Chambers Communication Rules

Individuals seeking approval to schedule an emergency matter must contact the Circuit Clerk in the county where the case will be heard.

Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.

Page 2 | Emergency matters may be scheduled on a case-by-case basis

Emergency matters may be scheduled case by case, and individuals must contact the county Circuit Clerk to seek Court approval to schedule one.

Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.

Page 1 | Postponed Case Categories

Attorneys and litigants unable to appear because of the stated restrictions should contact the Circuit Clerk in the county where the case is pending.

If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.

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An attorney or litigant unable to appear because of the stated restrictions should contact the county Circuit Clerk.

If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.

Page 2 | Travel or Health Exemptions

Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.

Emergency matters may be scheduled on a case-by-case basis. Individuals shall contact the Circuit Clerk in the county where the case is to be heard for the purpose of seeking approval from the Court to schedule an emergency matter.

Page 1 | Postponed Case Categories

If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.

If you are an attorney or litigant and have a scheduled case, appointment, or are otherwise required to appear at the courthouse in connection with a court case, but are unable to appear because of the above restrictions, please contact the Circuit Clerk in the county where the case is pending.

Page 2 | Travel and Health Restrictions

Call the Judicial Secretary for assistance with difficulties.

If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.

Page 2 | Standing Order for Remote Hearings and Scheduling in Judge Sanders' Probate, Chancery, Divorce and Family Cases

Litigants may contact the Circuit Clerk in the county where their case is pending with questions.

Litigants may contact the Circuit Clerk in the county of the pending case with any questions.

Page 2 | Cases set in the First Judicial Circuit Court which have a scheduled court date are postponed

Litigants may contact the county Circuit Clerk with questions about the pending case.

Litigants may contact the Circuit Clerk in the county of the pending case with any questions.

Page 1 | Postponed Case Categories

Litigants may contact the county Circuit Clerk with questions about a pending case.

Litigants may contact the Circuit Clerk in the county of the pending case with any questions.

Page 1 | Postponed Case Categories

Call the Judicial Secretary at the listed number if you have difficulties.

If you have any difficulties, please call the Judicial Secretary at 618-997-1301 Ext. 1256.

Page 2 | Remote Hearing Procedures (paragraphs 1–16)

Common questions about Circuit Court of Massac County, Illinois (1st Judicial Circuit) rules

Does Circuit Court of Massac County, Illinois (1st Judicial Circuit) require a pre-motion conference or letter before filing a motion?

There will be no oral argument on a motion unless the court orders it.

View ruleSource: page 12, section RULE 2.1 PRE-TRIAL AND POST-TRIAL MOTIONS

What formatting rules apply to filings in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Circuit Court of Massac County, Illinois (1st Judicial Circuit)'s formatting rule includes file format paper and the proponent must provide the court a paper copy of any exhibit requested to go to the jury during deliberations.. The proponent of an exhibit requested for the jury during deliberations must provide the Court a paper copy.

View ruleSource: page 1, section STANDING ORDER FOR JURY TRIALS ASSIGNED TO JUDGE GOFFINET

What must be included with proposed order filings in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Attorney-submitted proposed orders must list the submitting attorney or law firm's contact and registration information at the bottom left of the last page.

View ruleSource: page 1, section STANDING ORDER FOR HEARINGS — JUDGE SANDERS' CASES

What must be included with summons notice or court order setting court date filings in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Summonses, notices, and court orders setting a date with a remote-appearance option must include the Zoom Meeting ID and password, courthouse address, and courtroom number.

View ruleSource: page 8, section RULE 1.15(C) WHICH DOCUMENTS MUST INCLUDE REMOTE APPEARANCE INFORMATION

How may parties contact Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Individuals seeking approval to schedule an emergency matter must contact the Circuit Clerk in the county where the case will be heard.

View ruleSource: page 2, section Emergency matters may be scheduled on a case-by-case basis

How does Circuit Court of Massac County, Illinois (1st Judicial Circuit) handle sealed or redacted filings?

Depositions filed under the cited rules must remain sealed until the court orders them opened.

View ruleSource: page 16, section Article VI. Criminal Practice and Procedure, Rule 6.1 Restrictions on Filing Papers in Criminal Cases

How do I request an adjournment or extension in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Matters returnable on a legal holiday are continued to the next business day of the Court.

View ruleSource: page 1, section SPECIAL ORDER LEGAL HOLIDAYS

Is electronic filing required in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Pleadings, motions, and other papers must be filed in person or by mail; fax filing is prohibited, and electronic filing is authorized only as adopted by a county and approved by the Chief Judge.

