Circuit Court of Massac County, Illinois (1st Judicial Circuit) Adjournment & Extension Requirements

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICALCivil cases

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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).

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

CRITICAL

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.

WARNING

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.