View ruleSource: page 8, section RULE 1.14 NO FACSIMILE FILING

Are filing fees or waivers addressed in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

A fee is required for covered filings. Defendants must pay service provider costs, which cannot be waived, and the Pope County Circuit Clerk receives and remits those costs.

View ruleSource: page 5, section CIRCUIT CLERK APPOINTED AS RECEIVER AND REMITTER OF SERVICE PROVIDER COSTS

What filing deadlines does Circuit Court of Massac County, Illinois (1st Judicial Circuit) set?

Filing deadlines for motions and pleadings are extended to the next business day of the Court when they fall on a legal holiday.

View ruleSource: page 1, section SPECIAL ORDER LEGAL HOLIDAYS

What rule applies to serving the opposing party in Circuit Court of Massac County, Illinois (1st Judicial Circuit)?

Proof of service is required for the covered service rule. Details: recipient: the opposing party. The draft written order or judgment must be served on opposing counsel, and proof of service must accompany its presentation to the court.

View ruleSource: page 7, section RULE 1.12 PREPARATION OF JUDGMENTS AND ORDERS
Complete rules summary for Circuit Court of Massac County, Illinois (1st Judicial Circuit)

Matters returnable on a legal holiday are continued to the next business day of the Court.

Filing deadlines for motions and pleadings are extended to the next business day of the Court when they fall on a legal holiday.

When the Court orders EMC mediation, no judgment may be entered until mediation occurs and a completion report is filed with the Court.

After each EMC mediation session, the Program must file a report with the Court stating the outcome.

Program reports must include mediation case totals, resolved issue types and counts, participant satisfaction rates, and survey results.

Program reports must be submitted quarterly or when requested.

Matters scheduled to be heard on a legal holiday are continued to the next business day of the Court.

The deadline to file motions and pleadings is extended to the next business day of the Court.

Attorney-submitted proposed orders must list the submitting attorney or law firm's contact and registration information at the bottom left of the last page.

Petitioners' exhibits for evidentiary hearings must be marked with numbers and the case number.

Respondents' exhibits for evidentiary hearings must be marked with letters and the case number.

A proposed order under Local Rule 1.12 may be presented only after the Court rules and directs a party to submit one, or after an agreement is read on the record and approved by the Court.

If no objection is raised within five days after submission of a proposed order, the Court may enter it.

Motions to continue must comply with Local Rule 2.4 and may be denied for noncompliance.

All matters set for trial are continued for 60 days from the March 20, 2020 entry of Supreme Court Order M.R. 30370.

Criminal matters set for trial are continued for 60 days from the March 20, 2020 entry of Supreme Court Order M.R. 30370, and the resulting delay is not attributable to the State or the defendant for purposes of section 103-5.

When the court allows or directs written argument or memoranda, they must be submitted promptly and no later than 30 days thereafter, unless the court orders otherwise.

Unless the court directs otherwise, the attorney or prevailing party must promptly prepare and present a draft written order or judgment with proof of service on opposing counsel.

The draft written order or judgment must be served on opposing counsel, and proof of service must accompany its presentation to the court.

A tendered draft order may be entered immediately unless an objection is made within five working days after service.

If a proposed order or judgment is not presented within 30 days after the court’s decision, the docket must note that fact and direct the clerk to retrieve the file for the judge’s review within the following 30 days, unless the order or judgment is entered in the meantime.

Pleadings, motions, and other papers must be filed in person or by mail; fax filing is prohibited, and electronic filing is authorized only as adopted by a county and approved by the Chief Judge.

Electronic filing is authorized only as adopted by the various counties and approved by the Chief Judge.

Summonses, notices, and court orders setting a date with a remote-appearance option must include the Zoom Meeting ID and password, courthouse address, and courtroom number.

Every pre-trial and post-trial motion must be in writing.

Each pre-trial and post-trial motion must state its factual and legal basis.

Each motion must include or be accompanied by a concise statement citing the legal authority the movant wants the court to consider.

A party opposing a pre-trial or post-trial motion must submit an answering memorandum stating its reasons and citing relevant authorities within ten days of filing.

After the ten-day period expires, the clerk will refer the motion papers and case file to the court for disposition.

There will be no oral argument on a motion unless the court orders it.

More Judges in Circuit Court of Massac County, Illinois (1st Judicial Circuit)

Cord Z. Wittig
Judge